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Home My WebLink About2000-2008 Town Records Book 25 ' (Warrant for State Election—See WARRANT FILE) 1 STATE ELECTION � TUESDAY,NOVEMBER 7,2000 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Tuesday, November 7, 2000 at 7:00 a.m. . The following places were designated as the voting places for the various precincts: Precinct One, Harrington School; Precinct Two, Bowman School; Precinct Three, Clarke Middle � School; Preci:�ct Four, Bridge School; Precinct Five, Fiske School; Precinct Six, Diamond � Middle School; Precinct Seven, Estabrook School, Precinct Eight, Fire Headquarters �` Building;Precinct Nine,Hastings School. The election officers and Wardens of the various precincts were assigned for duty as follows: Precinct One � Precinct Two U Judith Marcus Warden U Duncan MacQueen D Margaret Blouin Clerk U Dorothy Bond R Hazel Allison-am Inspector D Jeannette Cerulli -pm D Robert Blouin Inspector R Robert Edwards D Arline Burns-am Inspector U JoAnn Eurich U Bessie Ezekiel Inspector D Rebecca Fagan D Mary Haskell-pm Inspector D Catherine Hooper-am U Margaret Kelly Inspector D George McCormack U Lillian MacArthur- am Inspector D Mary Ann McKenna D Eileen McAlduff-pm Inspector U Marjorie McNicholas U Doris Pemberton Inspector D Thomas Montanari -pm U Richard Pemberton Inspector U Clifford Pehrson U Martha Shurtleff Inspector R Marian Powell D Bernice Weiss Inspector � �I Precinct Three Precinct Four U Marjorie Modoono Warden D Gulli Kula '`- - U/U Alice Hopkins/David Kanter Clerk R Richard Crawford R Doris Berkstresser Inspector U Beverly Aker D Rita Casey Inspector R Doris Barclay � U Lillian Drury Inspector U Mary Devoe � U Marcia Flint Inspector U Faith Fenske D M.Elinor Greenway Inspector U Elizabeth Fleming-am � � D Katherine Marotto -am Inspector R Raymond Flynn-pm � � D Elizabeth McLaug�lin Inspec�or R Marilyn Ford-pm D Robert Tracey Inspector U Ra�ph McDewell -pm . U Laura Welby-pm Inspector U James Nicoloro -am Inspector D Judith O'Leary-em Inspector R Dana Regillo ' Inspector U Eleanor Smith � Precinct Five Precinct Six D Eric Kula Warden R Dorothy Boggia U Grace Ayers Clerk D Mary Casey D Henry Beerman Inspector D Francine Edwards -am U Francis Coscia-pm Inspector U Alla Fedus R Dorothy Gauthier-am Inspector D Hilda Charlotte Ford-am �I D Hazel Graham-pm Inspector D Katherine Geanacopulos t� _ D William Hooper-pm Inspector D Donald Lund-am R Alice Jones Inspector U Harriet Morrison D Cecil Jones Irspector R E. Ashley Rooney-am D Elizabeth Patrician-am Inspector D Mae Sandler-pm D Lucy Simeone Inspector R Barbara Simmons U Alice Stringos Inspector R William Simmons D Priscilla Winter Inspector R Burton Smith D Martha Zani Inspector D Muriel T«ylor-pm . November 7, 2000 State Election, cont.......... 2 Precinct Seven Precinct Eight D Gerald Abegg Warden U Leo Chudigian D Ruth Thomas Clerk R Judith Chudigian I� Mary Ayvazian Inspector U Claire Abernathy � R Isabelle Bennett Inspector - R Elinor Bettencourt D Mildred Collentro Inspector D Jane 3haribian D Linda Eisenmann Inspector R Nicholas Hay R Robert Foster Inspector U Audrey Hosford-pm D Robert Greenway Inspector U Kenneth MacWilliams U Sylvia Haroules-am Inspector D Marie Milso -am D Edna Holloran Inspector D Althea Phillips D Grace Ofria-pm Inspector D Phyllis Richardson � D Maxina Smith-pm Inspector D Linda Schauman D Ephraim Weiss -am Inspector . —` Precinct Nine U Clark Schuler ' Warden R Carole Scalise Clerk R Elizabeth Adam Inspector D Catherine Rego D Carole Butler Inspector D Robert Ryan R Shirley Knox Inspector U Judith Schuler R Janet Lowther Inspector U Anne Taylor-am D Edith Paster-pm Inspector U John Taylor . The election officers were sworn to the faithful performance of their duties. The polls were declared open in each precinct at seven o'clock A.M. and remained open until eight o'clock P.M., at which time, after due notice,the polls were declared closed. The total�number of registered voters in each precinct eligible to vote as of October 18, 2000 is as follows: � Precinct Registered Democrat Libertarian Republican Unenrolled Other Voters � 1 2035 822 2 312 895 4 � 2 2384 1105 1 297 975 6 � 3 2568 993 0 430 1142 3 4 2513 1046 4 365 1095 3 5 2419 933 4 488 992 2 6 2556 1061 6 430 1054 5 � 7 2289 928 0 367 989 5 � ' S 2390 926 3 416 1044 1 � � 9 2204 804 8 322 1069 1 Totals 21358 8618 28 3427 9255 30 P.1-4 Inter. 3rd Party;P.2—3 Inter. 3"d Party, 2 Green Party, 1 Reform;P.3—1 Inter. 3rd Party, 2 Socialist,- P.4— 1 Inter. 3'd Party, 2 Green Party; P.S —1 Inter. 3"d Party, 1 Reform; P.6— 1 Inter. 3'd Parly, 1 Green Party, 2 Socialist, 1 Reform;P.7— 1 Green Party, 2 Inter. 3'd Party, 1 Reform, 1 Rainbow Coalition; P.8— 1 Green Party;P.9-1 Green Party Recap sheets were delivered to the Town Clerk at the Town Office Building. 79%�of the registered voters cast their vote. The Town Clerk canvassed the results: Precinct Total Voted 1 1582 2 1929 3 1957 4 2002 I 5 1848 ! 6 2039 7 1856 8 1911 9 1676 Totals 16800 _-- --------_--_ ____ _ _ _ _ _ _---- � - - -- __ __ _ . November 7, 2000 State Election, cont.......... 3 ABSENTEE BALLOT BREAKDOWN Precinct Applications Processed Ballots Returned Ballots Ballots � In- Specially All Timely Returned Ballots Ballots House Qualified Other Total Returned Late Rejected Counted 1 31 5 92 123 104 2 � 0 104 2 74 5 103 177 167 3 0 167 3 58 4 147 205 183 7 0 183 � 4 66 1 172 238 203 5 3 200 5 61 8 119 180 166 2 1 165 6 72 3 146 218 183 6 0 183 7 57 2 118 175 156 4 0 156 �° 8 40 7 117 157 131 2 0 131 - 9 56 4 113 169 130 5 1 129 Totals 515 39 1127 1642 1423 36 5 1418 � BALLOT Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL Total Registered Voters 2035 2384 2568 2513 2419 2556 2289 2390 2204 21358 Total Votes Cast 1582 1929 1957 2002 1848 2039 1856 1911 1676 16800 Percent 78 81 76 80 76 80 81 80 76 79 Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL ELECTORS OF PRESIDENT&VICE PRESIDENT BROWNE&OLNIER 9 12 11 10 10 11 8 14 13 98 BUCHANAN&HTGGINS,SR. 2 7 4 10 3 2 4 3 1 36 BUSH&CHENEY 472 453 574 527 571 601 500 544 492 4734 GORE&LIEBERMAN 976 1260 1234 1304 1128 1293 1201 1174 1029 10599 HAGELIN&TOMPKINS 0 0 3 1 0 1 2 2 2 11 NADER&LADUKE 113 180 119 134 126 12? 131 160 127 1212 MCREYNOLDS/HOLLIS 0 0 3 1 0 0 0 0 1 5 ALL OTHERS 0 4 2 5 1 4 1 3 2 22 � BLANKS 10 13 7 10 9 5 9 11 9 83 W SENATOR IN CONGRESS � � EDWARD M KENNEDY 1148 1480 1435 1509 1314 1464 1358 1404 1193 12305 CARLA A.HOWELL 161 187 178 198 229 244 220 199 197 1813 . JAGK E.ROBINSON,III 185 149 207 200 204 196 170 185 187 1683 DALE E.FRIEDGEN 2 1 13 2 1 6 5 5 4 39 � PHII,IP HYDE,III 2 6 4 6 5 5 3 4 7 42 � PHILIP F.LAWLER 16 27 24 18 13 14 15 25 16 168 � . ALL OTHERS 2 2 2 3 0 4 0 4 3 20 � BLANKS 66 77 94 66 82 106 85 85 69 730 REPRESENTATIVE IN CONGRESS- 7`h Dis� EDWARD J MARKEY 1205 1532 1508 1580 1384 1523 1408 1441 1285 12866 ALL OTHERS 8 21 14 26 10 8 10 14 9 120 BLANKS 369 376 435 396 454 508 438 456 382 3814 COiJNCILLOR-Sixth District(1,5,6,7) � MICHAEL J. CALLAHAN 999 -: 1158 1222 1118 4497 ALL OT'HERS 1 5 4 6 �ti BLANKS 582 ' 685 8 i 3 732 2812 COiJNCILLOR- Third District (2,3,4,8.9) MARILYN M.PETITTO 1245 1247 1251 t' ' 1167 1038 5948 � DEVANEY ' BARRY T.HUTCH � 139 153 166 ;�� 164 158 780 ALL OTHERS 2 0 4 1 1 8 BLANKS _ � 543 557 581;�� =� � �, 579 479 2739 � SENATOR IN GENERAL COURT-Fourth Middlesex(1,5,6,7) ROBERT A.HAVERN tt1 1066 °�� - 1192 1274 1192� �� 4724 ILANA.FREEDMAN 244 - ' , 287 359 302 1192 ALL OTHERS 1 3 7 3 14 BLANKS 271 : 366 399 359 1395 • 4 November 7, 2000 State Election, cont.......... Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL SENATOR IN GENERAL COURT-Fifth Middlesex(2,3,4,8,9) SUSAN C.FARGO 1352 1287 . 1392' ' 1273 1118 6422 • ANDREW B.PRYOR ' 371 449 438 ' 420 388 2066 ALL OTHERS 0 0 3 1 1 5 BLANKS 206 221 169 � 217 169 982 REPRESENTATIVE IN GENERAL COURT-Fifteentli Middlesex District . JAY R:KAUFMAN 1129 1478 1440 1546 1313 1489 1372 1445 1256 12468 ALL OTHERS 12 13 11 20 13 15 9 16 8 117 BLANKS 441 438 506 436 522 535 475 450 412 4215 �--, CLERK OF COURTS i� EDWARD J. SULLNAN 998 1249 1226 1219 1168 1194 1096 1158 1028 10336 ALL OTHERS 3 2 2 10 5 3 5 2 4 36 BLANKS 581 678 729 773 675 842 755 751 644 6428 REGISTER OF DEEDS � EUGENE C.BRiJNE 974 1191 1179 1195 1133 1160 1069 1119 1011 10031 ALL OTHERS 2 5 2 8 6 3 6 3 6 41 BLANKS 606 733 776 799 709 876 781 789 659 6728 REGISTER OF PROBATE ' JOHN R. BUONOMO 664 834 771 783 730 758 714 678 620 6552 LEE JOHNSON 327 332 384 392 416 469 364 405 351 3440 DIANE POLTLOS HARPELL 225 252 342 303 267 290 307 305 274 2565 ALL OTHERS 0 0 1 4 0 0 1 1 2 9 BLANKS 366 511 459 520 435 522 470 522 429 4234 QiJESTION 1 -Earlier Redistricting yEs 1175 1482 1532 1589 1405 1664 467 1452 1289 13055. NO � 328 327 291 289 317 279 286 325 286 2728 BLANKS 79 120 134 124 126 96 103 134 101 1017 � QUESTION 2-Voting by Incarcerated Felons '�`� yEs 912 965 1039 1025 1086 111' 1006 1036 979 9161 j� NO 615 897 834 890 694 871 791 812 632 7036 BLANKS 55 67 84 87 68 55 59 63 65 603 QUESTION 3-Dog Racing yEs 906 1120 1131 1207 1055 1208 1075 1117 960 9779 � NO 626 727 739 719 731 771 722 739 667 6441 BLANKS 50 82 87 76 62 60 59 55 49 580 � QUESTION 4-Income Taz Reduction yEs 852 883 953 977 1060 1096 964 977 939 8701 NO 686 991 918 950 742 883 841 884 679 7574 BLANKS 44 55 86 75 46 60 51 50 58 525 QUESTION 5-Health Insurance&Health Care yEs 724 897 869 872 826 886 831 807 687 7399 NO 798 943 985 1033 950 1070 966 1016 914 8675 BLANKS 60 89 103 97 72 83 59 88 75 726 QIIESTION 6-Taz Credit for Tolls&Motor Vehicle Ezcise yEs 567 536 615 543 670 647 620 636 578 5412 NO 963 1332 1241 1372 1108 1321 1166 1203 1023 10729 BLANKS 52 61 101 87 70 71 70 72 75 6�� i QIIESTION 7-Taz Deduction for Charitable Contributions ' yEs 1207 1507 1482 1565 1429 1633 1465 1490 1262 13040 NO 313 347 363 351 340 334 313 347 338 3046 BLANKS 62 75 112 86 79 72 78 74 76 714 QUESTION 8-Drug Dependency Treatment&Drug-Crime Fines&Forfeitures yEs 811 1100 1045 1113 985 1114 1000 1005 880 9053 NO 698 738 795 765 769 830 769 800 711 6875 BLANKS 73 . 91 117 124 94 95 87 106 85 872 • A true copy. � )„_ Attest: �r'ri Donna M. H� oper, Town Clerk _ __ - --- _ _ _ _ _ _ __ _ _ . _. � _ _ _ _ _ _ _ 5 AMENDMENT TO STATE ELECTION of � TUESDAY,NOVEMBER 7,2000 FROM NOVEMBER 17,2000 BALLOT TALLYING RESULTS � A total of thirty-four (34) eligible ballots received by the 10�' day deadline of 5:00 p.m., November 17, 2000 for the November 7, 2000 State Election were �ounted by Mary Abegg, Connie Foster, Luanna Devenis, and Donna Hooper of the Board of Registrars at 5:00 p.m., � Friday,November 17,2000. Ten(10)of the thirty-four(34)ballots were Federal Bailots. Results of the November 7, 2000 State Election previously reported sha11 be amended by � adding the following results:. �--- Pctl Pct2 Pct3 Pct4 PctS Pct6 Pct7 Pct8 Pct9 TOTAL Federal Ballots 3 2 1 1 0 0 0 2 1 10 State Ballots 2 2 0 2 2 6 2 2 6 24 Total Ballots � 5 . 4 1 3 2 6 2 4 7 34 Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL ELECTORS OF PRESIDENT&VICE PRESIDENT BROWNE&OLIVIER 0 0 0 0 0 0 0 0 0 . 0 BUCHANAN&HIGGINS,SR. 0 0 0 0 0 0 0 0 0 0 BUSH&CHENEY 1 0 0 1 1 0 0 0 4 7 GORE&LIEBERMAN 3 4 1 2 1 5 1 4 3 24 HAGELIN&TOMPKINS 0 0 0 0 0 0 0 0 0 0 NADER&LADUKE 1 0 0 0 0 1 1 0 0 3 MCREYNOLDS/HOLLIS 0 0 0 0 0 0 0 0 0 0 ALL OTHERS 0 0 0 0 0 0 0 0 0 0 BLANKS 0 0 0 0 0 0 0 0 0 0 SENATOR IN CONGRESS EDWARD M KENNEDY 4 2 1 2 1 4 2 2 4 22 CARLA A. HOWELL 0 0 0 0 0 0 0 0 0 0 � JACK E. ROBINSON,III 1 0 0 0 1 0 0 0 0 2 i DALE E. FRIEDGEN 0 0 0 0 0 0 0 0 0 0 _�' PHILIP HYDE,III 0 0 0 0 0 0 0 0 0 0 � PI-�ILIP F. LAWLER 0 0 0 0 0 0 0 0 0 0 ALL OTHERS 0 0 0 0 0 0 0 0 0 0 . BLANKS 0 2 0 1 0 2 0 2 3 10 REPRESENTATIVE IN CONGRESS-7`h Dist . � EDWARD J MARKEY 3 2 1 2 0 4 2 2 2 18 � . ALL OTHERS 0 0 0 0 0 0 0 0 0 0 � BLANKS 2 2 0 1 2 2 0 2 5 16 . COUNCILLOR Sixth District(1,5,6,7) MICHAEL J. CALLAHAN 2 �� M�� ` 0 2 2` 6 ALL OTHERS 0��' '"� � ��" � 0 0 0". 0 � � � BLANKS 3�.,�:��.��.�`�,�'�� 2 4 0�<'. ., , .. �.. . 9 COIJNCILLOR Third District (2,3,4,8.9) MARILYN M PETITTO DEVANEY � � �� 2 1 O � � �'`�� `�' � 2 2 7 � . �� BARRY T. HLTTCH �� 0 0 0' � � ��° �� °� 0 2 2 �,��,Y� �x;��*�r��'�"�� ALL OTHERS ��;� 0 0 0��'��,��,�` 0 0 0 BLANKS ��r�� 2 0 3'�� ''�� 2 3 10 � `�� .�s:m�'� �,�x€ SENATOR IN GENERAL COURT Fourth Maddlesex(I,5,6,7) ROBERT A.HAVERN��1 2��`��" �'� ��.� 0. 2 2�� 6 ,�._� ILANA FREEDMAN p�, �'�� ' � ��° .�� 0 1 0=�� 1 � �� ; � ALL OTHERS 0��N' �� 0 0 0�x�� BLANKS 3��,�k ` � %�� 2 3 0 � �.,%... ��,,.x g ..� SENATOR IN GENERAL COURT Fifth Middlesex(2,3,4,8,9) SUSAN C. FARGO �: _��° 2 0 1�'�� 2 2 7 �� ANDREW B. PRYOR �� ,�`� 0 0 1"��,� �� 0 2 3 �, k �9; ALL OTHERS 0 0 0� _ ` ?� � 0 0 0 BLANKS Pt�ux . 2 1 1` p 3 �� ,�, . 2 3 9 • 6 - Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct b Pct 7 Pct 8 Pct 9 TOTAL REPRESENTATIVE IN GENERAL COURT Fifteenth Middlesex District- JAY R. KAUFMAN 2 1 0 1 0 4 2 2 2 4 ALL OTHERS 0 0 0 0 0 0 0 0 0 0. BLANKS 3 3 1 2 2 2 0 2 5 20 CLERK OF COURTS � EDWARD J. SULLIVAN 2 2 0 1 0 2 2 1 2 12 ALL OTHERS 0 0 0 0 0 0 0 0 0 0 BLANKS 3 2 1 2 2 4 0 3 5 22 REGISTER OF DEEDS EUGENE C.BRLJNE 2 2 0 1 0 ". 2 2 2 13 � ALL OTI�RS 0 0 0 0 0 0 0 0 0 0 ' BLANKS 3 2 1 2 2 4 0 2 5 21 �,--J REGISTER OF PROBATE JOHN R. BUONOMO 1 , 2 0 1 0 0 1 1 1 7 LEE JOHNSON 1 0 0 1 1 2 0 0 0 . 5 DIANE POULOS HARPELL 0 0 0 0 0 0 1 0 1 2 ALL OTHERS 0 0 0 0 0 0 0 0 0 0 BLANKS 3 2 1 1 1 4 0 3 5 20 QUESTION 1 -Earlier Redistricting YES 2 1 0 2 1 3 2 2 3 16 NO 0 0 0 0 0 1 0 0 2 3 BLANKS 3 3 1 1 1 2 0 2 2 15 QUESTION 2-Voting by Incarcerated Felons YES 1 0 0 1 1 1 0 1 2 7 NO 1 1 0 1 0 2 2 1 3 11 BLANKS 3 3 1 1 1 3 0 2 2 16 QUESTION 3-Dog Racing � YES 1 1 0 2 1 L 2 2 4 15 r� NO 1 0 0 0 0 • 1 0 0 1 3 BLANKS 3 3 1 1 1 3 0 2 2 16 '..r.� QUESTION 4-Income Tax Reduction YES 1 1 0 2 1 2 1 1 2 11 NO 0 0 0 0 0 1 1 0 1 3 � BLANKS 4 3 1 1 1 3 0 3 4 20 � ' QUESTION 5-Health Insurance&Health Care � � � YES 1 1 0 2 0 3 2 0 2 11 NO 0 0 0 0 1 1 0 1 1 4 BLANKS 4 3 1 1 1 2 0 3 4 19 QUESTION 6-Tax Credit for Tolls&Motor Vehicle Excise YES 1 0 0 2 1 1 0 1 1 7 NO 0 1 0 0 0 2 2 1 2 8 BLANKS 4 3 1 1 1 3 0 2 4 19 QUESTION 7-Tax Deduction for Charitable Contributions YES 1 0 0 2 1 4 2 2 3 15 NO 0 1 0 0 0 0 0 0 0 1 BLANKS 4 3 1 1 1 2 0 2 4 18 --, QUESTION 8-Drug Dependency Treatment&Drug-Crime Fines&Forfeitures I YES 1 1 0 2 0 3 2 1 3 13 ',_, NO 0 0 0 0 1 1 0 1 0 3 BLANKS 4 3 1 1 1 2 0 2 4 18 I certify that all overseas ballots cast for candidates in the state election held November 7,2000 have been counted and recorded in accordance with the law,and that the above return of votes is correct. A true copy. �� . Attest: �� , ~Donna M. Hooper,Town lerk _ _--- __ _ _ _ _ __ _ _ __. _ _ � . . 7 COMMONWEALTH OF MASSACHUSETTS Middlesex,ss SUPERIOR COURT C.A.No. � r ----------------------------------- ; • In re: Town of Lexington ----------------------------------- ORDER It has been represented to the Court that an extraordinary snowstorm is predicted for March 5,2001,and that this storm will make it extremely doubtful whether the Town of Lexington will be able to provide adequate access to the polls for the local election scheduled for March 5,2001. T'herefore,I hereby authorize the Town to postpone said election until March 19,2001 provided that a new Warrant is properly signed and posted at least seven(7)days in advance. Absentee ballots received by the Town Clerk on or before March ,2001,shall be processed and counted for the postponed election. /s/S.Jane Hae�ertv Justice of the Superior Court Dated: March 5,2001 A TRUE COPY ATTEST: ��'{/YLfi�- - � ' • Donna M.Hooper,Town Clerk � i V . WARRANT FOR TOWN ELECTION — (SEE WARRANT FILE) � TOWN ELECTION — MONDAY, MARCH 19, 2001 Due to the extraordinary spring snowstorm of March 5, 2001 and Superior Court order authorizing postponement of the Annual Town Election, In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Monday, March 19, 2001 at 7:00 a.m. .-_, . � The following places were designated as the voting places for the various precincts: Precinct One, Harrington School; Precinct Two, Bowman School; Precinct Three, Jonas Clarke Middle School; Precinct Four, Bridge School; Precinct Five, Fiske School; Precinct Six, William Diamond Middle School; Precinct Seven, Joseph Estabrook School; Precinct Eight, Central Fire Station; Precinct Nine, Maria Hastings School The election officers and Wardens of the various precincts were assigned for duty as follows: Precinct One Precinct Two R Robert N. Foster Warden U Dorothy Bond D Margaret Blouin Clerk U/D Clifford Pehrson/Ruth Thomas(PM) D Robert Blouin Inspector D Donna Alexson (AM) D Arline Burns (AM) Inspector D Jeannette Cerulli U Bessie Ezekiel (AM) Inspector D Rebecca Fagan (PM) D Catherine Hooper(PM) Inspector D Jane Gharibian D Eileen McAlduff(PM) Inspector D Lillian MacArthur(PM) U James Nicoloro(AM) Inspector D George McCormack U Doris Pemberton Inspector U Marjorie McNicholas U Richard Pemberton (PM) Inspector U Martha Shurtleff Inspector Precinct Three Precinct Four D Marjorie Modoono Warden D Gulli Kula U Alice Hopkins Clerk R Richard Crawford � D Rita Casey Inspector U Beverly Aker I U Marcia Flint Inspector R Doris Berkstresser D William Hooper(PM) Inspector U Mary Devoe � D MaryAnn McKenna (AM) Inspector R Raymond Flynn (AM) � D Elizabeth McLaughlin Inspector U Elizabeth Fleming (AM) D Elizabeth Patrician (AM) Inspector R Marilyn Ford � D Robert Tracey Inspector F2 . Dana Regillo D Laura Welby (PM) Inspector U Eleanor Smith � ' Precinct Five Precinct Six � � � D Eric Kula Warden U David Kanter U Grace Ayers Clerk D Mary Casey � D Henry Beerman (AM) Inspector R Shirley Bullock � U Faith Fenske Inspector U Francis Coscia (AM) R Dorothy Gauthier Inspector U Alla Fedus U Ralph McDewell Inspector R Nicholas Hay D Lucy Simeone Inspector R Barbara Simmons lJ Alice Stringos Inspector R Burton Smith . D Priscilla Winter Inspector Precinct Seven Precinct Eiqht D Ephraim Weiss Warden U Leo Chudigian U Bernice Gerrig Clerk R Judith Chudigiara D Mary Ayvazian Inspector U Claire Abemathy ; � R Isabelle Bennett Inspector R Doris Barclay ! f D Mildred Collentro Inspector R Elinor Bettencourt -J D Francine Edwards (AM) Inspector U Rita Cassettari (PM) . D H. Charlotte Ford (AM) Inspector D Hazel Graham . D Edna Holloran Inspector U Kenneth MacWilliams U Sylvia Haroules (PM) Inspector D Catherine Rego D Muriel Taylor(PM) Inspector � _ __ _ __ ._ _ _ _ _-- --- ____ __ _ - - ___ _- _ __ ___ _ � _ __ _ 9 Town Election March 19, 2001 Precinct Nine U Clark Schuler Warden R Carole Scalise Clerk . U Carole Butler Inspector D Edith Paster(PM) R Robert Edwards Inspector D Robert Ryan R Shirley Knox Inspector U Judith Schuler R Janet Lowther Inspector U Anne Taylor(AM) � The election officers were sworn to the faithful performance of their duties. i The polls were declared open in each precinct at seven o'clock A.M. and remained open �__' until eight o'clock P.M., at which time, after due notice, the polls were declared closed. Total number of registered voters eligible to vote as of February 14, 2001: Precinct Registered Democrat Libertarian Republican Unenrolled Other Voters 1 1963 786 2 303 868 4 . 2 2312 1072 1 286 947 6 ' 3 2485 970 404 1108 3 4 2482 1047 3 352 1078 2 5 2339 905 3 468 961 2 6 2496 1032 7 417 1036 4 7 2228 904 351 968 5 8 2334 916 3 402 1012 1 9 2134 783 9 315 1026 1 Totals 20773 8415 28 3298 9004 28 P.1- 4 /nter. Party; P.2— 2 Green Party, 3 Inter. Party, 1 Reform; P.3— 1 Inter. Party, 2 Socialist,•P.4—1 Green Party, 1/nter. 3'd Party,•P.5—1 Inter. 3'd Party, 1 Reform; P.6— 2 Socialist, 1 Reform, 1 Green Party,•P.7— 1 Green Party USA, 2/nter. 3`d Party, 1 Reform, 1 Rainbow Coalition;P.8—1 Green Party USA;. P.9— 1 Green Party �� Election results were delivered to the Town Clerk at the Town Office Building. L..- � 35% of the registered voters cast their vote. The Town Clerk and Board of Registrars canvassed the results as follows: ABSENTEE BALLOT BREAKDOWN � Ballots Ballots Applications Timely Returned Ballots Pct Processed Returned Late Counted . 1 39 36 36 � . 2 70 70 70 � 3 64 61 61 4 94 92 g2 . 5 78 73 73 6 108 102 2 102 7 74 67 1 67 8 76 73 73 9 65 61 61 � Totals 668" 635 3 635 "Total ballots processed include ballot requests received from March 5 through March 16, 2001. �� L__ 10 Town Election March 19, 2001 TOWNWIDE OFFICES � Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL Total Registered Voters 1963 2312 2485 2482 2339 2496 2228 2334 2134 20773 Totai Votes 625 821 793 895 757 971 795 925 648 7233 Percent Voting 32 36 32 36 32 39 36 40 30 35 Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL SELECTMAN (TWO.for 3 Years) ,r � *JEANNE K. KRIEGER 245 453 436 527 359 546 472 476 284 3798 � LORRAINE M. FOURNIER 149 141 160 'i53 193 190 127 209 195 1517 *LEO P. MCSWEENEY 398 423 383 370 415 471 364 492 394 3710 JUDITH J. UHRIG 231 419 396 518 336 516 434 448 263 3561 ALL OTHERS 9 2 1 3 3 4 3 2 4 31 Bob Hutchinson 1 1 Carol Bukys 1 1 Catherine Abbott 1 1 David Mullen 1 1 Donald McCarthy 1 1 James Barry 1 1 Joyce Murphy 1 1 Jon Levangie 1 1 Kenneth Hintlian 2 1 1 2 1 1 . 8 Mark Maguire 1 1 Paul Meehan 1 1 Paul Wentzel 1 1 Perry Pollins 1 1 Robert Harvey 1 1 Robert Phelan 1 1 Rodney Cole 1 1 Steve Pressman 1 1 Stephen Cole 2 1 3 �---� i Stephen Tripi 1 1 2 I Tony Close 1 1 � � BLANKS 218 204 210 219 208 215 190 229 156 1849 . � "e/ected for three years � Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL . MODERATOR(ONE for 1 Year) . � *MARGERY M. BATTIN 353 526 495 572 443 642 506 585 419 4541 � • ALL OTHERS 2 1 6 3 2 2 4 1 7 28 �. " . Brent Coffin 1 '! Dave Needham 1 1 ' Denise Aronson 1 1 " Dennis O'Connor 1 1 2 G.Amichetti 1 1 J.Spidle 1 7 James Cosgrove 1 1 Janet Almeida 1 1 Jeff Barsoian 1 1 John Carrol9 1 1 Lawrence Carroll 1 1 Nick Santosuosso 1 1 Paul Drury 1 1 Perry Pollins 1 1 2 I Peter Mirabella 2 2 j � Robert Drainoni 1 1 � Rodney Cole 1 1 Tom(Todd)Cataldo 2 2 William Dailey 1 1 � William Simmons 1 1 BLANKS 270 294 292 320 312 327 285 342 222 2664 *elected for one year ___ _ _ ___- _ __ _ . __ � _ _ __ _ 11 Town Election March 19, 2001 Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL SCHOOL COMMITTEE(TWO for 3 Years) "`ANTHONY B. CLOSE 299 489 457 575 412 612 519 567 382 4312 "SHERRY L. GORDON 289 506 489 574 407 621 510 545 331 4372 PERRY POLLINS 195 184 173 190 255 234 155 235 178 1799 STEPHEN J. TRIPI 234 221 207 203 264 237 188 264 221 2039 ALL OTH,ERS 5 1 1 3 1 5 2 18 Dan Busa 1 1 , Dana Wendel � � � i Fred Peterson 1 � Fred Rosenberg 1 � G.Glick � � Kostorizos 1 � Len Morse Fortier � � Marilyn Rae Beyer , 1 1 Steve Pressman � � BLANKS 228 241 259 245 176 237 213 243 184 2026 'elected for three years Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL PLANNING BOARD(ONE for 5 Years) *THOMAS M. HARDEN 325 453 422 494 401 552 409 565 370 3991 ALL OTHERS 1 10 7 4 1 6 8 7 44 Charles Homig � � David Williams � � Diana Garcia 2 2 Eric Imhof � � George Gamota 1 1 Harold Laye 1 1 James Cosgrove 1 � John Carroll � � .�' Judith Sheehy � � Kenneth Norland � � L - Len Morse Fortier � � . Michael D.Barg � � � Nancy Kackley 1 1 Paul Drury ' 1 � Perry Pollins � � 2 Peter Mirabella � � 2 Robert Cohen 1 1 2 . Rodney Cole Ronald Colwell 7 1 � Scott Healy � � Scott Klebe � � , Stephen Tripi � � 2 Teresa Cader � � Tom(Todd)Cataldo 2 2 Tom Ryan � � BLANKS 299 368 361 394 352 418 380 355 271 3198 *elected for five years Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL PLANNING BOARD(ONE for 3 Years) *SARA B. CHASE 310 449 490 497 392 541 395 510 369 3953 ALL OTHERS 4 1 3 8 Connie Gregg � � Warren Chase � � John Cosgrove � � Paul Drury � � Peter C.J.Kelley 2 2 Robert Cohen � � Stephen Tripi 1 1 BLANKS 315 372 303 394 365 429 400 418 276 3272 "elected for three years 12 Town Election March 19, 2001 Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL LEXINGTON HOUSING AUTHORITY (ONE for 5 Years) *NICHOLAS SANTOSUOSSO 377 480 420 529 448 566 432 526 393 4171 ALL OTHERS 1 3 2 1 1 1 4 13 Dave Lager 1 1 Donna Hooper 1 1 J.Earl Chisholm 1 � Jeff Barsoian 1 9 Ken Reich 1 1 � Kenneth Norland 1 1 Paul Drury 1 1 Paulina Coffin 1 1 Perry Potlins 1 1 Robin Tartaglia 1 7 S.Tripi 1 1 Scott Healy 1 1 BLANKS 247 341 370 364 308 404 362 402 251 3049 "'elected for five years TOWN MEETING Precinct 1 Total Total (Seven for 3 years;One for 1 year) Votes Votes "JOHN P. BREEN 283 *'`CAROL BUKYS 31 "JONATHAN G. COLE 318 DIANE GELTSIN 10 *ERIC JAY MICHELSON 327 TEMPLE GOODHUE 9 *BARRY E. SAMPSON 291 MICHELLE ABRAMSON 5 *CAROL J. SAMPSON 301 All Others 42 *LILLIAN T. MACARTHUR 295 '`STEPHEN D. COLE, JR. 80 BLANKS 3008 ' Alan M.Binder 1 Loretta Moresco 1 Ann Chai4 1 Marcus Pinney 1 ---, Charles Kelly 1 Norma Floyd 1 I Cynthia Skier 1 Paul Kelley 2 J David Bell 1 Paul Meehan 2 ' Deborah Soule 3 Peter M.Cole 3 Diane Pursley 2 Richard Spillane 1 Jean Barrett 1 Sharon Avakian 2 Jim Nicoloro 1 Tim Hill 1 John Mader 3 William Ba�rett 1 � '`elected for 3 years "*elected for 1 year Precinct 2 Total Total (Seven for 3 years) Votes Votes � *THOMAS R. DIAZ 338 EFtIC J. AUSTIN 268 *KAREN A. DOOKS 361 *JAMES L. AVERY 325 *MYLA KABAT-ZINN 408 ROBERT WARSHAWER 2 *ANDREW MCALEER 425 All Others 10 '`DAVID RUDNER 375 *BARRY ORENSTEIN 397 BLANKS 2838 Bill Sweeney 1 Laura Swain 1 Christine Maestri 1 Laura Tully 1 Gene Luongo 1 Marita Flartshorn 1 Jamie Katz 1 Robert Schneider 1 Joe Walsh 1 �� *elected for 3 years Precinct 3 Total Total (Seven for 3 years;One for 2 years) Votes Votes *NANCY M. CANNALONGA 375 *ROBERT A. BOWYER 279 ' ROBERT N. COHEN 268 '`SARA B. CHASE 376 SHIRLEY RAUSON FRAWLEY 264 *SHERRY L. GORDON 363 V. ARTHUR KATZ 267 "PATRICK R. MEHR �17 *'MARJORIE K. MADOFF 270 '`LOREN WOOD 324 MARILYN K. MAIRSON 245 All Others 17 *MARY E. NEUMEIER 279 BLANKS 2700 D.Robinsora 2 P.Johnson 1 � Jeff.Boehrn • 1 R.Drainoni 1 McNabb . 1 S.Miranda 1 _ N.Kackley 1 Sean Kelly 1 *elected for 3 years *"elected for 2 years _ _--- __- -___ -__ _ _ _ __ � _ - - _ _ ___ _ ____ _ _ _ _- - -- 13 Town Election March 19, 2001 Precinct 4 Total Total . ($even for 3 years) Votes Votes "NYLES NATHAN BARNERT 324 LISA A. BACI 274 *SCOTT F. BURSON 357 *GEORGIA S. GLICK . 343 JOHN L. DAVIES 293 "CHARLES W. LAMB 358 ' KENNETH A. REICH 240 *JOHN S. ROSENBERG 334 *SANDRA J. SHAW 340 CHARLES E. NOBLE 111 2 RUTH S. THOMAS 231 All Others 10 *JUDITH J. UHRIG 524 BLANKS 2635 Bob Katz . 1 Joyce Murphy 1 ' Charles E.Noble III 2 Michael Cassatari 1 _' Ed Natale 1 R.Foley 1 Frederick DeAngelis 1 Tom(Todd)Cataldo 1 Jeffrey Collins 1 William Ford 1 "elected for 3 years Precinct 5 Total Total (Seven for 3 years) Votes � Votes "IRA W. CROWE 322 *CHARLES T. VAIL 307 • 'IRENE M. DONDLEY 349 JOHN W. FREY 293 '`ANDREW J. FRIEDLICH 339 *M. MASHA TRABER 329 *PAUL E. HAMBURGER 333 All Others 12 *CAROL A. LIFF 334 PERRY POLLINS 256 BLANKS 2425 Adele Mildred Koss 1 Elizabeth Frank 1 Barry Elkin 1 Peter Mirabella 1 Carol DiGianni � *elected for 3 years Precinct 6 Total Total (Seven for 3 years;One for 1 year) Votes Votes MARK V. ANDERSEN 332 MARIANNE BOSWELL 237 '`FLORENCE A. BATURIN 420 '`PETER D. COHEN 453 ``- '`PAUL CHERNICK 403 PETER DIAMOND 318 "ANTHONY G. GALAITSIS 494 ""DANA Z. WENDEL 334 *ALAN J. LAZARUS 444 ARTHUR E. SOTAK 3 *MARTIN LONG 346 All Others 5 � *FRAN K SAN DY 429 . WILLIAM B. SIMMONS 294 BLANKS . 3256 � Bigelow Moore 1 • . R.Waldron 1 � . *elected for 3 years **elected for 1 year Precinct 7 Total Total � (Seven for 3 years;One for 1 year) Votes Votes *NEAL E. BOYLE, JR. 312 . '`MARGARET L COUNTS-KLEBE 330 *GEORGE A. BURNELL 373 KARL P. KASTORF 255 'DAVID G. KANTER 346 *`PHILIP MORSE-FORTIER 283 "DAVID G. MILLER 381 'JANE A. TRUDEAU 470 *JOYCE A. MILLER 394 All Others 4 BLANKS 3212 Audrey Friend 1 Michael D.Barg � John Palfreman 1 Shirley Farias 1 j *elected for 3 years "*ele.cted for 1 year Precinct 8 Total Total • (Seven for 3 years) Votes Votes *ELIZABETH J. BRYANT 400 '`THOMAS M. HARDEN 377 ''JOHN T. CUNHA 410 PHYLLIS RAND 322 *DIANA T. GARCIA 475 MICHAEL SACCO 274 *ALAN MAYER LEVINE 455 RICHARD M. VALLIERE 206 ''JAMES A. OSTEN 336 �All Others 4 *ROBERT V. WHITMAN 394 . LORRAINE M. FOURf�IER 296 BLANKS 2547 Charles Hornig 1 Steven Hurley 1 '`elected for 3 years 14 Town Election March 19, 2001 Precinct 9 Total Total • (Seven for 3 years) Votes Votes "ANTHONY B. CLOSE 388 *RODNEY COLE 35 - "MARGARET E. COPPE 365 CHRISTOPHER P. BUSA 23 '`THOMAS O. FENN 376 FRANCINE STEIGLIZ 17 ' *WILLIAM P. KENNEDY 350 MARGARET WADE 11 "'HENRY NORMAN MANZ 298 JEFFREY WADE 11 *DORRIS P. TRAFICANTE 292 All Others 23 BLANKS 2340 Chen Ho . 1 John Lapointe 1 �I Elizabeth Eddison 1 Kathleen Beach 1 ' � Harvey Fisher 1 Maria Constantinides 1 �� James Cosgrove 1 Paul A.Looney 3 John Federici 1 Philip Jackson 1 John Lahiff 1 Salvatore Pace 1 *elected for 3 years � A true copy. � �,�,��. Attest: Donna M. Hooper, Town lerk Margaret F. Rawls, 9 Winthrop Road, resigned as a Town Meeting Member from Precinct 4 effective March 21, 200I. John L. Davies, 18 Prospect Hill Rd. ; received the highest number of votes as a de=eated caYrdidate for Town Meeting from Precinct Four at the Annual Town Election held March 19, 2001. As of March 23, 20t�1 Mr. Davies' acceptance of the position of Town Meeting Member; Precinct Four, to fill ---, the vacancy caused by the resignation of Margaret F. Rawls, 9 Winthrop Rd. , has been filed with the Town Clerk. This term will expire March, 2002. Leo P. McSweeney, 435 Lincoln St. , resigned as a Town Meeting Member from Precinct Nine effective March 20, 20G1. �ls Mr. McSweeney was elected to the Board of Selectmen at the Annual Town El:ection held March I9, 2001., he is riow a Town Meetiiig �ember at Large in accordance with Chapter 215, • Section 3 of the Acts of 1929. � ' � Christopher P. Busa, 21 Ewell Ave, received the highest number of votes '. � . as a defeated write-in candidate for Town Meeting from Precinct Nine at the Annual Town Election held March 19, 2001. As of March 26, 2001 � Mr. Busa's acceptance of the position of Town Meeting Member, Precinct Nine, � to fill the vacancy caused by the resignation of Leo P. McSweeney, 435 Lincoln St. , has been filed with the Town Clerk. This term will expire March, 2002. �--� � .�J ----- - _. _ - --_ _ __ - � ___ __ _. _ _ __ ____ _ __ __ 15 2001 ANNUAL TOWN MEETING . March 26,2001 The first session of the 2001 Annual Town Meeting was called to order b}� i��oderator Margery M. Battin, at 8:05 p.m., in the Museum of Our National Heritage Auditorium, 33 Marrett Road. A quorum of 176 members was present. � 8:05 p.m. The invocation was offered by Reverend Gay Godfrey, Hancock Church. The Moderator honored the passing of Fire Chief John F. "Jack" Quinlan, and deceased ' Town Meeting, Board, or Committee members Carol Batstone, Raymond Culler, Nancy _� Gordon and Austin Fisher for their dedicated service to the Town of Lexington. 8:10 p.m. The Moderator extended thanks to the Museum of Our National Heritage for generously offering the facility for the Annual Town Meeting,and introduced John H. Ott, Executive Director, for welcoming comments. The Town Clerk, Donna M. Hooper, read the Warrant for the Meeting until waived. The Town Clerk read the Constable's Return of the Warrant. 8:15 p.m. The Moderator reviewed procedural matters and explained anticipated Article order, with Article 15 to be postponed until May 14, and the scheduling of Article 26 to a time certain, for the Retirement Board to schedule attendance by the Actuary. Standing votes are to be tallied by precinct clerks,with Mr. Pawliczek reporting votes for At-Large members. 8:27 p.m. The Moderator declazed the meeting open under Article 2 and reminded members that the Article would remain open throughout the meeting , , ARTICLE 2: REPORTS OF COMMITTEES � 8:21 p.m. Selectman Jeanne Krieger moved that the Report of the Cary Lecture Series be Accepted and Placed on File and that the committee be discharged. _ . Cary Lecture Series member Arthur Katz presented a.brief overview of past activities,the - programs presented,extending appreciation to the Museum of Our National Heritage � ' and Hancock Church for hosting programs over the past year. 8:29 p.m. Following a unanimous voice vote,the Moderator declared the report � Accepted and Placed on File and the Committee Discharged. 8:30 p.m. Selectman Jeanne Krieger moved that the Report of the Town Manager be Accepted and Placed on File and requested the Moderator recognize Town Manager Richard White. 8:31 p.m. Mr. White presented a FY2002 budget summary and information on the Pay As You Throw(PAYT)trash disposal program. 8:49 p.m. Following a unanimous voice vote,the Moderator declared the Report of ; the Town Manager Accepted and Placed on File. � 8:50 p.m. Paul Hamburger, pr.5, moved that the Report of the Appropriation . Committee be Accepted and Placed on File. Mr. Hamburger presented the Appropriation Committee's Majority Report. 9:07 p.m. Alan Levine,pr.8, presented the Appropriation Committee's Minority Report opposing the Committee's revenue neutral position. 9:10 p.m. Following a unanimous voice vote,the Moderator declared the Report of the Appropriation Committee Accepted and Placed on File. 16 2001 Annual Town Meeting—March 26, 2001 9:12 p.m. The Moderator declared the Consent Calendar before the Meeting and explained requested action would be for the Meeting to act on the Consent Calendar, comprised of articles 6, 7, 9, 16, 24, 28, 30, 31 and 32 which have been viewed to be routine�r��n-controversial. However, should at least 5 persons be in favor of removing any artici::s from the Consent Calendar the articles would be so removed and acted upon in the ordinary course of business at this Town Meeting. � CONSENT CALENDAR MOTION: That the 2001 Annual town Meeting advance for consideration Articles 6, 7, 9, 16, 24, 28, 30, 31, and 32, and take action ..—.� witliout debate on any such Articles,provided that upon the request of five ' � � town meeting members, made before the vote is taken on this motion, an .__1 Article shall be deleted from the Consent Calendar and sha11 be acted upon in the ordinary course of business at this Town Meeting. 9:12 p.m. Richard Michelson, pr.8,proposed removal of Article 31 from the Consent Calendar. With at least 5 persons favoring removal,the Moderator declared Article 31 removed from the Consent Calendar. 9:13 p.m. Fred Rosenberg, pr.9,proposed removal of Articles 28, 30 and 32 from the Consent Calendar. With at least 5 persons favoring removal,the Moderator declared Articles 28, 30, and 32 removed from the Consent Agenda. ARTICLE 6: PRIOR YEAR'S UNPAID BILLS MOTION: That this article be INDEFINITELY POSTPONED. ARTICLE 7: SUPPLEMENTARY APPROPRIATIONS FOR AUTHORIZED CAPITAL IMPROVEMENT PROJECTS —� MOTION: That this article be INDEFINITELY POSTPONED. ' I J � ARTICLE 9: SEWER SYSTEM REHAB PROGRAM MOTION: That this article be INDEFINITELY POSTPONED. � ARTICLE 16a RESCIND UNUSED BORROWING AUTHORITY � � � MOTION: That the unused borrowing authorizations voted under Article . 7 of the Warrant for the 1998 Annual Town Meeting, Article 12 of the � Warrant for the 1997 Annual Town Meeting and Article 13 of the Warrant for the 1996 Annual Town Meeting are hereby rescinded. Article 24: LAND ACQUISITION _ MOTION: That the Selectmen be and they hereby are authorized to acquire by eminent domain the land shown as Lot A on a plan recorded in the Middlesex South Registry of Deeds, Book 7800, Page 27, said land to be used as it is currently for an entrance to the Harrington School from Lowell Street. ' � .� 9:14 p.m. �ollowing a unanimous voice vote, the Moderator declared ADOPTION . of the Consent Calendar comprised of Articles 6, 7, 9, 16 and 24. 9:15 p.m. Paul Hamburger served NOTICE OF RECQNSIDERATION on the Consent Calendar, Articles 6, 7, 9, 16 and 24. --—____ _----_ ___ _ _ __ _ _ r _ -____ _ - _ __ _ __ __ ___-- —____ 17 2001 Annual Town Meeting—March 26, 2001 ARTICLE 3: APPOINTMENTS TO CARY LECTURE SERIES 9:16 p.m. Presented by Selectman Jeanne Krieger. , 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. 9:16 p.m. Following a unanimous voice vote,the Moderator declazed the motion ADOPTED. i . � _� 9:05 p.m. The Moderator declared the meeting open under ARTICLE 4 and explained that she would be reading the budget, line item by line item. 9:17 p.m. The Moderator declazed Article 4 now before the Meeting. ARTICLE 4: OPERATING BUDGET 9:17 p.m. Presented by Selectman Jeanne Krieger. MOTION: That the following amounts be appropriated for the ensuing fiscal year and be raised in the tax levy except where a transfer is indicated they shall be � provided by such a transfer. Education 1100 Lexington Public Schools $57,994,812 (And further that the School Department is authorized to enter into equipment lease/purchase agreements from time to time provided that each such agreement is subject to annual appropriations.) 9:18 p.m. The Moderator recognized School Committee Chairman Robin DiGiammarino for brief comments on line item 1100. Ms. DiGiammarino then requested the Moderator recognize Interim i Superintendent Joanne Benton for an explanation on budget items for ` �_ FY2002. 9:32 p.m. Ephraim Weiss,pr.5, questioned building maintenance appropriations and expenditures. Chairman Robin . DiGiammarino requested the Moderator recognize Business � & Finance Directar Susan Bottan for response. � � � 1200 Minuteman Regional School 787,116 - 9:33 p.m. Minuteman Regional School Committee Jane Pagett,pr.6, explained requested funding and recommended approval. Employee Benefits 2110 Contributory Retirement 2,635,674 (Of which$65,762 is to be transferred from the Water Enterprise Fund and $16,441 is to be transferred from the Sewer Enterprise Fund.) 2120 Non-Contributory Retirement 123,000 . 2130- Insurance 4,120,317 2150 (Of which$93,883 is to be transferred from the Water Enterprise Fund, � $20,943 is to be transferred from the Sewer Enterprise Fund and$20,222 �- is to be transferred from the Recreation Enterprise Fund.) (and further that amounts appropriated in this article for employee health and life . insurance shall be transferred to this account to fund cost items(a) included in collective bazgaining agreements reached between the Town and employee organizations and(b)resulting from such agreements as they bear on the Town employee compensation plan.) Debt Service 2210 Payment on�unded Debt 3,105,000 � 2220 Interest on Funded Debt 406,066 2230 Temporary Borrowing 329,500 2240 Exempt Debt 1,708,200 1 � 2001 Annual Town Meeting—March 26, 2001 Operating Articles 2310 Reserve Fund 150,000 2320 Municipal Salary Adjustments 402,667 (Such sum of$402,667 is appropriated to fund cost items resulting frc�m (a)collective bargaining agreements and(b) as they bear ori the Town employee wage and salary plan. The amount voted is to be distributed among personal services accounts as authorized by the Board of Selectmen.) (Of which$11,535 is to be transferred from the Water Enterprise Fund and .—,� $5,242 is to�be transferred from the Sewer Enterprise Fund.) ' � . ,J Or�anizational Expenses 2410 Municipal Services&Expenses Personal Services 69,900 2410 Municipal Services& Expenses 97,400 Communitv Services 3000 DPW Personal Services 3,005,287 (Of which$249,428 is to be transferred from the Water Enterprise Fund, $226,548 is to be transferred from the Sewer Enterprise Fund, $59,904 is to be transferred from the Parking Meter Fund, $100,000 is to be � transferred from the Cemetery Trust Funds and $75,000 is to be transferred from the Recreation Enterprise Fund.) 3000 DPW General Expenses 3,778,187 (Of which$205,271 is to be transferred from the Water Enterprise Fund, $118,313 is to be transferred from the Sewer Enterprise Fund, and$47,970 is to be transferred from the Parking Meter Fund; and provided further that the Town Manager may enter into an agreement or agreements with one or more governmental units to perform jointly with such units any service, activity or undertaking authorized by law.) _ (In which a PAYT Program will be implemented for refuse disposal services, provided that at least$747,000 of the revenues generated from the PAYT Program shall be used to reduce the tax rate below the levy � limit.) (And further that the Town Manager is authorized to enter into communications � equipment agreements, equipment lease/purchase agreements from time to time provided that each such agreement is subject to annual appropriations.) � (And in addition that$50,000 of expenses for the sale of burial containers � � and biodegradable bags be funded by the receipt of$50,000 in anticipated � � revenues, and that the surplus from FY2000 in the amount of$14,321.00 . may be closed to the General Fund.) (And in addition State/Federal Grants, site generated revenue and/or refuse stabilization funds as permitted under existing agreements may be used to meet Division of Environmental Protection guidelines at the Hartwell Avenue landfill site.) (And to permit the Town to enter into agreements with either private or public entities in order to enhance public services, increase revenue, improve efficiency, or save money to the benefit of the Town.) 9:47 p.m. Selectman Jeanne Krieger made brief comments on the proposed PAYT refuse disposal program,reported the support of the majority of the Selectmen,and 1 demonstrated recycling and disposal options. ' i J 10:00 p.m. PAYT Advisory Committee member David Kanter,pr.7, spoke in support. 10:08 p.m. Board of Health Chairman Martha Wood, pr.7, spoke in support of the PAYT concept. , . 10:09 p.m. Marianne Lazarus,pr.6,recommend the Selectmen commit to review any PAYT program after 6 months of operation. 10:10 p.m. Selectman Jeanne Krieger expressed the Selectmen's interest in a formal review within 6 months. _- --__ ___ ____ ___ _ _ ___ _ T .__ _--- __ _ _ __ . _ ___ __ ___ 19 2001 Annual Town Meeting-March 26, 2001 10:11 p.m. Paul Lapointe,pr.2, spoke in favor: . 10:15 p.m. Selectman Dawn McKenna spoke in opposition to PAYT. . 10:21 p.m. Jed Snyder,pr.5, questioned program enhancements. Selectman Krieger explained the need for enhancements and cost savings from PAYT that will fund the enhancements. 10:22 p.m. Jed Snyder questioned savings on reduced tipping fees and how the PAYT would be policed,particulazly regarding public dumping. i � _' ' 10:25 p.m. Selectman Krieger requested the Moderator reco nize John Andrews g of the PAYT Advisory Committee to address the Meeting. Mr. Andrews responded to Mr. Snyder's questions. 10:27 p.m. Jed Snyder questioned if those not following the rules would be fined. Selectman Krieger explained there would be no fines but that trash collection at residences of violators would be impacted. 10:27 p.m. Patrick Mehr,pr.3, questioned collection of large, bulky items and percentage of services provided to taxpayers within the tax levy vs. separate fees. Selectman Krieger estimated the volume of bulky items to be sma11. 10:30 p.m. Town Manager Richard White explained municipalities are limited to charging for only the cost of services. 10:31 p.m. Loren Wood, pr.3, spoke in favor of recycling but in opposition to PAYT fees and opined the tags to be overpriced. . 10:31 p.m. Marjorie Daggett, pr.6, spoke in favor of PAYT on behalf of the League of Women Voters. � � 10:33 p.m. David Kaufinan,pr.6,questioned the number of tags and bag weight. Selectman Jeanne Krieger requested the Moderator recognize Paul � Chernick, pr.6, of the PAYT Advisory Committee. Mr. Chernick explained the concept behind the proposed 30-1b. weight limit and � number of bags included within tax levy. � 10:36 p.m. Marina Smith, pr.4, spoke in opposition. 10:38 p.m. Joyce Miller, pr.7, reported the Conservation Commission strongly � endorsed the goals of PAYT. 10:39 p.m. Jane Pagett,pr.6, spoke in opposition. 10:40 p.m. Alan Wrigley,pr.7, questioned the process by which to vote "no". 10:40 p.m. Philip Morse-Fortier,pr.7, spoke in favor. 10:41 p.m. Fred Rosenberg,pr.9,moved adjournment to Wednesday,March 28, 2001. I 10:41 p.m. Following a voice vote the Moderator declared the motion ADOPTED j and the meeting adjourned until 8:00 p.m., Wednesday, March 28, � 2001, Museum of Our National Heritage Auditorium. A true copy. Attest: �� Donna M. Hooper, Town 'lerk 20 2001 ANNUAL TOWN MEETING March 28,2001 . The second session of the 2001 Annual Town Meeting was called to order by M�derator Margery M. Battin, at 8:00 p:m., in the Museum of Our National Heritage Auditorium, 33 Marrett Road. A quoruxn of 176 members was present. The Moderator expressed sympathies to Selectman Leo McSweeney in the loss of his father Leo P. McSweeney, Sr. who passed away March 24,2001. 8:07 p.m. The Moderator explained plans for indefinite postponement of Article 26 ,--� and declared ARTICLE 4, Line Item 3000 now before the meeting. � '�.1 ARTICLE 4: OPERATING BUDGET Communitv Services 3000 DPW Personal Services 3,005,287 (Of which$249,428 is to be transferred from the Water Enterprise Fund, $226,548 is to be transferred from the Sewer Enterprise Fund, $59,904 is to be transferred from the Parking Meter Fund, $100,000 is to be transferred from the Cemetery Trust Funds and$75,000 is to be transferred from the Recreation Enterprise Fund.) 3000 DPW General Expenses 3,778,187 (Of which $205,271 is to be transferred from the Water Enterprise Fund, $118,313 is to be transferred from the Sewer Enterprise Fund, and $47,970 is to be transferred from the Parking Meter Fund; and provided further that tlie Town Manager may enter into an agreement or agreements with one or more governmental units to perform jointly with such units any service, activity or undertaking authorized by law.) (In which a PAYT Program will be implemented for refuse disposal �� . services, provided that at least $747,000 of the revenues generated from the PAYT Program shall be used to reduce the ta�c rate below the levy limit.) � (And further that the Town Manager is author�zed to enter into communications equipment agreements, equipment lease/purchase agreements from time to time � provided that each such agreement is subject to annual appropriations.) . (And in addition that$50,000 of expenses for�the sale of burial containers � and biodegradable bags be funded by the receipt of$50,000 in anticipated - ' revenues, and that the surplus from FY2000 in the amount of$14,321.00 ' � � may be closed to the General Fund.) . (And in addition State/Federal Grants, site generated revenue and/or refuse � stabilization funds as permitted under existing agreements may be used to meet Division of Environmental Protection guidelines at the Hartwell Avenue landfill site.) (And to permit the Town to enter into agreements with either private or public entities in order to enhance public services, increase revenue, improve efficiency, or save money to the benefit of the T'own.) 8:07 p.m. Robin DiGiammarino, pr.2, reported the School Committee has no official position on a PAYT program. _ ;r � 8:10 p.m. Peter C.J. Kelley,pr.4, moved the following AMENDMENT to 'J Article 4, line item 3000: AMENDMENT: Article 41ine item 3000 be amended to remove the . words "In which a PAYT Program will be implemented for refuse disposal services,provided that at least$747,000 of the revenues generated from the PAYT program shall be used to reduce the tax rate below the levy limit." 8:13 p.m. Peter C. J. Kelley,pr.4, presented reasons for support. . 8:18 p.m. • Richazd Michelson,pr.8; spoke in favor of the am�ndment. 8:19 p.m. Neal Boyle, pr.7, spoke in favor of the amendment. 8:22 p.m. Sam Silverman,pr.5, questioned incentives for recycling in the Kelley amendment. Mr. Kelley responded. _-------_ __ __ _ . _ � _ _-- __ _ __ _ _ _ _ ____ _ _ Adjourned Session of 2001 Annual Town Meeting—March 28, 2001 2 � 8:24 p.m. Dr. Jill Stein, 17 Trotting Horse Dr., spoke against the amendment and addressed medical implications of pollutants in the waste stream. , 8:27 p.m. Eileen Entin, 104 Blossomcrest Rd., explained Citizens for Lexington Conservation support for a PAYT and urged rejection of the amendment. 8:30 p.m. Kate Diamond, 15 Franklin Rd., spoke against a PAYT fee. 8:31 p.m. Albert Zabin, pr.l, spoke against the amendment. 8:33 p.m. Selectman Leo McSweeney spoke in favor of the amendment. ' � 8:35 p.m. David Kanter,pr.7, spoke against the amendment. � 8:38 p.m. Alan Lazarus,pr.6, questioned if reconsideration of line item 3000 may be requested if so desired. The Moderator confirmed it could. 8:41 p.m. Selectman Jeanne Krieger reported a majority of the Board of Selectmen encouraged defeat of the amendment. 8:44 p.m. Richaxd Pagett,pr. 6, moved to extend the debate on the amendment an additiona130 minutes. Following a voice vote,the Moderator declared the MOTION ADOPTED and debate extended an additional 30 minutes . 8:44 p.m. Peter Diamond, 15 Franklin Rd., spoke against PAYT. 8:46 p.m. Philip Morse-Fortier,pr. 7, spoke against the amendment. 8:48 p.m. Loretta Porter,pr.9, questioned frequency of recycling pickups. Selectman Jeanne Krieger explained the proposal is for an every-other- week basis. Ms. Porter further questioned bag pickup and Ms. Krieger responded. i �8:50 p.m. Martin Long,pr.6, presented some of Mr. Kelley's issues regarding the _� section of the General By-Laws addressing rubbish disposal. Mr. Long � then spoke in favor of a PAYT idea but opposed this one, and spoke in favor of the amendment. 8:52 p.m. Paul Chernick,pr.6, spoke in opposition, and in favor of PAYT. . , 8:55 p.m. Douglas Lucente,pr.3, spoke in favor of the amendment. � . 8:56 p.m. Alan Lazarus,pr.6, spoke in opposition to the amendment. 8:57 p.m. Daniel Busa,pr.l, questioned reuse of recycled products and future cost of generating extra recyclables. Selectman Krieger and John Andrews of the PAYT Advisory Committee responded. 9:01 p.m. Daniel Busa,pr.l, further questioned additional cost to be incurred for increased volume of recyclables. Selectman Krieger reported that Waste Management would charge approximately$12,000 for expanding the types of plastics to be collected, and anticipated significant decrease in tipping fees,with no other increases in fees forecasted. � Town Manager Richard White reported that discussions with Waste ' � Management forecasted a 22%decrease in waste to the NESWC facility. 9:03 p.m. Loren Wood,pr.3, reported opinions of polled voters. ' 9:04 p.m. William Frawley,pr.3, spoke in opposition to the amendment. 9:07 p.m. Robert Erickson, 2 Ryder Lane, spoke against PAYT. 9:08 p.m. Alan Wrigley,pr.7, questioned Town Counsel oh interpretation of General By-Law and subsequent By-Law amendments regazding "free dumping". Town Counsel Norman Cohen responded. 9:13 p.m. Wenc�'y Rudner,pr.7, spoke in support of recycling and amendment, and against PAYT. 9:14 p.m. Joel Adler,pr.l, requested a�ditional time for discussion. The Moderator explained Town Meeting may vote more time if it so wishes. 2 � .Adjourned Session of 2001 Annual Town Meeting—March 28, 2001 9:15 p.m. Joel Adler,pr.l, moved time for debate be extended an additional 10 minutes. Following a voice vote,the Moderator declared the motion NOT ADOPTED. 9:17 p.m. Jed Snyder, pr.5, moved to poll the meeting on the vote on the amendment. Following a voice vote,with precinct clerks reporting a total of 57 in favor,the Moderator declared a poll of the meeting shall be taken on the amendment. The Moderator explained before polling the meeting a report of the Appropriation Committee shall be given on Mr. Kelley's amendment and declared a 5 minute recess. ;� 9:24 p.m. The Moderator declared the meeting back in session and recognized �`� Alexander Nedzel, pr.3, for a report of the Appropriation Committee. Mr.Nedzel outlinad 3 funding options and reported a majority of the Appropriation Committee opposes the amendment and believes the PAYT program should go forwarcl. 9:26 p.m. Richard Neumeier, pr.3, questioned the Appropriation Committee report. Mr.Nedzel responded. 9:28 p.m. The Moderator called for the Town Clerk to call the roll on Mr. Kelley's amendment, with a yea voting in favor and a no against the amendment. The vote of the roll on Mr. Kelley's amendment is tallied as follows: PRECINCT 1 Yes No Abstain Absent PRECINCT 2 Yes No Abstain Absent Joel A.Adler X James L.Avery X Nancy M.Adler X Marian A.O.Cohen X Colleen B Amirsakis X Robert W.Cunha X James E.Barry X Thomas R.Diaz X � Robin B. Laura L.Boghosian X DiGiammarino X _ Mary Bowes X. Karen A.Dooks X � John P.Breen X Kenneth W.Ford X � Carol Bukys X Merrill Forman X Daniel P.Busa X Myla Kabat-Zinn X Jean W.Cole X Paul H.Lapointe X Jonathan G.Cole X Lucy Lockwood X Stephen D.Cole,Jr.. X Daniel A.Lucas X Maria-Elena X X � ' Kostorizos Lauren MacNeil � Lillian T.MacArthur X Andrew McAleer X Eric Jay Michelson X Michael J.O'Sullivan X � Janet Moran X Barry Orenstein X � Barry E.Sampson X David Rudner 7Z Carol J.Sampson X Christina J.Welch X Paul G.Topalian X Donald D.Wilson X Albert P.Zabin X James S.Wilson X Judith L.Zabin X Scott Wilson X __ -- —__ ___ _ -__ _ _ . __ __ _ _ __ __ _ _ _____ ____ __ _---_ Adjourned Session of 2001 Annual Town Meeting—March 28, 2001 � � PRECINCT 3 Yes No Abstain Absent PRECINCT 4 Yes ' No Abstain Absent Samuel Berman X Nyles Nathan Bamert X Robert A.Bowyer X Gloria J.Bloom X . Nancy M. Cannalonga X Scott F.Burson X Nicholas A. Cannalonga X Donald A.Chisholm X John P.Carroll X Ronald W.Colwell X Sara B.Chase X Timothy R.Counihan X Jacqueline B X Davison John L.Davies X Dan H.Fenn,Jr. X Georgia S.Glick X William J.Frawley • X David J.Harris X ; Sherry L.Gordon X Peter C.J.Kelley X _. Gloria V.Holland X Charles W.Lamb X Michelle Hutnik X Frederick L.Menill X David J.Kessler X Ann H.Miller X Douglas M.Lucente X Barrie Peltz X Marjorie K.Madoff X Michael Prensky X Patrick R.Mehr X John S.Rosenberg X Alexander E.Nedzel X Nicholas Santosuosso X Mary E Neumeier X Sandra J.Shaw X Richard L Neumeier X Marina C.Smith X Robert Rotberg X Judith J.Uhrig X Loren Wood X Martin K.White X PRECINCT 5 Yes No Abstain Absent PRECINCT 6 Yes No Abstain Absent David E.Burns X Florence A.Baturin X Howard Cravis X Paul Chernick X Ira W.Crowe X Peter D.Cohen X Wallace Cupp X Mazjorie M.Daggett X Irene M.Dondley X Marshall J.Derby X Elaine Dratch X Bebe Fallick X Andrew J.Friedlich X Anthony G.Galaitsis X Paul E Hamburger X Edmund C.Grant X John Hayward X David L.Kaufman X Suzanne S.Larsen X Alan J.Lazarus X Carol A.Liff X Marianne Lazarus X Margaret C.Nichols X Martin Long X Samuel L.Powers X Jane Pagett X _. Blair B.Ruocco X Richard Pagett X James M.Shaw X Anne A.Ripley X � Sam Silverman X Edith Sandy X Jed N.Snyder X Frank Sandy X : � M.Masha Traber X Sheldon A.Spector X Charles T.Vail X H.Jerrold VanHook X ' Ephraim Weiss X Dana Z.Wendel X � David G.Williams X John S.Willson X � . PRECINCT 7 Yes No Abstain Absent PRECINCT 8 Yes No Abstain Absent Marsha E.Baker X Richard H.Battin X Neal E.Boyle,Jr. X Roger F.Borghesani X � Deborah J.Brown X ' Margaret Bradley X - Stacey P.Bridge- X George A.Burnell X Denzak Steven L.Colman X Elizabeth J.Bryant X Margaret L.Counts- Klebe X Florence E.Connor X Robert G.Coyne X John T.Cunha X Audrey J.Friend X Diana T.Garcia X Thomas Verne X Griffiths Ione D.Garing X Philip K.Hamilton X Thomas M.Harden X David G.Kanter X Charles Hornig X i Fred H.Martin X Steven J.Hurley X , David G.Miller X Morton G.Kahan X _. Joyce A.Miller X Ingrid H.Klimoff X Philip Morse-Fortier X Alan Mayer Levine X Wendy C.Rudner X Richard A Michelson X • John E.Taylor X James A.Osten X Jane A.Trudeau X Shirley H.Stolz X James C.Wood X Carolyn H.Tiffany , X Martha C.Wood X Robert V.Whitman X Alan A.Wrigley X Thomas M.Zimmer X 2 T Adjourned Session of 2001 Annual Town Meeting—March 28, 2001 PRECINCT 9 Yes No Abstain Absent AT-LARGE Yes� No Abstain Absent Alice J.Adler X Catherine M.DAbbott X Narain D.Bhatia X Margery M.Battin X Christopher P.Busa X Norman P.Cohen X Richard L.Canale X Peter D.Enrich X Anthony B.Close X Donna M.Hooper X Rodney Cole X Jay R.Kaufman X Margaret E.Coppe X Jeanne K.Krieger X Emily R.Donovan X Dawn E.McKenna X Susan A.Elberger X Leo P.McSweeney X Thomas O.Fenn X Janice A.Kennedy X William P.Kennedy X Yes No Abstain Absent Henry Norman �, Manz X TOTALS 75 98 4 21 Wendy Manz X Paul E.Mazerall X Janet M.Perry X Loretta A.Porter X . Fred D.Rosenberg X Richard Schaye X Michael E. Schroeder X Donis P.Traficante X 9:52 p.m. With less than a majority voting in favor of Mr. Kelley's amendment,the Moderator declared the motion NOT ADOPTED. 9:52 p.m. Peter C.J. Kelley, pr.4, moved the following amendment: AMENDMENT: Article 4 item 3000 to add the words - "The Selectmen are required to report back to the next annual Town Meeting on the financial and envirorunental success of the PAYT program and allow the Town Meeting to vote on whether to continue the program beyond FY2002" after the words "below the levy limit". � 9:58 p.m. Selectman Jeanne Krieger, pr.3, reported the unanimous support of the � Board of Selectmen for the Kelley amendment. 9:58 p.m. Follovving a voice vote,the Moderator declared the AMENDMENT ADOPTED. . � 9:59 p.m. Sam Silverman,pr.5, questioned a previous vote of town meeting for line � item 3000 which allowed the town to establish an electricity department. � ' . Town Manager Richard White explained the previous vote provided the � � town the option to establish a utility but the situation has not materialized � where it would be advantageous for the town to do so. Public Works Director William Hadley explained the town has taken ownership of the street lights, and expenses reduced. 3600 Transportation Personal Services 58,205 3600 Transportation Expenses 247,833 (Of which$80,000 is to be transferred from the Parking Meter Fund) 3700 Water Department 5,032,956 (And that to raise such amount$5,032,956 be transferred from the Water Enterprise Fund.) 3800 Sewer Department 7,864,345 � (And that to raise such amount$7,864,345 be transferred from the Sewer Enterprise Fund.) � Public Safetv 4100 Law Enforcement Personal Services 3,655,834 (Of which$97,692 is to be transferred from the Parking Meter Fund.) 4100 Law Enforcerrient Expenses 388,742 - (Of which $14,000 is to be transferred from the Parking Meter Fund.) 4200 Fire Department Personal Services 3,228,076 . 4200 �'ire DepartrMent Expenses 343,747 _ _ _ _ � _ _. _ _ -_____ _ _ ____ _ Adjourned Session of 2001 Annual Town Meeting-March 28, 2001 � v Culture and Recreation 5100 Library Persona.l Services ' 1,344,097 5100 Library Expenses 258,583 5200 Recreation Department 1,206,130 � ` (And to raise such amount$1,206,130 be transferred from the Recreation Enterprise Fund.) . Social Services 6100 Council on Aging Personal Services 144,495 6100 Council on Aging Expenses 176,555 6200 Human Services Personal Services 28,113 6200 . Human Services Expenses 111,717 Communitv Development 7100 Community Development Personal Services 562,914 7100 Community Development Expenses 53,560 7200 Planning Personal Services 179,043 7200 Planning Expenses 58,200 7300 Economic Development Personal Services 55,918 7300 Economic Development Expenses 10,780 General Government 8110 Board of Selectmen Administration Personal Services 62,383 (Of which$2,760 is to be transferred from the Water Enterprise Fund and $690 is to be transferred from the Sewer Enterprise Fund.) 8110 Board of Selectmen Administration Expenses 73,766 8120 Legal Fees& Expenses 225,000 8130 Town Report 6,000 8200 Town Manager Personal Services 307,285 (Of which$36,657 is to be transferred from the Water Enterprise Fund and $9,164 is to be transferred from the Sewer Enterprise Fund.) ; 8200 Town Manager Expenses 16,000 Town Committees 8310 Appropriation Committee Expenses 1,000 . 8320 Miscellaneous Boards & Committees Expenses - 8,755 8330 Public Celebrations � 25,000 . Finance � . 8400 Finance Personal Services 725,509 (Of which$203,840 is to be transferred from the Water Enterprise Fund and$50,961 is to be transferred from the Sewer Enterprise Fund.) 8400 Finance Expenses 203,900 (And in addition that$7,500 of expenses generated from enrollment in the Flexible Spending Plan be funded by the receipt of$7,500 in anticipated revenues.) (And further that the Treasurer and Collector is hereby authorized to enter into compensating balance agreements during fiscal years 2001, 2002 and 2003, as permitted by General Laws Chapter 44, Section 53F.) Town Clerk 8500 Town Clerk Personal Services 175,547 � 8500 `�own Clerk Expenses 56 550 _ � Management Information Svstems � 8600 MIS Personal Services 148,424 (Of which $32,390 is to be transferred from the Water Enterprise Fund and $8,098 is to be transferred from the Sewer Enterprise Fund.) 8600 MIS Expenses 197,720 10:06 p.m. Marianne Lazarus,pr.6, questioned funding for golf course roadway � improvements. 10:09 p.m. Ephraim Weiss,pr.5, questioned funding for building maintenance. 2 � Adjourned Session of 2001 Annual Town Meeting—March 28, 2001 10:09 p.m. Public Works Director William Hadley explained the department's building maintenance funding, initiatives, and procurement of building maintenance software. r, . Town Manager Richazd White identified funding in the amount of . . $578,087 for building maintenance, funding for a building maintenance technician, and Article 8 building maintenance envelope funding. 10:10 p.m. The Moderator recognized Alexander Nedzel,pr3, for a report of the Appropriation Committee on Article 4. . Mr. Nedzel reported Article 4 includes $213,000 new revenue from the PAYT program and that a majority of the Appropriation Committee supports passage of Article 4. Concerns with the PAYT funding will be addressed by the Committee under Article 36. 10:11 p.m. Following a voice vote,the Moderator declared ARTICLE 4 ADOPTED. 10:11 p.m. Ronald Pawliczek, Appropriation Committee, served NOTICE OF RECONSIDERATION of Article 4. 10:12 p.m. Alan Lazarus,pr. 7, served NOTICE OF RECONSIDERATION of Article 4, Line Item 3000 - DPW General Expenses. 10:13 p.m. The Moderator declared Article 5 now before the Meeting. 10:13 p.m. Presented by Selectman Jeanne Krieger. Selectman Krieger moved: ARTICLE 5: SUPPLEMENTARY APPROPRIATIONS FOR CURRENT FISCAL YEAR(FY2001) MOTION: (a) That $542,148 be appropriated to Line Item 2130 of the � � � current fiscal year's budget and that to raise such amount $500,000 be � transferred from the Unreserved Fund Balance and $42,148 be transferred .� from receipts reserved for appropriation and(b)that $20,000 be transferred from Line Item 3000 DPW Expenses to Line Item 3000 DPW Personal Services. � � 10:14 p.m: Selectman Dawn McKenna spoke in opposition to the motion and of the . action taken to balance the Health Caxe Trust Fund. 10:16 p.m. Selectman Peter Enrich spoke to clarify the requested action and Health � Care Trust fund issues. 10:19 p.m. Ephraim Weiss, pr.5, questioned the name of the fund referred to in the motion. Town Manager Richard White explained funding received from lottery fund distribution, mid year adjustments, and the "Lottery Money" label. 10:24 p.m. Frank Sandy, pr.6, questioned Ronald Pawliczek's eligibility to serve NOTICE OF RECONSIDERATION on Article 4. The Moderator so acknowledged, and thanked Mr. Sandy for raising the issue. r-„ 10:25 p.m, Alexander Nedzel,pr.3, served NOTICE OF RECONSIDERATION of _„ ARTICLE 4. 10:25 p.m. F'ollowing a voice vote on Article 5,the Moderator declared the MOTION ' ADOPTED. 10:25 p.m. Alexander Nedzel,pr.3, served NOTICE OF RECONSIDERATION on Article 5. ' 10:25 p.m. The Moderator declared the meeting open under Article 8. ARTICLE 8: CAPITAL PROJECTS AND EQUIPMENT 10:25 p.m. Selectman Jeanne Krieger moved that Article 8 be taken up as the first • order of business on��lVlonday, Apri12, 2001. 10:26 p.m. �ollowing a voice vote,the Moderator declared the MOTION ADOPTED and ARTICI,E 8 to be the first order of business on Apri12, 2001. ____ ,---_ ___ _--- - __ __ _ � _- _ ___ __ _ _ _ _ _ _ _ _ _ ___ _ -_ ---__ Adjourned Session of 2001 Annual Town Meeting—March 28, 2001 � l 10:26 p.m. The Moderator declared the meeting open under Article 10. 10: 26 p.m. Presented by Selectman Leo McSweeney. Mr. McSweeney moved: ARTICLE 10: WATER MAINS MOTION: That the Selectmen be and they hereby are authorized to install new or replacement water mains and line and reline water mains 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 i or other interest in land necessary therefor;to appropriate$325,000 for � . such installation and lining and land acquisition; and to raise such amount -� $325,000 be transferred from the Water Enterprise Fund. 10:27 p.m. Narain Bhatia reported the unanimous support of the Capital Expenditures Committee. � � 10:27 p.m. Deborah Brown reported the unanimous support of the Appropriation Committee. 10:27 p.m. Following a voice vote the Moderator declared the motion under ARTICLE 10 ADOPTED. 10:27 p.m. Thomas Verne Griffiths served NOTICE OF RECONSIDERATION OF ARTICLE 10. 10:29 p.m. The Moderator declared the meeting open under ARTICLE 11. 10:29 p.m. Presented by Selectman Leo McSweeney, who moved: ARTICLE 11: WATER DISTRIBUTION IMPROVEMENT � MOTION: That$420,000 be appropriated for upgrading the water _: � distribution system in the Woburn Street area; and that to meet this � appropriation the Treasurer with the approval of the Board of Selectmen is authorized to borrow$420,000 under G.L.c.44§8. 10:30 p.m. Narain Bhatia reported unanimous support of the Capital Expenditures � Committee. � � . 10:30 p.m. Deborah Brown reported unanimous support of the Appropriation Committee. 10:30 p.m. Following a voice vote,the Moderator declared, with more than the required two-thirds vote,the MOTION ADOPTED under ARTICLE 11. 10:31 p.m. Selectman Jeanne Krieger moved the meeting be adjourned. 10:31 p.m. Following a voice vote the Moderator declared the MOTION ADOPTED and the meeting adjourned until 8:00 p.m., Monday,Apri12, 2001, Museum of Our National Heritage Auditorium. A true copy. Attest: �7�1�.� � Donna M. Hooper, Town erk 2 v Adjourned Session of 2001 Annual Town Meeting-April 2, 2001 2001 ANNUAL TOWN MEETING Apri12,2001 ' The third session of the 2001 Annual Town Meeting was called to order by Moderator Margery M. Battin, at 8:00 p.m., in the Museum of Our National Heritage Auditorium, 33 - Marrett Road. A quorum of 183 members was present. . The Moderator reminded members of check-in procedures,roles of tellers for standing votes, and time limits for debate. 8:02 p.m. The.Moderator declared a recess for a presentation of the Michael Wagner ;- Tech�ology Award to Mr. Thomas Vanichevski, Fiske School grade 5 teacher by School ' � Committee Chairman Robin DiGiammarino. —' 8:05 p.m. The Moderator declared the meeting back in session and recognized Selectman Jeanne Krieger for a presentation to H. Bigelow Moore,the recently retired 10-year Parking Enforcement Officer. Selectman Krieger presented Mr. Moore with a parking meter replica. 8:08 p.m. The Moderator declared the meeting open under ARTICLE 2. 8:08 p.m. Marshall Derby, Lexington Housing Assistance Board,presented the Report of LexHab. Mr. Derby outlined plans of the Board to await potential availability of units at Khatadin Woods in 2003 for which the Board may exercise purchase rights. In addition Mr. Derby reported housing completed in 2000 and possible tax title lot availability for an additional house to be constructed. Mr. Derby summarized total number of units owned and administered by LexHab. 8:13 p.m. Recreation Committee Chairman Sandra Shaw submitted the Report of the Recreation Committee. .--, � 8:23 p.m. Thomas Verne Griffiths, Capital Expenditures Committee Chairman, I moved the Report of the Capital Expenditures Committee be ACCEPTED AND .� � PLACED ON FILE. Mr. Griffiths summarized the Committee's report. 8:40 p.m. Following a iJNANIMOUS voice vote, the Moderator declaxed the�Report of the Capital Expenditures Committee ACCEPTED AND PLACED ON FILE. . The Moderator explained plans for the order of Articles to be taken up this evening, with � Article 14 being taken first,then Article 8, of which section 8(h)will be taken first then the rest of Article 8 will be handled. � 8:41 p.m. Selectman Peter Enrich MOVED that ARTICLE 14 be taken out of order and explained the reasons for such, being prudent to do so because if the recommended $50,000 for tree planting is adopted, allocation of funds within Article 8 will be required. Following a voice vote,the Moderator declared the motion ADOPTED and ARTICLE 14 now before the meeting. 8:42 p.m. Selectman Peter Enrich moved the following: ARTICLE 14: TREE PLANTING AND MAINTENANCE , MOTION: That the sum of$50,000 be appropriated for the planting of . trees on town owned land and for the maintenance of trees, and that such , I amount be raised in the tax levy. � ' Mr. Enrich explained request and reported unanimous support of the Board of Selectmen. 8:45 p.m. Conservation Commission member Philip Ham�lton reported the unanimous support of the Commission. 8:45 p.m. Charles Hornig reported the Capital Expenditures Committee opposes - �r�iGl� 14, stating ttie request should be included in the operating budget. 8:48 p.m. Richard Eurich, pr.3, reported the Appropriation Committee's opposition to this motion(8-1) and commented this request should be an operating item. _ _ _ _ __ _ _ _ _. _ _ _ __ __ - - -_ _---- _ __ _ __ ___ _ �. __ _ Adjourned Session of 2001 Annual Town Meeting—Apri12, 2001 � J 8:49 p.m. After a voice vote on Article 14,the Moderator called for a standing vote, tallied as follows: ' Precinet YES NO Abstain 1 5 13 � � 2 7 12 � 3 12 3 4 6 9 . 5 12 6 6 10 7 7 9 7 � 8 9 6 � 9 6 11 �..� � AL 6 9 TOTAL 82 83 8:55 p.m. With 82 voting in the affirmative and 83 in the negative,the Moderator DECLARED the MOTION NOT ADOPTED. 8:55 p.m. Thomas Verne Griffiths, pr.7, SERVED NOTICE OF RECONSIDERATION on ARTICLE 14. 8:55 p.m. The Moderator declared Article 8,with Article 8 (h) first . before the meeting. � 8:56 p.m. Selectman Catherine Abbott reported a 4 member majority of the Board of . Selectmen supports tax levy funding of work requested under Article 8, section(h) and moved the following for Article 8, section(h): Article 8: CAPITAL PROJECTS AND EQUIPMENT MOTION: That the following amounts be appropriated for the fol�owing capital improvements and that each amount be raised as indicated: r-- � � ' (h) Playground and Recreation Facilities Improvement-$50,000 and that $50,000 be raised in the Tax Le v y; . 8:57 p.m. Selectman Abbott requested the Moderator recognize Recreation Committee � Member Richard Neumeier. Mr. Neumeier explained facilities improvement plans�and presented slides on proposed work. Mr. Neumeier explained funding commitments of the . Recreation Committee and the Committee's position that it is not prudent to fund requested � • work from the Recreation Enterprise Fund. 9:07 p.m. Shirley Stolz,pr.8, reporfed the Capital Expenditures Committee strongly . supports tax levy funding for this project, not Enterprise Fund. 9:10 p.m. Sheldon Spector,pr.6, Appropriation Committee,reported of the need to fund the requested work from the Enterprise Fund. , 9:13 p.m. Sheldon Spector, Appropriation Committee, moved the following amendment: AMENDMENT: Article 8 (h)be amended to read"Playground and Recreation Facilities Improvement - $50,000 and that $50,000 be .-- transferred from the Recreation Enterprise�'und." �_. ' 9:13 .m. Richard Neumeier reminded h � __ P t e meetmg of the 1997 Appropriation Committee support for the plan of the Selectmen for tax levy funding, and reported the Recreation Committee's opposition to the amendment. 9:14 p.m. Shirley Stolz reported the Capital Expenditures Committee's unanimous opposition to Mr. Spector's amendment. � 9:15 p.m. Selectman Catherine Abbott reported a majority of the Board of Selectmen favor tax levy funding and oppose the amendment. ' 9:15 p.m. Frank Sandy,pr.6, spoke in support. 3 O Adjourned Session of 2001 Annual Town Meeting—April 2, 2001 9:17 p.m. David Kanter,pr.7, spoke against the amendment and opined tlie policy for the source of funding should be respected. � 9:18 p.m. Marina Smith,pr.4, questioned playground plans and playing field injuries at Lincoln Park. 9:19 p.m. Richard Pagett,pr.6,questioned if funding is to be spent on paving roadway at Lincoln Park and suggests no improvements to the Park until paved. Richard Neumeier reported the Committee had no plans for paving in the foreseeable future. 9:21 p.m. Lauren MacNeil, pr.2, questioned previous yeax's expenses and if debt " �'� incuned. Sandra Shaw reported the center pool complex option had not been exercised. � 9:23 p.m. Neal Boyle, pr.7, spoke in favor of the amendment. 9:24 p.m. Paul Lapointe,pr.2, spoke in opposition to the amendment and supported the 5-yr. plan for playground capital expenditures to be paid from the tax levy. 924 p.m. Myla Kabat-Zinn,pr.2, questioned soil testing at the Lincoln Park site. Recreation Committee Chairman Sandra Shaw requested the DPW Park and Tree Superintendent Dave Pinsonneault be recognized. Mr. Pinsonneault reported a 12"deep layer of wood chips would be laid for the tot lot. 9:28 p.m. Philip Morse-Fortier, pr.7, questioned estimated available enterprise funds generated from the operation of Pine Meadows, and estimated 2002 expenses. Recreation Committee member ponald Chisholm reported on upcoming years' projected capital Expenditures. 9:31 p.m. Jacqueline Davison,pr.3,questioned the 1990 Recreation Long Range Plan. Donald Chisholm explained the 1990 LRP for Pine Meadows Golf Course is currently underway and the Development Master Plan for Lincoln Park is due in the summer of 2001. .__, 9:33 p.m. Mark Anderson, 2 Thoreau Rd, questioned the opposition of the Capital ' Expenditures Committee and Board of Selectmen to the amendment. .� 9:34 p.m. Shirley Stolz reported the Capital Expenditures Committee's opposition is . both philosophical as well as related to funding availability. � � 9:35 p.m. Catherine Abbott reported the Board of Selectmen's position is based upon . , support of tax levy funding policy and available free cash. 9:35 p.m. Appropriation Committee member Sheldon Spector spoke on policies for � funding of playgrounds and of the need for their being revisited. 9:36 p.m. The Moderator called the vote on Mr. Spector's amendment. 9:36 p.m. Following a voice vote, the Moderator's declaration the amendment not adopted was challenged by more than 20 members. 9:41 p.m. The Moderator called for a standing vote on Mr. Spector's amendment, tallied as follows: Precinct YES NO Abstain �--, 1 13 6 I 2 7 12 , 3 7 9 `� 4 4 14 • 5 11 8 6 8 9 7 3 12 . 8 5 I1 . 9 7 10 AL 7 9 �OTAL 72 100 � 9:41p.m. With 72 voting in the affirmative and 100 in the negative,the Moderator DECLARED the AMENDMENT NOT ADOPTED. FOLLOWING A VOICE VOTE ON Article 8(h) the MODERATOR DECLARED THE MOTION ADOPTED. �� ----- _ _ __ _ _-_ _ _ _ � ____ __-_ __ _ _ __ _ _ __ __ ___ __ Adjourned Session of 2001 Annual Town Meeting-April 2, 2001 � � 9:41 p.m. Thomas Verne Griffiths,pr.7, served NOTICE OF RECONSIDERATION on ARTICLE 8 (h). ' 9:41 p.m. The Moderator declazed ARTICLE 8, sections(a)-(g), (`i')and(j)before the meeting. Article 8: CAPITAL PROJECTS AND EQUIPMENT MOTION: That the following amounts be appropriated for the following capital improvements and that each amount be raised as indicated: 9:41 p.m. Selectman Catherine Abbott moved the following for 8(a) and reported the , unanimous support of the Board of Selectmen for 8(a): �- - (a) Town Building Envelope Remodeling Program - $690,000 and that $123,050 be transferred from receipts reserved for appropriation and that the Treasurer with the approval of the Board of Selectmen is authorized to borrow$566,950 under G.L. c.44, §7(3A); 9:44 p.m. Robert Bowyer,pr.3,questioned including painting projects. 9:47 p.m. Ephraim Weiss,pr.5, questioned the inclusion of sufficient funding within the budget to support the maintenance of these items to be voted. Town Manager Richard White reported the Building and Finance Committee study, chaired by Peter Kelley, from which originates the Building Envelope Program and many of these items, and that the Town will continue with the Building Envelope Program. 9:49 p.m. Town Engineer Peter Chalpin elaborated on the required building repairs. 9:50 p.m. Selectman Catherine Abbott moved the following for 8(b) and reported the unanimous support of the Board of Selectmen for 8(b): �� (b) Public Works Equipment-$384,673 and that$196,623 be raised in the _: tax levy and$40,000 be transferred from the Water Enterprise Fund and � $40,000 be transferred from the Sewer Enterprise Fund and that the Treasurer with the approval of the Board of Selechnen is authorized to . borrow$108,050 under G.L.c.44§7(9); � . 9:56 p.m. Selectman Catherine Abbott moved the following for 8(c) and reported the � , unanimous support of the Board of Selectmen for 8(c): ' (c) Fire Vehicle-Rescue-$159,050 and that$36,000 be raised in the tax _ levy and$123,050 be transferred from the Stabilization Fund; 9:57 p.m. David Kaufinan,pr.6, questioned wording of motion on the overhead screen. The Moderator confirmed the correct wording of the motion on the written copy provided to members. 9:58 p.m. Selectman Catherine Abbott moved the following for 8(d) and reported the unanimous support of the Board of Selectmen for 8(d): r-- (dj Pine Meadows Improvements - $230,000 and that $230,000 be transferred from the Recreation Enterprise Fund; 9:59 p.m. Recreation Committee member ponald Chisholm explained proposed driveway work at the golf course. 10:03 p.m. Alan Lazarus,pr.6,questioned Mr. Chisholm on reduction in driveway width and decrease in construction costs. Mr. Chisholm reported an approximate $15,000-$20,000 cost reduction. 10:09 p.m. Anthony Galaitsis,pr.6,questioned procedures for amending • Article 8, section (d) and funding of driveway improvements befare the parking iot. Mr. Chisholm recapped previously explained reasons. \ 3 � Adjourned Session of 2001 Annual Town Meeting—April 2, 2001 10:10 p.m. David Kanter,pr.7, questioned overflow parking,potential berm damage on new driveway if parking not controlled, and Committee's response to possible amendment prohibiting parking. Mr.Chisholm reported the Committee would�a�t oppose such an amendment. 10:13 p.m. Frank Sandy,pr.5,requested point of parliamentary inquiry and if possible to separate out part(d) from Article 8. The Moderator explained that to be possible if 25 members wish to do so. 10:13 p.m. The Moderator declared,with more than 25 standing,section 8 (d)now to be divided out and voted separately after the rest of Article 8 (a-c, e-g, `i' and j). �` �' � . J 10:14 p.m. Selectman Catherme Abbott moved the following for 8(e): (e) Landfill Closure - $100,000 and that $100,000 be raised in the Tax Levy; 10:15 p.m. Selectman Catherine Abbott moved the following for 8(fl and reported the unanimous support of the Board of Selectmen for 8(fl: (� Morgan Road Water Tank Construction - $420,000 and that the Treasurer with the approval of the Selectmen is authorized to borrow $420,000 under G.L.c.44,§8(4); 10:16 p.m. Joel Adler,pr.l, questioned enterprise funding for 8 (fl. 10:16 p.m. The Moderator recognized Public Works Director William Hadley for an update on the status of the town's streets. ' 10:23 p.m. Selectman Catherine Abbott moved the following for 8(g) and reported the unanimous support of the Board of Selectmen for 8(g): (g) Street Related Improvements-$1,000,000 and that$500,000 be raised �-� � � in the tax levy and the Treasurer with the approval of the Board of I Selectmen is authorized to borrow $50,000 under G.L.c.44,�7; and in J addition the Selectmen are authorized to accept highway funds from all sources including the$450,000 allocated under Chapter 90 of the General Laws,and the Treasurer with the approval of the Selectmen is authorized to issue Highway ReimbursementNotes under G.L.c.44,§6 as amended; . 10:25 p.m. Frank Sandy, pr.6, questioned the bonding of 8 (� from the _ � Enterprise Fund. Town Manager Richard White explained part of the budget from which borrowing is paid for the debt service for Water& Sewer � Enterprise fund borrowing. 10:26 p.m. Alan Lazarus,pr.6, opined concern of street resurfacing methods and follow-up conducted to assess effectiveness. Public Works Director William Hadley explained the four types of resurfacing and options sought based upon new technologies. 10:28 p.m. Eric Michelson, pr.l, commented on past resurfacing work. Town Engineer Peter Chalpin reported that Adams Street @ East Street was totally reconstructed and ground water conditions have caused premature ��, road surface failure. 10:29 p.m. Ephraim Weiss,pr.5,commented on the need to better handle street damage done by utility company work. Selectman Catherine Abbott ' acknowledged the Board of Selectmen Street Opening Permit process. Public Works Director William Hadley summarized the 5-year moratorium on newly paved streets and town efforts to bette'r address the problem. � 10:31 p.m. Ephraim Weiss,pr.5,commented further of damage by utility companies. - 10:32"p.m. Marianne Lazarus,pr.6, commented on utility company damage to streets. __ ___ ___ _ _ ----- __ _ � _ ___ _ _ _ _ __ _ __ -- __ _ __ , - Adjourned Session of 2001 Annual Town Meeting—April 2, 2001 3 3 10.33 p.m. Selectman Catherine Abbott moved the following for 8(i) and reported the unanimous support of the Board af Selectmen for 8(iJ: (i) Financial Software Upgrade-$425,000 and that the Treasurer with the approval of the Selectmen is authorized to borrow $425,000 under G.L.c.44,§7; . 10:35 p.m. David Kanter,pr.7,questioned hardware costs for upcoming years. Management Information Systems (MIS)Director Connie reported the anticipated life of the hardware. � ..-- ' . 10:35 p.m. Sam Silverman,pr.5, questioned the software upgrade and - availabilrty of data. MIS Director Connie Rawson reported the second pha.se of the project involves a browser product. 10:38 p.m. � An�e Ripley,pr.6,questioned if the town would have a phase- in of the software. Finance Director John Ryan reported the proposed software implementation would have a test mode prior to implementation but would not be running parallel. Mr. Ryan reported the Town is very comfortable with staff handling implementation. 10:41 p.m. Selectman Catherine Abbott moved the following for 8(j): (j) Printing Equipment-$0 School Committee member Scott Burson reported on the Committee's withdrawal of funding request for this initiative upon the recommendationof the finance committees. Mr. Burson reported the commitment of the School Committee for joint operations with the municipal departments to avoid duplication. 10:42 p.m. Thomas Verne Griffiths,pr.7,Capital Expenditures Committee,reported the Capital Expenditures Committee unanimously supports Article 8, sections (a-c, e-g, i j). � � � 10:42 p.m. Sheldon Spector,pr.6,Appropriation Committee,reported the Appropriation Committee strongly supports Article 8, sections(a-c, e-g, i-j). 10:43 p.m. Following a voice vote,with more�han the required TWO-THIRDS vote,the � Moderator DECLARED the motion for Article 8, sections (a-c, e-g, i j)ADOPTED. � . 10:44 p.m. `Thomas Verne Griffiths served NOTICE of RECONSIDERATION of Article 8, sections (a-c, e-g, i-j). 10:45 p.m. Selectman Jeanne Krieger moved the meeting be adjourned until Wednesday,Apri14, 2001. 10:45 p.m. Following a voice vote the Moderator declared the motion ADOPTED and the meeting adjourned unti18:00 p.m., Wednesday,Apri14, 2001, Museum of Our National Herita.ge Auditorium. A true copy. � Aftest: �IvY�.�� Donna M. Hooper, Town C rk 34 2001 ANNUAL TOWN MEETING Apri14,2001 � The fourth session of the 2001 Annual Town Meeting was called to order by Moderator Margery M. Battin, at 8:00 p.m., in the Museum of Our National Heritage Auditorium, 33 Marrett Road. A quorum of 180 members was present. . The Moderator declared the meeting open under ARTICLE 2. 8:04 p.m. Andrew Friedlich,pr.5,reported on planned Community Conversation meetings over the upcoming weeks,to be co-sponsored by the Board of Selectmen,the Town's Pay as You Throw Committee, and the Town Meeting Members Association. ��' . � �J 8:06 p.m. Donald Chisholm,pr.4, moved the Report of the Senior Center Siting Committee be ACCEPTED AND PLACED ON FILE. Mr. Chisholm reported on the Committee, its Charge and the process undertaken. 8:14 p.m. Following a voice vote,the Moderator declared the motion ADOPTED and the Report of the Senior Center Siting Committee ACCEPTED AND PLACED ON FILE. 8:15 p.m. Anthony Galaitsis presented an overview of the Planning Board's Comprehensive Plan. Following a brief summary, Mr. Galaitsis requested the Moderator recognize Planning Director and Assistant Planning Director Glenn Garber and Maryann McCa11-Taylor, Planner, respectively, for an overview. 8:28 p.m. The Moderator outlined the plans for the evening, starting with Article 8 (d), Articles 12, 13, and 17. 8:29 p.m. Richard Pagett, pr.6, inquired about committee reports at Town Meeting. 8:30 p.m. David Rudner, pr.2, inquired about availability of the Planning Board's Report on the town's web site. 8:31 p.m. The Moderator declared Article 8, section(d)now before the meeting: � 8:31 p.m. Donald Chisholm, pr.4,presented Article 8 (d), as follows: ARTICLE 8: CAPITAL PROJECTS AND EQUIPMENT � MOTION: That the following amounts be appropriated for the following � capita.l improvements and that each amount be raised as indicated: . � . (d) Pine Meadows Improvements — $230,000 and that $230,000 be transferred from the Recreation Enterprise Fund; � 8:31 p.m. Donald Chisholm explained the need and plans for reconstructing the entry driveway to Pine Meadows Golf Course. 8:41 p.m. Mr. Chisholm requested the Moderator recognize Acting Fire Chief Peter Torode. Acting Chief Torode addressed public safety issues relating to Driveway as currently laid out. 8:46 p.m. Donald Chisholm addressed additional issues concerning the roadway. 8:47 p.m. Selectman Catherine Abbott reported the unanimous support of the Board of Selectmen. 8:47 p.m. Shirley Stolz, Capital Expenditures Committee, expressed the Committee's confidence in the Recreation Committee and endorsement of the project. 8:48 p.m. The Moderator declared a 5-minute recess for the Appropriation ,_, Committee to caucus. 8:55 p.m. The Moderator declared the meeting in session. � Appropriation Committee Chairman Paul Hamburger reported a 5-4 majority of the Committee supports the motion. Presenting the Majority Report,Eric Michelson reported the Committee applauds tlie Recreation Committee's work. Alan Levine presented the Minority Report of the Committee, � opposing this year's expenditure. - __ . - _ _ ___ � _ -_ _ _ . __ _ _ _ _ - __---- Adjourned Session of 2001 Annual Town Meeting—April 4, 2001 � " 9:01 p.m. David Kanter,pr.7,moved the following amendment:� AMENDMENT: The motion be amended to add "with a provision for no parking on � The reconstructed entrance roadway". 9:02 p.m. Selectrnan Catherine Abbott reported the unanimous support of the Board of Selectmen for the amendment. 9:02 p.m. Donald Chisholm reported the support of the Recreation Committee for the amendment. 9:03 p.m. Sheldon Spector,pr.6, questioned the enforcement of such a provision. ' . Mr. Chisholm reported enforcement by the course management company. - 9:03 p.m. Jed Snyder,pr.5, questioned parking within the existing width. 9:04 p.m. Acting Fire Chief Peter Torode responded the current 12-foot width is insufficient. 9:05 p.m. Jed Snyder,pr.5,ft�rther questioned the roadway width and spoke against the amendment. 9:07 p.m. Acting Chief Peter Torode commented further on roadway obstructions. 9:08 p.m. Ephraim Weiss, pr.5, questioned frequency during which two vehicles pass over the course in past years. 9:09 p.m. Paul Hamburger reported the unanimous support of the Appropriation Committee for the amendment. 9:09 p.m. Donald Chisholm reported autos pass many times during the course of a day. 9:09 p.m. Thomas Zimmer,pr.8,commented on golfing at Pine Meadows and pulling off to the side of the roadway to allow other vehicles to pass. 9:11 p.m. Edith Sandy,pr.5, questioned possible police detail arrangements. Police Chief Christopher Casey commented on traffic controlling measures in addition to police details. ' 9:12 p.m. Sam Silverman,pr.6,questioned parking restrictions,availability,and parking -' lot expansion plans. � 9:13 p.m. Donald Chisholm addressed parking concerns and capacity. . 9:15 p.m. Following a voice vote,the Moderator declared the AMENDMENT ADOPTED. . , 9:16 p.m. Ephraim Weiss,pr.5, questioned roadway alterations. . � . 9:17 p.m. Town Engineer Peter Chalpin addressed roadway construction and pavement conditions. 9:18 p.m. Marianne Lazarus, pr.6, questioned project review by other town boards, traffic demand issues and landscape architect input. 9:21 p.m. Donald Chisholm responded to parking lot size issues and review process. 9:24 p.m. Neal Boyle, pr.7, spoke to saving the mature trees along the driveway and against the motion. 9:26 p.m. Wendy Rudner,pr.7, questioned the number of traffic accidents occurring along the roadway and how the number of required parking spaces was derived, commenting she thought the number of spaces to be excessive. 9:27 p.m. Donald Chisholrri responded that he was uncertain as to the number of r _ accidents and explained estimation for required p�rking spaces. 9:29 p.m. Thomas Zimmer,pr.8, questioned any intent to pave the lot. ' 9:29 p.m. Donald Chisholm explained the lot surface is under revie�N. 9:31 p.m. Edith Sandy,pr.6, questioned temporary parking areas, costs, and plans for maintenance building construction if roadway were not to be reconstructed. 9:32 p.m. Donald Chisholm c�mmented on temporary parking areas and explained costs � for the new maintenance area are estimated slightly in excess of$200,000. 9:34 p.m. Edith Sandy,pr.6, questioned the effect of heavy construction vehicles on a new roadway surface. 3 " Adjourned Session of 2001 Annual Town Meeting—April 4, 2001 9:35 p.m. Donald Chisholm replied that a new roadway would withstand vehicles.Town Engineer Peter Chalpin explained that a new roadway would comply with engineering and town standazds and would withstand large rubber-tired machinery. � 9:36 p.m. Elaine Dratch, pr.5, called the question. The Moder.ator explained the question could not be called from the floor. 9:36 p.m. Sheldon Spector,pr.6,questioned Chief Torode on the roadway safety issue. Chief Torode explained this is a problem that must be addressed. 9:38 p.m. Ann Ripley, pr.6, spoke against the motion. ' � 9:38 p.m. Scott Burson, pr.4, called the question. `—� 9:38 p.m. Following a voice vote,the moderator declared the question now before the meeting. Mr. Chisholm declined further comment. 9:39 p.m. Following a voice�vote the Moderator called for a standing vote, tallied as follows: Precinct YES NO Abstain 1 8 8 2 9 5 3 8 7 4 13 5 5 4 11 6 4 12 7 9 7 8 5 12 9 10 8 AL 13 4 TOTAL 83 79 9:43 p.m. With 83 voting in the affirmative and 79 in the negative,the Moderator DECLARED Article 8(d)ADOPTED AS AMENDED. �� 9:43 p.m. Thomas Verne Griffiths,pr.7, served NOTICE OF J � RECONSIDERATION of Article 8 (d). � 9:43 p.m. The Moderator declared Article 12 now before the meeting. 9:43 p.m. Presented by Anthony Close,pr.9, School Committee. Mr. Close moved: � • ARTICLE 12: SCHOOL TECHNOLOGY PROGRAM � � � MOTION: That the sum of$800,000 be appropriated for the purchase of . computer hardware, software and equipment; and that to meet this . appropriation the Treasurer with the approval of the Board of Selectmen is authorized to borrow$800,000 under G.L.c.44, §7. 9:47 p.m. Mr. Close presented plans for the technology program. 9:47 p.m. Selectman Dawn McKenna reported unanimous support of the Board of Selectmen. 9:48 p.m. George Burnell reported unanimous support of the Capital Expenditures Committee. 9:48 p.m. Ronald Pawliczek reported unanimous support of the Appropriation Committee. �- 9:48 p.m. . Philip Morse-Fortier, pr.7, spoke in favor. � �� 9:49 p.m. David Burns, pr.5, questioned not including this request within the school ! budget. The Moderator explained this is a capital request. 9:50 p.m. Following a voice vote,the Moderator declared the MOTION ADOPTED by more than the required TWO-THIRDS vote. 9:50 p.m. Thomas Verne Griffiths,pr7,servedNotice of Reconsiderationof Article 12. 9:50 p.m. The Moderator declared Article 13 now before the meeting. -___ __ __ _ _ _ _ � ___ __ _ _ _ _ _. _ _ _ _ - _ _ ___ _ _- --- - Adjourned Session of 2001 Annual Town Meeting—April 4, 2001 � � 9:50 p.m. Presented by Michele Hutnik, School Committee. Ms. Hutnik moved: ARTICLE 13: SCHOOL CAPITAL PROJECT MOTION: That the sum of$100,000 be appropriated for the purchase of � equipment for the school department;and that to meet this appropriation the Treasurer with the approval of the Board of Selectmen is authorized to borrow$100,000 under G.L. c.44,§7(9). 9:50 p.m. Ms. Hutnik explained needs for portable classrooms at Hastings School. 9:55 p.m. Dawn McKenna reported unanimous support of the Board of Selectmen. 9:55 p.m. George Burnell reported unanimous support of the Capital Expenditures � , Committee. = 9:56 p.m. Ronald Pawliczek reported unanimous support of the Appropriation Committee. 9:56 p.m. Following a voice vote, the Moderator DECLARED the MOTION ADOPTED,with more than the required TWO-THIRDS vote. 9:56 p.m. Thomas Verne Griffiths served NOTICE OF RECONSIDERATION of Article 13. 9:57 p.m. The Moderator declared Article 15 now before the meeting. 9:57 p.m. Presented by Selectman Catherine Abbott. Selectman Abbott moved: ARTICLE 15: CARY MEMORIAL LIBRARY BOND AUTHORIZATIONS MOTION: That Article 15 be postponed until Monday, May 14, 2001. � 9:57 p.m. Following a voice vote,the Moderator declared the motion ADOPTED and Article 15 postponed until May 14, 2001. 9:58 p.m. The Moderator declared Article 17 now before the meeting. 9:58 p.m. Presented by Loren Wood,pr.3. Mr. Wood moved: � ARTICLE 17: ZONING BY-LAW, SECTION 2,DEFINITIONS �__ MOTION: That the Zoning By-Law be amended by adding the � following to Section 2, Definitions: PATIO An area of ground paved with stone, asphalt, concrete, brick, flagstone, concrete blocks,pressure treated planks with or without � submerged pressure treated joists, or similar materials capable of bearing � . pedestrian travel, laid on a layer of sarid, gravel or suitable material filling . , an excavation such that the top surface of the paving is flush with the � . ground, no part is attached to the house, and there is no open space underneath. 9:58 p.m. Loren Wood,pr.3, explained requested Zoning By-Law change. 10:02 p.m. John Davies moved the Report of the Planning Board on Article 17 be ACCEPTED AND PLACED ON FILE. Following a voice vote,the Moderator declared the Report of the Planning Board on Article 17 ACCEPTED AND PLACED ON FILE. Mr. Davies explained the Planning Board's position on Mr. Wood's motion, recommending defeat. 10:02 p.m. Selectman Dawn McKenna reported unanimous support of the Board of Selectmen fox defeat of this article. 10:04 p.m: Robert Bowyer, pr.3,urged defeat. � 10:06 p.m. John Davies,pr.4,requested the Moderator recognize Emily Donovan, pr.9 and counsel from Palmer and Dodge. Ms. Donovan explained her � involvement with this case,explained she would be abstaining from voting, and urged defeat. 10:08 p.m. Following a voice vote,the Moderator declared, with less than the required TWO-THIRDS vote,the motion NOT ADOPTED. 10:09 p.m. The 1Vloderator declared Article 18 now before the meeting. . 3 " Adjourned Session of 2001 Annual Town Meeting-Apri14, 2001 10:09 p.m. Presented by Loren Wood,pr.3. Mr. Wood moved: � ARTICLE 18: ZONING BY-LAW, SECTION 3.2.2,VARIANCES MOTION: That the Zoning By-Law be amended by adding to the end � of Section 3.2.2 Variances the following: In a residential zone, substantial hardship does not mean deprivation of potential advantage from a prohibited use, nor deprivation of the most advantageous use of the property if a residence, conforming to the requirements of the By-Law, exists or can be constructed, on the properly. 10:09 p.m. Loren Wood,pr.3, explained requested Zoning By-Law change. ;� 10:11.p.m. John Davies moved the Report of the Planning Board on Article 18 be '� ACCEPTED AND PLACED ON FILE. Following a voice vote,the Moderator declared the motion adopted and the Report of the Planning Board on Article 18 ACCEPTED AND PLACED ON FILE. 10:11 p.m. Mr. Davies reported the Planning Board position on the Article, recommending defeat. 10:11 p.m. Emily Donovan, pr.9, and counsel with Palmer and Dodge, explained she disagreed with Mr. Wood on Massachusetts Zoning Law, emphasized . jurisdiction of localities over zoning, spoke against the motion, and explained she would be abstaining from voting. 10:17 p.m. Albert Zabin, pr.l, spoke in favor. 10:21 p.m. Dawn McKenna reported the unanimous support of the Board of Selectmen for disapproval of this motion. 10: 21 p.m. David Kanter, pr.7, spoke against. 10:23 p.m. Frank Sandy, pr.6, spoke against. 10:24 p.m. Paul Chernick,pr.6, questioned the Plannin�Board as to meaning of the motion. 10:25 p.m. John Davies explained proposed changes should define a haxdship. �-� 10:25 p.m. Following a voice vote,the Moderator declared, with less than the I required TWO-THIRDS vote,the MOTION NOT ADOPTED. ..� 10:26 p.m. The Moderator declared Article 19 now before the meeting. 10:26 p.m. Presented by Loren Wood,pr.3. Mr. Wood moved: � ARTICLE 19: ZONING BY-LAW, SECTION 3.2.2,VARIANCES . MOTION: That this article be INDEFINITELY POSTPONED. 10:26 p.m. Following a voice vote,the Moderator declared the motion ADOPTED � and Article 19 INDEFINITELY POSTPONED. 10:27 p.m. The Moderator declared Article 20 now before the meeting. 10:27 p.m. Presented by Alan Lazarus,pr.6. Mr. Lazarus moved: ARTICLE 20: ZONING BY-LAW SECTION 22, OFF STREET PARKING AND LOADING MOTION: That the Zoning By-Law of the town of Lexington be Approved by amended by amending Section 11, Off Street Parking and Loading, by Atty General adding the following section to Section 11,wluch section shall be � Tom xeilly designated section 11.93. I August 30, 2001 J Posted Sept. 20,2001 11.9.3 When there is a proposed change of use(s)within all or a part of a . building within a CB district and: ' (1) the change of use(s) results in a reduction in the number of required parking spaces under this Section 11 as compared to the numbe�of required parking spaces requi'red under this Section 11 calculated on the basis of the use(s)within the building � immediately prior to the change,then (2) the number of required parking spaces calculated on the basis of • ' the use(s)within the building immediately prior to the change shall be calculated and certified in writing by the building owner or a representative of the owner to the town zoning officer and approved by the Town zoning officer; in which case . __ _ _ . _ __ __ _ ---- -_ ___ _ ____ -__ ___ _ � _ _ _ ___ Adjourned Session of 2001 Annual Town Meeting—April 4, zool 3 9 (article 20 cont...) � (3) said higher number of certified parking spaces shall be attributed to said building and available for use in connection with said building ' for purposes of ineeting the parking requirements under this Section 11 resulting from future changes in use(s)within said building. Section 6,Nonconforming Situations, subsection 6.6.1,Nonconforming Parking Spaces,Loading Bays be amended by striking subsection 2 of section 4 6.6.1.in its entirety and substituting therefor the following subsection 2. � Section 6.6.1. , , .. -- (2) if there is a net decrease in the number of required parking spaces or loading bays,the number of parking spaces and loading bays available for future changes of use(s) shall be the number of parking spaces or loading bays available based on the use(s) of the building immediately prior to the change of use(s)resulting in said net decrease as certified to and approved by the Town zoning officer in accordance with section 11.9.3(2). 10:27 p.m. The Moderator recognized Mr. John Farrington to explain requested action. Mr. Farrington reviewed requested changes and impact. 10:33 p.m. Thomas Harden, pr.8, moved the Report of the Planning Board on Article 20 be ACCEPTED AND PLACED ON FILE. Following a voice vote,the Moderator declared the Report of the Planning � Board on Article 20 ACCEPTED and PLACED ON FILE. Mr. Harden reported the Planning Board is in unanimous support. 10:35 p.m. Selectman Leo McSweeney reported the unanimous support of the Board of Selectmen. , 10:35 p.m. Robert Bowyer,pr.3, spoke in support. _ _' 10:37 p.m. David Kanter,pr.7, questioned space allocations and computations. � � John Farrington clarified allocations and computations. 10:40 p.m. Sam Silverman,pr.5, questioned parking space allocations. Mr. . Farrington clarified. � 10:41 p.m. Marianne Lazarus,pr.6, questioned changes in building use and space. . 10:42 p.m. Following a voice vote,the Moderator DECLARED,with more than the � . required TWO-THIRDS vote,the MOTION ADOPTED. 10:43 p.m. Selectman Jeanne Krieger moved the meeting be adjourned. 10:43 p.m. Following a voice vote the Moderator declared the motion ADOPTED and the meeting adjourned until 8:00 p.m., Monday,Apri19, 2001, Museum of Our National Heritage Auditorium. � A true copy. ,� Attest: �7�i�._ Donna M. Hooper, Town lerk � , _' 40 2001 ANNUAL TOWN MEETING Apri19,2001 ' The fifth session of the 2001 Annual Town Meeting was called to order by Moderator Margery M. Battin, at 8:00 p.m., in the Museum of Our National Heritage Auditorium, 33 Marrett Road. A quorum of 175 members was present. . The Moderator declared a recess for Representative Jay Kaufman to recognize 14 National Merit Scholars. Mr. Kaufman then reported on the three home rule petitions from Lexington, as passed at �� previous years town meeting, which became law in the 20001egislative session: J • H4893,An Act relative to the Conservation Commission in Lexington,Chapter 412 of:the Acts of 2000; • H5212,An Act providingfor noncriminal enforcement of the rules and regulations of the Historic Districts Commission in Lexington,Chapter 426 of the Acts of 2000; • H5351,An Act relative to utility lines in Lexington,Chapter 424 of the Acts of 2000. 8:14 p.m. The Moderator declared the meeting in session,reminded town meeting on procedures, and declared Article 21 before the meeting. 8:16 p.m. 1'resented by Andrew Friedlich,pr.5. Mr. Friedlich moved: ARTICLE 21: REZONING PROPOSAL, 7 HARTWELL AVENUE MOTION: That the Zoning By-Law of the Town of Lexington be Approved by �ended by changing the allowed uses in the CD-1 Controlled Atty General Commercial and Industrial District to those allowed in Section 4, Table 1 � Tom Reilly August 30, 2001 of the Lexington Zoning By-Law, lines 6.11 (Real estate development, Posted: management), 6.12 (Finance, credit, investment but not a bank), 6.14 S ep t emb e r 2 0, 2 0 01 �professional services such as law, engineering, architecture, consulting service), 6.17 (Office of manufacturer's representative or salesman with no sales or storage and distribution of products from the premises), r 7.15a(automatic teller machine). � This action amends the action of the 1979 Annual Town Meeting held April 30, 1979 that rezoned the land, commonly known as 7 Hartwell � Avenue to the CD-1 District. � � 8:16 p.m. Andrew Friedlich requested the Moderator recognize Mr. Tom Cox,�IP � • Citizens Bank. Mr. Cox presented the article for consideration. _ 8:23 p.rn. Saxa Chase,pr.3, moved the Report of the Planning Board on Article 21 be ACCEPTED AND PLACED ON FILE. 8:23 p.m. �ollowing a unanimous voice vote, the Moderator declared the Report of the Planning Board on Article 21 ACCEPTED ANI� PLACED ON FILE, 8:23 p.m. Sara Chase,pr.3, presented the position of the Planning Board, recommending adoption. 8:25 p.m. Leo McSweeney reported unarumous support of the Board of Selectmen, with Selectman Dawn McKenna abstaining. 8:27 p.m. Sam Silverman, pr.5, questioned the abandoned way behind the bank. Tom Cox explained ownership is uncertain. 8:27 p.m. Joel Adler,pr.l, questioned the status of the bank's Automatic Teller ;r-� Machine. Mr. Cox explained the ATM dvould remain, ' i 8:29 p.m. Joel Adler, pr.l, questioned the traffic pattern and if a traff c study had --� been conducted. Mr. Cox explained proposed use would reduce traffic. , 8:31 p.rn. Elaine Dratch, pr.5, urged consideration of tra�c impact with loss of banking at Hartwell Avenue and questioned the number of customer transactions at the Hartwell Avenue site. Mr. Cox explained the bank had not been operating for over a year. . 8:33 p.m. Ephraim Weiss, pr.5, questioned the abandoned way. Mr. Cox responded the bank rights would not be exercised. Town Counsel Norman Cohen explained often the abutters own to the centerline of abandoned ways. � ____ __ _ _-- ---_ _ ___ _ �_ _ __ _ _ _ . _ __ __ --__ _ _______ Ad'ourned Session o 2001 Annual Town Meetin -A ril 9� zool 41 � f g p 8:34 p.m. Planning Director Glenn Garber�ommented further on the abandoned way. ' 8:38 p.m. Thomas Fenn, pr.9, questioned Mr. Cox on restricting bank use at the site, possible incoming tenant, and traffic impact if bank use is removed. ' Mr. Cox explained it is the intent of Citizens Bank to sell the property. 8:42 p.m. Planning Director Glenn Garber explained the Planning Board point of view on the building usage. 8:44 p.m. Tom Fenn,pr.9, questioned site use for a restaurant. Glenn Garber explained the motion would not permit restaurant usage. � 8:45 p.m. David Kanter,pr.7, spoke in support. -- 8:45 p.m. Susan Elberger, pr.9, moved the question. 8:46p.m. Following a voice vote on if the main question shall now be put,the Moderator declared the MOTION ADOPTED and the main question now before the meeting: 8:46 p.m. With more than twenty persons doubting the vote,the Moderator called for a standing vote on if the main question sha11 now be put, tallied as follows: PCT YES NO ABSTAIN 1 5 10 2 9 5 3 2 14 4 12 5 5 6 8 6 10 7 7 13 2 8 � 11 4 9 12 5 AL 6 4 1 TOTAL 86 64 1 8:50 p.m. The Moderator declared,with 86 in favor and 64 opposed, the main - question now before the membership. 8:50 p.m. Following a voice vote, the Moderator declaxed, with more than the TWO- THIRDS vote required,the MOTION ADOPTED. 8:51 p.m. The Moderator declared the meeting open under Article 22. � • 8:51 p.m. Presented by Joyce Miller,pr.7. Ms. Miller moved: ARTICLE 22: CONSERVATION LAND TRANSFER � MOTION: That this article be INDEFINITELY POSTPONED. 8:51 p.rn. Following a unanimous voice vote,the Moderator declazed the MOTION ADOPTED. , 8:52 p.m. The Moderator declared the meeting open under Article 23. ARTICLE 23: CONSERVATION LAND ACQUISITION 8:52 p.m. Joyce Miller,pr.7, spoke on Wright Farm negotiations and plans to retain a land planner to get a good sense of the land value. Ms. Miller stated the Conservation Commission's intent to postpone this article to a Fa11 Special Town Meeting. ., 8:53 p.m. Joyce Miller,pr.7, moved: MOTION: That this article be INDEFINITELY POSTPONED. . 8:53 p.m. Following a unanimous voice vote,the Moderator declared the MOTION ADOPTED. 8:56 p.m. The Moderator declared the meeting open under Article 25. 4 � Adjourned Session of 2001 Annual Town Meeting-April 9, 2001 8:56 p.m. Presented by Selectman Dawn McKenna. Ms. McKenna moved: ARTICLE 25: SALE OF LAND TO ABUTTER MOTION: That the Selectmen be and they hereby aze authorized to convey the land described in the Article to the owner of abutting property for a price of not less than twelve thousand five hundred dollars and on such other terms as the Selectmen may determine, but including a prohibition of any building on such land and a prohibition on any future division of combined lots presently identified as lots 9, 10 and/or 11 on Assessors' Property Map 31. . � -, . 8:56 p.m. Selectman McKenna spoke on the lot status, future options for restriction, I I and unanimous support of by the Board of Selectmen. `�°� 8:57 p.m. Sheldon Spector, pr.6, questioned authority to lift any restriction in the future, and role of town meeting. 8:57 p.m. Eric Michelson, pr.l, presented the Majority Report of the Appropriation Committee (7-2) in support of the motion. ;�,� 8:59 p.m. The Moderator declared a 3-minute recess to a1�'the Capital Expenditures Committee to caucus. `�'� 9:00 p.m. With the meeting called back in session, Charles Hornig reported the majority of the Capital Expenditures Committee opposes the motion, seeing no value to the town in selling the property at this time. 9:01 p.m. Andrew Friedlich, pr.5, questioned if the abutter is amenable to the restrictions. Selectman McKenna reported�the abutter was agreeable, explained the competitive bid process, and price derived. 9:04 p.m. Andrew Friedlich,pr.5, questioned site improvements and possible offset in price. Selectman McKenna reported no offsets would be made. 9:04 p.m. Marianne Lazarus, pr.6, questioned if the owner could build closer to r � Follen Road. Selectman McKenna reported the owner could build up to � the current property line but not on the 10,000 SF parcel. , 9:06 p.m. David Kanter, pr.7, questioned if non-abutters were eligible to purchase the property. Selectman McKenna reported yes,non-abutters could bid. . , 9:07 p.m. Ephraim Weiss, pr.5, spoke in opposition, and lot usage options. �. � , 9:08 p.m. Anthony Galaitsis,pr.6, questioned allowable building placement on lots. Selectman McKenna clarified. � 9:10 p.m. Paul Lapointe,pr.2, encouraged support. 9:11 p.m. George Burnell, pr.7, questioned the estimated value if properly is split and second house constructed; estimated at$525,000 if buildable. 9:12 p.m. Robert Bowyer,pr.3, questioned proceeds from sale. Town Counsel Norman Cohen explained the funds would go into the "Sale of Real Estate Account" for the purchase of other real estate or to retire debt. 9:14 p.m. Roger Borghesani,pr.8, spoke in opposition. 9:15 p.rn. Town Counsel Norman Cohen reported he has received no indication from the abutter of any intent to build or expand. � 9:16 p.in. Alan Lazarus, pr:6, spoke in opposition and of future rights. I 9:16 p.m. George�urnell,pr.7, spoke in opposition due to perceived property value � as a separate lot. Town Counsel Norman Cohen clarified that the appraisal referenced a separate building lot,which it is not. ' 9:17 p.m. David Harris, pr.4, spoke in support. 9:19 p.m. Paul Chernick, pr.6, questioned setback changes and the possibility of adding a restriction requiring a reduction in the`setback. Selectman McKenna reported that,to do so, the process would have to be started � from the beginning, 9:21 p.m. Davic�Kaufman,pr.6, questioned Town Counsel on abutter usage for 20 years, if that constitutes ownership by adverse possession. Town Counsel Norman Cohen believed it would. ---__ _ - __-- - _ __ _ -_ - � - - _ _ _ _ _ _ _ _ _ __ _--_ ___ --------- Adjourned Session of 2001 Annual Town Meeting-April 9, 2001 -T " 9:21 p.m. . Frank Sandy,pr.5, questioned possibilities for building a roadway. Antho��alaitsi5,pr:6 and Planning Boaxd,addressed possibilities and explained lots have insufficient square footage for a roadway to be built. 9:24 p.m. James Barry,pr:l, spoke in favor. ' 9:25 p.m. Jane Trudeau,pr.7, questioned how long the restriction would be in force. Town Counsel Norman Cohen explained it would be a permanent restriction. 9:26 p.m. Anthony Close,pr.9, moved the question. 9:26 p.m. Following a voice vote on if the main question should now be put,the Moderator declared the MOTION ADOPTED and the main question now . before the meeting. 9:26 p.m. Following a voice vote, the Moderator declared the MOTION ADOPTED. 9:27 p.m. � The Moderator declared Article 26 now before the meeting. 9:27 p.m. Presented by Robert Cunha,pr.2. Mr. Cunha moved: ARTICLE 26: RETIREMENT BOARD MOTION: That this article be INDEFINITELY POSTPONED. 9:27 p.m. Following a voice vote,the Moderator declared the MOTION ADOPTED. 9:27 p.m. The Moderator declared Article 27 now before the meeting. 9:27 p.m. Presented by Selectman Peter Enrich. Selectman Enrich moved: ARTICLE 27: FUND POST RETIREMENT HEALTH INSURANCE MOTION: That the Selectmen be and they hereby are authorized to petition the General court for an Act to provide for post refirement health care funding and supplementary retirement annuities for Town employees. _.; 9:27 p.m. Selectman Enrich explained intent for the filing of the home rule for post . � retirement benefits and reported Board of Selectmen's unanimous support. 9:28 p.m. Alexander Nedzel,pr.3, reported the Appropriation Committee's . unanimous support. � � 9:29 p.m. Following a unanimous voice vote,the Moderator declared the MOTION . , ADOPTED. � . 9:29 p.m. The Moderator declared the meeting open under Article 28. 9:29 p.m. Presented by Selectmen Leo McSweeney. Selectman McSweeney moved: ARTICLE 28: ACCEPT SECTIONS OF MGL CHAPTER 59 MOTION: (a) That the Town accept Section SK of Chapter 59 of the General Laws; (b)That the Town accept the last paragraph of Section 5 of Chapter 59 of the General Laws. 9:29 p.m. Selectman McSweeney explained the senior tax work-off program and reported the Board of Selectmen's unanimous support. 9:31 p.m. Following a unanimous voice vote,the Moderator declared the MOTION ' ADOPTED. � �y 9:31 p.m. The Moderator declared the meeting open under Article 29. ' 9:31 p.m. Presented by Selectman Peter Enrich. Selectman Enrich moved: ARTICLE 29: ADOPT CODE OF THE TOWN OF�,EXINGTON MOTION: (a) That the Town adopt the recodification of the General By- Laws and Zoning By-Law as prepared by General Code Publishers as on file in the Office of the Town Clerk; and(b) approve the changes to the � Gene'ral By-Laws and Zoning By-Law as shown in the document on file in the Office of the Town Clerk, a copy of which is provided to all town meeting members. 4 � Adjourned Session of 2001 Annual Town Meeting-April 9, 2001 Document on file with Town Clerk: Change Requested Action ' 1 Amend Chapter 1,General Provisions,Article II,Use and Construction,of the General Bylaws to update the fine schedule for violations of Board of Health regulations in §1-6,Noncriminal Disposition,to delete the references to the following chapters,which have been rescinded by the Board of Health: Chapter I,Diseases � � ., o Chapter II,Milk Regulations �e b �, •,� Chapter VI,Ice a�i °+�' ° � Chapter VIII,Slaughtering � � � a Chapter IX,Offensive Trades,Occupations and Practices 0 3 Chapter X,First Aid Appliances in Factories and Shops a''i � a a Chapter XI,Child Care Centers � � o ro ,��, Chapter XII,General Provisions � o A � Chapter XIII,Governing Bathing Places � �,M • �� 2 Amend Chapter 43,Earth Fill and Removal,of the General Bylaws to change"Building ° � o N Inspector"to"Building Commissioner" in §43-1A. }-� CO N 4-I � . �� o .� 3 Amend Chapter 90,Officers and Emp(oyees,of the General Bylaws to change"draw,supervise � � N o the drawing or approve all contracts"to"draw or supervise the drawing or approval of all „� � � � contracts" in §90-25. � •rl p U O R'+ � 4a � �, ,� 4 Amend Chapter 97,Public Conduct,of the General Bylaws to change"placed at a height of no a o a�''i o less than four feet"to"placed at a height of(ess than four feet"and to change"removing a copy so � E' �' �' posted"to"removing such copy as posted"in§97-7B. 5 Amend Chapter 107,Reports and Fees,of the General Bylaws to: A. Add"over"before"5,000 to IO,OOO lbs."and before"1000 to 5,000" in the table"Balances and Scales"in §107-3. B. Delete Section 4,which listed fees of the Board of Health. 6 Amend Chapter 135,the Zoning Bylaw to: A. Change all references to the"Building Commissioner"and"Zoning Officer"to read" Building Commissioner or designee'°. B. Change"planned residential development"to"residential development'° in the definitions of "cluster subdivision"and"special residential development"in §135-8 and in §135-16H(1)(d). r"'I � C. Change"variances-to authorize"to"T'he Board of Appeals may authorize"in §135-1 OB. D. Change"to link"to"may link"in§135-12C(3)(b). E. Add"The general objectives ofthis section are to:"in§135-18A. � 9:31 p.m. Selectman Enrich explained the benefits to the Town in adopting a Code, � process undertaken, and requested changes to be voted. Selectman Enrich reported the Board of Selectmen's unanimous support and noted the required TWO-THIRDS vote for � a.doption. � � 9:34 p.m. David Kanter, pr.7, questioned electronic availability of the documents on the web. Selectman Enrich explained phase II would provade for electronic access. 9:35 p.m. Alan Lazarus,pr.6,moved postponement until Wednesday, April 11. Following a voice vote on postponement,the Moderator declared the Motion NOT ADOPTED. 9:37 p.m. Scott Burson, pr.4, questioned if a conflict were to exist between an actual vote of Town Meeting and the By-Laws,which would prevail. Town Counsel Norman Cohen explained the codifier has made corrections and that by re-adopting the By-Laws under this vote this document would prevail. �� i 9:38 p.m. Marianne Lazarus; pr.6, inquired about a Planning Board report. Planning Director Glenn Garber reported the codification of the By-Law has been handled as an --' editorial and administrative process and reviewed line by line. 9:40 p.m. Frank Sandy,pr.6, questioned action requested by this motion. 9:40 p.m. Ephraim Weiss, pr.5, spoke in favor of the process and sought further clarification from the Planning Department. Planning Board Chairman Anthony Galaitsis . recognized Planning Director Glenn Garber who further clarified By-Law review and the detail of staff scrutiny. . 9:42 p.m. Town Clerk Donna Hooper further clarified the codification process and departmental scrutiny of By-Law corrections and requested changes. -__-- _ ._ ___ ___ ___ r _ _ __ _ _ . _ __ _--_ ____-_____ __-__ Adjourned Session of 2001 Annual Town Meeting-April 9, 2001 4 5 9:44 p.m. James Osten, pr.8, questioned clarification of wording and Code adoption if further errors should be detected. Town Counsel Norman Cohen clarified the Code adopted this evening would apply. 9:46 p.m. Charles Hornig,pr.8, questioned copyright ownership and cost for Code reproduction. Town Clerk Donna Hooper responded. 9:47 p.m. Fred Martin,pr.7, questioned what's being voted this evening. 9:47 p.m. Following a voice vote,the Moderator declared,with more than the required TWO-THIRDS vote, the MOTION under ARTICLE 29 ADOPTED. � 9:47 p.m. The Moderator declared the meeting open under Article 30. , _ 9:48 P.M. Presented by Martha Wood,pr.7, Board of Health. Ms. Wood moved: ARTICLE 30: AMEND SECTION 6 OF ARTICLE I OF THE GENERAL BY-LAWS,NON-CRIMINAL DISPOSITION MOTION: That Section 6 of Article I of the General By-Laws (Chapter Approved by 155, Board of Health, of§1-6 of the Code of the Town of Lexington)be Atty General amended by adding the following thereto: Tom Reilly August 30, 2001 �icle XV Asbestos Removal, Containment and Encapsulation Posted: Sept. 20, 2001 Fine Schedule Article XV 1 S`offense: $100.00 2"d offense: $200.00 3`d offense: $300.00 9:48 p.m. Martha Wood explained the Board of Health's new asbestos regulations and the requested fine schedule for enforcement. 9:52 p.m. Selectman Catherine Abbott reported unanimous support of the Board of Selectmen. 9:52 p.m. Philip Morse-Fortier,pr.7, moved the following amendment: _�; AMENDMENT: Delete everything after "ls`offense...." And replace said section with the following: 15L offense: .075%of annual household income up to a maximum of$100.00 2"a offense: .I S%of annual household income up to a maximum of$200.00 3`d offense: .225%of annual household income up to a maximum of$300.00 � 9:54 p.m. Martin Long,pr.6, questioned determining household income. Mr. Morse- . Fortier responded he was uncertain. Town Counsel Norman Cohen � explained it is difficult to ascertain. � 9:56 p.m. Martha Wood questioned Mr. Morse-Fortier further. Mr. Morse-Fortier again responded he was uncertain and expressed a desire to withdraw the amendment. 9:57 p.m. Following a voice vote on withdrawal of the amendment, the Moderator declared the MOTION ADOPTED and AMENDMENT WITHDRAWN. 9:58 p.m. Sam Silverman,pr.5, questioned fines for offenses beyond the 3�d. Martha Wood explained she understood offenses to be governed by state statute. , 9:59 p.m. Myla Kabat-Zinn,pr.2, questioned the effect of the small value of the fines on compliance. Martha Wood explained the fines will be used as a stop-measure. �,� 9:59 p.m. Neal Boyle,pr.7, questioned Martha Wood on the Board of Health � pursuing court action against violators. Martha Wood explained court action is always an option. 10;01 p.m. Roger Borghesani,pr.8, summarized OHSA and federal fines, and questioned relationship of Board of Health regulations to State and Federal statutes. Martha Wood explained DEP & OSHA enforce their own regulations. . 4 6 Adjourned Session of 2041 Annual Town Meeting-April 9, 2001 10:01 p.m. David Kanter,pr.7, questioned the need to amend the�motion to reference any offenses beyond the 3`a, and moved the following amendment: AMENDMENT: Change "3'd" to "3`d and su�sequent". � 10:05 p.m. Following a unanimous voice vote,the Moderator declared the AMENDMENT ADOPTED. . 10:05 p.m. Following a voice vote,the Moderator declared the AMENDED MOTIOIV under ARTICLE 30 ADOPTED. 10:05 p.m. The Moderator declared the meeting open under Article 31. (� 10:05 p.m. Presented by Selectman Catherine Abbott. Selectman Abbott moved: ARTICLE 31: AMEND SECTION 6 OF ARTICLE I OF THE GENERAL BY-LAWS,NON-CRIMINAL DISPOSITION MOTION: That Section 6 of Article I of the General By-Laws (Chapter 156, Historic Districts Commission, of§1-6 of the Code of Lexington)be amended by adding the following thereto: Chapter 156,Historic Districts Commission Violations of Chapter 447 of the Acts of 1956 as amended and determinations, rulings and regulations issued thereunder Fine Schedule 15' offense: Warning 2"a offense: $50.00 3`d offense: $100.00 for each day the violation continues 10:05 p.m. Selectman Abbott explained the motion and r�ported the Board of Selectmen's unanimous support. � 10:06 p.m. Dan Fenn,pr.3 and Historic Districts Commission(HDC)member, spoke � in favor. --� . 10:07 p.m. Richard Michelson, pr.8, spoke�in opposition, commenting the Historic Districts Commission(HDC)has no guidance, everything being a personal opinion of its members. � 10:15 p.m. Paul Chernick, pr.6, questioned the fee structure and what constitutes an � offense. � . 10:16 p.m. Dan Fenn, pr.3, explained an offense as action without a certificate and � � further clarified issuance of citations. Town Manager Richard White and Building Commissioner Steve Frederickson further clarified. � 10:21 p.m. David Kanter,pr.7, questioned offenses and fines. 10:24 p.m. Selectman Catherine Abbott clarified the By-Law provides the town the opportunity to impose fines, not the obligation. 10:24 p.m. David Kanter,pr.7, sought further clarification and stated intent to vote in opposition. 10:25 p.m. Sheldon Spector, pr.6, questioned Dan Fenn and Richard Michelson on Historic District Commission guidelines. Dan Fenn responded that the HDC is working on guidelines. Richard Michelson commented the guidelines are still not yet done. 10:27 p.m. Neal Boyle, pr.7, spoke in opposition. 10:29 p.m. David Rudner, pr.2, questioned progress of HDC guideline development. Dan Fenn explained the process of documents is not completed. Da�id .� Rudner furthered with concern on th� lack of guidelines and schedule for completion. Dan Fenn explained no calendar deadline exists but will ' relay the concerns to the Commission. 10:30 p.m. Joel Adler,pr.l, spoke in opposition. 10:31 p.m. Dan F'enn, pr.3, explained the HDC does not generally extend to � shrubbery,unless the shrubs act as a shield. 10:32 p.me �ran� Sandy,pr.5, questioned the I�DC guidelines and impact on Cary Library cost overages. 10:33 p.rn. Dan Fenn,pr.3, explained major issues with Cary Library cost overages. ____ ___- --___ _ _ _ ___ � _ _ ___ __ __ _ _ _ _ _----- ____ -- _ ____ Adjourned Session of 2001 Annual Town Meeting-April 9, 2001 `t 7 10:34 p.m. Thomas Zimmer, pr. 8, questioned if the noncriminal fines are subject to a maximum of$300. Town Counsel Norman Cohen confirmed, and claxified fine enforcement. ' 10:36 p.m. Peter Kelley,pr.4, spoke in opposition and on the Cary Library process, changes in HDC membership, and lack of consistency in views. 10:40 p.m. Alan Lazarus,pr.6, spoke in opposition, opining that the fines cannot be appealed. Town Counsel Norman Cohen explained the appeal procedure. 10:41 p.m. David Williams, pr.5, questioned when the Town places a lien on a home due to Historic District Commission violations. Town Counsel Norman Cohen explained ---- he had never heard of such action being taken. 10:44 p.m. Michele Hutnick,pr.3,moved the question. 10:44 p.m. Following a voice vote,the Moderator declared the MOTION ADOPTED and the main question now put. 10:44 p.m. Selectman Catherine Abbott summarized the background for acceptance. 10:45 p.m. Following a voice vote,the Moderator declared the Motion NOT ADOPTED. 10:46 p.m. Selectman Abbott served NOTICE OF RECONSIDERATION on Article 31. 10:46 p.m. Se��tman Jeanne Krieger moved the meeting be adjourned until V1%ednesday,April 11, 2001. 10:47 p.m. Following a voice vote the Moderator declared the MOTION ADOPTED and the meeting adjourned until 8:00 p.m., Wednesday,April 1 l, 2001, Museum of Our National Heritage Auditorium. _ A true copy. Attest. ��7�� Donna M. Hooper, Tovv� Clerk � 48 2001 ANNUAL TOWN MEETING April ll,2001 . The sixth session of the 2001 Annual Town Meeting was called to order by Moderator Margery M. Battin, at 8:00 p.m., in the Museum of Our National Heritage Auditorium, 33 Marrett Road. A quorum of 164 members was present. The Moderator reported plans for reconsideration of the following articles on Monday, May 14, 2001: Article 14,Article 31,Article 4, line item 3000, and Article 8 (b) possibly. �� 8:06 p.m. The Moderator declared the meeting open under Article 2. � 8:06 p.m. Andrew Friedlich, pr.5,reported on upcoming Community Conversation meetings to discuss the Pay as you Throw program. 8:07 p.m. Paul Hamburger reported on the Appropriation Committee plans on Article 36, amending to make the PAYT program revenue neutral. 8:08 p.m. Selectman Peter Enrich reported on the PAYT for the Selectmen, explaining there is no need to reopen Article 4, line item 3000 to make the program revenue neutral. 8:08 p.m. Peg Perry presented a Report on the Lexington 2020 Vision. 8:16 p.m. The Moderator declared the meeting open under Article 32. 8:17 p.m. Presented by Selectman Peter Enrich. Mr. Enrich moved: ARTICLE 32: AMEND GENERAL BY-LAWS—CONTRACTS Approved by MOTION: That Section 1 of Article XXII of the General By-Laws Atty General (Chapter 32, Contracts and Deeds, §32-1 of the Code of the Town of Tom Reilly Lexington)be amended by changing the figure "$10,000"to "$25,000" August 30, 3001 each time it appears. Posted: sept. 20,?�0��p m. Mr. Enrich explained requested action. � 8:18 p.m. George Burnell reported unanimous support of the Capital Expenditures Committee. 8:18 p.m. Following a unanimous voice vote,the Moderator declared the MOTION ADOPTED. . 8:18 p.m. The Moderator declared the meeting open under Article 33. � 8:18 p.m. Presented by Selectman Jeanne Krieger. Ms. Krieger moved: � � ARTICLE 33: NOISE BY-LAW � MOTION: That the General By-Laws be amended by adding a new Approved by Chapter XXXXV thereto (Chapter 80,Noise Control, §80-1 of the Code of Atty General �� Tom Reilly the Town of Lexington) entitled Noise Control and that Section 6 of August 30, 2001 Article I of the General By-Laws(Chapter 80,Noise Control, of§1-6 of Po s t e d: the Code of the Town of Lexington)be amended, all as shown in the Sept. 20,2001 document on file in the Office of the Town Clerk, a copy of which is provided to all Town Meeting Members. --------------------- GENERAL BY-LAWS: ARTICLE XXXV Noise Control Section 1: Preamble. r�' The Town of Lexington finds that Excessive or Unwarranted Noise jeopardizes the health, safety, and welfare and degrades the quality of life of its citizens. —� Section 2: Intent and Purpose. . The purpose of this By-Law is to protect the citizens of Lexington from Excessive or Unwarranted Noise. No person owning, leasing, or controlling a source of sound shall willfully, negligently, or through failure to provide necessary�quipment, service, or maintenance or to take necessary precautions cause, suffer, allow, or permit Excessive or � Unwarranted Noise. This By-Law shall apply to the control of all sound originating within the limits of the Town of Lexington and shall be consistent in scope and application with the relevant state and federal statutes and regulations. Noise related provisions of Article XXVIII, Animals,may be enforced under this By- Law. . ---- ___ ___ - - ___ _ __ _ � __ _ ._ _ _ _ _ _ ___ - --_ Adjourned Session of 2001 Annual Town Meeting-April l l, 2001 � J All town departments and agencies shall,to the fullest extent consistent with federal and state laws and regulations, carry out their programs in such a manner as to comply with this By-Law. Provisions in this By-Law shall not apply to any activity to the extent regulation thereof has been preempted by State or Federal law. . Section 3: Definitions. When used in this By-Law,the following definitions shall apply: 3.1 Broadband Noise: Any sound that contains a broad range of tonal sounds. 3.2 Construction: Any site or building preparation, assembly, erection, substantial �' repair, alteration, destruction or similar action for public or private rights-of-way, � structtxres, utilities, or similar property. �--- 3.3 Emergency: Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage. 3.4 Emergency Work: Any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency. 3.5 Excessive or Unwarranted Noise: Any noise that disturbs a reasonably prudent person or results in Noise Pollution or Noise Injury. 3.6 Motor Vehicle: Any vehicle which is propelled or drawn on land by a motor, such as, but not limited to, passenger cars,trucks,truck-trailers, semi-trailers, campers, tractors, go-carts, snowrnobiles, a11-terrain vehicles,motorized scooters,racing vehicles, or motorcycles. 3.7 Noise Injury: The condition resulting from any sound that: (a) could cause, or allow to cause injury to the health of humans; (b) endangers or injures personal or real properiy; or (c) exceeds the applicable maximum permissible noise levels, [as set forth in the Air-Force Regulation AFOSHSTD 48-19, "Hazardous Noise Program"]. 3.8 Noise Level: Measured property of sound, expressed in decibels (dB), obtained with a Type I or II sound level meter as specified under American National Standards Iristitute (ANSI) standards. �..-- 3.9 Noise Pollution: The condition resulting when: . (a) a broadband sound source raises the noise level by 10 or more dBA above the ambient noise; or . (b) a tonal sound source raises its octave band noise level by 3 decibels br more above the adjacent octave band levels. � These threshold levels are identical to those iri the DAQC 90-001 (2001). . , 3.10 Tonal Sound: Any sound that has the characteristics of a pure tone,whine,huxn or � buzz. Section 4: Prohibition of Excessive or Unwarranted Noise. Generation of Excessive or Unwarranted Noise is prohibited, except as provided by Sections 5 and 8 of this By-Law. In addition;the following restrictions shall apply: 4.1 Construction/Private Service/Maintenance Power Equipment Motorized devices and equipment engaged in construction shall be prohibited from use during the hours of 8:00 p.m. to 7:00 a.m., or as otherwise restricted by a Town of I,exington permit. 4.2 Commercial Trash Collection The operation of commercial trash compactors or collection of trash, rubbish, refuse or debris, which genera�es Excessive or Unwarranted Noise at any point of public or common pass-by after 11:00 p.m. and before 6:00 a.m. is prohibited. 4.3 Commercial Deliveries or Pick-ups Deliveries�or pick-ups for commerciL�l or business purposes between 11:00 p.m. and 6:00 �� a.m. are prohibited unless the noise level of such deliveries or pick-ups in nearby residential areas does not cause Excessive or Unwarranted Noise. ' 4.4 Electronic Devices and Musical Instruments No person owning, leasing or controlling the operation of any electronic device or musical instrument shall willfully or negligently cause or permYt Excessive or Unwarranted Noise. � 4.5 Fixed Plant Equipment Excessive or Unwarranted Noise caused by fixed plant equipment such as,but not limited � to, air conditioners,pumps, fans, furnaces, compressors, engines,ventilation equipment and similar fixed plant equipment is prohibited. 5 O Adjourned Session of 2001 Annual Town Meeting-April I1, 2001 4.6 Motor Vehicle Alarms � No person owning, leasing,renting or otherwise in control of a motor vehicle will permit the sounding of any horn, alarm or other signaling device for any period of time exceeding ten(10)minutes. Automatic alann systems must be programmed to reset within ten(10)minutes and rriay not activate again within the next sixty (60)minutes. A police officer observing any horn, alarm or other signaling device that fails to comply with this section will direct an owner, operator,renter or person in control of the vehicle to silence the motor vehicle alarm. If, after making a reasonable attempt to contact the vehicle owner, operator, renter or person in control of the vehicle (or if that person refuses to comply),the officer may enter the vehicle to shut-off or otherwise disconnect the power source. If unsuccessful, an authorized towing agency may be used to remove '� the motor vehicle to an approved storage area. The registered owner of the motor vehicle will be responsible for all reasonable costs, charges and expenses incurred for the silencing of the alarm, removal and/or storage of the motor vehicle. 4.7 Stationary Engine Run-u� Permitting, allowing or causing generation of Excessive or Unwarranted Noise at any point of public or common pass-by through the unnecessary operation of the engine of a motor vehicle while said vehicle is stopped for a foreseeable period of time in excess of five minutes is prohibited. 4.8 Domestic Mechanical Equipment The outdoor use of domestic mechanical equipment such as lawn mowers and power saws between the hours of 9:00 p.m. and 7:00 a.m. is prohibited. Section 5: Exemptions. The provisions of this By-law shall not apply to sounds emitted during or associated with: (a)police, fire, and civil and national defense activities, or in training exercises related to . emergency activities; (b)parades,public gatherings, or sporting events, for which permits have been issued or which are supervised by the school department or the parks and recreation department; (c) non-commercial public speaking and public assembly activities as guaranteed by state and federal constitutions; --� (d) operation of a farm or any ancillary or related activity that is an ordinary aspect of fanning; .� � (e) emergency work including,but not limited to,the operation of any mechanical device, apparatus, vehicle, or equipment used in connection with an emergency; , (fl snow removal activity; and (g) any activity to the extent the regulation thereof has been preempted by State or � Federal laws or regulations. � . , These exemptions shall not apply if the noise is determined to exist as the result of . � . negligent conduct or actions inconsistent�vith generally accepted practices. Section 6: Measurement of Excessive or Unwarranted Noise. A determination that Excessive or Unwarranted Noise is caused by a given noise source will be made in accordance with Section 3.8. To determine if there is a noise violation on private property,the noise measurements shall be made at the boundary of the property in which the offending sound source is located. To determine if there is a noise violation in public spaces, the noise measurements shall be made at any location a passerby might lawfully occupy. Section 7: Enforcement and Penalties. The police, fire, health or inspectional services departments, or any designee thereof, shall have power to enforce this By-Law. Any person who violates any provision of this By-Law, if convicted, shall be guilty of a _ misdemeanor and shall be fined an amount not to exceed$50.00 (fifty dollars)per first violation. Additionally, any person violating this By-Law is also subject to the penalties under Article I, Section 6 of the General By-Law. The imposition of a penalty for any violation shall not excuse the violation or permit it to continue. Each day that such ' violation continues shall be considered a separate offense. � Section 8: Snecial Permits. (a) The Board of Selectmen, or its designees, may�ssue a special permit for any activity otherwise forbidden by the provisions of this By-Law. A person seeking such a permit should make a written application to the Board of Selectmen, or designee, on the appropriate form, which shall be • available at the office of the Selectmen or its designee. _ __._ __ _ -- -- ____ - _ _ � _ __ _ _ __ _ __ _ _ _ ___ Adjourned Session of 2001 Annual Town Meeting-April 11, 2001 � � (b) The Board of Selectmen,or its designees, may issue guidelines defining the criteria to be considered and the procedures to be followed in applying for a special permit. The following criteria shall be considered when deciding whether to issue a special permit: ' (1) whether the cost of compliance will cause an applicant excessive financial hardship; and . (2) whether the proposed additionat noise will have an excessive impact on neighboring citizens. Section 9: Severabilitv. If any section,pazagraph or part of this By-Law is for any reason declared invalid or � unconstitutional by.any court, every other section,paragraph and part shall continue in full force. � `� - Section 10: Relationshin to Other B -y Laws. Nothing in this By-Law shall be construed to restrict, amend; repeal, or otherwise limit the application or enforcement of existing Town of Lexington By-Laws or Commonwealth of Massachusetts�laws. Section 11: Rules and Regulations. The Board of Selectmen, or its designees, may promulgate, after public notice and hearing, Rules and Regulations to effectuate the purposes and intent of this By-Law. However, failure by the Boazd of Selectmen to promulgate such Rules and Regulations sha11 not act to suspend or invalidate the effect of this By-Law. GENERAL BY-LAWS ARTICLE I—General Provisions, Section 6. Amendment to Non-Criminal Penalty Provisions In Article I, Section 6 of the General By-Laws, following the paragraph listing the fine schedule for Article��II, add the fine schedule for the Article XXXV: Article XXXV Noise Control Fine Schedule: 1 st offense- $50.00 per violation � � 2nd offense - $100.00 per violation �-- 3rd and subsequent offenses - $200.00 per violation --------------------------- 8:19 p.m. Selectman Krieger explained the requested By-Law and noted the April . l lih version for which an update has been provided to all members. �Ms. Krieger reported unanimous support of the Board of Selectrnen. . , 8:20 p.m. Anthony Galaitsis,pr.6 and Julian Bussgang of the Noise By-Law � . committee presented comments on need for the By-Law. 8:34 p.m. Martha Wood,pr.9, reported unanimous support of the Board of Health. 8:35 p.m. Marilyn Alwan, 4 Raymond St., spoke in support and questioned monitoring of fixed-plant equipment. Mr. Galaitsis responded. � 8:38 p.m. David Kanter,pr.7, spoke in general support but explained he would be presenting two amendments. 8:39 p.m. David Kanter,pr.7,moved the following amendment: AMENDMENT: . l. In sec 3.7 (c ): Change "[as set forth in the Air-Force Regulation AFOSHSTD 48-19, 'Hazardous Noise Program']." To "Air Force ' Standard AFOSHSTD 48-19, 'Hazardous Noise Program', dated 31 March 1994." 2. In Sec 3.8: Change "expressed in decibels (dB)," with "which for the purpose of this By-Law, will be expressed in A-weighted decibels (dBA),". 3. In Sec 3.9: Change "DAQC 90-001 (2001)" to "Massachusetts Division of Air Quality Control (DAQC)Policy 90-001 (2001)". 4. In Sec 4.1: Change "during" to "between" and "to" to "and". 5. In Sec 4.2: Change "after" to "between the hours of' and delete °'before". . 8:40 p.m. Anthony Galaitsis spoke in favor of the amendment on behalf of the Committee. 8:40 p.m. Following a unanimous voice vote, the Moderator declazed the AMENDMENT ADOPTED. 5 � Adjourned Session of 2001 Annual Town Meeting-April l l, 2001 8:40 p.m. David Kanter, pr.7, moved the following amendment:� AMENDMENT: In Section 4: In the introductory clause, change "restrictions" to "restriction"; delete in their entirety Sec 4.1-4.5 and 4.7- � 4.8; and renumber Sec 4.6 as 4.1. 8:40 p.m. David Kanter presented the reasoning for his amendment to remove the sections so noted. 8:43 p.m. Noise Committee Member Julian Bussgang explained the Committee opposed the amendment. " �'I 8:44 p.m. Anthony Galaitsis of the Noise Committee compared the proposed �--' restrictions with those of other towns. 8:47 p.m. Jeanne Krieger reported the Board of Selectmen unanimously opposed the amendment. 8:47 p.m. Ephraim Weiss,pr.5, inquired about noise criteria for days and evenings. 8:48 p.m. Anthony Galaitsis, pr.6, explained the criteria and noise pollution/noise injury definitions, explaining no day or night criteria differences. 8:50 p.m. Sheldon Spector,pr.6, spoke in opposition. 8:51 p.m. Following a voice vote on the amendment,the Nloderator declared the AMENDMENT NOT ADOPTED. 8:52 p.m. Marina Smith,pr.4, questioned exterior exhaust fan noise and recourse for permits issued for ongoing noise. Selectman Jeanne Krieger explained the specifics had not yet been worked out but there would be opportunity for public comment. 8:53 p.m. Robert Coyne, pr.7, questioned residential burglar alarms. Committee member Julian Bussgang explained burglar alanns are not exempt,but restricted. 8:55 p.m. Anthony Galaitsis explained burglar alarms for homes fall under another jurisdiction. Police Chief Christopher Casey confirmed another By-Law addresses --1 burglar alarms. � 8:56 p.m. Sheldon Spector,pr.6, questioned exempt items and intention for public I and private worko Anthony Galaitsis explained exemption was for both. 8:57 p.m. Sheldon Spector, pr.6, followed-up with questions regarding citizens making emergency repairs. Anthony Galaitsis replied it was assumed the resident would � hire a contractor. � . � 8:58 p.m. Ephraim Weiss,pr.5, raised a technical correction in wording. � . Anthony Galaitsis deferred to Town Counsel William Lahey who advised on wording acceptability. Mr. Weiss agreed to current wording. � 9:00 p.m, Sam Silverman, pr.5, questioned section 7. Town Counsel William Lahey responded that both court action and non-criminal disposition fines are available options. 9:03 p.�n. Sam Silverman, pr.5, questioned discretion. Town Counsel explained the discretion is of the enforcement entity. 9:04 p.m. Fred Martin,pr.7, questioned By-Law governance over recreational vehicles such as dirt bikes. 9:05 p.m. Anthony Galaitsis,pr.6, confirmed dirt bikes were subject to this By-Law. 9:07 p.m. Nancy Cannalonga,pr.3, spoke in opposition. 9:08 p.rrn. � Maria-Elena Kostorizos, pr.l, questioned By-L,aw applicability to arumals. 9:09 p.m. Committee member Julian Bussgang explained the applicability. ' 9:11 p.m. Loren Wood, pr.3, moved the following amendment: AMENDMENT: In 4.1 add "that generate excessive or unwarranted noise" between the words "construction" and "shall"; and in 4.8 add "that generate excessive or unwarranted noise" � between the words "equipment" and "such". 9:11 p.rn. Anthony Galaitsis reported the Committee's opposition. 9:13 p.m. David K�nter, pr.7, spoke in support. 9:13 p.m. Jeanne Krieger reported the unanimous opposition of the Board of Selectmen and encouraged support of main motion. _-_ _ _ ___ _ _ _ _ _ _ -- --_ 1 Adjourned Session of 2001 Annual Town Meeting-April I1, 2001 � 3 9:14 p.m. Jed Snyder, pr.5, questioned noise generated from within a home. 9:16 p.m. Anthony Galaitsis explained the By-Law restricted only outdoor noise. 9:16 p.m. Sheldon Spector,pr.6, questioned special permitting. 9:17 p.m. George Burnell called the question on the amendment and main motion. ' 9:17 p.m. Following a voice vote on if the amendment sha11 now be put,the Moderator declared the MOTION ADOPTED and 3 minutes to the maker of the amendment. Mr. Wood spoke no further. 9:18 p.m. Following a voice vote on the amendment,the Moderator declared the AMENDMENT NOT ADOPTED. - 9:18 p.m. Following a voice vote on if the main question shall now be put,the Moderator declared the MOTION ADOPTED. 9:19 p.m. Following a voice vote on the main question as amended,the Moderator declared Article 33, as amended,ADOPTED. 9:19 p.m. The Moderator declared the meeting open under Article 34. 9:19 p.m. Presented by Selectman Peter Enrich. Mr. Enrich moved: ARTICLE 34 TREE BY-LAW MOTION: That the General By-Laws be amended by adding a new Chapter XXXVI thereto (Chapter 120, Trees, §120-1 of the Code of the Town of Lexington) entitled "Trees" and that Section 6 of Article I of the General By-Laws(Chapter 120, Trees, of§1-6 of the Code of the Town of d y� Lexington) be amended, all as shown in the document on file in the Office ~� G � w °G° o of the Town Clerk, a copy of which is provided to all Town Meeting b rt m Members. o W `� C o W ------------------------- � � � a Town of Lexington Tree By-law " o� Cn r rt (p ... _..: Section 1: Preamble rt b�c w o � The Town of Lexington finds that mature trees have aesthetic appeal, contribute to the � rt n distinct character of certain neighborhoods, improve air quality, provide glare and heat `� a� o w •• rt . protection, reduce noise, aid in the stabilization of soil,provide natural flood- and � � �, � climate-control, create habitats for wildlife, enhance property values and provide natural ~rt � . privacy to neighbors. � � � . � �- � . rt to n w K tv . Section 2: Intent and Purpose � N � This by-law is enacted for the purpose of preserving and protecting both Public Shade oo � � . Trees pursuarrt to General Law Chapter 87 and certain trees on portions of private � o � property. To achieve these purposes, this by=law establishes a Tree Committee and � �. empowers the Committee, in conjunction with the Tree Warden, to regulate the removal � and replacement of trees in certain circumstances, and to promote the planting and protection of trees throughout the Town. It is desirable that the Town plant more trees than are removed to compensate for tree losses and the length of time to maturity. The provisions of this by-law, when pertaining to private property, apply only when there is Major Construction or Demolition as defined below and only within Set-back areas. Section 3: Definitions When used in this by-law, the following definitions sha11 apply: � , 3.1 Demolition: Any act of pull�ng down, destroying, removing or razing a building or commencing the work of total or substantial destruction with the intent of completing the same. 3.2 Major Construction: Any construction of a structure on a vacant lot, or any construction of one or multipte structures or additions to structures on an existing lot, wherein there would result an increase of 50%or more in the total footprint of the new structure(s), when compazed to the total footprint of the pre-existing structure(s). 3.3 Caliper: Diameter of a tree trunk(in inches)measured 6 inches above the ground for trees up to and including 4-inch diameter, and 12 inches above the ground for larger trees. 5 4 Ad'ourned Session of 2001 Annual Town Meeting-April I1, 2001 - J 3.4 DBH ("Diameter at Breast Height"): The diameter(in inches)�of the trunk of a tree (or, for multiple trunk trees,the aggregate diameters of the multiple trunks)measured 4 %2 feet from the existing grade at the base of the tree. 3.5 Person: Any person, firm,partnership, association, corporation, company or organiza.tion of any kind including public or private utility and municipal department. 3.6 Protected Tree: Any tree on private land,with a DBH of 8 inches or greater(or any multiple trunk tree with a DBH of 15 inches or greater), located in the Set-back Area (or which, as determined by the Tree Warden,has any portion of the stem between 6 `�-'� inches and 41/2 feet above grade actively growing into the Set-back Area), provided that � tree is not hazardous or undesirable. `J 3.7 Public Shade Tree: Any tree within the public right-of-way except for state highways that, as determined by tl�e Tree Warden, has any portion of the stem between 6 inches and 4 %Z feet above grade actively growing into the public right-of-way. 3.8 Town Tree: Any tree within a public park or open space under the jurisdiction of the Selectmen acting as park commissioners, on public school grounds, or on any other Town owned land. 3.9 Set-back Area: The portion of the lot which constitutes the minimum side,rear and front yard as per Table 2 ("Schedule of Dimensional Controls") or section 7.4.1 of the Zoning By-law of the Town of Lexington. For purposes of establishing the Set-back Area in which the provisions of this by-law shall apply, the measurement shall be from any point on any property line of the lot, to points along an imaginary line drawn representing the minimum set-back requirement. 3.10 Tree Removal: Any act that will cause a tree to die within a three(3)year period. _-, � 3.11 Tree Replacement Fund: A fund administered by the Tree Warden used solely for �� the purpose of planting trees for the public benefit, in lieu of an applicant's replanting of � � � trees when such replanting is not possible or not desired. . The Tree Committee may provide other such definitions or terms in rules and regula.tions, approved by the Selectmen, deemed useful to implement this by-law. . , Section 4: Applicabilitv . � . 4.1 Applicabilitv: The circumstances under which the tree protection, removal and replacement regulatory process delineated in this by-law shall apply are as follows: (a)proposed cutting (trunk, limbs or roots) of existing Public Shade Trees on public and private ways(accepted or unaccepted streets)or of Town Trees on Town owned(or leased land being used as a public facility)by any Person (b)proposed Demolition of an existing residential or non-residential structure (c)proposed Major Construction on an e�sting residential or non-residential lot 4.2 Non-Applicabilitv: This by-law shall not apply in any instance where the Planning Board, the Zoning Board of Appeals or the Conservation Commission have established jurisdiction, including but not limited to the following: - (a)the Planning Board regulates the planting,retention and/or replacement of Public Shade Trees,by�neans of the Boarci's authority over subdivision of land and/or the administration.of Unaccepted Streets under Chapter175,parts 1 -3 (formerly Chapter 5), of the Planning Board's Development Regulations; ' (b)the Planning Board regulates planting, retention and/or replacement of on-lot trees on private residential land,where said property is subject to a special permit under the Zoning By-law, or issues recommendations emanating frorn a Preliminary Site Development and Use Plan review; � � (c)the Zoning Board of Appeals regulates planting,retention and/or replacement of on-lot trees on private non-residential land,where said property is subject to a special • permit under the Zoriing�y-law; (d)the Conservation Commission regulates the retention and/or replacement of on-lot trees,by means of administering the Wetlands Protection Act(Chapter131 and 310 CMR)within jurisdictional areas of the property. __ ____. _ ___ __ _� __ _ _ _ _ _ _ ___ _ _ __ _ _ _ _ _ Adjourned Session of 2001 Annual Town Meeting-April 11, 2001 5 5 Section 5: Tree Warden ' The Public Grounds Superintendent within the Department of Public Works shall serve as the Tree Wazden unless another designee is appointed by the Selecttnen. The duties or ' responsibilities of the Tree Warden shall conform to General Law Chapter 87 and shall include,but not be limited to,the following as may be fi�rther specified in this by-law: (a)management of all trees within public rights-of-way and adjacent to public buildings and commons; care and control of trees on Town property if so requested by the Selectmen, and on Town land owned by other Departments such as Schools,Recreation and Conservation, if so requested by the respective Department and approved by the Selectmen; (b) expending funds, in coordination with the Tree Committee, appropriated for planting trees on Town land under the jurisdiction of the Tree Warden; (c) with recommendations from the Tree Committee, granting or denying and attaching reasonable conditions to all permits required under this by-law; (d)work in conjunction with the Tree Committee to seek grants or other assistance concerning the preservation and maintenance of trees in Town; (e) development of rules, regulations,tree inventory,manuals and other data, in conjunctiori with the Tree Committee,to carry out the purposes and intent of this by-law for approval and promulgation by the Selectmen; (fl enforcement of this by-law; (g) appointment or removal of Deputy Tree Wardens. Moreover,the Selectmen may authorize the Tree Warden to undertake other responsibilities consistent with the purposes and intent of this by-law. � Section 6: Tree Committee The Town shall have a Tree Committee that consists of seven(7)members as appointed . by the Selectmen. For the first appointments, three (3)members will serve one-year terms; two (2) members will serve two-yeax terms; and two (2)members shall serve _ three-year terms. All members up for renewal will tlien serve three year terms. . � . The Tree Committee shall have the following duties and responsibilities as may be further specified in this by-law: (a) development of rules, regulations,tree inventory,manuals and other data, in conjunction with the Tree Warden,to carry out the purposes and intent of this by-law, for approval and promulgation by the Selectmen; (b)permit the removal of certain trees on private property upon appeal,by an applicant; (c)public education and coordination with other Town Committees and civic � groups to promote the purposes and intent of this by-law; (d)work in conjunction with the Tree Warden to seek grants or other assistance concerning the preservation and maintenance of trees in Town. Section 7: Public Shade Trees and Town Trees J 7.1 Scone A Public Shade Tree or Town Tree may not be cut,pruned,removed or damaged by any � Person or the Town until and unless the Tree Wazden issues a written permit pursuant to this section. 7.2 Procedures � Any Person seeking to prune or remove a Public Shade Tree or Town Tree shall submit an application to the Tree Warden�in accordance with any application requirements issued • by the Tree Warderi. The Tree Warden shall hold a public hearing on applications for removal, at the expense�of the applicant, in accordance with the provisions outlined within General Law Chapter 87. The permit issued by the Tree Warden may specify schedules,terms, and conditions, including requiring the planting of replacement trees. 5 � Adjourned Session of 2001 Annual Town Meeting-April I1, 2001 7.3 Planting of Trees on Public Land � � Any Person seeking to plant a tree on public land under the jurisdiction of the Tree Warden must obtain written permission from the Tree Warden. Such permission may ' specify schedules,terms,and conditions as deemed appropriate by the Tree Warden. Section 8: Protected Trees 8.1 Scone The removal of Protected Trees in conjunction with Demolition or Major Construction is prohibited unless authorized by the Tree Warden, or Tree Committee as set forth below. 8.2 Procedures ' � When Major Construction or Demolition is planned,the owner of the property sha11 � � submit to the Building Commissioner as part of the application for a building or demolition permit a site plan drawn and stamped by a registered land surveyor showing all existing trees on the property of 8"DBH or greater. If any Protected Trees will be removed or damaged in connection with Major Construction or Demolition,the owner of the property shall submit a proposal for tree removal and mitigation to the Building Commissioner with the application for a building or demolition permit. Additionally, if any Protected Trees were removed during the 12 months preceding the application for the building or demolition permit, a tree removal and mitigation proposal regarding the Protected Trees already removed shall be submitted to the Building Commissioner. The proposal shall satisfy the mitigation requirements set forth below and any rules,regulations or manuals promulgated by the Selectmen. The Selectmen shall set an application fee. The Building Commissioner shall refer the tree proposal to the Tree Warden. The Tree Warden shall conduct a site visit. If the applicant's proposal is consistent with the mitigation requirements herein and the rules,regulations or manuals issued by the Selectmen,the Tree Warden will issue a permit within ten(10)business days of receipt �--, by the Tree Warden of the proposal to authorize the tree work. If the proposal does not � meet or satisfy these requirements, the Tree Warden shall so notify the applicant and J . deny the permit. . �.An applicant may appeal the denial or grant of a tree permit to the Tree Committee: The Tree Committee shall conduct a public hearing on the appeal and shall give the public notice thereof, at the expense of the applicant. Public�notice sha11 include all persons . e owning land within 300 feet of any part of applicant's land at least fourteen(14) days . � _ before said hearing. The Tree Committee shall rule witlun twenty (20) days of the public hearing. � Appeals of final decisions of the Tree Committee shall be to Superior Court and shall be limited to whether the decision was arbitrary or capricious> 8.3 Miti�ation A Protected Tree shall not be removed unless at least one of the following provisions is satisfied: (a) Replanting of trees: such replanting shall be on the basis of%2 inch of caliper of new tree(s)for each inch of DBH of tree(s)removed, and each replanted tree must have a minimum caliper of 3 inches. The replanting shall occur no later than 12 months after completion of the construction work, either on applicant's land or on land abutting � applicant's land with express approval of the owner of such abutting land; � (b) Contribution into the Tree Replacement Fund: such contribution shall be $50 per DBH inch of Protected Tree removed not already mitigated as per section 8.3 (a); or ' (c) The applicant demonstrates that the removal of a Protected Tree is desirable to enhance the landscaping on the lot, and that such removal does not negatively impact in an excessive rnaiuger on the cl�aracter of the neighborhood or o�the privacy enjoyed by abutters. 8.4 Tree Replacement Fund - The Tree Committee;with input from the Tree Warden, shall have sole discretion concerning the use of funds from the Tree Replacement Fund which shall be disbursed by the T'ree Warden for the planting (and maintenance, as necessary) of trees on public land or private property with express approval of owner of such private property. _ _- __ __ _-- -- _ _ _ r _ _ _ _ __ _ _ _ _ _ _ __ __ Adjourned Session of 2001 Annual Town Meeting-April ll, 2001 � � The Tree Wazden will consult the Tree Committee concerning specific locations for planting of trees on public land. Section 9: Emergencies and Exemptions Provisions of this by-law shall not apply to: . (a) emergency projects necessary for public safety, health and welfare as determined by the Director of Public Works or the Town Manager; (b)trees that aze hazardous as determined in writing by the Tree Warden; (c) invasive tree species as identified in the Tree Manual; � (d)trees identified by the Commonwealth that pose a risk of disease or insect ' infestation. Section 10: Enforcement Any person violating this by-law is subject to the penalties under Article I, Section 6 of the General By-laws, General Law Chapter 87 (for violations concerning Public Shade Trees) and other legal enforcement action by the Town. The Tree Warden is authorized to enforce the provisions of Article I of the General By-laws and of General Law Chapter 87. Any other legal enforcement action shall be determined by the Selectmen in consultation with the Tree Committee,the Tree Warden and Town Counsel. Each instance in which a Town Tree or a Protected Tree is removed without a Tree Permit shall constitute an offense under this by-law. When Protected Trees have been removed without a Permit,mitigation(as outlined in section 8.3) shall be required. If mitigation is not completed in due time as determined by the Tree Warden, each day thereafter and until mitigation is complete sha11 constitute a separate offense. Section 11: Rules and Re�ulations The Selectmen may promulgate, after public notice and hearing, Rules and Regulations to effectuate the purposes and intent of this by-law. Failure by the Selectmen to promulgate � � such Rules and Regulations shall not act to suspend or invalidate the effect of this by-law. �. _. Section 12: Severabilitv If any section, paragraph or part of this by-law is for any reason declared invalid or . unconstitutional by any court, every other section,paragraph and part shall continue in full force. . , Section 13: Relationship to Other Bv-laws � , Nothing in this by-law shall be construed to restrict, amend, repeal, or otherwise iimit the application or enforcement of existing Town of Lexington by-laws or Commonwealth of Massachusetts laws. BY-LAW ARTICLE I, SECTION 6 Amendment to Non-Criminal Penalty Provisions Add the following to the end of Article I, Section 6 of the General By-laws: Article XXXVI Trees Fine Schedule: lst offense- $50.00 per violation 2nd offense - $100.00 per violation ' 3rd and subsequent offenses- $200.00 per violation 9:19 p.m. Patrick Mehr,pr3,presented the rationale for the tree By-Law for the Tree . Committee. Mr. Mehr's comments were followed by additional comments from Committee member Matthew Foti,who spoke in favor of the By-Law. 9:30 p.m. Bebe Fallick,pr.6, also spoke in favor on behal�of the Committee. 9:33 p.m. Committee Member James Wood,pr.9,presented the Minority Report of the Committee and spoke in opposition. 9:37 p.m. Stacey Bridge-Denzak reported the Planning Board's unanimous support. 9:37 p.m. Selectman Peter Enrich reported for a majority of the Board of Selectmen, ' which is making no formal recommendation on this article to Town Meeting. 9:38 p.m. Selectman Dawn McKenna reported for a minority of 2 of the Selectmen, speaking against the article and of concerns on the private property piece. 5 � Adjourned Session of 2001 Annual Town Meeting-April 11, 2001 9:42 p.m. Conservation Commission member Joyce Miller spoke in favor. 9:44 p.m. Steven Hurley, pr.8,reported the Design Advisory Committee's unanimous support. � 9:45 p.m. Charles Lamb, pr.4, spoke in support. 9:46 p.m. Martin Long,pr.6, questioned the Committee on the.definition of protected trees and "undesirable". 9:48 p.m. Patrick Mehr explained "undesirable" to be defined in the tree manual. 9:49 p.m. Martin Long,pr.6, questioned if a reference to a Tree Manual should be made in the By-Law. Mr. Mehr expressed no problem with referencing a Tree.Manual in the By-Law. "-1I 9:50 p.m. Martin Long,pr.6, moved the following amendment: ' � AMENDMENT: `—' Add to Section 3.6 the words "as defined in the tree manual". 9:52 p.m. Ephraim Weiss, pr:5, questioned if the manual does not yet exist, is it appropriate to refer to it? Town Counsel William Lahey advised. 9:54 p.m. Following a voice vote on the Amendment,the Moderator declared the AMENDMENT ADOPTED. 9:54 p.m. Lorraine Fournier, 24 Cedar St., spoke in opposition and questioned the right of property owners. 9:56 p.m. Leonard Crafts, 5 Munroe Rd., spoke in favor. 9:58 p.m. David Kanter, pr.7, questioned setback requirements and charges for diameters of trees. Mr. Mehr responded. 10:00 p.m. Joel Adler, pr.l, questioned the Committee on protected trees. Mr. Mehr and DPW Manager of Operations Brian Gilbert clarified. 10:02 p.m. Joel Adler, pr.l, spoke in opposition. 10:05 p.m. Carolyn Tiffany,pr.8, spoke in favor. 10:08 p.m. Ephraim Weiss, pr.5, questioned town/public trees and Emery Park trees. 10:09 p.m. Patrick Mehr explained public hearings are required for town-land trees to �--� � be cut. ' I 10:10 p.m. James Wood, pr.7, moved the following amendment: ..� --------------------- AMENDMENT; Section l: Preamble � The Town of Lexington finds that mature trees have aesthetic appeal, improve air quality, provide glare and heat protection, reduce noise, aid in the stabilization of soil, provide natural flood-and elimate-control,create habitats for wildlife,and enhance property values. � . Section 2: Intent and Purpose . � . This by-law is enacted for the purpose of preserving and protecting Public Shade Trees pursuant to Massachusetts General Laws Chapter 87.To achieve these purposes,this by-law � establishes a Tree Committee and empowers the Committee, in conjunction with the Tree � Warden,to regulate the removal and replacement of trees in certain circumstances, and to promote the planting and protection of trees throughout the Town. It is desirable that the Town plant more trees than are removed to compensate for tree losses and the length of time to maturity. Section 3: Scope This by-law shall apply to Public Shade Trees and'Town Trees only;trees located on private property do not fall within the purview of this by-law. This by-law shall not apply in any instance where the Planning Board, the Zoning �oard of Appeals or the Conservation Commission have established jurisdiction,including but not limited to where the Planning Board regulates the planting,retention and/or replacement of Public Shade Trees by means of the Board's authority over subdivision of land and/or the administration of LJnaccepted Streets under Chapter 175,parts 1-3 (formerly Ch.5)of the Planning Board's �� Y�evelopment Regulations. ; Section 4: Definitions --f When used in this by-law,the following definitions shall apply: 4.1 DBH("Diameterat Breast Height'):The diameter(in inches)of the trunk of a tree(or, ' for multiple trunk trees,the aggregate diameters of the multiple trunks)measured 4'/z feet from the existing grade at the base of the tree. 4.2 Person:Any person,firm,parmership,association,corporation,company or organization of any kind, including public or private utilities and municipal departments. 43 Public Shade Tree: Pursuant to M.G.I,.ch. 87,§ 1,any tree within the public right-of- � �vay(except for state highways),as determined by the Tree Warden. Where the status of a tree is uncertain(i.e.whether the tree is a Public Shade Tree or is located on private properiy • is diffieult to discern), a rebuttable presumption shall attach that the tree in question is a Public Shade Tree. 4.4 Town Tree: Pursuant to M.G.L.ch.87,§2,any tree within a public park or open space under the jurisdiction of the Selectmen acting as park commissioners, on public school grounds,or on any other Town owned land. __ __ _ _ __ _ � ___ __— - . __ _ Adjourned Session of 2001 Annual Town Meeting-April I1, 2001 � " 4.5 Tree Manual: A guide to the care and maintenance of existing trees and a document which provides information concerning which trees or desirable/undesirable in this � geographical region. 4.6 Tree Replacement Fund: In furtherance of M.G.L.ch.87, §7, a fund administered by , the Tree Warden used solely for the purpose of planting trees for the public benefit. The Tree Committee may provide other such definitions or tertns in rules and regulations, for approval by the Selectmen,deemed useful to implement this by-law,for application to Public Shade Trees and Town Trees. Section 5: Tree Warden The Public Grounds Superintendent within the Department of Public Works shal]serve as � the Tree Warden unless another designee is appointed by the Selectmen. The duties or ' , responsibilities of the Tree Warden shall conform to Massachusetts General Laws Chapter - 87 and shall include,but not be limited to,the following: (a) management of all trees within public rights-of-way and adjacent to public buildings and commons;care and control of trees on Town properly if so requested by the Selectmen,and on Town land owned by other Departments such as Schools, e Recreation and Conservation, if so requested by the respective Deparhnent and approved by the Selectmen; (b) trimming, cutting down, or removing Public Shade Trees and Town Trees without a hearing if the tree in question has a DBH of one and one half inches or less(M.G.L.ch. 87,_§ 5); (c) management of the Tree Replacement Fund; (d) working in conjunction with the Tree Committee to seek grants or other assistance concerning the preservation and maintenance of Public Shade Trees and Town Trees; (e)development of rules,regulations,tree inventory,Tree Manuals and other data, in conjunction with the Tree Committee,to carry out the purposes and intent of this by-law for approval and promulgation by the Selectmen; (�consulting with the Tree Committee concerning specific locations for planting trees on public land; (g) enforcement of this by-law;and (h)appointment or removal of Deputy Tree Wardens. Moreover, the Selectmen may authorize the Tree Warden to undertake other responsibilities consistent with the purposes and intent of this by-law. - Section 6: Tree Committee . The Town shall have a Tree Committee that consists of seven(7)members as appointed by the Selectmen.For the first appointments,three(3)members will serve one-year terms;two (2)members will serve two-year terms;and two(2)members shall serve three-year terms. ' All members up for renewal wil)then serve three-year tenns. The Tree Committee shall have the following duties and responsibilities: . (a) Development of rules, regulations, tree inventory, Tree Manuals and other . , data, in conjunction with the Tree Warden,to carry out the purposes and intent of . this by-law,for approval and promulgation by the Selectmen; (b) Public education and coordination with other Town Committees and civic - groups to promote the purposes and intent of this by-law; . (c)Working in conjunction with the Tree Warden to seek grants or other assistance concerning the preservation and maintenance of public trees in Town. Section 7: Public Shade Trees and Town Trees 7.1 Scope A Public Shade Tree or Town Tree may not be cut, pruned, removed, marked, painted, or damaged by any Person or by the Town until and unless the Tree Warden issues a written permit. M.G.L.ch.87, §§3,9. In addition,pursuant to M.G.L. ch. 87, § 9, no Person or the Town may affix any sign, notice, advertisement or other thing to a Public Shade Tree or Town Tree unless the Tree Warden issues a written permit. ' 7.2 Procedures _' Any Person seeking to prune or remove a Public Shade Tree or Town Tree shall submit an application to the Tree Warden in accordance with any application requirements issued by the Tree Warden. T'he Tree Warden shall hold a public • hearing on applications for removal, in accordance with the provisions outlined within M.G.L.ch.87, §§3,4. 7.3 Planting of Trees on Public Land � � Any Person seeking to plant a tree on public land under the jurisdiction of the Tree Warden must obtain written permission from the Tree Warden,and from the Board of Selectmen if the proposed location is within the Selectmen's jurisdiction.Such , permission may specify schedules,terms,and conditions as deemed appropriate by � the Tree Warden. 6 o Adjourned Session of 2001 Annual Town Meeting-April 11, 2001 Section 8: Emergencies and Exemptions This by-law shall not apply to situations specified in M.G.L.ch. 87, §5,nor to: (a) emergency projects necessary for public safety, health and welfare as determined by the Director of Public Works or the Town Manager; , (b) trees that are hazardous as determined by the Tree Warden; (c) invasive tree species as identified in the Tree Manual;and (d) trees identified by the Commonwealth that pose.a risk of disease or insect infestation. Section 9: Enforcement Any person violating this by-law is subject to the penalties under Article I,Section 6 of the General By-laws,M.G.L.ch.87, §§2,6,9, 1 l, 12(for violations concerning Public Shade Trees)and other legal enforcement action by the Town.The Tree Warden is authorized to ," enforce the provisions of Article I of the General by-laws and of General Law Chapter 87. � �� Any other legal enforcement action shall be determined by the Selectmen who may, in � making their determination,consult with the Tree Committee,the Tree Warden and Town Counsel. Each instance in which a Public Shade Tree or a Town Tree is removed without a permit issued by the Tree Warden shall constitute a separate offense under this by-law. Any fines levied pursuant to the operation of this by-law shall be deposited, in whole, into the Tree Replacement Fund. � Section 10: Rules and Regulations The Selectmen may promulgate,after public notice and hearing and after consultation with the Tree Warden and the Tree Committee,Rules and Regulations to effectuate the purposes and intent of this by-law. Failure by the Selectmen to promulgate such Rules and Regulations shall not act to suspend or invalidate the effect of this by-law. Section ll: Severability If any section, paragraph or part of this by-law is for any reason declared invalid or unconstitutional by any court,every other section,paragraph and part shall continue in full force. Section 12: Relationship to Other Laws Nothing in this by-law shall be construed to restrict,amend,repeal,or otherwise limit the application or enforcement of existing Town of Lexington by-laws or Commonwealth of r _ Massachusetts laws. 4 � BY-LAW ARTICLE I, SECTION 6 `�'' . � Amendment to Non-Criminal Penalty Provisions . Add the following to the end of Article I,Section 6 of the Genera!By-laws: � Article XXXVI ' Trees Fine Schedule: lst offense- $50.00 per violation 2nd offense-$100.00 per violation ' • 3rd and subsequent offenses-$200.00 per violation . 10:10 p.m. James Wood,pr.7, explained the amendment addresses t11e public secto� trees only. 10:15 p.m. Patrick Mehr,pr.3,reported 9 of the 10 Tree Committee members are in opposition. 10:18 p.m. Stacey Bridge-Denzak reported unarumous opposition of the Planning Board. 10:19 p.m. Peter Enrich reported the majority of the Board of Selectmen leave this up to Town Meeting. 10:19 p.m. Leo McSweeney reported a minority of the Board of Selectmen support the amendment. �-� 10:21 p.m.. Jacqueline Davison, pr.3, spoke in opposition. � 10:22 p.m. i,oren Wood,pr.3, spoke in support:,_ '_._..i 10:26 p.m. John Davies, pr.4, spoke in opposition. . 10:27 p.m. Paul Chernick,pr.6, questioned permitting. 10:28 p.rrY. Patrick Mehr explained the criteria for issuance of permit is clearly stated in the By-Law. , 10:29 p.m. Paul Chernick;pr.6, questioned appeal of action of the Tree Warden. _ 10:29 p.m. Karl Canter, 6 Munroe Rd., spoke in favor of trees. 10:32 p.m. Peter Kelley,pr.4, spoke in favor of amendment. 10:35 p.rr�. Albert Zabin, pr.l, spoke in opposition to amendment. � 10:38 p.me Paul Mazerall, pr.9, questioned the dimin�shed tree planting program. _ __ _ _ _ _ _ _ . _ _ __ __ _ __ _ � Adjourned Session of 2001 Annual Town Meeting-April 11, 2001 � � 10:40 p.m. Following a voice vote on if the question on the ameridment should now be put,the Moderator declared the question now before the meeting and allowed 3 minutes to James Wood,maker of the motion. 10:40 p.m. James Wood, pr.7, summarized. 10:42 p.m. Following a voice vote on the amendment,the Moderator declared the AMENDMENT NOT ADOPTED. 10:42 p.m. Following a voice vote on if the main question should now be put, the Moderator declared the main question now before the meeting. Selectman ; Peter Enrich relinquished time to the Tree Committee, which declined. _ 10:42 p.m. The Moderator called for a standing vote on Article 34 tallied as follows: PCT YES NO ABSTAIN 1 7 9 � 2 , 9 8 3 16 2 4 14 2 5 11 4 6 l4 1 � 7 8 8 8 15 2 9 11 4 AL 7 3 TOTAL 112 43 10:48 p.m. Following the standing vote, with 112 in favor and 43 opposed,the Moderator declared the MOTION ADOPTED. 10:48 p.m. Martin Long,pr.6, served NOTICE OF RECONSIDERATION on Article 34. ,�-. � 10:49 p.m. The Moderator declared the meeting open under Article 35. 10:49 p.m. Presented by Anthony Galaitsis,pr.6, who moved: . ARTICLE 35: PLANNING BOARD MEMBERSHIP TERM . � MOTION: That the term of inembers of the Planning Board be � . changed from five years to three years,beginning with the annual town � election in 2002; provided that the term of office of each member of the ' � Planning Board in office at the time of the annual town election in 2002 � � � shall continue until the respective full terms expire. , . 10:50 p.m. Peter Enrich reported unanimous support of the Board of Selectmen. 10:50 p.m. Frank Sandy, pr.6, questioned if the Planning Board should become an appointed Board rather than elected. . 10:52 p.m. Following a voice vote,the Moderator declared the MOTION ADOPTED. 10:52 p.m. Selectman Jeanne Krieger moved the meeting be adjourned until Monday, May 14, 2001. 10:52 p.m. Following a voice vote the Moderator declared the MOTION ADOPTED ,_._ and the meeting adjourned unti18:00 p.m., Monday, May 14,2001, ; Museum of Our National Heritage Auditorium. L_- A true copy. . ` ��.1�,�i Attest: Donna M. Hooper, Town Clerk 62 � . 2001 ANNUAL TOWN MEETING May 14,2001 . The seventh session of the 2001 Annual Town Meeting was called to order by Moderator Margery M. Battin, at 8:05 p.m., in the Museum of Our National Herita.ge Auditorium, 33 Marrett Road. A quorum of 180 members was present. Tlie Moderator thanked the Museum of Our National Herita.ge, Director John Ott and staff, for hosting the 2001 Annual Town Meeting. The Moderator declared the meeting open under Article 15. .--, 8:15 �.m. Presented b Selectman Catherine Abbott. Selectman Abbott moved: � P Y ARTICLE 15: CARY MEMORIAL LIBRARY BOND AUTHORIZATIONS MOTION: That(a)the votes passed under Article 14 of the Warrant for the 1996 Annual Town Meeting and Article 3 of the October 22, 1997 Special Town Meeting be amended by deleting the words "provided that the amount of the authorized borrowing shall be reduced by the amount of such aid received prior to the issuance of bonds or notes under this vote"; and(b)that an additional $1,700,000 be appropriated to construct, originally equip and furnish an addition to and remodel, reconstruct and � make extraordinary repairs to Cary Memorial Library, and to purchase additional library equipment including computer hardwaze and software; and that to meet this appropriation the Treasurer with the approval of the Selectmen is authorized to borrow$1,700,000 under G.L. c 44 §7. 8:15 p.m. Selectman Abbott explained the intention for authorization,briefly explained the library's bid opening earlier in the day, and that bids received were quite a bit higher than anticipated. Selectman Abbott explained it is the intention to give the presentation of the article tonight, allow for questions and answers, then move postponement until May 16`h. �� 8:17 p.m. Rev. Jed Snyder, Trustee of Cary Library, and precinct 5 Town Meeting � Member, spoke on free public libraries and the difficulties experienced by Cary Library. � Reverend Snyder sought support of Town Meeting for the motion. 8:22 p.m. Cary Memorial Library Director Carol Mahoney presented an overview of. � the story of development, 1975 -2001. Ms. Mahoney provided an overview of the bids ' � received. 8:34 p.m. William Dailey, Chairman of the Cary Memorial Library Foundation, � summarized fundraising efforts of the Foundation. 8:40 p.m. The Moderator reported the Board of Selectmen were in unanimous support of postponement,the Appropriation Committee and Permanent Building Committees will report on May 16, 2001. 8:41 p.m. Paul Chernick, pr.6, questioned the cost breakdown attributable to decisions made by the Historic Districts Commission relating to building modifications. The Moderator explained the Cary Memorial Library mailing to Town Meeting Members. 8:45 p.m. . Neal Boyle, pr.7, spoke on the history of the library's program and questioned the proposed checks and balances to control costs. . 8:45 p.m. Selectman Abbott responded that the bids are now in-hand. Mr. Boyle further questioned a system of controls over the entire project. Selectman Abbott assured the meeting the project will be closely monitored and managec�. . 8:47 p.m. Peter Kelley, pr.4, and Permanent Building Committee, explained the PBC shares the concerns and frustrations of a project such as this, that the PBC will have close oversight, and the PBC prepared for the challenge to go forth. _____ ____ ___ __ _ . _ _ _ __ __ _ _ _ _ _ _ _ _ _ ___ _ _ _ i Adjourned Session of 2001 Annual Town Meeting-May 14, 2001 6 3 8:51 p.m. Frank Sandy,pr.6, questioned the move of Cary Library to Cary Hall and commented on his non-receipt of materials. Library Director Cazol Mahoney explained the move timelines. 8:56 p.m. Daniel Busa,pr.l, spoke in opposition. . 8:59 p.m. David Kanter,pr.7,requested an explanation of cost changes from original estimate to architect's estimate. 9:02 p.m. Peter Kelley,pr.4 & Permanent Building Committee, explained the building process undertaken, difFculties with estimates and bids, and surprises , experienced. . � - 9:09 p.m. Paul Hamburger,pr.5 and Appropriation Committee,provided . clarification. 9:10 p.m. Peter Kelley;pr.5,Permanent Building Committee, explained the $7,800,000. 9:10 p.m. The Moderator sought clarification from David Kanter. Mr. Kanter explained clarification sought. 9:10 p.m. After inquiring the sense of Town Meeting on further clarification, the Moderator stated no further clarification was sought. 9:12 p.m. Wendy Rudner,pr.7, questioned negotiations with the new bidders. Peter Kelley,pr.4, explained under the law, no provisions are made for negotiations. Ms. Rudner further questioned unexpected costs and possibility of the Historic Districts Commission reconsidering its requirements. 9:15 p.m. Ian Adamson, 33 Hancock Street and Historic Districts Commission, � explained the efforts of the HDC with building changes and perceived financial impact, though the Commission's charge does not include project cost review. . 9:18 p.m. Wendy Rudner,pr.7, questioned the turn-dowri of Historic Districts Commission recommendations. Ian Adamson explained the architect and library , committee turned down the decreases. � � 9:19 p.m. . Peter Kelley,pr.4,reviewed the efforts over time of the hustees, architect, . , library building committee, and the commitment sought from the community. 9:24 p.m. Wendy Rudner,pr.7, stated she sought more answers. 9:24 p.m. Thomas Griffiths,pr.7, Capital Expenditures Committee, questianed Ms. Mahoney on state grant status. Ms. Mahoney explained the grant reverts back to the Mass. Boaxd of Library Commissioners as of July 1,2001. Mr. Griffiths asked Peter Kelley, PBC, if any Building Code issues exist about which we need to be concerned if we do not move ahead before July 1 S`. Mr. Kelley explained a new State Building Code applies if a building permit is not obtained before July 1 S` Mr. Griffiths asked William Dailey what may happen, in his opinion and those of the Foundation,to the funds raised if the town does not proceed.. Mr. Dailey explained fundraising pledges may be in jeopardy. 9:26 p.m. William Frawley,�r.3,posed a procedural question regarding the Article`s � ' subject�a Special Town Meeting. The Moderator explained � ��g�� not necessarily. 9:29 p.m. Patrick Mehr,pr.3, asked if more state funding vvould be available if this project were to be rejected and the Town began from start. Selectman Abbott explained 45 communities are in line and approved for funding. 9:30 p.m. Patrick Mehr,pr.3, asked if the project does not go forth, where would the library be situated. Selectman Abbott explained it is expected the library would remain at Cary Hall until the current building could be readied for return. 6 ` Adjourned Session of 2001 Annual Town Meeting-May 14, 2001 • 9:31 p.m. Loren Wood, pr.3, questioned how to proceed for Town Meeting to allow the library project to go forward. The Moderator explained that Town Meeting should vote the motion of Article 15. � 9:33 p.m. Town Counsel Norman Cohen explained the motion and impact. 9:34 p.m. Loren Wood,pr.3, inquired why Town Meeting is waiting to May 16th to take action. The Moderator explained that Committees and Town Meeting Members need more time to digest the information. 9:35 p.m. Edith Sandy,pr.6, questioned fundraising and possible shortages. �r� Foundation Chairman William Dailey explained the Trustees have committed$1,000,000 � and $4,000,000 will come from fundraising. If a shortage occurs,the Foundation ""' guarantees to cover the debt service on the difference raised vs. the $4,000,000. 9:37 p.m. Edith Sandy,pr.6, sought to confirm the Town is not responsible for any � shorta.ge. Mr. Dailey confirmed that was correct, to the $4,000,000 committed. �W 9:38 p.m. Ephraim Weiss,pr.5, questioned Town Counsel on the amount for which the Town is responsible if the motion is adopted. Town Counsel Norman Cohen explained the breakdown. 9:39 p.m. Fred Rosenberg, pr.9,moved postponement of Article 15 until May 16`h. 9:39 p.m. Charles Hornig clarified the Capital Expenditures Committee's perspective on the financial breakdown of the project. 9:40 p.m. With no further comment from the presenter of the Article,the Moderator called the vote on postponement to May 16 at 8:00 p.m. at Clarke Middle School. 9:40 p.m. Following a voice vote,the Moderator declared the MOTION FOR r � POSTPONEMENT ADOPT'ED and ARTICLE 15 postponed until May 16 at 8:00 p.m. at � Clarke Middle School. --� 9:40 p.m. Peter Kelley questioned the Moderator on the order for the evening. The Moderator explained the order planned last meeting to which the meeting will adhere. � 9:41 p.m. The Moderator declared under Article 2, reports will be made from the . . Lighting Options Committee, Hanscom Field Report, and Report of Appropriation � � Committee. � 9:41 p.m. Richard Michelson, pr.8, questioned the authority of Town 1Vleeting to vote order. The Moderator explained Mr. Lazarus maintains control over line item 3000, and Mr. Lazarus has agreed to the order in which it will be taken up. Mr. Michelson inquired further if Mr. Lazarus were to be agreeable could line item 3000 be taken up. The Moderator ruled it��x would not, as others were notified their � reeonsideration would be first. 9:44 p.m. Myla Kabat-Zinn, pr.2,presented the Report of the Lighting Options Committee, with recommendations for street lighting sysfern upgrade. 9:50 p.m. Carolyn Tiffany,pr.7, presented the�Ianscom Field Report, explaining � the air traffic situation at I�anscom Field at this time. ' . � 9:57 p.m. Paul I�amburger, pr.5,presented the Report of the Appropriation Committee regarding PAYT reconsideration and revenue t�reatment. 10:05 p.m. The Moderator explained procedures for reconsideration, with thirty minutes for debate and a maximum of 5 minutes for each speaker. Once reconsideration is voted, up or down,the vote is final. 10:05 p.m. Bebe Fallick,pr.6, moved RECONSIDERATION of ARTICLE 14 and presented justification. 10:12 p.m. Peter Enrich reported 3 of the Board of Selectmen favor reconsideration. __.___ _ __ __ ___ _ __ _ i _ _-- _._ _ ___ _ _ _ _ - _ . Adjourned Session of 2001 Annual Town Meeting-May 14, 2001 6 5 10:14 p.m. Charles Hornig reported if the Tree Committee proposes to fund the Article from sources other than capital,the Capital Expenditures Committee would take no position. 10:14 p.m. Richard Eurich reported the Appropriation Committee opposes reconsideration. 10:16 p.m. Nea1 Boyle, pr.7, questioned any Tree Committee action taken to stop proposed clear-cutting at Depot Square. Bebe Fallick, Tree Committee member, explained the Committee has no authority at this time. Mr. Boyle questioned Committee use of the proposed.$50,000. - 10:16 p.m. Susan Solomon, 4 Whittier Road,reported the League of Women Voters supports reconsideration. 10:18 p.m. Robert Whitman,pr.8, spoke in support of reconsideration. 10:19 p.m. Carolyn Tiffany, pr.8, spoke in favor of reconsideration. 10:20 p.m. Alexander Nedzel,pr.3, spoke in opposition to.reconsideration. 10:22 p.m. Following an uncertain voice vote on reconsideration,the Moderator called for a standing vote,tallied as follows: Pct Yes No Abstain 1 8 9 2 9 9 3 14 3 4 I1 7 5 ]0 6 6 13 5 7 8 8 . 8 14 3 9 11 8 AL 5 10 TOTAL 103 68 10:25 p.m. The Moderator declared the MOTION for RECONSIDERATION ADOPTED and ARTICLE 14,previously not adopted on April 2"d, now before the meeting, as follows: � ARTICLE 14: TREE PLANTING AND MAINTENANCE � ' MOTION: That the sum of$50,000 be appropriated for the planting of � trees on town owned land and for the maintenance of trees, and that such amount be raised in the tax levy. 10:26 p.m. Patrick Mehr, pr.3 and Tree Committee member,presented an overview of tree loss over past years and of the need for tree planting and maintenance. 10:30 p.m. Patrick Mehr,pr.3, moved the following substitute motion: AMENDMENT: The original motion, dated March 26, 2001 be replaced by the following motion: "Article 14: Tree Planting MOTION: That the sum of$50,000 be appropriated for the planting of public trees, and that such amount be transferred from the Unreserved Fund Balance'° i 10:31 p.m. Patrick Mehr explained the purpose of the amendment and the unanimous , -- support of the Tree Committee to use free cash for funding. . 10:35 p.m. Selectman Peter Enrich reported the majority of the Selectmen favor appropriation but the majority opposes the Amendment, and that free cash is not the right place for funding. If the amendment were to pass,the Selectmen's intent is to open Article 8 (b)to accommodate $50,000 for the trees from cash capital. 10:37 p.m. Sheldon Spector,pr.6, questioned Mr. Mehr on tree loss figures over the past years. Mr. Mehr explained the figures were taken from the Town Report. Department of Public Works Manager of Operations, Brian Gilbert, confirmed Town Report figures. 6 � Adjourned Session of 2001 Annual Town Meeting-May 14, 2001 10:39 p.m. Charles Hornig reported the Capital Expenditures Committee does not view trees to be a capital project and the Committee will oppose reopening Article 8(b)to provide funding. 10:40 p.m. Paul Hamburger reported the Appropriation Committee reviewed free cash estimates and FY2002 figures and opposes the use of free cash to fund this article. 10:42 p.m. John Carroll, pr.3, questioned planned tree planting. DPW Superintendent of Parks and Trees, Dave Pinsonneault, explained the tree planting plan. 10:44.p.m. Daniel Busa,pr.l, questioned developing a public/private tree planting I program. 10:45 p.m. Donald Chisholm,pr.4, questioned wording of the amendment and lack of inclusion of maintenance. Patrick�Mehr explained the funding intent is strictly for purchase of trees. David Pinsonneault explained DPW tree maintenance efforts within the operating budget. 10:48 p.m. Christopher Busa, pr.9, commented on possible support of landscapers performing work in the town. 10:49 p.m. Following an uncertain voice vote on Mr. Mehr's Amendment, the Moderator called for a standing vote, tallied as follows: Pct Yes No Abstain T 5 12 2 5 13 3 12 5 4 9 9 5 10 8 6 4 12 r 7 7 9 8 13 4 9 13 5 AL 6 10 TOTAL 84 87 . 10:50 p.m. With 84 having voted in the affirmativ.e and 87 in the negative, the Moderator declared the AMENDMENT NOT ADOPTEI3. 10:54 p.m. Peter Kelley,pr.4, sought clarification from the Moderator on tonight's process. The Moderator explained no articles would be taken up beyond Article 8(b). 10:55 p.m. Ephraim Weiss, pr.5, questioned the Selectmen's opening of Article 8 (b). 10:56 p.m. Selectman Peter Enrich explained the Selectmen's plans with Article 8 (b). 10:59 p.m. Following an uncertain voice vote,the Moderator called for a starding vote on AR�'ICLE 14,tallied as follows: Pct Yes No Abstain 1 7 10 2 7 10 � 3 11 5 I 4 11 6 � 5 15 2 6 12 5 7 8 8 8 13 4 9 10 6 AL 3 12 � TOTAL, 97 68 10:59 p.m. With 97 having voted in the affirmative, and 68 in the negative,the Moderator declared the MOTION under Article 14 ADOPTED. __ _- - _ - -_ _ _ _ _ � _ _ __ : _ _ _ _ ___ _ _ _ _ __ - --- ___ Adjourned Session of 2U01 Annual Town Meeting-May 14, 2001 � � 11:00 p.m. Selectman Peter Enrich MOVED RECONSIDERATION of Article 8 (b), as voted on April 2, 2001. Mr. Enrich explained the Selectmen's request to reconsider Article 8 (b)to pay for Article 14, as just adopted, under cash capital and to increase borrowing for Departxnent of Public Works by $50,000. 11:06 p.m. Thomas Griffiths, Capital Expenditures Committee, reported the Committee did not support this funding. 11:09 p.m. Richard Eurich reported a majority of the Appropriation Committee(8-1) opposes funding as.a capital-item or from free-cash. -� 11:10 p.m. Frank Sandy,pr.5, spoke in opposition to reconsideration. 11:10 p.m. Following a voice vote, the Moderator declared the Motion for RECONSIDER.ATION of Article�8(b)NOT ADOPTED. 11:11 p.m. Selectman Jeanne Krieger moved the meeting be adjourned until 8:00 p.m., Wednesday, May 16, 2001 at the Clarke Middle School Auditorium. 11:11 p:m. Following a voice vote the Moderator declared the MOTION ADOPTED. and the meeting adjourned unti18:00 p.m., Wednesday, May 16, 2001, Clarke Middle School Auditorium. � A true copy. Attest: � 6�i��- Donna M. Hooper, Town Clerk 68 2001 ANNUAL TOWN MEETING May 16,2001 _ The eighth session of the 2001 Annual Town Meeting was called to order by Town Clerk Donna M. Hooper at 8:00 p.m.,in the Clarke Middle School Auditorium. A quorum of 166 members was present. The Town Clerk explained, in the absence of Moderator Margery M. Battin,the task before the meeting was to appoint a Temporary Moderator for the evening. The Town Clerk sought a motion from the floor and recognized Selectman Jeanne Krieger. Selectman Krieger, prior to making a motion, explained Selectman Leo McSweeney was � absent due to recent heart surgery and extended the best wishes of the meeting to Mr. � McSweeney for a speedy recovery. Selectman Krieger moved Norman Cohen be appointed Temporary Moderator for the evening. With no further discussion, the Town Clerk called for the vote on Mrs. Krieger's motion. Following a voice vote,the MOTION was ADOPTED and Norman Cohen appointed Temporary Moderator for the evening. Moderator Norman Cohen explained meeting proceedings, and that precinct clerks were to serve as tellers and Mr. Eric Michelson as teller for the At-Large members. The Moderator explained the order of articles for the evening, beginning with Article 15; then reconsideration of Article 31, Article 41ine item 3000, and Article 4 in entirety. 8:12 p.m. The Moderator explained, in response to the numerous questions raised at last meeting pertaining to Cary Library,representatives from the Library would address questions at the beginning. 8:13 p.m. The iVloderator declared the meeting open under Article 15. ARTICLE 15: CARY MEMORIAL LIBRARY BOND AUTHORIZATIONS MOTION: That(a)the votes passed under Article 14 o.f the Warrant for the 1996 Annual Town Meeting and Article 3 of the October 22, 1997 Special Town Meeting be amended by deleting the words '°provided that the amount of the authorized borrowing shall be reduced by the amount of such aid received prior to the issuance of bonds or notes under this vote"; � and(b)that an additional $1,700,000 be appropriated to construct, . originally equip and furnish an addition to and remodel, reconstruct and � make extraordinary repairs to Cary Memorial Library, and to purchase � • additional library equipment including computer hardware and software; � � and that to meet this appropriation the Treasurer with the approval of the Selectmen is authorized to borrow$1,700,000 under G.L. c 44 §7. 8:13 p.m. Selectman Catherine Abbott explained the process undertaken for the library renovation and provided an overview of the building prograrn. 8:18 p.m. Scott Burson, pr.4, and School Committee member and Trustee of Cary Library,provided an overview of the process undertaken. 8:26 p.m. 1Zeverend Jed Snyder,pr.5, and Trustee of Cary Library, provided an overview of finances and changes in projected costs bringing the total project to $15,000,000. r" 8:35 p.m. Finance I3irector John Ryan explained the move of Cary Library to Cary I�all, and preparations undertaken. 8:36 p.m. Library Director Carol Mahoney spoke about daily living in Cary Library, building and programmatic problems, and issues with the 1906, 1955 and 1975 buildings. . Ms. Mahoney asked for the help of Town Meeting by supporting this article. 8:42 p.m. Selectman Catherine Abbott responded to some commonly asked questions including those regarding the library move and state code changes. � _ _ _ __ _- -- _ _ _ _ __ _ __--_-- -- _ Adjourned Session of 2001 Annual Town Meeting-May 16, 2001 � 9 8:46 p.m. Library Director Carol Mahoney reviewed the energy code standard changes, c.13, effective July 1. 8:48 p.m. William Dailey, Chairman of the Cary Library Foundation,reviewed Foundation and Trustee concerns with the current building. 8:58 p.m. Town Manager Richard White addressed project management and control of the project ahead. 9:04 p.m. Selectman Catherine Abbott summarized the project and requested the - support of Town Meeting. 9:06 p.m. The Moderator reviewed procedures for furthering debate and requested those not having previously spoken on May 14`"be given priority. . 9:07 p.m. Thomas Griffiths reviewed the impact of requested funding for this article on the cash capital position. Mr. Griffiths reported unanimous support of the Capital Expenditures Committee for Article 15. 9:10 p.m. Karen Dooks reported a majority of the Appropriation Committee (8-1) supports adoption of the Article. 9:16 p.m. David Rudner, pr.2, questioned the Appropriation Committee on funding implications on the long-term budget process. 9:18 p.m. Paul Hamburger, Appropriation Committee,provided financial estimates. 9:20 p.m. Thomas Griffiths, Capital Expenditures Committee, explained the Committee sees the impact on cash-capital only,possibly impacting the level of capital financing. 9:21 p.m. David Rudner, pr.2, questioned the mechanism for funding. 9:22 p.m. Paul Hamburger concurred with Mr. Rudner. 9:22 p.m. Eric Michelson,pr.l, asked Mr. Burson about cost changes and overages � . incurred by other towns due to similar problems. Scott Burson,pr.4, deferred to Ms. . , Mahoney who explained the project status of other communities. . 9:24 p.m. Eric Michelson,pr.l, further questioned the state grant process and impact on discrepancies in prices. Selectman Catherine Abbott explained the process and explained the town had no information on price differences of other communities. 9:26 p.m. Eric Michelson, pr.l, questioned the Town Manager regarding a commitment on the library's move, and on changes in persons involved with the library project. 9:26 p.m. Town Manager Richard White explained he was unaware of any commitment made which restricted movement of the Library to Cary Hall. Mr. White further stated his responsibility to report financial aspects of the project to town meeting, and summarized the close work of the Permanent Building Committee, staff and Trustees, etc. 9:28 p.m. Joyce Miller,pr.7, questioned the Library Foundation coverage. 9:30 p.m. Paul LaPointe,pr.2, spoke in support of the project and expressed gratitude to those involved. Mr. LaPointe expressed his profe�sional confidence in the management of the project. 9:33 p.m. Roger Borghesani,pr.8, questioned Selectman Catherine Abbott on the 19981ibrary approp'riation,today's request, and the town guarantee should fundraising not be completely successful. 7 O Adjourned Session o,f 2001 Annual Town Meeting-May 16, 2001 9:35 p.m. Karen Dooks, Appropriation Committee, explained tlie $9.5 M includes contingency if the Foundation is short on fundraising. 9:35 p.m. Roger Borghesani,pr.8, further questioned the financial obligation. 9:36 p.m. Paul Hamburger, Appropriation Committee, further.clarified the $9.5 M. 9:37 p.m. Norman Cohen, as Town Counsel, explained the requirement for the Comptroller to sign a contract, that this motion must be passed and only necessaty funds will be borrowed. _� 9:38 p.m. Elizabeth Haines, 279 Concord Avenue, and President of the League of Women Voters, reported the unanimous support of the LWV for this Article. 9:40 p.m. Edith Sandy,pr.6, questioned major changes due to the law suit against the town, and estimated costs. Library Director Carol Mahoney explained the changes. 9:41 p.m. Edith Sandy,pr.6,then questioned the cost of furnishings. Selectman Catherine Abbott explained the furrushings estimate. 9:43 p.m. Edith Sandy, pr.6, questioned examples where the building may not satisfy the new energy code. Selectman Abbott explained the delay for review& approval would be costly. Library Director Carol Mahoney explained energy code requirements met by the building design. Peter Kelley, pr.4, Permanent Building Committee, explained the building design includes the critical parts of the new energy code. 9:47 p.m. Edith Sandy, pr.6, questioned the Foundation's coverage of any fundraising shortage. William Dailey, Cary Library Foundation, explained the Foundation's commitment. 9:50 p.m. Neal Boyle,pr.7, spoke in opposition. �-� � 9:55 p.m. Robin DiGiammarino,pr.2, School Committee, reported all School Committee Members support the motion. 9:57 p.m. Florence Baturin,pr.6,moved the question. , 9:57 p.m. The Moderator called for the main question now being put. Following a voice vote, the 1Vloderator declared the main question now put and explained 3 minutes � are available to the maker of the motion, � �. � . 9:58 p.m. Selectman Catherine Abbott clarified capital and operating budget issues and the Board of Selectmen°s intent for funding to be taken from cash-capital budget. 9:58 p.m. Following a request for a roll call vote,with less than 50 persons rising, the Moderator reminded the members the motion required a two-thirds vote and called for a voice vote. 9:59 p.m. Following a voice vote,the Moderator DECLARED the MOTION for ARTICLE 15 ADOPTED by more than the required TWO-THIRD VOTE. 9:59 p.m. Michael Schroeder,pr.9, challenged the two-thirds vote. With less than 7 persons rising in support,the Moderator DECLARED the MOTION ADOPTED. � 10:01 p.m. Selectman Dawn McKenna moved RECONSIDERATION of ARTICLE 31: AMEND SECTION 6 of ARTICLE I OF THE GENERAL BY-LAWS,NON-CRIMINAL DISPOSITION Selectman McKenna explained the article and purpose for reconsideration, addressed perceived misunderstandings regarding the authority and actioi�s of the Historic Districts Commissions. 10:05 p.m. Richard Michelson;pr.8, spoke against reconsideration. 10:06 p.m. Joann Gschwendtner, Historic Districts Commission Chairman, explained the role of guidelines and the HDC's judging of properties on an individual basis. Selectmari McKenna further explained guidelines are one resource available to applicants. _ ___ _- -- _. ---- -- _- � __ _ _--- _ _ _ _ _ _ __ __ ._ _ _ ---- _ _. Adjourned Session of 2001 Annual Town Meeting-May 16, 2001 7 l 10:10 p.m. Paul Chernick,pr.6,reminded members of commitments made and the special act of the legislature wasn't committing the town to anything and questioned the creditability of the proponents. ,Selectman McKenna responded to Mr. Chernick's points. 10:16 p.m. Mazgaret Coppe,pr.9, stated a point of order, and questioned if this was a debate or comments on reconsideration. The Moderator concurred and emphasized comments should be concentrated on the motion for reconsideration. 10:16 p.m. Paul Chernick,pr.6, stated a point of order, and explained he hasn't posed any questions. . _� 10:17 p.m. Joel Adler, pr.l,urged defeat of reconsideration. 10:18 p.m. Ephraim Weiss,pr.5, urged defeat of reconsideration. 10:19 p.m. Alan Lazarus, pr.6, questioned if reconsideration doesn't prevail. The Moderator explained. . 10:21 p.m. With no further persons seeking to speak,the Moderator called the question on reconsideration of Article 31. Following a voice vote, the Moderator DECLARED RECONSIDERATION NOT ADOPTED. 10:21 p.m. Alan Lazarus, pr.6, moved reconsideration of, ARTICLE 4: OPERATING BUDGET, LINE ITEM 3000:DPW General Expenses Mr. Lazarus presented reasons for reconsideration and plans for an amendment should reconsideration prevail. 10:24 p.m. David Kanter,pr.7, and PAYT Advisory Committee, spoke in opposition to reconsideration. 10:30 p.m. Selectman Jeanne Krieger reported a majority of the Board of Selectmen oppose reconsideration, that there has been no new information before the meeting, and reviewed misinformation. J . 10:35 p.m. Peter Kelley,pr.4, addressed procedural issues and debate for reconsideration. 10:36 p.m. Sheldon Spector, pr.6, questioned the thirty minute time limit. � 10:37 p.m. Matt Zettek, PAYT(Pay As You Throw) Coordinator, explained feedback . . from the community and spoke on program design. 10:39 p.m. Alan Levine, Appropriation Commi+tee,reported a majority of the Appropriation Committee recommends NO reconsideration, as no substantive new . information has been presented. 10:41 p.m. David Burns, pr.5, questioned the relevancy of comments to reconsideration. Mr. Levine continued with his comments. 10:42 p.m. Nicholas Cannalonga,pr.3, questioned the vote of the Appropriation Committee. Mr. Levine reported vote to be 6 opposed to reconsideration and 2 in favor. 10:43 p.m. Peter Kelley,pr.4, urged reconsideration and presented information he viewed as new. � I10:45 p.m: Lorraine Fournier, 24 Cedar Street, spoke against PAYT. � 10:50 p.m. Martin Long,pr.6, moved extending debate 30 minutes. The Moderator explained debate could be extended if reconsideration were to be voted. ' 10:51 p.m. Nancy Bryant, 56A Blossomcrest Rd., spoke in favor of reconsideration. 10:55 p.m. John Andrews, 22 Kendall Rd., PAYT Committee, spoke against reconsideration: � With time for debate for reconsideration having expired,the Moderator called the vote on reconsideration. 72 Adjourned Session of 2001 Annual Town Meeting-May 16, 2001 10:59 p.m. Following a voice vote on reconsideration of Article 4, Line Item 3000,the Moderator declared the vote uncertain and called for a standing vote,tallied as follows: Precinct Yes No Abstain 1 12 5 2 10 7 3 4 9 4 5 13 5 6 8 6 7 10 7 . 6 9 ��i 8 4 13 9 4 13 ,.--� AL 4 7 TOTAL 62 94 11:04 p.m. With 62 in favor of reconsideration, and 94 opposed,the Moderator DECLARED THE MOTION NOT ADOPTED. 11:05 p.m. Deborah Brown, Appropriation Committee, moved RECONSIDERATION of ARTICLE 4: OPERATING BUDGET, and reported a majority of the Appropriation Committee(7-2) supports reconsideration. Ms. Brown reported should reconsideration prevail, the Appropriation Committee will be proposing an amendment to line items 1100 and 1710 to balance the budget. 11:11 p.m. Selectman Peter Enrich reported the Board of Selectmen unanimously opposed reconsideration. 11:13 p.m. The Moderator clarified line item 3000 would not be reopened if reconsideration prevails. 11:14 p.m. Philip 1Vlorse-Fortier,pr.7, questioned support of the School Committee � and Planning Board for reconsideration. Robin DiGiammarino reported the School Committee is in unanimous opposition. Anthony Galaitsis reported the Planning Board is � in unanimous opposition. � 11:15 p.m. Paul Hamburger, Appropriation Committee, clarified new information. . � 11:16 p.m. David Kessler, pr.3; spoke against reconsideration. 11:17 p.m. Loren Wood, pr3, spoke in support of reconsideration. � • 11:17 p.m. Martin Long,pr.6, moved the question. 11:17 p.m. After a voice vote on the question of calling the question on reconsideration, the Moderator declared the vote on reconsideration now called. 11:18 p.m. Following a voice vote on Reconsideration of Article 4,the Moderator declared the MOTION for RECONSIDERATION NOT ADOPTED. l 1:18 p.m. The Moderator declared the meeting open under ARTICLE 36. Presented by Selectman Peter Enrich. Mr. Enrich moved: AI2TICI.E 36: USE OF FUNDS TO REDUCE THE TAX RATE MOTION: That the sum of$1,191,923 be appropriated to reduce the � tax levy for the fiscal year beginning July 1, 2001, and that such amount ) be transferred from the Unreserved Fund Balance. �--� . 11:20 p.m. Paul Hamburger reported the opposition of the Appropriation Committee to Mr. Enrich's motion and explained the Committee wished to propose an amendment which would make the PAYT rubbish disposal program revenue neutral. Mr. Hamburger moved the following amendment, . AMENDMENT: The amount, $1,191,923, be replaced by the amount, $1,404,923. Mr. Hamburger explained the $213,000 difference in funding makes the PAYT revenue neutral for 2002. __ __ _ ____ _ _. __ -_ _ -- _ � _ _ _ . __ _ _ _ _ _ __ _ _ __ __ Adjourned Session of 2001 Annual Town Meeting-May 16, 2001 I � 11:22 p.m. Selectman Enrich reported opposition to the amendment by a majority of the Board of Selectmen which believes; it is appropriate to use some of the PAYT revenue; at no time were commitments made that PAYT would be revenue neutral; and the amendment is a dangerous invasion of free cash. 11:26 p.m. Patrick Mehr, pr.3, spoke in favor of the amendment. 11:28 p.m. Albert Zabin, pr.l, spoke in opposition to the amendment. 11:29 p.m. Loren Wood, pr.3, spoke in favor of the amendment. 11:31 p.m. Alexander Nedzel,pr.3, spoke in favor of the amendment. 11:32.p.m. Carol Millard, 85 North St., spoke in favor of PAYT neutrality and -- gaining the trust of the citizenry. 11:34 p.m. Following a voice vote on the amendment, the Moderator declared the AMENDMENT NOT ADOPTED. With more than 20 doubting the vote, the Moderator called for a standing vote on the amendment,tallied as follows: Precinct Yes No Abstain 1 2 6 2 4 4 3 6 5 4 7 8 5 8 2 6 4 11 7 6 9 8 2 12 9 5 10 AL 7 4 TOTAL 51 71 11:34 p.m. With 51 voting in the affirmative, and 71 in the negative,the Moderator DECLARED the AMENDMENT NOT ADOPTED. 11:37 p.m. Following a voice vote on the main motion on ARTICLE 36, the � Moderator declared the MOTION ADOPTED. 11:38 p.m. Selectman Jeanne Krieger moved the 2001 Annual Town Meeting be dissolved. � 11:38 p.m. Following a voice vote the Moderator declared the MOTION ADOPTED and the 2001 Annual Town Meeting DISSOLVED. A true copy. i Attest: Donna M. Hooper, Town lerk Frederick L. Merrill, Jr. , 22 Downing Road, resigned as a Town Meeting Member from Precinct Four effective May 21, 2001. Mr. Merrill's unexpired term ending March 2003 will be filled at the next Annual Town Election. '� Philip Morse-Fortier, 20 Bernard Street, resigned as a Town Meeting Member -- from Precinct Seven effective May 31, 2001. Mr. Morse-Fortier's unexpired term ending March 2002 will be filled at the next Annual Town Election. Ronald W. Colwell, 127 Kendall Road, a Town Meeting Member from Precinct Four, died September 4, 2001. Mr. Colwell's unexpired term ending March 2002 will be filled at the next annual Town Election. � Stacey Bridge-Den�ak, 38 Cedar Street, resigned from the Planning Board effective September 14, 2001. Ms. Bridge-Denzak's unexpi:red term, ending March 2003, will be filled by the Board of Selectmen and Planning Board appointment until the March 2002 Annual Town Election. Karl P. i�astorf, 545 Bedford Street, was appointed at a joint meeting of the Board of Selectmen and Planning Board on October l, 2001, to fill the vacancy created by the resignation of Stacy Bridge-Denzak, until the 2002 Annual Town Election. 74 Marjorie K. Maddoff, 27 Normandy Road, a Town Meeting Member from Precinct Three, died November 11, 2001. Ms. Madoff's undexpired term ending March 2003 will be filled at the next annual Town Election. David Rudner, 47 Carville Avenue, a Town Meeting Member from Precinct Two, resigned as a Town Meeting Member effective December 3, 2001. Mr. Rudner's unexpired te�m ending March 20G4 wi11 be filled at the next Annual Town Election. , Robert A. Bowyer, � Woodcliffe Rd. , a Town Meeting Member from Precinct Three, ' resigned from Town Meeting effective January 2, 2002. Mr. Bowyer's unexpired term ending March 2004 will be filled at the next Annual Town Election. Michelle Hutnik, 10 Hilltop Avenue,submitted her resignation from the School Committee December 14, 2001 to be effective March 1, 2002. Ms. Hutnik's unexpired term ending �arch 2003 will be filled at the next annual Town Election. Paul E. Mazerall, 32 Roosevelt Road, a Town Meeting Member from Precinct Nine, removed from the precinct to 8 Westwood Road on January 4, 2002. Mr. Mazerall's unexpired term ending March 2003 will be filled by the candidate receiving the ' " highest number of votes as a defeated candidate for Town Meeting from Precinct Nine at the 2002 Annual Town Election. ___. ____ __ _ _ _ _ -- -- _ __ _ __ _ ____ _ --- - --- _ _ __ �_ _ _ _ _ _ Town Election � March 4, 2002 7 c v WARRANT FOR TOWN ELECTION — (SEE WARRANT FILE) TOWN ELECTION — MONDAY, MARCH 4, 2002 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Monday, March 4, 2002 at _ 7:00 a.m. The following places were designated as the voting places for the various precincts: Precinct One, Harrington School; Precinct Two, Bowman School; Precinct Three, Jonas Clarke Middle School; Precinct Four, Bridge School; Precinct Five, Fiske School; Precinct Six, William Diamond Middle School; Precinct Seven, Joseph Estabrook � �; School; Precinct Eight, Central Fire Station; Precinct Nine, Maria Hastings School �� ^ The election officers and Wardens of the various precincts were assigned for duty as follows: Precinct One Precinct Two R Robert N. Foster Warden D Gerald Abegg D Margaret Blouin Clerk U/D Dorothy Bond/Rebecca Fagan D Robert Blouin Inspector D Donna Alexson D Jeannette Cerulli D Arline Bums (AM) U Margaret Kelly(AM) Inspector R Robert Edwards U Doris Pemberton tnspector D Leonora Feeney(PM) U Richard Remberton Inspector D Eileen N. McAlduff(PM) U Barry Sampson Inspector U Marjorie McNicholas D Bernice Weiss(AM) Inspector U Clifford Pehrson Precinct Three Precinct Four D Marjorie Modoono Warden D Gulli Kula U Alice Hopkins Clerk R Richard Crawford D Maarib Bazzaz Inspector U Robert Bennett D Rita Casey Inspector U Doris Berkstresser U Faith Fenske Inspectoc D L. Gail Colwell (AM) U Marcia Flint Inspector U Mary Devoe D M. Elinor Greenway Inspector U Elizabeth Fleming (AM) D Elizabeth McLaughlin Inspector R Raymond Flynn (AM) D Robert Tracey Inspector R Marilyn Ford Inspector D Elizabeth Patrician (AM) Inspector R Dana Regillo � � Inspector U Eleanor Smith Precinct Five Precinct Six D Eric Kula Warden R Dorothy Boggia U Grace Ayers Clerk U/U Mary Casey/Harriett Morrison R Hazel Allison Inspector R Shirley Bullock(PM) D Henry Beerman Inspector U Alla Fedus D Helen Cravis (AM) Inspector D Hazel Graham R Marilyn Ford Inspector U Carolyn Murphy R Dorothy Gauthier D Catherine Rego R Nicholas Hay(AM) Inspector R William Simmons U Ralph McDewell Inspector R Barbara Simmons D Priscilla Winter Inspector Precinct Seven Precinct Eiqht D Ephraim Weiss Warden U Leo Chudigian U Bernice Gerrig Clerk -U Judith Chudigian U Beverly Aker Inspector U Claire Abernathy D Mary Ayvazian Inspector R Doris Barclay D Maureen Brown Inspector R Elinor Bettencourt D Mildred Collentro Inspector U Rita Cassettari(PM) D Robert Greenway Inspector U Ann Diamond U Sylvia Haroules(AM) Inspector D Francine Edwards �; D Edna Holloran Inspector U Kenneth MacWilliams U Audrey Hosford (PM) Inspector D George McCormack(AM) �--- Inspector D Barbara Perrotta Precinct Nine U David Kanter Warden R/U Carole Scalise/Clark Schuler Clerk U Carole Butler Inspector D Edith Paster(PM) R Shirley Knox Inspector D Robert Ryan R Janet Lowther Inspector U Judith Schuler Inspector U Anne Taylor(AM) The election officers were sworn to the faithful pertormance of their duties. The polls were declared open in each precinct at seven o'clock A.M. and remained open until eight o'clock P.M., at which time, after due notice, the polls were declared closed. 7 6 Town Election March 4, 2002 Total of 20,079 registered voters eligible to vote as of February 12, 2002: Pct. Registered Democrat Green Libertarian Republican Unenrolled Other* Voters 1 2059 823 1 322 912 1 2 2365 � 1092 4 1 278 987 3 ' 3 2089 814 1 330 942 2 4 2350 971 2 2 342 1031 2 5 2319 892 1 1 432 991 2 6 2320 983 5 384 943 5 7 2262 923 2 1 348 984 4 8 2165 862 4 343 955 1 � I 9 2150 813 1 5 306 1023 2 � � Total 20079 8173 11 20 3085 8768 22 P.1- 1 Inter. Party; P.2 — 1 Green Party USA, 2 /nter. Party; P.3 — 1 Inter. Party, 1 Socialist;P.4—1 Infer. 3'd Party, 1 Socialisf; P.5—1 Inter. 3'd Party, 1 Reform; P.6— 2 Socialist, 1 Reform, 1 Inter. 3'd Party,l Green Party USA; P.7 — 2 /nter. 3'd Party,1 Reform, 1 Rainbow Coalition;P.8— 1 Green Parfy USA;. P.9—2 Green Parfy USA Election results were delivered to the Town Clerk at the Town Office Building. 28% of the registerecl voters cast their vote. The Town Clerk and Board of Registrars canvassed the results as follows: ABSENTEE BALLOT BREAKDOWN Ballots Ballots � Applications Timely Returned Bailots Pct Processed Returned Late/Undeliv Counted erable 1 12 10 0 10 2 40 36 0 36 3 37 32 3 32 4 29 28 1 28 5 29 26 2 26 6 56 51 0 51 ��' 7 29 26 0 26 8 41 38 2 38 ,J 9 20 16 0 16 Totals 293 263 8 263 ____ ___ r _._ . ___- _- ----___ __ _ _ _ -- - ---- -__- _ _ _ _ __ Town Election March 4, 2002 7 � / TOWNWIDE OFFICES Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL Totai Registered Voters 2059 2365 2089 2350 2319 2320 2262 2165 2150 20079 Total Votes 552 684 516 678 600 765 660 730 634 5719 Percent Voting 27 29 25 29 26 33 29 34 25 28 Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL SELECTMAN (TWO for 3 Years) CATHERINE M.D.ABBOTT 214 346 281 356 246 375 374 357 228 2777 *DAWN E. MCKENNA 346 390 269 398 380 456 319 383 275 3216 L_; "WILLIAM P. KENNEDY 362 364 269 399 395 439 375 450 374 3427 ALL OTHERS Joel F.Aufiero 1 � Noam Chomsky � � Paul Drury 1 1 Michael Bums � � Daniei Busa � � 2 Edward Shaprio � � Ephraim Weiss � � Gerald Lacey $ 8 Paul Marshall � � Nicholas Galf � � Stephen Tripi � � Janet Moran � � Sherry Gordon � � Shannon Miranda � � David Needham 1 1 Henry Barg 1 1 Sigmar Tullmann � � Perry Pollins � � J.Eugene Beauchemin � � Joseph Walsh � � r... Daniel Lucas � � BLANKS 180 264 211 203 176 248 250 270 187 1989 � ; *elected for thiee years Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL MODERATOR(ONE for 1 Year) '`MARGERY M. BATTIN 343 465 343 435 376 503 433 457 352 3707 � ALL OTHERS Joel F.Aufiero � � William Simmons 3 3 Stephen Tripi � � 2 Albert Zabin � � Matthew Thenen � � Daniel Busa � � Perry Pollins 1 � William Daitey � � John Curry � 1 Florence Kopiow . � � Kenneth Hintlian � � John Lucente � � Lorraine Fournier 1 � Robert Burbidge 1 1 Nicholas Santosuosso � � 2 Henry Barg � � BLANKS 207 219 171 239 223 259 224 273 177 1992 "e/ected for one year 7 Q Town Election March 4, 2002 v Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL SCHOOL COMMITTEE (ONE for 3 Years) 'THOMAS V. GRIFFITHS 307 368 298 371 337 423 414 383 304 3205 ALL OTHERS Joel F.Aufiero 1 1 Perry Pollins 1 1 2 4 Janet Almeida 1 1 � Stephen Tripi 1 1 John Carroll 1 1 2 James LoCicero 1 - 1 Matthew Thenen 1 1 Daniel Amiralian 1 1 Sean Keily 1 1 � Georgia Glick 1 1 I Therese von Rickenbach 1 1 �--� Robin DiGiammarino 1 1 Judith Boxer 1 1 Henry Barg 2 2 David Needham 1 1 Leslie Wilcott-Henrie 1 1 Siobhan Quinlan 1 1 Lucy Lodcwood 1 1 BLANKS 242 314 217 303 260 341 241 347 226 2491 '`e/ected for three years Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL SCHOOL COMMITTEE(ONE for 1 Year) 'ROBIN B. DIGIAMMARINO 301 425 318 413 340 463 396 432 319 3407 ALL OTHERS Leslie Wilco4t-Henrie � � Pauline Robertson 1 1 John Carroll 2 1 3 Peter Kelley 1 1 Joan Small 1 1 2 James LoCicero 1 1 Matthew Thenen 1 1 ---i Casimir Groblewski 1 1 � Donald Brick ' � �� Barry Glass 1 1 Stephen Tripi 1 1 1 2 5 Ann Kane 1 1 1 3 John Moriarty 1 1 Perry Pollins 1 1 Therese von Rickenbach 1 1 James Barry � � Merrill Forman 1 1 • Davide Schock 1 � Henry Barg � � Thomas Griffiths 1 1 Philip Gilman � � BLANKS 247 2564 196 261 253 300 261 298 210 2282 *elected for one year ,—�, I .J __. 1 __ __--- ____ _ _ -- _ ---- -- __ _ Town Election March 4, 2002 7 9 Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL PLANNING BOARD(ONE for 3 Years) *ANTHONY G. GALAITSIS 280 381 298 372 345 445 364 379 286 3150 ALL OTHERS Peter Kelley 1 � Susanne Kouri 1 � _ Matthew Thenen 2 2 Phyllis Brick � � Jeffrey Crampton � � John Carroll � � Judith Moore � � Henry Barg ' � Thomas Taylor 1 � ' Michael Barg � � -- Kevin Foley � � Daniel Busa � � William Herring � � Lois Schnitzer � � Paul Lapointe � � William Trautman � � Winston E.Flynn � � BLANKS 270 299 216 303 251 320 293 351 248 2551 *elected for three years Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL PLANNING BOARD(ONE for 1 Year) *KARL P. KASTORF 256 325 273 324 278 365 342 347 268 2778 ALL OTHERS Peter Kelley � 1 Susanne Kouri 1 � Matthew Thenen 2 2 Jeffrey Crampton 2 2 Charles Homig � � Raymond Gelinas � � Kevin Foley 2 2 Michael Cassettari � � Daniel Busa � � � Lois Schnitzer � � Andrew McAleer � � James Galloway � � 2 John Carroll � 1 Frederick Conroy 1 1 , BLANKS 294 356 242 349 318 398 317 383 266 2923 *elected for one year � Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL LEXINGTON HOUSING AUTHORITY (ONE for 5 Years) *LEONA W. MARTIN 294 362 294 359 327 397 359 384 297 3073 ALL OTHERS James LoCicero � � Henry Barg � � Sean Kelley � 1 Daniel Busa � � Douglas Lucente � 1 John Carroll � � Winston E.Flynn � � David Schock � � Thomas Taytor � � �"' BLANKS 257 319 221 316 273 368 300 346 237 2637 "elected for five years � , 8 o Town Election March 4, 2002 TOWN MEETING Precinct 1 Total Totai (Seven for 3 years Votes Votes *NANCY M. ADLER 261 *ALBERT P. ZABIN 234 *JAMES E. BARRY 265 "JOHN C. BARTENSTEIN 294 "MARY BOWES 259 DAVID HORNSTEIN 166 CAROL BUKYS 232 *JOHN F. ROSSI 304 - *DANIEL P. BUSA, JR. 311 BLANKS 1534 ALL OTHERS Richard Horn 1 William Barrett 1 Perry Polins 1 Jean Banett 1 "elected for 3 years . Precinct 2 Total Totai � (Seven for 3 years;One for 2 years) Votes Votes ,�,,,� "ROBERT W. CUNHA 366 *DANIEL A. LUCAS 364 � ''ROBIN B. DIGIAMMARINO 398 "CHRISTINA J.WELCH 361 *PAUL H. LAPOINTE 334 "JUDITH BOXER 99 "LUCY LOCKWOOD 347 **JOSEPH WALSH 93 ALL OTHERS BLANKS 2796 J.Eugene Beauchemin 66 Alice Oliff 1 David Schock 63 Judith Brosnan 1 Jonathan Kutrubes 48 Karen Gray 1 Winston E.Flynn 42 Robert Scherzer 1 Barry Caouette 38 Jay Ludcer 1 John Christopher Carrig 14 William Aitken 1 Robert McNamara 11 David Burton 1 EricAustin 3 ArthurRitchie 1 Afan Sherman 2 Vicky Schwartz 1 Kevin Foley 2 Andrew McAleer 1 Robert Warshawer 2 Haigaz Lazarians 1 Robert Nasson 2 Elizabeth Wilson 1 Ben Goldstein 2 Ira Bernstein 1 Jay Goldstein 2 Douglas Holmes 1 Alessandro Alessandrini 7 Kenneth Elmore 1 Christine Maestri 1 "'elected for 3 years "'`elected for 2 years .--� Precinct 3 Total Total I (Seven for 3 years; One for 2 years; Votes Votes "J Three for 1 ear) *NICHOLAS A. CANNALONGA 264 *SHIRLEY RAUSON FRAWLEY 265 *DAN H. FENN, JR. 295 #KEVIN R. JOHNSON 213 "WILLIAM J. FRAWLEY 266 *ARTHUR KATZ 258 "GLORIA V. HOLLAND 248 ***DANIEL A. PION 178 , '`DAVID J. KESSLER 249 **"DARWIN P. ADAMS 99 #ALEXANDER E. NEDZEL 213 BLANKS 3084 � ALL OTHERS Susan McWeeney 21 Rasheed Townes 1 Shannon Miranda 6 Loren Wood 9 John Carroll 3 Angela Frick 1 Richard Eurich 2 Warren Winslow 1 Michael Townes 2 Ann Munchmeyer 1 Judith Boyer 2 Joann Greene 1 Nancy Bryant 1 Paul Keene 1 *elected for 3 years **elected for 2 years "**elected for 1 year #tie to be voted by precinct Precinct 4 Total Total (Seven for 3 years; One for 1 year) Votes Votes *JOHN L. DAVIES 334 *MARTIN K. WHITE 350 ***MICHELLE HUTNIK 298 *LISA A. BACI 352 "'DOUGLAS M. LUCENTE 321 "BEVERLY KELLEY 395 ---ti *NICHOLAS SANTOSUOSSO 345 '`RUTFi S. THOMAS 368 � ALL OTHERS BLANKS 2646 Maria Haynes 7 Robert Katz 1 John Igoe 2 Carol Counihan 1 Richard Foley 9 Gail Buczkowski ' David Singer 1 Stanley Griffith 1 "elected for 3 years '`*"elected for 1 year ____ _ _ _ - -- - _- - _ _ ___ � __ _ _ _ _ _ _ Town Election March 4, 2002 Q � v Precinct 5 Total Total Seven for 3 ears Votes Votes *MARJORIE M. DAGGETT 314 "EPHRAIM WEISS 285 `ANTHONY G. GALAITSIS 309 *DAVID G. WILLIAMS 303 *JOHN HAYWARD 296 '"PAUL F. BARNES 297 *LORETTA A. PORTER 262 BLANKS 1865 SAMUEL L. POWERS 259 ALL OTHERS _ Wal�ace Cupp 2 John Frey 1 Matthew Thenen 2 Bruce Leader 1 Andrew Friedlich 1 Sally Huebscher � Blair Ruocco 4 Edward Shapiro 1 "elected for 3 years ; Precinct 6 Total Total ; (Seven for 3 years;One for 2 years; Votes Votes One for 1 ear) 'MARSHALL J. DERBY 404 *NORMAN P. COHEN 446 "MORTON G. KAHAN 382 `JONATHAN A. HIMMEL 373 *DAVID L. KAUFMAN 400 *i`THOMAS M. ZIMMER 345 *DANA Z. WENDEL 366 **'`FLORENCE KOPLOW 199 *ROBERT V. WHITMAN 395 BLANKS 3394 ALL OTHERS Gerald Lacey 127 Elizabeth Jas � Paul E.Mazerall 27 Susan Solomon � William Simmons 6 Anne Ripley 1 Leslie Wilcott-Henrie 5 Frederick Johnson � Ronald Pawliczek 3 Marilyn Jacobs � Caroline Bohn 1 Alfred Prudhomme � Suzanne Barry 1 Howard Levingston � Richard Pagett 1 Sarah Warren � Alex Hammer,Jr. 1 Eric Carlson � *elected for 3 years "*elected for 2 years *"*elected for 1 year Precinct 7 Total Total (Seven for 3 years) Votes Votes � "`DEBORAH J. BROWN 391 'WENDY C. RUDNER 278 ''THOMAS V. GRIFFITHS 380 `JOHN E. TAYLOR 326 `PHILIP K. HAMILTON 362 *MARTHA C. WOOD 392 � *KARL P. KASTORF 278 EDWARD B. FEINMAN 237 ALL OTHERS I� ._ Sally Lloyd-O'Leary 3 BLANKS 1964 Michael Barg 2 Marcel Dardati � Judith Singer 1 Stephen Foster � Kenneth Walker 1 David Needham � Nancy Hubert 1 Doris Barg � *elected for 3 years Precinct 8 Total Total (Seven for 3 years; One for 2 Votes Votes ears; Two for 1 ear � *ROGER F. BORGHESANI 409 'LORRAINE M. FOURNIER 27g *MARGARET BRADLEY � 368 *STEWART G. KENNEDY 415 *FLORENCE E. CONNOR 369 "*DAV/D C. HORTON 20� *CHARLES HORNIG 366 "**LARRY N. BELVIN 171 'RICHARD MICHELSON 495 **'ANNE E. FRYMER 162 ALL OTHERS BLANKS 3584 Richard D.Beamon 158 Donald Bailey � Jackson T.Brincklow 137 Jean Williams � Sally A.Neale 114 Arthur Orenberg � Nancy W.Madden 45 Patricia Heggie � Stephen Tripi 4 Walter Gillett � � Richard D.Sandberg 3 Gerald Frank � Michael Swack 2 Karen Bechtel � Janet Athens 2 Mitchell Kase � -- Susan Osten 2 Sara Lacy � John Stacy 2 David Rothstein � Debra Rothman 1 James Sullivan � *elected for 3 years **elected for 2 years ***elected for 1 year 8 2 Town Election March 4, 2002 Precinct 9 Total Totai (Seven for 3 years; One for 1 Votes Votes ear 'ALICE J. ADLER 267 *JANICE A. KENNEDY 343 ""CHRISTOPHER P. BUSA 240 *WENDY MANZ 264 "DONALD A. CHISHOLM 292 'RICHARD SCHAYE 241 "MARY E. DONAHUE 252 MICHAEL E. SCHROEDER 217 � "EMILY R. DONOVAN 259 BLANKS 1886 ALL OTHERS Margaret Coppe 1 Francine Stiegtitz 3 Ruth Liberman 1 Geoffrey Wade 1 Jonathan Burstein 1 Daniel Perez 1 Ann Miller 1 Andrew Aufiero 1 ,---i William Levison 1 James Cosgrove 1 ' l "elected for 3 years *`*elected for 1 year J A true copy. ' � Attest: ��`- Donna M. Hooper, To Clerk Paul E. Mazerall, 32 Roosevelt Road, removed as a Town Meetina Member from Precinct 9 effective January 4, 2002. Michael E. Schroeder, 2^'Welch Road, received the rig},est number of votPs as a defeated candidate for Town Meeting from Precinct Nine at the Annual Town Election held March 4, 2002. As of March ll, 2002 Mr. Schroeder's acceptance of the position of Town Meetina Member, Precinct Nine, to fill the vacancv cailsed by the removal of Mr. Mazerall, 32 Roosevelt Road (exp. 2003) , has been filed with the Town C.lerk. This term will expire March 2003. ----, I William P. Kennedy, 135 Wood St.reet, resianed as a Town Meeting Member � from Precinct Nine effective March 5, 2002. As Mr. Kennedy was elected ---� to the Board of Sele�tmen at the Annual Town E1_ection he].d March 4, 2002, he is now � Town Meetina Member at I,arqe in accordance with Chapter 215, Secti.on 3 of the Acts of 1929. Francine Stiegl_itz, 3 Amherst Street, receiv.ed the hicrhest number of votes as a � defeated write-in candic�atP for Town Meeting .f.rom. PrPcinct Nine at the Annual Town Election held March 4, 2002. As of March 11, 2002 Ms. Stiealitz's acceptance of the positi,on of Tawn Meetinq Member;� Precinct Nine, to fill the vacancy caused by the resignation of William P. Kennedy, 135 Wood Street, has been filed with the Town Cl.erk, This term will expire March 2003. Myla Kabat-Zinn, 58 Oak Street, resigned as a Town Meeting Member_ from Precinct Two effective March 6, 2002. J. Eugene Beauchemin, 10 Aerial Street, received the hicthest number of votes as a defeated write-in candidate for Town Meeting from Precinct Two at the Annual Town Election held March 4, 2002. As of March 11, 2002 Mr. Beauchemin's acdeptance of the position of Town Meeting Member, Precinct Two, to fill the vacancy caused by the resignation of Myla Kabat-Zinn (ex�.2004) of 58 Oak Street, has been filed with the Town Clerk. This term will expire March 2003. ___ _ _ _ _ __ -- __--- - __ _ _ --- _ ____ _ I. _ . 83 SPECIAL ELECTION - PRECINCT 3 TOWN MEETING March 25, 2002 A special election of Town Meeting Members of Precinct TYiree was held on Monday, March 25, 2002 at 7: 15 p.m. , National Heritage Museum`Auditorium. At the Annual Town Election neld March. 4, 2002, Alexander E. Nedzel, 4 Chadbourne Rd. , and Kevin R. Johnson, 283 Concord Ave. , each received 213 votes as a candidate for Town Meeting Member from.P.recinct 3, therefor creating a tie. This Special Eiection is held to determine which candidate wi1l fi11 the two-year term ending March 2004. The meetig was called to order at 7: 15 p.m. A quorum of ' 11 Precinct Three Town Meeting Members were present. � rleeting Chair�an: Nicholas Cannalonga - �Meeting C1erk: Patrick Mehr The election was held by secret ballot, counted by Nicholas Cannalonga and Patrick Mehr. Results as follows: �ilexander E. i�edzel 11 Kevin R. Johnson 0 It is declared that Alexander E. Nedzel is elected_to a term of two-years ending March 2004. Chairman: /s/ Nicholas Cannalonga Glerk: /s/ Patrick Mehr Dated: rSarch 25, 2002 84 2002 ANNUAL TOWN MEETING March 25,2002 (See Warrant File for Warrant) The first session of the 2002 Annual Town Meeting was called to order by Moderator Margery M. Battin, at 8:00 p.m., at the National Herita.ge Museum, 33 Marrett Road. A � quorum of 178 members was present. . The invocation was offered by Reverend Susan Morrison, United Methodist Church. The Moderator honored deceased Town Meeting members Ronald Colwell, Marjorie ;� Madoff, Diran Semonian and William Spencer Sullivan for their dedicated service to the J Town of Lexington. Town Clerk Donna M. Hooper read the Warrant for the Meeting until waived. The Town Clerk read the Constable's Return of the Warrant. 8:10 p.m. The Moderator reviewed procedural matters and explained anticipated Article order and reports to be made to the meeting. 8:10 p.m. . Shirley Stolz, pr.8, moved the Report of the Capital Expenditures Committee be ACCEPTED and PLACED on FILE. Following a unanimous voice vote the Moderator DECLARED the Report accepted and placed on file. Ms. Stolz provided a brief summary of the report. Charles Hornig presented a brief statement on budgetary and tax impacts for the Capital Expenditures Committee. , 8:20 p.m. Paul Hamburger, pr.5, moved the Report of the Appropriation Committee be ACCEPTED and PLACED on FILE. Following a unanimous voice vote the Moderator DECLARED the Report accepted and placed on file. Mr. Hamburger summarized Special Town Meeting issues and articles. � 8:30 p.m. Selectman Jeanne Krieger moved the Annual Town Meeting be recessed -� until the Special Town Meeting is either recessed or dissolved. i ___. 8:31 p.m. Following a unanimous voice vote the Moderator DECLARED the motion adopted and the Annual Town Meeting recessed. A true copy: �� ' �� '� Donna M. Hooper, Town C erk --------------------------------------------------------------------------------------- SPECIAL TOWN MEETING March 25,2002 (See Warrant File for Warrant) The Special Town Meeting was called to order by Moderator Margery M. Battin at 8:32 p.m. at the National Heritage Museum, 33 Marrett Road. A quorum of 178 Town Meeting Members was present. 8:32 p.m. Town Clerk, Donna M. Hooper, read the warrant for the meeting until � further reading was waived. The Town Clerk moved waiving reading of the Constable's Return of the Warrant as it was the same as the return for the Annual Town Meeting Warrant read earlier in the evening. 8:33 p.m. The Moderator announced the procedures for the conduct of the meeting. Precinct Clerks were appointed as tellers and Eric Micl�elson(pr.l), Appropriation Committee, as teller for the at-large members and members serving on Boards and Committees. 8:33 p.m. The Moderator declared that Article 1 was now before the meeting. _ _ _-- _—�___ _ _ _ _ _ __ _ __ _ ___ - 85 Special Town Meeting of March 25, 2002 cont............ ARTICLE 1: STREET RELATED IMPROVEMENTS 8:34 p.m. Presented by Selectman Leo P. McSweeney. MOTION: That$7,000,000 is appropriated for improvements to town streets and the Boazd of Selectmen is authorized to take by eminent domain,purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; that to meet this appropriation the Treasurer with the approval of the Board of Selectmen is authorized to borrow$7,000,000 under G.L.c.44, §7 or any other i enabling authority; and that the Board of Selectmen is authorized to take any , other action necessary to carry out this project,provided,however,that this vote - shall not take effect until the Town votes to exempt from the limitation on total taxes imposed by G.L.c.59, §21C (Proposition 2 '/z)amounts required to pay the principal of and interest on the borrowing authorized by this vote. After a brief comment, and reporting unanimous support of the Board of Selectmen for this article, Selectman McSweeney requested the Moderator recognize Department of Public Works Director William P. Hadley. 8:47 p.m. . Mr. Hadley reviewed the history of the street improvement program and outlined plans for a 4-year, $7,000,000 debt exclusion program. 8:52 p.m. Naxain Bhatia reported unanimous support of the Capital Expenditures Committee and Deborah Brown reported unanimous support of the Appropriation Committee. 8:56 p.m. Ephraim Weiss,pr.5, questioned the street maintenance budget. Assistance Town Engineer David Carbonneau addressed current maintenance. William Frawley,pr.3, questioned a previous road study. Mr. Hadley responded. �' 8:58 p.m. Nicholas Cannalonga,pr.3, questioned any impact on Chapter 90 reimbursement. Mr. Hadley explained the requested funding would be separate and - would not impact Chapter 90 funding. 8:59 p.m. Loretta Porter,pr.5, questioned the list of streets shown and Neal Boyle, pr.7, questioned the borrowing schedule. Finance Director John Ryan explained intended borrowing schedule and IRS spending requirements. 9:01 p.m. Martin Long,pr.5, questioned the pavement condition index and Mr. Carbonneau explained. 9:02 p.m. Following a voice vote,the Moderator DECLARED the MOTION ADOPTED by more than the necessary TWO-THIRDS VOTE. 9:02 p.m. Shirley Stolz, pr.8, Capital Expenditures Committee, served NOTICE OF RECONSIDERATION on Article 1. ARTICLE 2: CONSERVATION LAND ACQUISITION 9:04 p.m. Presented by Philip Hamilton,pr. 7. MOTION: That this article be INDEFINITELY POSTPONED. ; Mr. Hamilton, on behalf of the Conservation Commission, provided a brief explanation �__' of the status on the negotiations for the purchase of the Wright Farm on Grove Street. 9:04 p.m. Following a voice vote,the Moderator declared the motion UNANIMOUSLY ADOPTED. ARTICLE 3: LINCOLN PARK 9:05 p.m. Presented by Selectman Dawn McKenna. MOTION: That this Article be POSTPONED IJNTIL APRIL l, 2002. 9:05 p.m. Following a voice vote,the Moderator declared the motion UNANIMOUSLY ADOPTED. 86 Special Town Meeting of March 25, 2002 cont............ ARTICLE 4: SCHOOL CAPITAL PROJECT 9:06 p.m. Presented by Robin DiGiammarino, pr. 2. MOTION: That a) $950,000 is appropriated to remodel,reconstruct and make extraordinary repairs to the Diamond Middle School; that to meet this appropriation the Treasurer with the approval of the Board of Selectmen is authorized to borrow$950,000 under G.L.c.44,§7, G.L.c.70B or any other enabling authority; and that the Permanent Building Committee is authorized to take any other action necessary to carry out this project; and ^ b)that$150,000 is appropriated for design and architectural and engineering � planning for Lexington High School; that to meet this appropriation the Treasurer with the approval of the Board of Selectmen is authorized to borrow$150,000 under G.L.c.44, §7, G.L.c.70B or any other enabling authority; and that the Permanent Building Committee is authorized to take any other action necessary to carry out this project. 9:06 p.m. Ms. DiGiammarino, on behalf of the School Committee, explained requested funding(part A and part B of motion). 9:17 p.m. Moderator Margery Battin made a statement regarding the legal obligation to preserve confidentiality and privacy concerns. 9:18 p.m. George Burnell,pr. 7, reported unanimous support of the Capital Expenditures Committee for this article. Richard Eurich reported unanimous support of the Appropriation Committee for this article. A 9:19 p.m. Selectman Peter Enrich reported unanimous support of the Board of Selectmen for part"A"of this motion and that the majority of the Selectmen support part "B"of the motion. Selectman Dawn McKenna reported a minority report of the 2 Selectmen opposed to part"B". _-, 9:21 p.m. George Burnell,pr.7, addressed the disagreement of the Capital ",, Expenditures Committee on how to proceed at the Lexington High School and the merit of funding part"B"at this time. 9:23 p.m. Paul Lapointe, pr.2, questioned the responsibilities of the design team, possible additional expenditures at the high school, and funding source. gZobin DiGiammarino, and John Moynihan of the School Department,responded. 9:27 p.m. James Wood, pr.7, questioned systems considered. John Moynihan responded for the School Department. 9:29 p.m. Masha Traber,pr.5, questioned adaptive technology options. Robin DiGiammarino explained alternatives will be considered. 9:32 p.m. Jed Snyder,pr.5, questioned the total financial situation and options for funding if not adopted tonight. Robin DiGiammarino explained the capital expenditures would be separate from the operating budget. 9:35 p.m. Daniel Busa, pr.l, questioned retrofitting of schools, standazds, and the spending of legal fees to date. Robin DiGiammarino responded. �--, � 9:36 p.m. Neal Boyle, pr1.7, questioned State reimbursement and obligations. �I � 9:39 p.m. John Doo, Baskin Road, spoke from the audience and questioned potential similar projects for elernentary school buildings. 9:40 p.m. Following a voice vote on PAR'�"A"of the motion,the Moderator DECLARED THE MOTION ADOPTED by more than the required 2/3 vote. 9:40 p.m. Following a voice vote on PART"B"of the motion,the Moderator DECLARED THE MOTION ADOPTED by more than the required 2/3 vote. 9;41 p.m. Shirley Stolz,pr.8, served Notice of Reconsideration on Article 4,part «A�9 �d p�«B,� _ ___ _ _ __ _ ----___-_-__ _ _ _ _ _ _ _ _ _ _ � �� Special Town Meeting of March 25, 2002 cont............ ��- 9:41 p.m. The Moderator declared a brief recess, requested by Anthony Close,pr. 9, for the School Committee to caucus. The meeting was declared reconvened at 9:58 p.m. . ARTICLE 5: REMODELING/CONSTRUCTION OF TOWN SCHOOLS 10:00 p.m. Presented by Anthony Close,pr.9. MOTION: That$32,150,000 is appropriated to design, construct, originally equip and furnish two new elementary schools to replace the current Fiske and Harrington Elementary Schools; that to meet this appropriation the Treasurer with the approval of the Board of Selectmen is authorized to borrow$32,150,000 - under G.L.c.44, §7(3), G.L.c.70B or any other enabling authority; and that the Permanent Building Committee is authorized to take any other action necessary to carry out this project, provided,however, that this vote shall not take effect until the Town votes to exempt from the limitation on total ta�ces imposed by G.L.c.59, §21 C (Proposition 2 %2) amounts required to pay the principal of and interest on the borrowing authorized by this vote. Mr. Close explained the plans for the replacing of the Harrington and Fiske schools, scheduling, and anticipated State reimbursement. 10:10 p.m. George Burnell, pr.7, reported the unanimous support of the Capital Expenditures Committee for the motion. Sheldon Spector, pr.6,reported the unanimous support of the Appropriation Committee for the motion,recognized the need for the renovations and possible uncertainty of State funds. 10:13 p.m. Selectman William Kennedy reported the support of the Board of Selectmen for this motion. 10:14 p.m. Sam Silverman,pr.5, questioned enrollment projections and Chapter 766 costs. Anthony Close responded for the School Committee. Superintendent Joanne Benton explained actions being taken to reduce Chapter 766 costs. 10:16 p.m. Joel Adler, pr.l, questioned traffic and duration of swing-space use at Harrington School. Anthony Close responded. 10:20 p.m. Wendy Rudner, pr.7, questioned air conditioning costs and summertime use of school buildings. Jofin Moynihan estimated costs to be $210,000 per building and that portions of the buildings will be used during the summer months. 10:23 p.m. Jed Snyder,pr.5, questioned a possible long-term facility on the Harrington school property, possible use of the old Harrington school, and replacement of 2 soccer fields. Anthony Close responded that on building use and soccer field replacement. Mr: Snyder further questioned building scheduling and funding. 10:29 p.m. Ephraim Weiss,pr.5, stated traffic and swing-space concerns of citizens and the burden to be placed on the Harrington community. 10:30 p.m. Dan Busa, pr.l, addressed State reimbursement and borrowing. Chazles Hornig, pr.8 and Capital Expenditures, and Finance Director John Ryan addressed funding status and concerns. 10:32 p.m. Following a voice vote the Moderator DECLARED THE MOTION ADOPTED by more than the required 2/3 vote. ' 10:32 p.m. Shirley Stolz, pr.8, served NOTICE OF RECONSIDERATION on `-- Article 5. 10:33 p.m. Selectman Jeanne Krieger moved the meeting be adjourned until Monday, April 1, 2002 at 8:00 p.m. Following a voice vote, the Moderator declared the MOTION ADOPTED. . � a� A true copy. /�� Attest: �r�.�%�'�� Donna M. Hooper, Town Cler � �� APRIL 1,2002 ADJOURNED SESSION of the March 25,2002 SPECIAL TOWN MEETING 8:00 p.m. The second session of the Special Town Meeting was called to order by Moderator Margery M. Battin at 8:00 p.m. at the National Heritage Museum, 33 Marrett Road. A quorum of 174 Town Meeting Members was present. The Lexington Minute Men posted the colors. The Moderator declared a moment of silence in memory of former Town Meeting Members Evelyn Lees and David Reiner. 8:10 p.m. The Moderator declared a recess for Representative Jay Kaufman, Catherine Abbott, Superintendent Joanne Benton and High School Principal Dr. Van Seasholes to honor high school students with citations from the General Court. 8:31 p.m. The Moderator called the meeting to order and declared the Precinct clerks and Eric Michelson would serve as Tellers. 8:32 p.m. The Moderator declared Article 3 now before the Meeting. ARTICLE 3: LINCOLN PARK 8:32 p.m. Presented by Selectman Dawn McKenna. MOTION: That$3,400,000 is appropriated to reconstruct the Lincoln Park athletic fields and parking lot; that to meet this appropriation the Treasurer with the approval of the Board of Selectmen is authorized to borrow$3,400,000 under G.L.c.44, § 7 or any other enabling authority; that while such borrowing shall constitute a general obligation of the Town, it is the intent of the Town that $75,000 of the annual debt service on such borrowing shall be paid from the Recreation Enterprise Fund; and that the Board of Selectmen is authorized to take any other action necessary to carry out this project; provided, however,that this vote shall � not take effect until the Town votes to exempt from the limitation on total � taxes imposed by G.L.c.59, § 21C (Proposition 2 %z) amounts required to : pay the principal of and interest on the borrowing authorized by this vote. 8:33 p.m. After a brief statement Selectman McKenna requested the Moderator recognize Robert Atchinson to explain the purpose of the requested funding. Mr. Atchinson provided an overview of proposed work for the Lincoln Park. 8:42 p.m. The Moderator recognized Landscape Architect Pat Maguire for further explanation. 8:49 p.m. Sandra Shaw reported una,nimous support of the Recreation Committee for this motion. 8:51 p.m. Selectman Dawn McKenna reported unanimous support of the Board of Selectmen for this motion. Scott Burson,pr.4,reported unanimous support of the School Co�mittee for this motion. 8:53 p.m. Shirley Stolz,pr.8, moved the Supplementary Report of the Capital Expenditures Committee be ACCEPTED AND PLACED ON FILE. Following a unanimous voice vote, the Moderator declared the report ACCEPTED AND PLACED ON FILE. Ms. Stolz reported the support of the Committee for the motion. �.� 1 8:56 p.m. Alan Levine, pr. 8, reported the concern of the Appropriation Committee y on the funding of this request, that Appropriation Committee is in unanimous support of --� this project if the IZecreation Enterprise Fund were to commit$100,000 annually for 15 years. 9:00 p.m. Richard Neumeier, pr.3, spoke on the merits of this concern for the Recreation Committee. 9:03 p.m. Paul �-Iamburger, pr.5, moved the following AMENDMENT: AMENDMENT: The amount, "$75,000"be replaced by the amount "$100,000". __ ___ _ . _ __ __ ___ _ __ __ _ . � _ __ 89 ; April l, 2002 Adjourned Session of the Special Town Meeting cont........ � 9:06 p.m. Mr. Hamburger spoke to the merits of the amendment. 9:06 p.m. Selectman Dawn McKenna reported 4 Selectmen opposed and 1 Selectman in favor of the amendment. 9:07 p.m. Charles Hornig, pr.8,reported the Capital Expenditures Committee opposes the amendment, believing there to be insufficient funds in the Recreation Enterprise Fund. 9:09 p.m. - Sandra Shaw spoke against the amendment for the Recreation Committee. 9:10 p.m. David Kanter, pr.7, spoke in support 9:11 p.m. Sam Silverman,pr.5,questioned contribution of the Recreation ' Committee and inflationary impact. Charles Hornig explained the decision is by - _ Town Meeting. 9:13 p.m. Paul Lapointe,pr.2, spoke in support of the amendment and in support of user fees covering as much of the cost as possible. 9:15 p.m. David Harris,pr.4, questioned user fees in other communities, and the stance of the Appropriation Committee on the original contribution of$75,000. Mr. Levine explained the Committee hadn't voted and would do so after the vote on the amendment. 9:17 p.m. Richard Neumeier,pr.4, addressed user fees in other communities. 9:21 p.m. Alan Levine,pr.8, responded to the issues on amount of annual -_ r:contributions and field fees. Mr. Levine urged support of the Amendment. -- Richard Neumeier responded. 9:22 p.m. � Peter Kelley,pr.4, questioned reimbursement under the school building reimbursement. Scott Burson responded . 9:24 p.m. Geo�ge Burnell,pr. 7, explained the Capital Expenditures Committee considered the inclusion in the elementary school project but the costs for that project exceeded the limit and thus would not apply. Mr. Kelley questioned amounts charged to the citizens, less the amount contributed by the Enterprise Fund. Finance Director John Ryan responded. � �, 9:26 p.m. Ephraim Weiss,pr.5, spoke in support of the amendment. 9:28 p.m. Richazd Neumeier,pr.3 and Recreation Committee, spoke against the amendment and on the lack of the Appropriation Committee's explanation on the Recreation Enterptrise Fund meeting other obligations. 9:30 p.m. Dan Busa, pr.l, questioned the additional contribution's impact on the Recreation Enterprise Fund and the cost of the project if not on a former landfill. Pat Maguire, Landscape Architect, confirmed the cost is greater due to being a former landfill site. 9:32 p.m. Alex Nedzel,pr.3, spoke in favor of the amendment. 9:33 p.m. Following a voice vote, the Moderator declared the AMENDMENT ADOPTED. 9:35 p.m. Patrick Mehr,pr.3, questioned the timing and process followed in bringing this Article to Town Meeting at this time. 9:36 p.m. Richard Neumeier,pr.3, explained there is a pressing need to act, that this solution makes sense and that this project had a larger group behind it to move it along. � 9:37 p.m. John Rosenberg, pr.4, questioned landscaping at the field and the general plan for Lincoln Field. Don Chisholm spoke on the Master Plan at Lincoln Field. i , �� 9:41 p.m. Selectman Dawn McKenna reported the unanimous support of the Board of Selectmen for this motion as amended. 9:42 p.m. Alan Levin reported the unanimous support of the Appropriation Committee for this motion as amended. Shirley Stolz reported the unanimous support of this motion as amended. 9:43 p.m. Albert Zabin,pr.l, spoke in support of the motion as amended. Pat Maguire, Landscape Architect,responded to Mr. Rosenberg's landscaping question, confirming the project includes in the landscaping in estimated cost. 90 April l, 2002 Adjourned Session of the Special Town Meeting cont........ 9:45 p.m. Neal Boyle,pr.7, spoke to the worsening of the fields over the past years. 9:47 p.m. George Burnell,pr.7, spoke in favor. 9:50 p.m. Carol Liff,pr.5, questioned erection of a restroom facility. Donald Chisholm explained the proposal only deals with fields,not the complex. 9:52 p.m. LHS Lacrosse Coach David Lautman, spoke in favor. 9:56 p.m. Thomas Diaz,pr.2, questioned field use and injury. Town Counsel William Lahey commented on legal exposure of the Town. 9:58 p.m. LHS Soccer Coach David Walsh spoke in favor. ---, 10:01 p.m. Marina Smith,pr1.4, questioned the landfill cap and existence of toxins I and gas. Haley&Aldrich architect Keith Johnson explained there is no danger. „_,.; 10:05 p.m. Tony Galaitsis, pr.5, spoke in favor. 10:06 p.m. Loretta Porter,pr.5, called the question. 10:06 p.m. Following a voice vote to put the question,the Moderator declared the MOTION ADOPTED and recognized Richazd DeAngelis of the Recreation Committee for final comments. 10:07 p.m. Following a voice vote on the AMENDED MOTION,the Moderator DECLARED MOTION ADOPTED AS AMENDED by more than the necessary 2/3 vote. 10:08 p.m. Selectman Jeanne Krieger moved the Special Town Meeting be DISSOLVED. 10:08 p.m. Following a voice vote,the Moderator declared the MOTION ADOPTED and the March 25, 2002 Special Town Meeting DISSOLVED. A true copy. ' �"7�1 ` Donna M. Hooper, Town Clerx �---, ! � �� A ' . _--- -..._ . ._----- _..__ .___.. ___. .___..._--I-----.__ .... .. . . ._. . _- -....._ _ . . _... _. . _ - 91 2002 ANNUAL TOWN MEETING April l,2002 Following dissolution of the adjourned session of the March 25, 2002 Special Town Meeting, Moderator Margery M. Battin called to order the adjourned session of the 2002 Annual Town Meeting at 10:09 p.m., Monday, April 1, 2002 at the National Heritage Museum. A quorum of 174 members was present. The Moderator explained the plan was to reconvene again April 8, 2002 and take up ; Articles 15, 18, 23, 25, and 31 for which Indefinite Postponement is expected. The ' National Heritage Museum is reserved through April 1; the meeting will then convene at y the Clarke Middle School Auditorium. 10:09 p.m. Selectman Jeanne Krieger moved the Annual Town Meeting be adjourned until Monday,Apri18 at 8:00 p.m. at the National Heritage Museum. 10:10 p.m. Following a voice vote, the Moderator declaxed the Motion Adopted and . the meeting adjourned until Monday, April 8 at 8:00 p.m. at the National Heritage Museum. A true copy, Attest: � �'hin-r�-- � Donna M. Hooper, Town rk ------------------------- 2002 ANNUAL TOWN MEETING Apri18,2002 The third session of the 2002 Annual Town Meeting was called to order by Moderator Margery M. Battin at the National Heritage Museum, 8:00 p.m., April 8, 2002. A quorum of 178 was present. The Moderator explained proceeding for the evening, including reports under Article 2, Article 3, Article 15 and thereafter. Articles 20 and 21 will be taken up on April 10. Indefinite Postponement is anticipated for Articles 15, 18, 23, 26 and 31. 8:06 p.m. Selectman Jeanne Krieger announced a Public Meeting planned for April 11 at the Clarke Middle School to discuss the Pay-As-You-Throw rubbish disposal. 8:07 p.m. The Moderator declared the meeting open under Article 2. ARTICLE 2: REPORTS OF BOARDS AND COMMITTEES 8:07 p.m. Arthur Katz moved the Report of the Cary Lecture Series be Accepted and Placed on File and the Committee discharged. Following a voice vote, the Moderator declared the Motion Adopted. Mr. Katz presented an oral report on this year's lectures. - � 8:09 p.m. Marshall Derby presented the Report of LexHab (Lexington Housing Assistance Board). Mr. Derby summarized LexHab activities this past year. � 8:15 p.m. Nancy Wilson prese�nted an oral report of the 20/20 Vision Implementation Committee. 92 Adjourned Session of 2002 Annual Town Meeting—April 8, 2002 ARTICLE 3: APPOINTMENTS TO CARY LECTURE SERIES 8:17 p.m. Presented by Arthur Katz,pr.3. 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 Suzanne E. Cary for the current year. 8:17 p.m. Following a voice vote, the Moderator declared the Motion Unanimously Adopted. 8:17 p.m. Selectman Jeanne Krieger moved articles 15, 16, 17, 18, 19, 22, 23, 24, 25, 26, 27 and 28 be taken up in that order. Following a voice vote, the Moderator declared the Motion Adopted and Article 15 before the meeting. ARTICLE 15: AMEND ZONING BYLAW — REZONING, RO TO CRS, WALTHAM STREET AT WALTHAM TOWN LINE . 8:17 p.m. Presented by Selectman Jeanne Krieger. MOTION: That this article be Indefinitely Postponed. 8:17 p.m. � Following a voice vote, the Moderator declared the Motion Unanimously Adopted. ARTICLE 16: AMEND ZONING BYLAW—CRS, CHANGE OF USE TO ALLOW ATHLETIC FACILITIES 8:18 p.m. Presented by Thomas Fenn,pr.9. N , oMOTION: That the Zoning Bylaw of the Town be amended as follows: Section 4, Permitted Uses and Development Standards, Table 1, Line 10.12 �� regarding "indoor athletic and exercise facilities, weight reduction salon: be � � changed from"N"to "SP"far the CRS district. (- x � o � Thomas Fenn requested the Moderator recognize Douglas Touart to provide additional � a information. Mr. Touart described permitted uses requested. � � � 8:21 p.m. Anthony Galaitsis presented the Planning Board report and moved the � a Report of the Planning Board on Article 16 be Accepted and Placed on File. Following a � ,� unanimous voice vote, the Moderator declared the Report Accepted and Placed on File. � ; 1VIr. CUalaitsis reported the Planning Board unanimously recommends disapproval. 0 0 J-� N � � 8:26 p.m. Judith Uhrig, pr.6, questioned the definition of a health club. Mr. Galaitsis p�' responded. David Kessler, pr.3,then spoke. � b � o � 8:28 p.m. Following a voice vote, the Moderator declared the motion adopted by �, �, more than the required two-thirds vote. ��" � ARTICLE 17: AMEND ZONING BYLAW—TECHNICAL CORRECTIONS 8:29 p.m. Presented by Sara Chase. Sara Chase moved the Planning Board Report on Article 17 be Accepted and Placed on ro o File. Following a Unanimous voice vote, the Moderator declared the Report Accepted � N N and Placed on file. ' � �o MOTION: That the Zoning Bylaw of the Town be amended as set forth � � � in the motion attached to the report of the Planning Board and filed with � � � the Town Clerk. o a� �+ +� +� � � �� , a � � b � � a� •� ? � 'a o w a� N� +� a. � m �a H P�-� _-- __ __ __. ___ _ ___ l __ __ ___ _ __ _ __ __ _. _-----� -_ 93 Adjourned Session of 2002 Annual Town Meeting—April 8, 2002 MOTION That the Zoning By-Law be amended as follows: A. In Section 2. "Definitions" by deleting the comma after "not accessible" in the definition of"STORY" so that it reads as follows: STORY: That portion of a building contained between any floor and the floor or roof next above it but not including a cellar, a crawl space, or the uppermost portion so contained if under a sloping roof and not accessible;by an approved stairway, or not designed or intended for human � occupancy. B. In Section 4. "Permitted Uses and Development Standards"by adding a comma and"or"to line 18.2 after"electromagnetic radiation"so that the line reads as follows: �._ "Any use,structure,operation or activity whether otherwise permitted or accessory to a permitted use, sttvcture, operation, or activity or not, which may be disturbing, detrimental or hazardous to persons working or living in the neighborhood by reason of special danger of fire, explosion, pollution of water ways or ground water, corrosive or toxic fumes or materials, excessive heat, smoke, soot, obnoxious dust or glare, excessively bright or flashing lights, electromagnetic radiation,or excessive noise or vibration." C. In Section 11. "Off-Street Parking and Loading" by changing tfie reference in subsection 11.7.1 EXCEPTION FOR ONE-FAMILY,TWO-FAMILY DWELLING from "11.7.2e"to"11.7.2f' so that the sentence reads as follows: "The provisions of paragraph 11.7.2f (backing into a public street), 11.7.5 (marking of pavements), 11.7.6c (moving of vehicle) and 11.7.1 (surfacing, drainage) shall not apply where parking is provided for any one-family or two-family dwelling." D. In Section 5.8.1 by deleting subsection"c": c. A fence or wall, at least five feet high for the pool and at least eight feet high for the racquet court, shall be provided so that the pool or court is completely enclosed. A principal or accessory building may form part of the enclosure. All gates in the fence surrounding a swimming pool shall be self closing and self-latching and the latch shall be at least four feet above the ground. And by substituting the following: c. A fence or wall,at least eight feet high for the racquet court, shall be provided so that the I court is completely enclosed. A principal or accessory building may form part of the -- enclosure.A fence around a swimming pool shall be provided as required by state law. E. 1) Section 113.5 by deleting the first sentence: "Specially designated parking spaces for the physically handicapped shall be provided as follows:" and by substituting the following: "Speciaily designated parking spaces for the physically handicapped shall be provided as required by state law." 2) In Section 11.3.5 by deleting the table: �A—� �---48 0 4�----�$9 ° }g} -�o 0 i� �v � 38} �gg8 0 , � nn� � nnn o > > 94 Adjourned Session of 2002 Annual Town Meeting—Apri18, 2002 3) In section 11.7.2 by deleting the references to handicapped parking so that the � section reads as follows: 11.7.2 DIMENSIONS a. On any lot in any district, parking spaces and maneuvering aisles shall have the minimum dimensions set forth in the following table and elsewhere in this subsection: Minimum Parking Space and Aisle Dimension for Parking Lots(in feet) S=standard C=com act Angle of Width of Parking Depth ** Width of Unit Parking Depth Parkin o Parkin S ace Maneuverin Aisle S C S C S C S C � 61-90 de rees 9* 8.5* 19 15 22 20 60 50 46-60 de rees 9 8.5 19 15 16 15 56 48 45 de rees 9 8.5 19 15 14 13 53 47 � Parallel 8 8 22 18 12 12 n/a n/a * Where one or both of the long sides of a parking space abuts a wall or similar obstruction, the width shall be 12 feet. ** Up to 2 feet of unpaved landscaped space may be included in the depth provided there are no obstructions to the vehicle's overhang. Ms. Chase presented information on proposed technical corrections. 8:31 p.m. . Following a Unanimous voice vote, the Moderator declared the motion � adopted by more than the required two-thirds vote. ARTICLE 18: AMEND ZONING BYLAW—SETBACKS FOR SHEDS 8:32 p.m. Presented by Anthony Galaitsis. MOTION: That this article be Indefinitely Postponed. 8:32 p.m. Following a voice vote, the Moderator declared the Motion Adopted and Article Indef nitely Postponed. ARTICLE 19: AMEND ZONING BYLAW—CHANGES DEFINITIONS I� 8:33 p.m. Presented by John Davies. ---� MOTION: That the Zoning Bylaw of the Town be amended as set forth in the motion attached to the report of the Planning Boazd and filed with the Town Clerk. o MOTION N �^ To amend the Zoning By-law in various sections as follows: � � � '� � A. In Section 2. "Definitions" by deleting the definition for "LIVING AREA OF ONE-FAMILY � � DWELL[NG UNIT": � a LIVING AREA OF ONE-FAMILY DWELLING UNIT: Total Living Area is the total � � of all finished area on the first floor and above. Total Living Area does not include � ,� any area in a cellar or basement (See definitions). Space in a half story (See � � Definition)which is finished and is accessed from permanent interior stairs, is included � a in the calculation of total living area. � � o And by substituting the following definition to be placed as a subsection of the definition of"FLOOR 0 o AREA": � `V LIVING AREA OF A DWELLING UNIT: The sum, in square feet, of the horizontal areas of al� .� stories in a dwelling unit measured from the exterior face of exterior walls, or the centerline of a � ,n � common wall. Living area shall include space in a half story which is finished and is accessed .b � from permanent interior stairs, but shall exclude garages, basements, cellars, crawl spaces, o � porches,attics and decks,and, in the case of a dwelting with more than one unit,common areas. � +� a � B. [n Section 2."Definit►ons"by deleting the definition for"FLOOR AREA RATIO(FAR)": � U' FLOOR AREA RATIO(FAR): The ratio of the sum of the net floor area of all buildings on a lot to the developable site area of the lot. And by substituting the following definition to be placed as a subsection of the definition of"FLOOR AREA": FLOOR AREA RATIO,NONRESIDENTIAL: The ratio of the sum of the net floor area of all buildings on a lot to the developable site area of the lot. _ - — __ --_ _---- _ __ _ I _ _ _._. _ _ _ _ _ _ ___ _ ____ __ __ � 95 Adjourned Session of 2002 Annual Town Meeting—April 8, 2002 C. In Section 2."Deftnitions"by inserting in the list of definitions after"LIGHT TRESPASS"the following: LIVING AREA OF A DWELLING LJNIT: (see definitions under"FLOOR AREA") D. In Section 2"Definitions"by moving the definitions of"NET FLOOR AREA"and"FLOOR AREA, GROSS"so that they are placed as subsections under"FLOOR AREA". The definition of"FLOOR AREA"to appear as follows: FLOOR AREA FLOOR AREA RATIO,NONRESIDENTIAL: ... GROSS FLOOR AREA: ... LIVING AREA OF A DWELLING UNIT: ... NET FLOOR AREA: ... ` _ E. In Section 2."Definitions"by inserting in the list of definitions after"FLOOR AREA"the following: FOOT PRINT: same as "SITE COVERAGE" --------------------- 8:23 p.m. Mr. Davies explained consolidation of definitions into one area of the bylaws. � 8:35 p.m. Selectman Jeanne Krieger reported Unanimous support of the Board of Selectmen. 8:35 p.m. . Following a voice vote, the Moderator declared the Motion Adopted Unanimously. _ ARTICLE 22: AMEND WETLANDS PROTECTION BYLAW 0 8:36 p.m. Presented by Philip Hamilton,pr.7. 0 r-� N � �N MOTION: That §130-8 of the General Bylaws be amended as follows: � �' o A. By. adding, after the first sentence of §130-8 �O (1), the following " � N sentence: "Said resource areas shall be protected whether or not they �� border surface waters." a a� � o �, �, B. By inserting the word "bordering" before the words "land subject to � � � flooding" in §130-8 (C ) (3), and by adding the following definition : � � � at the end of§130-8 (C ), thereby creating a new section(5): ,n �, a �-I N � � � "The term `isolated land subject to flooding' shall mean an area, o x � depression or basin that holds at minimum one-eighth acre foot of water to a o o � 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." 8:37 p.m. Philip Hamilton explained the proposed changes. 8:44 p.m. Selectman Jeanne Krieger reported unanimous support of the Board of Selectmen. � The Moderator explained sections "A"and"B"to be voted separately. 8:45 p.m. Jonathan Himmel, pr.6, questioned the defined wetlands areas and definitions of resource areas. Philip Hamilton responded. 8:46 p.m. Scott Burson, pr.4, questioned impact on athletic fields. Philip Hamilton responded he didn't believe the fields were impacted. 8:47 p.m. Martin Long,pr.6, questioned areas which may possibly be impacted. Mr. Hamilton responded. 8:50 p.m: Joel Adler, pr.l, questioned vernal pool impact. Mr. Hamilton explained � __ ' vernal pools were already protected. 8:51 p.m. Following a voice vote,the moderator declared part"A"Adopted. 8:51 p.m. Following a voice vote, the moderator declared part"B"Adopted. ARTICLE 23: TRANSFER OF LAND TO CONSERVATION— LOT 120 MAP 41 8:52 p.m. Presented by Charles Lamb,pr.4. MOTION: That this Article be Indefinitely Postponed. 8:52 p.m. Following a voice vote, the Moderator declared the Motion Adopted Unanimously. 96 Adjourned Session of 2002 Annual Town Meeting—April 8, 2002 ARTICLE 24: BOARD OF HEALTH VIOLATIONS— NON-CRIMINAL DISPOSITION 8:54 p.m. Presented by David Miller,pr.7. N O � MOTION: That Chapter 155, Board of Health, of §1-6B of the General �,,� Bylaws be amended by adding the following thereto: � � � - � � Article XVI Body Art � � Fine Schedule Article XVI � H a 1 St offense: $100.00 � � 2"a and subsequent offenses for each day the violation continues: $200.00 � � b v � � � 8:54 p.m. The Moderator recognized Dr. Bert Perlmutter, Chairman of the Board of �w° Health. Dr. Perlmutter explained the requested non-criminal fines for Body Art � •� regulations. � 0 8:55 p.m. Selectman William Kennedy reported the Board of Selectmen � N unanimously recommends approval. � �� . � �, 8:56 p.m. Sam Silverman,pr.5 questioned violations. Dr. Perlmutter explained. � � 8:57 p.m. Joel Adler,pr.l, questioned non-criminal violations for restaurants; o � Dr. Perlmutter responded. aa a � � `� 8:58 p.m. Judith Uhrig, pr.4, questioned allowa6le locations in town for Body Art establishments. Planning Director Glenn Garber explained there are no provisions for this use in areas in Lexington. 8:59 p.m. David Burns, pr.5, questioned the need for the law if not an allowed use. Dr. Perlmutter responded and Planning Director Glenn Garber and Assistant Planning Director Maryann McCall-Taylor explained such establishments are not expressly prohibited. .--� 9:01 p.m. Neal Boyle, pr.7, questioned the Planning Board �on permitted vs. j prohibited. Town Counsel William Lahey explained the non-criminal fines are a � safeguard in the event an establishment couldn't be prohibited. 9:05 p.m. Following a voice vote,the Moderator declared the Motion Adopted. ARTICLE 25: HISTORIC DISTRICTS COMMISSION— NON-CRIMINAL DISPOSITION 0 9:05 p.m. Presented by Selectman Leo McSweeney. N MOTION: That §1-6B of the General Bylaws be amended by adding �� the following thereto: Chapter 156, Historic Districts Commission � p Violations of Chapter 447 of the Acts of 1956 as amended and � � determinations, rulings and regulations issued therunder. H a. Fine Schedule: � � 1 S`offense: Warning � � 2"a offense: $50.00 � 0 3ra and subsequent offenses: $100.00 � a � N 9:05 p.m. Selectman McSweeney presented justification for the requested action and 0 o reported a majority of the Board of Selectmen recommends approvaL -� 1J N 1-� � �,� 9:06 p.m. Joann Gschwendtner, Historic Districts Committee Cha.irman, explained � � � requested action in conjunction with 1999 Annual Town Meeting � � approval, and the resulting Chapter 426 of the Acts of 2000. o a� � � � � 9:13 p.m. David Kanter, pr.7, questioned the determination of an "offense" and the option of court action. 9:15 p.m. Sam Silverman,pr.5, further addressed an"offense". 9:16 p.m. Joel Adler, pr.l, spoke in opposition. 9:20 p.m. Richard Michelson,pr.8, spoke in opposition. 9:22 p.m. Thomas Fenn,pr.9, spoke in support. ___ _ _ __ _ _ _ _ _ � _ _ _ _ _ _ _ __ __ _ _ _ 97 Adjourned Session of 2002 Annual Town Meeting—April 8, 2002 9:24 p.m. John Rossi, pr.l, spoke in opposition and Town Counsel William Lahey responded to right-to-appeal non-criminal ticket and trial by jury. 9:25 p.m. Ephraim Weiss,pr.5, spoke in support 9:27 p.m. Norman Cohen,pr.6, spoke in support. 9:30 p.m. Neal Boyle,pr.7, spoke in opposition. 9:32 p.m. Emily Donovan,pr.9, spoke in support. 9:35 p.m. David Williams, pr.5, spoke in support. 9:36 p.m. Steven Hurley,pr.8, spoke in support. 9:37 p.m. Following a voice vote,the moderator declared the Motion Adopted. ARTICLE 26: AMEND GENERAL BYLAWS—SIDEWALKS � MOTION: That this Article be Indefinitely Postponed. 9:37 p.m. Presented by Dana Wendel,pr.5. 9:38 p.m. Fred Rosenberg spoke on the article's merits&enforcing Town bylaws. 9:39 p.m. Following a voice vote, the Moderator declared the Motion Unanimously Adopted. ARTICLE 27: AMEND GENERAL BYLAWS—FEES 9:40 p.m. Presented by Selectman Peter Enrich. MOTION: The General Bylaws be atnended by deleting Sections 76-6, 90-18 and 107-3. � � 9:40 p.m. Selectman Enrich explained the sections of the Bylaws which are no b b longer valid and thus are proposed to be deleted. Mr. Enrich explained requested action � o is a "housekeeping" .request and reported the unanimous support of the Board of � �, Selectmen for approval. n � � � � 9:40 p.m. Following a voice vote the Moderator declared the Motion Adopted. � a rt Nrt � o 0 9:41 p.m. Selectman Jeanne Krieger moved the meeting be adjourned until 8:00 �� .- - p.m., Wednesday, April 10, 2002 at the National Heritage Museum. o � m m rt � 9:41 p.m. Following a voice vote the Moderator declared the Motion Adopted and a n the meeting adjourned. � � � '� H rt o A true copy. � � � z m m Attest: � � 1 V �C, y,_ (`��i�i r r� N Donna M.Hooper, Town lerk � � �.._ 98 2002 ANNUAL TOWN MEETING Apri110,2002 The fourth session of the 2002 Annual Town Meeting was called to order by Moderator Margery M. Battin at 8:00 p.m.,April 10, 2002. A quorum of 177 was present. The Moderator explained precinct clerks would serve as tellers and Sheldon Spector for at- large and committee members. 8:05 p.m. The Moderator declared a recess for Superintendent Joanne Benton and representatives of the School Department to present Diversity Awards to � METCO Director Cheryl Prescott Waldron and Estabrook Elementary � School teacher Heather Kelliher. Selectman Jeanne Krieger recognized former Selectman Catherine Abbott for her contributions to the Town. 8:14 p.m. The Moderator called the meeting to order and reviewed procedures and rules of conduct for citizens in the audience. 8:17 p.m. . Planning Board Chairman Anthony Galaitsis,pr.5,moved Article 20 be taken up. Following a voice vote,the Moderator declared the Motion Adopted and Article 20 before the meeting. Anthony Galaitsis moved the Report of the Planning Board on Article 20 be Accepted and Placed on File. Following a unanimous voice vote,the Moderator declared the Planning Board Report on Article 20 Accepted and Placed on File. ARTICLE 20: AMEND ZONING BYLAW—HOUSE IMPACT REVIEW MOTION: That the Zoning Bylaw of the Town be amended as set forth _� in the motion attached to the report of the Planning Board and filed with the ! Town Clerk. � � MOTION: (Note: Sections E and F dealing witli a clzange in tlze definition of height will be split from the `nain article and considered separately.) To amend the Zoning By-Law as follows: A. In Section 2. "Definitions," by inserting in the list of definitions under the heading FLOOR AREA and after subsection "FLOOR AREA RATIO,NONRESIDENTIAL"the following: FLOOR AREA RATIO, RESIDENTIAL:The ratio of the sum of the gross floor area of all buildings, accessory buildings and sheds having more than 120 square feet of floor area,and structures on a lot to the total lot area. B. In Section 2."Definitions,"by deleting the last sentence in the definition for"GROSS FLOOR AREA,"which presently reads as follows: Where the text of this By-Law refers to floor area,the term shall mean gross floor area unless the term net floor area is used. And by inserting: �� Where the text of this By-Law refers to floor area,the term shall mean gross floor area, —.J unless the terms"net floor area"or"living area"are used. The entire definition shall be placed as a subsection of the definition of"Floor Area"after the definition of"FLOOR AREA RATIO,RESIDENTIAL"and shall read as follows: GROSS FLOOR AREA: The sum, in square feet,of the horizontal areas of all stories of a building or several buildings on the same lot measured from the exterior face of exterior walls, or from the center line of a party wall separating two buildings. Gross floor area shall also include garages,basements, cellars,porches and half stories,but shall exclude crawl spaces, attics,decks,and any accessory building or shed having 120 square feet or less of floor area. Where the text of this By-Law refers to floor area,the term shall mean gross floor area,unless the terms"net floor area"or"living area"are used. _--__ ___ __ _ ___ __ _ _ � _ _- __ __ _ __ _ _ _ _ _ . _ _ ____ - _ Ad'ourned Session o 2002 Annual Town Meetin —A ril 10, Zooz 9 9 > .f g p C. By adding a new subsection 3.8 as the last subsection of Section 3."Administration and Enforcement,"as follows: 3.8. LARGE HOUSE SITE PLAN REVIEW Large House Site Plan Review shall be required where the gross floor area of a new or replacement single-family dwelling(for the purposes of the provisions of Section 3.8 the term single-family dwelling shall include one-family detached dwelling including those with accessory apartments)plus accessory buildings and sheds having more than 120 square feet of floor area,exceeds the following: a. On lots having not more than 5,000 square feet of lot area: review required if such gross floor area exceeds 3,500 square feet. �.___ b. On lots having in excess of 5,000 but not more than 10,000 square feet lot area: review required if such gross floor area exceeds 3,500 square feet plus 0.5 times any lot area in excess of 5,000 square feet. c. On lots having in excess of 10,000 but not more than 20,000 square feet lot area: review required if such gross floor area exceeds 6,000 squaze feet plus 0.2 times any lot area in excess of 10,000 square feet. d. On lots having 20,000 square feet or more of lot area: review required if such gross floor area exceeds 8,000 square feet plus 0.05 times any lot area in excess of 20,000 square feet. Additions of gross floor area to a single-family dwelling shall be exempt from Large House Site Plan Review unless those additions were preceded by the removal or demolition of more than 50%of the exterior walls and roofs,as measured by the collective surFace area of those walls and roofs. In such instance,the residence shall be subject to the Large House Site Plan Review provisions, provided that new construction then places the gross floor area for that property above the threshold for review. A structure existing on the effective date of this amendment which is destroyed or damaged by explosion,collapse,fire, storm, natural disaster or other catastrophic event, any of which is beyond the control of the owner, shall be exempt from the Large House Site Plan Review if it is reconstructed within three years and there is no increase in the site coverage or gross floor area. �.__ 3.8.1 APPROVAL STANDARDS AND CRITERIA. The Planning Board shall approve or approve with conditions by a majority of the quorum present a Large House Site Plan,as long as that the application for review is complete and the application meets the mitigation objectives set forth below. The visual compatibility with the surrounding area is promoted and negative impacts substantially mitigated through such efforts as the following. a. Use of building design and massing,location on the lot,includingthe use ofsetbacks greater than the minimum required, and building orientation being configured to avoid or mitigate any differences in architectural scale from that prevailing in the vicinity. b. Retention of existing mature trees and other vegetation and addition of new landscaping features to visually soften the impact of house construction. c. Treatment of the areas within the front yard setback, unless inappropriate for other reasons, being consistent with that prevailing in the vicinity, such as whether such areas are retained in a natural state, or have had understory vegetation cleared and replaced with dense plantings,or have extensive mown lawns,or street edge-defining elements such as fences,walls or hedges that are prevalent in other residences along the street. d. Avoidance of prominent on-lot automobile impact through location and orientation of garage entrances,curved driveway alignment and narrow width of driveways as they approach the street, and other means. i e. Site design being configured to avoid large changes in existing grades and earth removal, and avoidance of use of planting species not either indigenous to or �� ..� common within the vicinity. f. Consideration being given to abutting properties,protecting their privacy,access to sun and light,and the integrity of existing vegetation that abuts or overhangs property boundaries. 3.8.2 PROCEDURE FOR REVIEW Procedures for Large House Site Plan Review shall be as follows. a. Large House Site Plan Review shall require a Public Information Meeting in accordance with subsection 2.6.7.1 and 2.6.7.3 of the Development Regulations. Owners of all lots abutting the premises or separated from it only by a street shall be notified by mail or hand delivery at least seven days in advance of said meeting. The Public Information Meeting may be conducted within the agenda of any duly noticed Planning Board meeting. 1 O O Adjourned Session of 2002 Annual Town Meeting—April 10, 2002 b. The Public Information Meeting shal(be conducted within 45 days of the date of filing of a complete Large House Site Plan Review application as determined by the Planning Director or designee. c. An approval or approval with conditions shall be rendered within 30 days of the date of the Information Meeting unless: 1) additional material is deemed necessary to complete Planning Board review, in which case it shall be rendered within 30 days after the Board (or the Planning Director or such other agent as the Board may designate) determines submittals to be sufficient with which to take such action, or 2) within such later time period agreed to by the applicant and the Board at,or in written form prior to,the Public Information Meeting. --�, 3.83 INFORMATION REQUIRED I A person applying for Large House Site Plan Review shall file one copy of an application �,I and plans with the Town Clerk and seven copies of each with the Planning Board. Such application and plans shall include information on conditions, standards and criteria sufficient for the Planning Board to make the finding and determination required by subparagraph 3.8.1. Submittals shall include a Landscape Plan,as described in subsection 10.2.3 and subsection 2.4.1.g of the Planning Board's Development Regulations, prepared by a Massachusetts registered landscape architect. Supplementary Materials: If deemed pertinent by the Planning Director or other agent designated by the Board, on or more of the following readily available materials may required: a. A plan of other lots and house footprints on properties abutting the large house site,as well as any additional properties significantly impacted by the proposed house,from existing sources such as Town of Lexington topographic series, Assessors' Maps, fire insurance maps and other secondary sources. b. Existing determination of applicability issued by,or notice of intent filed with,the conservation commission, if applicable; c. Architectural elevation drawings or sketches and/or section drawings from standard builders' plans to clarify issues of bulk and massing. r-,, I 3.8.4 EFFECTIVE DATE I Section 3.8 shall be effectrve upon the vote of Town Meeting ar June 1, 2002,whichever ,_,,,; is later. ' D. In Section 4.2,Table 1 of the Zoning By-Law by inserting the footnote reference"(1)" in line 11.1 under the columns headed RO/RS, RT, RM, RD,CN as follows: {ident�ed by bold, italic text } Line RO RT RM RD CN CRS CS CB CRO CM RS * CL O *For uses ermitted in RD districts, see sub ara ra hs 4.1.1 and 83.3 1. RESIDENTIAL USES l.l PERMITTED RESIDENTIAL USES (Must also com l with o eratin and develo ment standards) 1.11 One-family dwelling Y Y Y SP Y N N N N N I 1 1 (1 1 and by adding a footnote(1) at the end of Table 1 as follows: (I)Shall be subject to subsection 3.8 and related provisions pertaining to house impact. � - � E. In subsection 7.5 HEIGHT OF BUILDINGS, STRUCTURES by inserting at the end of the � first paragraph a sentence as follows: , , . - --- - _ ___ __ ___ __ _ __ _� . _ __ __ _ _ _ __ _ _------: _ Adjourned Session of 2002 Annual Town Meeting—April 10, 2002 101 So that 7.5 reads as follows: The maximum height of a building shall not exceed either the distance in feet or the number of stories,whichever is less, set forth in Table 2 for the district in which the building is located. The maximum height of a building in feet shall be the vertical distance between the lower elevation and the upper elevation, as described below. For purposes of determining the number of stories in a building or structure, measurement at the lower elevation shall be from the average natural grade, as ' described in subsection a. below. � F. In subsection 7.5 HEIGHT OF BUILDINGS, STRUCTURES by deleting subparagraph I 7.5.1.b: in its entirety, which presently reads as follows: � - b. The upper elevation shall be: 1) in the case of a flat roof, the top of the highest roof beams; or 2) in the case of a pitched, gable, hip gambrel, or mansard roof, the plane that passes through the ceiling of the top story. Where the top story is not finished with a horizontal ceiling, the elevation seven feet above the floor of the top story shall be considered equivalent to the ceiling. And by inserting in place thereof the following: b. The upper elevation shall be the highest point of any ridge, gable, other roof surface, or parapet. G. In Table 2, Schedule of Dimensional Controls,by: 1) inserting the words"non-residential uses" after"Maximum Floor Area Ratio" within the existing cell; 2) inserting a row after"Maximum Floor Area Ratio" entitled"Gross Floor Area Ratio, Threshold for Site Plan Review under 3.8 and related house impact provisions";and, 3) inserting a footnote(t),as follows: {identified by bold, italic text, } r— �.. __ � '� __ 10 2 Adjourned Session of 2002 Annual Town Meeting—April 10, 2002 TABLE 2.SCHEDULE OF DIMENSIONAL CONTROLS Districts RO RS RM CN CRS CS CB CLO CRO CM & & RT RD (a) Uses ermitted in RS&RT Districts shall Conform to Provisions of Sub aza ra h 7.1.2 ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... • Maximum NR NR NR 0.20 0.20 0.20 2.0 0.25 0.15 0.15 Floor Area (i) (i) (i) Ratio (F.A.R.) for (�'I non-residential � uses Gross Floor See See See See See See See See See See Area Ratio, note note note note note note note note note note Thresl:o[d for (I) (1) (l) (1) (1) (1) (1) ([) (1) (l) Site P[an Review under 3.8 and related /iouse impact rovisions M�imum% 15% 15% 25%0 20% 25% 25% NR 20% 25% 25% Site Coverage (g) (g) Public&Insti- tutional Build- ings Maximum 2.5 2.5 2.5 3 3 3 2 3 3 3 Height: 40 40 40 45 45 45 30 45 45 45 In stories: In feet: .--- -, Other 4 Buildings, � Maximum Height: 2.5 2.5 NR 1 2 2 2 2 3 3 In stories: 40 40 40 15 25 25 25 20 45 45 In feet: FOOTNOTES TO TABLE 2.SCHEDULE OF DIlVIENSIONAL CONTROLS As used in the Schedule of Dimensional Controls, symbol "NR" means no requirements, "s.f."means squaze feet, and"ft."means linear feet... 1. See subsection 3.8 and related provisions pertaining to house impact In addition,existing, non-conforming dwellings in non-residential districts to which additions are proposed, shall be subject to the same provisions, should the resultant floor area exceed site plan review thresholds. 8:19 p.m. The Moderator explained parts"E"and"F",regarding building height, will be discussed separately. 8:20 p.m. Planning Director Glenn Garber presented the details on the proposed bylaw. _� 8:36 p.m. Selectman Jeanne Krieger reported a majority of the Board of Selectmen is � opposed to the bylaw. Selectman Dawn McKenna reported the opposition report and ___; Selectman Jeanne Krieger presented the minority report of Selectmen Krieger and Enrich in favor of the article. Selectman ICrieger then read a letter from the Historical Commission supporting the motion. 8:42 p.m. Joyce Miller,pr.7,reported the Conservation Commission has taken no official position on this article as it is outside the scope of the Commission. 8:43 p.rri. I�avid Kessler, pr.3, spoke on the acrimony he believes this article has caused. 8:45 p.m. The Moderator explained the Article will be divided and parts"E"and"F" will be voted separately. _ _ __ ___ � ____ _ - - _ ____-, __ Adjourned Session of 2002 Annual Town Meeting—April 10, 2002 10 3 8:46 p.m. Sheldon Spector,pr.6, sought clarification on changes made to the Article. 8:48 p.m. Anthony Galaitsis,pr.5,responded to clarify the changes. 8:50 p.m. Lorraine Fournier,pr.8, questioned a few aspects of proposed bylaws. 8:52 p.m. Robert Rotberg,pr.3, spoke in support; Timothy Counihan, pr.4, spoke in opposition; and Patrick Mehr,pr.3, spoke in support. 9:05 p.m. Patrick Mehr,pr.3,moved the following: AMENDMENT: At the end of B. of the main motion, add: "And by inserting the following 4 new definitions: ; -Bulk of a structure:total volume of the space(in cubic feet)above natural grade inside the outermost exterior walls and roofs of a structure. The Bulk of a proposed structure shall be determined by calculations prepared by an architect or engineer registered in the Commonwealth of Massachusetts and submitted with supporting details. The Bulk of an existing structure shall be determined by one or both of: (i)measurements conducted by a land surveyor registered in the Commonwealth of Massachusetts,and/or(ii) calculations wherein the Gross Floor Area of each sub-area of the structure that is not completely underground(in square feet,available in the Assessor's database)is multiplied by the Height factor for that sub-area(in feet),and all such multiplications are added together. -Construction Intensity of a lot:the ratio of the Bulk of the structure on the lot divided by the area (in square feet)of the lot on which the structure is located(if several structures are located on the same lot,the Bulks of all such individual structures are added together prior to being divided by the area of the lot). -Height factor: for sub-areas of a structure that are completely above ground,and delineated by vertical walls,8 feet;for sub-areas that are completely above ground,and delineated by at least one non-vertical wall,or that are directly under a sloped roof,4 feet;for sub-areas that are partially underground,7 feet multiplied by the estimated proportion(expressed as a number between 0.0 and 1.0)of floor-to-ceiling height above the average level of the adjoining ground. -Neighboring Construction Intensity of a lot:the arithmetic average of the Construction Intensities of all lots on which at least one structure exists(except that lot itsel fl and for which any part lies � within 500 feet of any part of the lot for which this calculation is performed." ` � In C.of the main motion, insert the following sentence after 3.8.1.a.: "Appropriate mitigation under this section 3.8.1.a.shall be deemed accomplished if the Construction Intensity of the lot undergoing Large House Site Plan Review is not more than 2.5 (two and one hal fl times its Neighboring Construction Intensity." ----------------------- 9:08 p.m. Planning Board Chairman Anthony Galaitsis reported the Planning Board unanimously opposed the amendment. 9:11 p.m. David Kanter,pr.7, spoke against the amendment and recommended further discussion and review. 9:12 p.m. Selectman Jeanne Krieger reported the Board of Selectmen's unanimous opposition to the amendment. 9:13 p.m. David Burns, pr.5, Called the Question. Following a voice vote,the Moderator declared the motion adopted and a vote on the amendment before the meeting, with 3 minutes remaining to the maker of the amendment. 9:14 p.m. Patrick Mehr, pr.3, summazized the purpose of the amendment. 9:15 p.m. Following a voice vote,the Moderator declared the Amendment Not � Adopted. 9:15 p.m. Fred Rosenberg,pr.9,moved to close debate on Article 20 to 90 minutes, including any possible amendments. Following a voice vote,the Moderator declared Mr. Rosenberg's motion Not Adopted. 9:16 p.m. Neal Boyle, pr.7, spoke against the main motion. 9:20 p.m. Paul O'Brien, 33 Haskell Street, a citizen speaking from the audience, spoke against the main motion and its anticipated diminishment on property value. 9:25 p.m. Georgia Glick,pr.4, spoke in favor. 9:27 p.m. David Kanter,pr.7, spoke in favor. 10 4 Adjourned Session of 2002 Annual Town Meeting—April 10, 2002 9:29 p.m. James Barry,pr.l, spoke in opposition. 9:31 p.m. With 56 members standing in favor of a roll-call vote,the Moderator declared a ca11 of the roll would be taken at the time of voting. 9:34 p.m. Dan Fenn,pr.3, spoke in support. 9:36 p.m. Dana Wendel,pr.6, questioned the Planning Board on anticipated impact, and possible recourse, of the bylaw on new construction. Planning Director Glenn Garber and Attorney Ryan Pace, Palmer&l�odge, responded. 9:40 p.m. Sam Silverman, pr.5, questioned conditions and possible recourse, and �--� Glenn Garber responded. ' � 9:44 p.m. Jane Pagett,pr.6, spoke in opposition. } 9:46 p.m. Ingrid Klimoff,pr.8, spoke in favor. 9:47 p.m. Maria Kostorizos,pr.l, spoke in opposition. 9:50 p.m. William Frawley,pr.3, spoke in favor. 9:52 p.m. John Cook, a resident of 4 Cutler Farm Road, spoke in opposition. 9:55 p.m. Carolyn Tiffany,pr.8, spoke in support. 9:57 p.m. Stephen Tripi, a resident of 12 Freemont Street, spoke in opposition. 10:00 p.m. David Burns,pr.5, questioned the legality of the proposed bylaw and Town Counsel William Lahey responded to his concerns. 10:04 p.m. � Albert Zabin,pr.l, questioned the issue and Anthony Galaitsis responded. 10:07 p.m. Daniel Lucas,pr.2, questioned the percentage of current housing stock over the proposed threshold. Anthony Galaitsis explained the numbers were not currently available. 10:10 p.m. H. Gerald Van Hook,pr.6, spoke in favor. 10:14 p.m. Loren Wood,pr.3, spoke in opposition. 10:18 p.m. David Harris,pr.4, questioned the justification for not issuing permits and Attorney Ryan Pace, Palmer&Dodge,responded. 10:21 p.m. Alan Lazarus, pr.6, spoke in support. 10:23 p.m. Peter Kelley,pr.4, questioned procedures and fees to be charged to -�,� applicants. Planning Director Glenn Gaxber explained those issues had not J yet been addressed by the Planning Board. --� 10:25 p.m. Peter Kelley,pr.4, questioned the right-to-file process and Town Counsel William Lahey responded. 10:27 p.m. Richard Neumeier,pr.3,moved the question. Following a voice vote on if the main question should now be put, the Moderator declared the Motion Adopted and the Main Motion now put,with 3 minutes to the maker of the motion. 10:28 p.m. Town Clerk Donna M. Hooper CALLED THE ROLL for ARTICLE 20, A-D, G: ROLL CALL VOTE—Article 20,parts A-D, G PRECINCT 1 Yes No Abstain Absent PRECINCT 2 Yes No Abstain Absent Joel A.Adler X James L.Ave X Nanc M.Adler X J.Eugene Beauchemin }( James E.Bar X Judith Boxer X John C.Bartenstein X Marian A.O.Cohen X Laura L.Bo hosian X Robert W.Cunha X r� Ma Bowes X Thomas R.Diaz X �� John P.Breen X Robin B.DiGiammarino 7{ 1 � Daniel P.Busa X Karen A.Dooks X Jean W.Cole X Kenneth W.Ford X Jonathan G.Cole X Paul H.La ointe X Ste hen D.Cole,Jr. X Luc Lockwood X Maria-Elena Kostorizos X Daniel A.Lucas X Lillian T.MacArthur X Lauren MacNeil X Eric Ja Michelson X Andrew McAleer X Janet Moran X Bar Orenstein X ' John F.Rossi X Michael J.O'Sullivan X Ba E.Sam son X Jose h Walsh X Carol J.Sam son X Christina J.Welch X Paul G.To atian X Donald D.Wilson X Albert P.Zabin X James S.Wilson X Judith L.Zabin X Scott Wilson X ____ __ _ - _ __ _ __ � _ _ -. __ __ _ _ _ __._ _ ____--: __ Adjourned Session of 2002 Annual Town Meeting—April 10, 2002 i 0 � PRECINCT 3 Yes No Abstain Absent PRECINCT 4 Yes No Abstain Absent Darwin P.Adams X Lisa A.Baci X Samuel Berman X N les Nathan Barnert X Nancy M Cannalonga X Gloria J.Bloom X Nicholas A Cannalonga X Scott F.Burson X Sara B.Chase X Timoth R.Counihan X lacqueline B Davison X John L.Davies X Dan H.Fenn,Jr. X Geor ia S.Glick X Shirley Rauson Frawley X David J.Harris X William J.Frawle X Michelle Hutnik X She L.Gordon X Beverl Kelle X Gloria V.Holland X Peter C.J.Kelle X �� Kevin R.Johnson X Charles W.Lamb X I � Arthur Katz X Dou las M.Lucente X David J.Kessler X Barrie Peltz X � Patrick R.Mehr X John S.Rosenber X Alexander E.Nedzel X Nicholas Santosuosso X M E.Neumeier X Sandra J.Shaw X � Richard L Neumeier X Marina C.Smith X Daniel A.Pion X Ruth S.Thomas X Robert Rotber X Judith J.Uhri X Loren Wood X Martin K.White X PRECINCT 5 Yes No Abstain Absent PRECINCT 6 Yes No Abstain Absent Paul F.Barnes X Florence A.Baturin X David E.Burns . X Paul Chernick X Ira W.Crowe X Norman P.Cohen X Mar'orie M.Da ett X Peter D.Cohen X Irene M.Dondle X Marshall J.Derb X Elaine Dratch X Bebe Fallick X Andrew J.Friedlich X Edmund C.Grant X Anthon G Galaitsis X Jonathan A.Himmel X Paul E Hambur er X Morton G.Kahan X John Ha ward X David L.Kaufman X Carol A.Lif�' X Florence Ko low X Mar aret C.Nichols X Alan J.Lazarus X Loretta A.Porter X Martin Lon X Blair B.Ruocco X Jane Pa ett X James M.Shaw X Edith Sand X � Sam Silverman X Frank Sand X Jed N.Sn der X Sheldon A.S ector X !_. M.Masha Traber X H.Jenold VanHook X Charles T.Vail X Dana Z.Wendel X E hraim Weiss X Robert V.Whitman X David G.Williams X Thomas M.Zimmer X PRECINCT 7 Yes No Abstain Absent PRECINCT 8 Yes No Abstain Absen t Marsha E.Baker X Richard H.Battin X Neal E.Bo le,Jr. X La N.Belvin X Deborah J.Brown X Ro er F.Bor hesani X Geor e A.Burnell X Mar azet Bradle X Steven L.Colman X Elizabeth J.B ant X Margaret L Counts- Klebe X Florence E.Connor X Robert G.Co ne X John T.Cunha X Audre J.Friend X Lorraine M.Fournier X Thomas V.Griffiths X Anne E.F mer X Phili K.Hamilton X Diana T.Garcia X David G.Kanter X Thomas M.Harden X Karl P.Kastorf X Charles Horni X Fred H.Martin X David C.Horton X David G.Miller X Steven J.Hurle X Jo ce A.Miller X Stewart G.Kenned X Wend C.Rudner X In rid H.Klimoff X John E.Ta lor X Alan Ma er Levine X Jane A.Trudeau X Richard A Michelson X ` - James C.Wood X James A.Osten 3{ Martha C.Wood X Shirle H.Stolz X Alan A.Wri le X Carol n H.Tiffan X 10 6 Ad'ourned Session o 2002 Annual Town Meetin —A ri110, 2002 PRECINCT 9 Ye No Abstain Absent AT-LARGE Yes No Abstain Absent s Alice J.Adler X Mar e M.Battin X Narain D.Bhatia X Peter D.Enrich X Christo her P.Busa X Donna M.Hoo er X Richard L.Canale X Ja R.Kaufman X Donald A.Chisholm X William P.Kenned X Anthon B.Close X Jeanne K.Krie er X Rodne Cole X William L.Lahe X Mar aret E.Co e X Dawn E.McKenna X M E.Donahue X Leo P.McSweene X Emil R.Donovan X Susan A.Elber er X Thomas O.Fenn X Yes No Abstain Absert �-^�' Janice A.Kenned X TOTALS 97 70 7 24 I Hank Manz X � Wend Manz X `�"' Janet M.Pe X Fred D.Rosenber X Richard Scha e X Michael E.Schroeder X Francine Stie litz X Dorris P.Traficante X 10:52 p.m. The Moderator declared,with 97 voting in the affirmative and 70 in - the negative, and less than the required two-thirds vote, the MOTION NOT ADOPTED. 10:53 p.m. Anthony Galaitsis,pr.5,served Notice of Reconsideration on Article 20,parts A-D, G. 10:54 p.m. Selectman Jeanne Krieger moved the meeting be adjourned unti18:00 p.m., Monday, Apri122, 2002 at the National Heritage Museum. Following a voice vote, the Moderator declared the meeting adjourned. -,, i A true copy. � � J Attest: � Donna M. Hooper,To Clerk .� J ----- - - ---- __ _ _ _ _ _ � _ _ ___ -__ __ 107 2002 ANNUAL TOWN MEETING Apri122,2002 The fifth session of the 2002 Annual Town Meeting was called to order by Moderator Margery M. Battin at 8:00 p.m.,Apri122,2002 at the National Heritage Museum. A quorum of 179 was present. The Moderator explained Article 20,parts E&F would be taken up, followed by Article 21, and Articles 6, 7, 12, and 31 for which Indefinite Postponement will be moved. The Moderator appointed Precinct Clerks to serve as tellers and Sheldon Spector for at- � large and committee members. � 8:03 p.m. Selectman Jeanne Krieger reported the Board of Selectmen will be prioritizing budget requests and will be holding a Special Town Meeting on Wednesday, May 15,2002. The Annual Town Meeting will reconvene May 1 to take up Article 4. ARTICLE 20: AMEND ZONING BYLAW—HOUSE IMPACT REVIEW 8:05 p.m. Presented by Thomas Harden, pr.8. MOTION: That the Zoning Bylaw of the Town be amended as set forth - in the motion attached to the report of the Planning Board and filed with the Town Clerk. MOTION: (Note: Sections E nnd F dealing witlt a cliange in the definition of lieight wil[be split from the main article and considered separately.) � .� bb � n To amend the Zoning By-Law as follows: � � � r� m a, E. In subsection 7.5 HEIGHT OF BUILDINGS,STRUCTURES by inserting at the end of the �� r-- first paragraph a sentence as follows: � L._.' V � N t't O O O ri N � � . . . . ... (p � � . ro G G] U� N So that 7.5 reads as follows: � m an w The maximum height of a building shall not exceed either the distance in feet or the ,� y number of stories, whichever is less, set forth in Table 2 for the district in which the � � building is located. The maximum height of a building in feet shall be the vertical �. �, distance between the lower elevation and the upper elevation, as described below. n �. For purposes of determining the number of stories in a building or structure, � � measurement at the lower elevation shall be from the average natural grade, as �`� described in subsection a. below. N 0 0 N F. In subsection 7.5 HEIGHT OF BUILDINGS, STRUCTURES by deleting subparagraph 7.5.1.b: in its entirety, which presently reads as follows: b. The upper elevation shall be: 1) in the case of a flat roof, the top of the highest roof beams; or 2) in the case of a pitched, gable, hip gambrel, or mansard roof, the plane that passes through the ceiling of the top story. , Where the top story is not finished with a horizontal ceiling, the elevation seven feet above the floor of the top story shall be considered equivalent to - the ceiling. And by inserting in place thereof the following: b. The upper elevation shall be the highest point of any ridge, gable, other roof surface, or parapet. 8:05 p.m. Thomas Harden explained the proposed changes for structure heights. 8:11 p.m. Selectman Jeanne Krieger reported a majority of the Board of Selectmen opposed adoption of Sections "E" and "F". 1 O � Adjourned Session of 2002 Annual Town Meeting—Apri122, 2002 8:12 p.m. Peter Kelley, pr.4, reported he will amend "40" in Schedule B to "44". Mr. Kelley moved the following amendrnent: AMENDMENT: To amend Article 20 by deleting 40 and replacing it with 44 in Table 2 Schedule of dimensional controls for the maximum height in feet for other buildings in the RO RS RT district. 8:18 p.m. David Kanter, pr.7, questioned separating "E" and "F" and voting separately. Anthony Galaitsis and Glenn Garber explained"E" and "F"will be voted together. �"'�' i Mr. Kelley explained the intent of his amendment. --� 8:26 p.m. Ephraim Weiss,pr.5,questioned Peter Kelley on property slopes and homes impacted. 8:26 p.m. Sam Silverman, pr.5, questioned height limit and variances by the Zoning Board of Appeals. 8:27 p.m. Anthony Galaitsis, pr.6, explained "E" and "F" do not request changes in height measurements but redefine height. Mr. Galaitsis reported the Planning Board is unanimously opposed to Mr.Kelley's � amendment. 8:29 p.m. Jeanne Krieger reported the Board of Selectmen's unanimous opposition to Mr. Kelley's amendment. 8:30 p.m. Judith Uhrig,pr4,reported the Zoning Board of Appeals opposes the amendment and that applicants may seek variances from the Zoning . Board of Appeals. 8:31 p.m. James Wood,pr.7,questioned determining natural grade and Thomas Harden responded. 8:32 p.m. Jonathan Himmel,pr.6, spoke in opposition to the amendment. � 8:33 p.m. Martin Long,pr.6,questioned the impact of the proposed 44' height � on flat land. Planning Board members Thomas Harden and John � Davies concurred the limit would be increased by 4 ft. 8:35 p.m. Richard Michelson,pr.8, spoke in favor. 8:37 p.m. Joel Adler, pr.l, questioned natural grade and Thomas Harden responded. 8:39 p.m, Daniel Busa,pr.l,addressed altering grade of existing lots and spoke in support of the amendment. 8:41 p.m. Thomas Zimmer, pr.6, questioned average grade definition in the amendment and Thomas Harden responded. 8:41 p.m. Robert Whitman,pr.6,questioned the amendment and defeat of"E" and"F". 8:42 p.m. Jacqueline Davison,pr.3, spoke in opposition. 8:44 p.m. Following a voice vote,the Moderator declared the AMENDMENT NOT ADOPTED. 8:44 p.m. Following a voice vote on the Motion the Moderator called for a standin vote,tallied as follows: Precinct YES NO r� 1 7 12 � 2 ]0 7 --' 3 19 2 4 15 2 5 13 4 6 15 4 7 17 3 � 8 15 5 9 13 5 AL 4 3 TOTAL 128 47 8:50 With 128 voting in the affirmative and 47 in the negative,the Moderator declared the MAIN MOTION PARTS "E" and "F" ADOPTED by more than the necessary two-thirds vote. ____ __- -- ._ _ _ __ _ __ _ __ _ _ _ _ _ _ _ _ _ —__ _ __ _ _ , _ f ' r i n 2 2 Annual Town Meetin —A ril 22 2002 Ad�ou ned Sess o of 00 g p � 1 a� ARTICLE 21: ZONING BYLAW—CODIFICATION �� 8:51 p.m. Presented by Anthony�alaitsis. MOTION: (a) That the Zoning Bylaw be amended as set forth in this article; and (b) that the Town adopt the Zoning Bylaw as prepared by General Code Publishers as on file in the Office of the Town Clerk. MOTION To amend the Zoning By-Law in various sections as follows: �' A. 1) To change all references to the`Building Commissioner" and"Zoning Officer"to ,� ro �4-- read"Building Commissioner or designee" (Attachment A,which is on file wit � o the Town Clerk, shows where these references occur); �- � 2)To change"planned residential development"to"residential developmenY' in � � Section 2 in the definitions of"cluster subdivision"and"special residential �`� development", in subsection 4.1.8.4, and in footnote k of Table 2; � rt 3) To change"variances—to authorize"to"The Board of Appeals may authorize" in o � Subsection 3.2.2; N � � 4) To change"to link"to"may link" in the third paragraph of Section 3.4.3, o � subparagraph 2); �n m rr � 5) To add�"construction details and" after"A site construction plan showing" in a K Section 3.6.3 subparagraph d; � � 6) To add"The general objectives of this section are to:" in Section 4.4.1; '� o 7) To insert"screening" immediately after"c."in Section 11.6.6.c; � � 8) To insert the word"Space" following the words"Width of Parking" in the table in � � n �• Section 11.7.2; F, � 9) To insert"Parking Spaces"immediately after"d." in Section 11.8.d; °'� 10) To incorporate in the Zoning By-Laws as found in Chapter 135 of the Code of the o Town of Lexington the edits and modifications contained in Attachment B � "Codification Adjustments", which is on file with the Town Clerk; fB. Renumber and recaption the Zoning By-Law of the Town as follows: to designate `-- the Zoning By-Law as Chapter 135 of the new Town Code; to renumber each section of the Zoning By-Law accordingly; to insert section titles; to update internal references to reflect the new numbering system, all as set forth in the document on file in the office of the Town Clerk; and to format and incorporate into the Zoning By-Laws, as found in Chapter 135 of the Code of the Town of Lexington, all zoning articles passed at Town Meeting 2002. 8:51 p.m. Anthony Galaitsis moved-the Report of the Planning Board on Article 21 be Accepted and Placed on File. Following a voice vote, the Moderator declared the motion adopted and the Report Accepted and Placed on File. 8:53 p.m. Asssitant Planning Director Maryann McCall-Taylor explained the Codification process, renumbering, reformatting, and some reorganization. 8:55 p.m. Following a voice vote, the Moderator declared the Motion Unanimously Adopted. � 8:55 p.m. Selectman Jeanne Krieger moved Articles 6,7,12, and 31 be brou ht g '� up in that order. Following a voice vote,the Moderator declared the Motion Adopted and Article 6 before the meeting. ARTICLE 6: PRIOR YEARS' UNPAID BILLS 8:56 p.m. Presented by Selectman Jeanne Krieger. MOTION: That this Article be Indefinitely Postponed. 8:56 p.m. Following a voice vote, the Moderator declared the Motion Unanimously Adopted. Adjourned Session of 2002 Annual Town Meeting—April 22, 2002 �� ARTICLE 7: SUPPLEMENTARY APPROPRIATIONS FOR AUTHORIZED CAPITAL IMPROVEMENTS 8:57 p.m. Presented by Selectman Jeanne Krieger. MOTION: That this Article be Indefinitely Postponed. 8:57 p.m. Following a voice vote, the Moderator declared the Motion _ Unanimously Adopted. ARTICLE 12: COMPUTERIZED PUBLIC TREE INVENTORY 8:57 p.m. Presented by James Wood, pr.8. MOTION: That this Article be Indefinitely Postponed. "�"� 8:57 p.m. Following a voice vote, the Moderator declared the Motion , Unanimously Adopted. ` ARTICLE 31: AMEND PERMANENT EASEMENT—VARIOUS LOTS 8:58 p.m. Presented by Thomas Fenn,pr.9. MOTION: That this Article be Indefinitely Postponed. 8:58 p.m. Mr. Fenn extended appreciation but explained the sponsor opted to withdraw the article at this time. 8:58 p.m. David Kanter, pr.7, questioned the intent of the applicant for the � future; Mr. Fenn explained. 8:59 p.m. Following a voice vote, the Moderator declared the Motion Unanimously Adopted. 8:59 p.m. Selectman Jeanne Krieger moved the meeting be adjourned unti18:00 p.m., Wednesday, May 1, 2002 at the National Heritage Museum. Following a voice vote, the Moderator declared the meeting adjourned. ,--� A true copy. 'I I Attest: � "" Donna M. Hooper, Town C erk —,, � r � ._____ __ _ __ _ _ _ � _ _ __ .__ _- __ __ _ 111 2002 ANNUAL TOWN MEETING May 1,2002 The sixth session of the 2002 Annual Town Meeting was called to order by Moderator Margery M. Battin at 8:05 p.m., May l, 2002 at the National Heritage Museum. A quorum of 174 was present. The Moderator appointed Precinct Clerks to serve as tellers and Sheldon Spector for at- large and committee members. � ARTICLE 2: REPORTS OF COMMITTEES 8:05 p.m. List Baci,pr.4,presented the Report of Lincoln Paxk Master Plan and Lynne Wilson of the Recreation Corrimittee's Lincoln Park Subcommittee presented a report of the Lincoln Park Committee. 8:15 p.m. Selectman Jeanne Krieger moved the Report of the Town Manager be Accepted and Placed on File. Following a unanimous voice vote,the Moderator declared the Report of the Town Manager Accepted and Placed on File. The Moderator recognized Town Manager Richard J. White for presentation of his report on the FY03 budget. 8:34 p.m. Paul Hamburger moved the Appropriation Committee's Supplemental Report be Accepted and Placed on File. Following a Unanimous Voice Vote, the Moderator declared the Motion Adopted and the Supplemental Report of the Appropriation Committee Accepted and Placed on File. Mr. Hamburger presented his report. 8:52 p.m. The Moderator explained the procedures for addressing Article 4. 8:52 p.m. Presented by Selectman Jeanne Krieger. Selectman Krieger explained that following presentation of Article 4,the intent is to move further consideration , on Article 4 until after the May 15�" Special Town Meeting. ARTICLE 4: OPERATING BUDGET MOTION: That the following amounts be appropriated for the ensuing fiscal year and be raised in the tax levy except where a transfer is indicated they shall be provided by such a transfer: Education 1100 Lexington Public Schools $61,501,836 (And further that the School Department is authorized to enter into equipment lease/purchase agreements from time to time provided that each such agreement is subject to annual appropriations.) 8:56 p.m. School Committee Chairman Scott Burson summarized the School Committee's requested FY03 budget. �r � 9:07 p.m. Frank Sandy,pr.6,questioned why the school department didn't pay � cover expenses for rubbish disposal and encouraged the school department to increase o � '� recycling efforts. b.o � � � ��' Town Manager Richard White addressed the long-term plan and option for transferring � N costs to the schoo(budget. � o � __ � ry � Superintendent Joanne Benton explained the school's recommitment to the recycling � N � initiative. � � o� � � � 9:12 p.m. Marina Smith,pr.4,questioned reductions in substitute teacher funding. Scott Burson and Joanne Benton explained the substitute system cunently in place. 1200 Minuteman Regional School 843,688 9:13 p.m. Margery Daggett,pr.6,reported on the Minuteman Regional School budget request. 9:23 p.m. David Kanter,pr.7,questioned state aid reduction impact on member assessment and program changes on proposed budget. Margery Daggett responded. � � � Adjourned Session of 2002 Annual Town Meeting—May 1, 2002 Emplovee Benefits 2110 Contributory Retirement 2,721,766 (Of which $65,762 is to be transferred from the Water Enterprise Fund and $16,441 is to be transferred from the Sewer Enterprise Fund.) 2120 Non-Contributory Retirement 123,000 2130-2150 Insurance 4,884,033 (Of which$109,872 is to be transferred from the Water Enterprise Fund, $24,434 is to be transferred from the Sewer Enterprise Fund and$22,680 is to be transferred from the Recreation Enterprise Fund.) (and further that amounts appropriated in this article for employee health and life r� insurance shall be transferred to this account to fund cost items (a) included in collective bargaining agreements reached between the Town and employee , organizations and(b)resulting from such agreements as they bear on the Town employee compensation plan.) Debt Service 2210 Payment on Funded Debt 2,185,000 (Of which$19,200 is to be transferred from receipts reserved for appropriation.) 2220 Interest on Funded Debt 292,933 2230 Temporary Borrowing 347,875 2240 Exempt Debt 1,339,535 926 p.m. Frank Sandy,pr.6,questioned bonds for water&sewer enterprise funds. Finance Director John Ryan explained the costs were included in the water&sewer budget. Operating Articles 2310 Reserve Fund 150,000 2320 Municipal Salary Adjustments 327,668 (Such sum of$327,668 is appropriated to fund cost items resulting from (a) collective bargaining agreements and(b) as they bear on the Town employee wage and salary plan. The amount voted is to be distributed among personal services accounts as authorized by the Board of � Selectmen.) ,� (Of which$1,743 is to be transferred from the Water Enterprise Fund and $1,744 is to be transferred from the Sewer Enterprise Fund.) Or�anizational Expenses 2410 Municipal Services &Expenses Personal Services 41,975 2410 Municipal Services&Expenses 97,400 Community Services 3000 DPW Personal Services 3,174,054 (Of which $254,541 is to be transferred from the Water Enterprise Fund, $219,061 is to be transferred from the Sewer Enterprise Fund, $100,000 is to be transferred from the Cemetery Trust Funds and $75,000 is to be transferred from the Recreation Enterprise Fund.) � 9:30 p.m. Selectman Jeanne Krieger moved the Selectmen's Report on Pay-As- � You-Throw(PAYT)be Accepted and Placed on File. The Moderator declared the '�. Motion Adopted. Selectman Krieger presented the report on PAYT. o R '� �� 9:39 p.m. Ephraim Weiss,pr.6,questioned the future ofNESWC. �, cv � 9:40 p.m. Town Manager Richard White reported the status of the contract, c°', o � � pretiminary alternatives being assessed and cunent needs analysis. � `�' � � � N � 9:42 p.m. James Wood,pr.9, on behalf of the Tree Committee, �, �� moved the following: � � � ----------------- � � AMENDMENTo Amend Article 4, line item 3000 by adding $25,000 for the purchase and planning of public trees. 9:42 p.m. James Wood presented information on requested amendment and discussion followed. 9:45 p.m. Selectman Dawn McKenna questioned funding source for the amendment. Mr. Wood explained funding had not been discussed. � __. __ _ _ _ _ __ _ _ ___ . _ Adjourned Session of 2002 Annual Town Meeting—May 1, 2002 113 9:45 p.m. Selectman Jeanne Krieger reported the Board of Selectmen unanimously opposed the amendment. 9:46 p.m. Paul Hamburger reported the Appropriation Committee unanimously opposed the amendment. 9:46 p.m. Patrick Mehr,pr.3,and Bebe Fallick,pr.6, spoke in support. , 9:49 p.m. John Hayward,pr.5, questioned the cutting of public trees. Public Works Director William Hadley explained most of the trees cut were diseased trees. 9:50 p.m. Joyce Miller,pr.7, questioned expenses for the prior year. 9:50 p.m. Wendy Rudner,pr.'7,questioned tree donations to the Town. Public Works Director William Hadley responded. 9:53 p.m. Ephraim Weiss,pr.5,questioned DPW budget cuts and additional funding from the amendment. 9:55 p.m. Philip Hamilton,pr.7,reported the Conservation Commission supports the amendment. 9:56 p.m. David Kanter,pr.7, questioned requested funding amount. 9:56 p.m. Following a voice vote on the Amendment,the Moderator declared a standing vote,tallied as follows: Precinct YES NO 1 7 9 2 2 13 � 3 8 7 4 12 7 5 11 3 6 10 7 7 9 6 8 I1 6 _. 9 6 13 At Lar e 1 14 TOTAL 77 85 9:56 p.m. With 77 voting in the affirmative and 85 in the negative,the Moderator declared the Amendment Not Adopted. 10:00 p.m. Lisa Baci moved the Report of the Lincoln Park Committee previously presented be Accepted and Placed on File. The Moderator declared the Motion Unanimously Adopted. 10:00 p.m. Jacqueline Davison,pr.3, reported plans to move reconsideration of Article 20 after the vote on all financial articles. 10:02 p.m. Peter Kelley,pr.4,questioned the reconsideration process and requested a more specific time be designated. Discussion followed. 10:08 p.m. Dan Fenn,pr.3,advised an evening's advance notice is normally given. 3000 DPW General Expenses 4,090,448 (Of which$216,067 is to be transferred from the Water Enterprise Fund, and $127,082 is to be transferred from the Sewer Enterprise Fund; and provided further that the Town Manager may enter into an agreement or agreements with one or more governmental units to perform jointly with _._; such units any service, activity or undertaking authorized by law.) (And further that the Town Manager is authorized to enter into communications d- equipment agreements, equipment lease/purchase agreements from time to time � provided that each such agreement is subject to annual appropriations.) o� � (And in addition that$50,000 of expenses for the sale of burial containers � � o and biodegradable bags be funded by the receipt of$50,000 in anticipated � �� revenues, and that the surplus from FY2001 in the amount of$18,359.50 � o � may be closed to the General Fund.) � `�' � � N � (And in addition State/Federal Grants, site generated revenue and/or refuse �° �� stabilization funds as permitted under existing agreements may be used to meet � � � Division of Environmental Protection guidelines at the Hartwell Avenue landfill site.) 114 Adjourned Session of 2002 Annual Town Meeting—May 1, 2002 (And to permit the Town to enter into agreements with either private or public entities in order to enhance public services,increase revenue, improve efficiency, or save money to the benefit of the Town.) 3600 Transportation Personal Services 64,261 3600 Transportation Expenses 239,308 (Of which$79,193 is to be transferred from the Parking Meter Fund.) 10:10 p.m. Peter Kelley,pr.4,questioned LEXPRESS service reduction& elimination of Saturday service. Public Works Director Wiltiam Hadley provided ridership statistics. 10:12 p.m. Elaine Dratch,pr.5,reported public transportation fits in with the Vision 2020 initiative. d' ti 10:14 p.m. David Kaufman,pr.6, moved the following: o � � -------------- °q � � AMENDMENT: Line Item 3600 Transportation Expenses $239,308 � `g� be increased to read $279,308. � o � � N y Mr. Kaufman explained his intent to restore Saturday LEXPRESS service � N � and should the amendment prevail he will then move to make other � � � budgetary adjustments to compensate for the $40,000 differential. `'' � � 10:16 p.m. Paul Hamburger requested a 5 minute recess for the Appropriation Committee to caucus. The Moderator declared a recess. Ephraim Weiss,pr.5, suggested the amendment be withdrawn until after the May 15�' Special Town Meeting on PAYT. 10:28 p.m. The Moderator declared the meeting back in session. Paul Hamburger reported the Appropriation Committee to be unanimously opposed to making changes at this time. The Committee will consider changes after the May 15�' Special Town Meeting. 10:30 p.m. Ephraim Weiss,pr.5,moved to Postpone the proposed r � Amendment until after the Special Town Meeting of May 15, 2002. Following a voice vote on Postponement,the Moderator declared the Motion Adopted and the proposed Amendment postponed to May 15`�'. 10:33 p.m. Dan Fenn,pr.3, spoke on his concerns with the proposed tourism trolley, addressing concern with and any local market research data on projected ridership. - 10:39 p.m. Selectman Dawn McKenna reported on piloting of the trolley, estimated cost, and MOC grant awarded. 10:40 p.m. Fred Rosenberg,pr.9, questioned anticipated ridership for tourism trolley service. 10:42 p.m. Paul Hamburger,pr.5 &Appropriation Committee, spoke on the revenues vs. expenses and opined that the program should be shut- off if expenses warrant and sought assurance from Selectman McKenna. Selectman McKenna so confirmed and advised the program would be closely monitored and stopped if needed. � 10:44 p.m. Ephraim Weiss, pr.5, questioned Selectman McKenna on the projected$30,000 monthly cost and assumed revenue. 3700 Water Department 4,911,735 (And that to raise such amount$4,911,735 be transferred from the Water � Enterprise Fund.) 3800 Sewer Department 7,941,089 (And that to raise such arraount$7,941,089 be transferred from the Sewer Enterprise Fund.) ____ -- - __- __ _ _ _ __ . � _ __ Adjourned Session of 2002 Annual Town Meeting-May 1, 2002 115 Public Safetv 4100 Law Enforcement Personal Services 3,845,790 (Of which$93,025 is to be transferred from the Parking Meter Fund.) 4100 Law Enforcement Expenses 410,572 (Of which$16,000 is to be transferred from the Parking Meter Fund.) 4200 Fire Department Personal Services 3,355,744 4200 Fire Department Expenses 481,226 Culture and Recreation 5100 Library Personal Services 1,491,257 5100 Library Expenses 266,394 , 5200 Recreation Department 1,244,608 - (And to raise such amount$1,244,608 be transferred from the Recreation Enterprise Fund.) Social Services 6000 Social Services Personal Services 173,185 6000 Social Services Expenses 290,857 Communitv Development 7100 Community Development Personal Services 585,789 7100 Community Development Expenses 58,360 7200 Planning Personal Services 175,134 7200 Planriing Expenses 38,450 7300 Economic Development Personal Services 90,616 (And that$33,020 of personal services for the operation of the Tourist Trolley be funded by the receipt of$33,020 in anticipated revenues.) 7300 Economic Development Expenses 118,385 (And that$67,605 of expenses for the ope�ation of a Tourist Trolley be funded by the receipt of$67,605 in anticipated revenues.) General Government 8110 Board of Selectmen Administration Personal Services 64,404 (Of which$3,324 is to be transferred from the Water Enterprise Fund and $831 is to be transferred from the Sewer Enterprise Fund.) 8110 Board of Selectmen Administration Expenses 74,090 - 8120 Legal Fees & Expenses 225,000 8130 Town Report 6,000 8200 Town Manager Personal Services 318,246 (Of which$46,848 is to be transferred ftom the Water Enterprise Fund and $11,712 is to be transferred from the Sewer Enterprise Fund.) 8200 Town Manager Expenses 14,667 Town Committees 8310 Appropriation Committee Expenses 1,000 8320 Miscellaneous Boards& Committees Expenses 8,755 8330 Public Celebrations 25,000 Finance 8400 Finance Personal Services 826,330 (Of which$245,464 is to be transferred from the Water Enterprise Fund and $61,365 is to be transferred from the Sewer Enterprise Fund.) 8400 Finance Expenses 219,900 (And in addition that$7,500 of expenses generated from enrollment in the Flexible Spending Plan be funded by the receipt of$7,500 in anticipated revenues.) (And further that the Treasurer and Collector is hereby authorized to enter into compensating balance agreements during fiscal years 2002, 2003 and - 2004, as permitted by General Laws Chapter 44, Section 53F.) Town Clerk 8500 Town Clerk Personal Services 220,784 8500 Town Clerk Expenses 65,395 Mana�ement Information S stv ems 8600 MIS Personal Services 152,390 (Of which $44,020 is to be transferred from the Water Enterprise Fund and $11,006 is to be transferred from the Sewer Enterprise Fund.) 8600 MIS Expenses 205,220 116 Adjourned Session of 2002 Annual Town Meeting—May 1, 2002 10:45 p.m. Wendy Rudner, pr.7, spoke on other reductions. 10:47 p.m. Frank Sandy,pr.6,questioned continuing with Article 4. 10:47 p.m. Selectman Jeanne Krieg�r explained should a referendum be called on the May 15�' Special Town Meeting,the intent is to vote Article 4 after the referendum; otherwise the vote will be sought after the Special Town Meeting. 10:47 p.m. Selectman Jeanne Krieger moved to postpone the vote on Article 4 until after the May 15,2002 Special Town Meeting. Following a voice vote,the Moderator declared the Motion for Postponement Adopted. . �, i� ARTICLE 5: SUPPLEMENTARY APPROPRIATIONS FOR CURRENT FISCAL YEAR(FY2002) 10:49 p.m. Presented by Selectman Jeanne Krieger. MOTION: That$32,500 be appropriated to Line Item 8500 Town Clerk Personal Services and $17,500 be appropriated to Line Item 8500 Town Clerk Expenses and that to raise such amount$50,000 be transferred from the Unreserved Fund Balance. 10:50 p.m. Selectman Krieger explained the additional funding requested will cover the expenses for two unanticipated special elections in FY2002, and reported the unanimous support of the Board of Selectmen for this motion. 10:50 p.m. Paul Hamburger reported the Appropriation Committee's unanimous support. 10:50 p.m. Following a voice vote,the Moderator declared the Motion Adopted. 10:50 p.m. Paul Hamburger served Notice of Reconsideration of Article 5. 10:52 p.m. The Moderator addressed remaining articles and meeting dates. � 10:52 p.m. Selectman Jeanne Krieger moved the meeting be adjourned until 8:00 p.m., Monday, May 6, 2002 at the Clarke Middle School. 10:52 p.m. Following a voice vote,the Moderator declared the meeting adjourned. A true copy. Attest: d7'1/�'�d- Donna M.Hooper, Town erk �-�, � - ___ _ ---- _ __ _ _- _ � __ _ _ 117 2002 ANNUAL TOWN MEETING May 6,2002 The seventh session of the 2002 Annual Town Meeting was called to order by Moderator Margery M. Battin at 8:03 p.m., May 6, 2002,at the Clarke Middle School. A quorum of 168 was present. � The Moderator appointed Precinct Clerks to serve as tellers and Sheldon Spector for at- large and committee members. 8:04 p.m. The Moderator declaxed a recess for a School Department presentation of the Michael Wagner Technology Award. - 8:08 p.m. The Moderator declared the meeting back in session and announced Town Counsel would be represented this evening by Mr. Roger Vacco of Palmer&Dodge, and that the intent was to take up Articles 8, 9, 10, 11 and 29 this evening. 8:10 p.m. Jacqueline Davison,pr.3, announced she has no intent of asking Article 20 • be reconsidered by the meeting. ARTICLE 2: REPORTS OF COMMITTEES 8:10 p.m. _ Public Works Director William Hadley provided a brief statement regarding the Facilities Maintenance Software and Public Works Manager of Operations Brian Gilbert reported on the progress of the software and program irhplementation. 8:17 p.m. Capital Expenditures Committee Chairman Shirley Stolz addressed Part 2 of the Capital Expenditures Committee Report—Sma11 Ticket Capital and the Committee's Vice Chairman Charles Hornig presented a summary of small ticket funding plans and the Cash Capital Policy. ARTICLE 8: CAPITAL PROJECTS AND EQUIPMENT 8:29 p.m. Presented by Selectman Leo McSweeney. �„� MOTION: That the following amounts be appropriated for the following capital improvements and that each amount be raised as indicated: (a) Public Works Equipment- $327,500 and that$214,500 be raised in the tax levy and$53,000 be transferred from the Water Enterprise Fund and $60,000 be transferred from the Sewer Enterprise Fund; (b) Pine Meadows Improvements - $300,000 and that $300,000 be transferred from the Recreation Enterprise Fund; (c) Traffic Improvements- $180,000 and that$180,000 be raised in the tax levy; (d) Street Related Improvements-$1,100,000 and that$650,000 be raised in the tax levy; and in addition the Selectmen are authorized to accept highway funds from all sources including the $450,000 allocated under Chapter 90 of the General Laws, and the Treasurer with the approval of the Selectmen is authorized to issue Highway Reimbursement Notes under G.L.c.44, §6 as amended; (e) Playground and Recreation Facilities Improvement - $30,000 and that $30,000 be raised in the Tax Levy; (fl Storm Sewer Improvements-$100,000 and that$100,000 be transferred ', from the Sewer Enterprise Fund; (g) Sidewalk Improvements—$0 (h) Town Building Envelope Remodeling Program- $685,000 and that the Treasurer with the approval of the Board of Selectmen is authorized to borrow$685,000 under G.L.c.44,§7(3A)or any other enabling authority. 8:29 p.m. Selectman McSweeney summarized proposed equipment purchases in part"a" and reported the Board of Selectmen recommends approval. Selectman McSweeney reported the Board of Selectmen recommends approval of part "b". Donald Chisholm of the Recreation Committee outlined the plan of work at Pine Meadows. 118 Adjourned Session of 2002 Annual Town Meeting—May 6, 2002 8:43 p.m. Selectman McSweeney summarized proposed tr�c improvements and reported the Board of Selectmen recommends approval of part"c". Selectman McSweeney summarized proposed street improvements and reported the Board of Selectmen recommends approval of part"d". Selectman McSweeney summarized proposed playground and recreation facility improvements and reported the Board of Selectmen recommends approval of part"e". Recreation Committee member Richard Neumeier explained this is the annual request of the Committee for tax levy funds for playgrounds. Selectman McSweeney summarized planned sewer improvements and reported the Board •-� of Selectmen recommends approval of part"f'. i .�,� 8:48 p.m. Selectman McSweeney moved to separate out and defer action on Article 8,part"G". Following a unanimous vote,the Moderator declared Article 8,part"G" separated out and to be dealt with after the May 15, 2002.Special Town Meeting. Selectman McSweeney summarized proposed building envelope work under part"H" and reported the Board of Selectmen recommended approval of part"h". Selectman Dawn McKenna commented on tourism priorities and Visitor Center upgrading. 8:53 p.m. � Charles Hornig, Capital Expenditures Committee, reported the , Committee's unanimous support far Article 8,parts A-F, H. 8:53 p.m. Deborah Brown,Appropriation Committee,reported the Committee's unanimous support of Article 8,parts A-F, H. 8:53 p.m. David Kanter,pr.7, questioned anticipated DPW equipment(part A) costs and trade-in allowances. Public Works Director William Hadley explained the process. 8:55 p.m. Sheldon Spector,pr.6, questioned Pine Meadows Golf Course roadway work(part B). Donald Chisholm, Recreation Committee, explained planned work. `�' 8:57 p.m. David Kanter,pr.7, questioned storm sewer design improvements and --� impact on streams (part F). Assistant Town Engineer David Carbonneau explained planned project impact and permitting. 8:59 p.m. Following a voice vote,the Moderator declared Article 8, Parts A-F,H adopted by more than the necessary two-thirds vote. 8:59 p.m. Charles Horning, Capital Expenditures Committee, served Notice of Reconsideration on Article 8,parts A-F, H. ARTICLE 9: WATER DISTRIBUTION SYSTEM IMPROVEMENTS 9:00 p.m. Presented by Selectman William Kennedy. MOTION: That the sum of$900,000 be appropriated for upgrading the water distribution system in the Lowell, Pearl and Shade Street areas; and that to meet this appropriation$340,000 be transferred from the Water Enterprise Fund and that the Treasurer with the approval of the Board of Selectmen is authorized to borrow$560,000 under G.L.c.44, §8 or any other enabling authority, all or a portion of which borrowing may be from the Massachusetts Water Resources Authority("MWRA") and in connection therewith to enter into a loan agreement and/or security agreement with the MWR.A with respect to such 1oan. 9:00 p.m. Selectman Kennedy reported on the Water Distribution improvements for the Lowell, Pearl and Shade Street areas and reported the Board of Selectmen xecommends approval. 9:01 p.m. Charles Hornig reported the Capital Expenditures Committee's unanimous support. 9:01 p.m. Deborah Brown reported the Appropriation Committee's unanimous support. 9:02 p.m. Frank Sandy,pr.6,questioned funding of bonding from the Enterprise � Fund. Town Manager Richard White explained how Debt Service costs are budgeted. . � __ _ _ --- _ , :_- _ ,__ Adjourned Session of 2002 Annual Town Meeting—May 6, 2002 119 9:08 p.m. Jane Pagett,pr.6, questioned the program for sewering yet to be sewered areas. Assistant Town Engineer David Carbonneau explained the status of such program. 9:11 p.m. Following a Unanimous vote,the Moderator declared the Motion Adopted by more than the necessary two-thirds vote. 9:11 p.m. Charles Horning, Capital Expenditures Committee, served Notice of Reconsideration of Article 9. ARTICLE 10: SCHOOL TECHNOLOGY PROGRAM 9:11 p.m. Presented by Sherry Gordon,pr.3. MOTION: That the sum of$185,000 be appropriated for the purchase of ..__ computer hardware, software and equipment for the School Department; and to meet this appropriation$185,000 be raised in the tax levy. School Committee Member Gordon, and Technology Coordinator Shelley Chamberlain, presented the 2002-2005 school technology plan. 9:14 p.m. George Burnell reported the Capital Expenditures Committee's unanimous support. 9:15 p.m. Appropriation Committee member Ronald Pawliczek reported the Committee's unanimous support. 9:15 p.m. Selectman Leo McSweeney reported the Board of Selectmen's support. 9:15 p.m. Lisa Baci,pr.4, questioned funding level for the school department to meet its computer goals. Ms. Chamberlain acknowledged funding request had been decreased. 9:17 p.m. Following a voice vote,the Moderator declared the Motion Adopted. 9:17 p.m. George Burnell served Notice of Reconsideration on Article 10. ARTICLE 11: SCHOOL CAPITAL PROJECT 9:18 p.m. Presented by Thomas Griffiths. --- MOTION: That$80,000 is appropriated to reconstruct and make extraordinary repairs to the gym floor at the Clarke Middle School; that to meet this appropriation,the Treasurer with the approval of the Board of Selectmen is authorized to borrow$80,000 under G.L.c.44, §7(3A), G.L.c.70B or any other enabling authority; and that the Permanent Building Committee is authorized to take any other action necessary to carry out this project. Mr. Griffiths explained these expenses are eligible for the 59% state reimbursement as part of the ongoing secondary school project. 9:20 p.m. George Burnell reported the Capital Expenditures Committee's unanimous support. 9:20 p.m. Sheldon Spector reported the Appropriation Committee's unanimous support. 9:21 p.m. Selectman Leo McSweeney reported the Board of Selectmen's unanimous support. 9:21 p.m. Following a Unanimous voice vote,the Moderator declared the Motion Adopted by more than the necessary two-thirds vote. 9:21 p.m. George Burnell served Notice of Reconsideration on Article 11. --- 9:21 p.m. Selectman Peter Enrich moved that Article 29 be taken up at this time. Following a Unanimous voice vote,the Moderator declared the Motion Adopted and Article 29 before the meeting. ARTICLE 29: COMMUNITY PRESERVATION ACT— ACCEPT M.G.L. CHAPTER 44B � 9:22 p.m. Presented by Selectman Peter Enrich. MOTION: That this Article be Indefinitely Postponed. Selectman Enrich provided a review of the Community Preservation Act,the process for a community to adopt, and explained that the Community Preservation Act Feasibility Advisory Committee has decided not to move forward with the CPA this year. 120 Adjourned Session of 2002 Annual Town Meeting—May 6, 2002 Selectman Enrich summarized the pros and cons for adoption and explained what he saw as the reasons for not proceeding forward at this time. 9:35 p.m. Charles Hornig reported a majority of the Capital Expenditures Committee favors Indefinite Postponement. 9:37 p.m. Alan Levine reported the Appropriation Committee unanimously supports Indefinite Postponement. 9:38 p.m. Ephraim Weiss,pr.5, questioned Selectman Enrich on expenditures the Town would incur if the CPA were to be adopted and the timeframe for enactment of the program. Selectman Enrich explained a review did not reveal any obvious projects for � which the Town would save in the immediate future and that adoption now would allow the CPA to take effect in FY2003. 9:40 p.m. Jacqueline Davison,pr.3, moved the following Substitute Motion: SUBSTITUTE MOTION/AMENDMENT: That the Town hereby accepts Sections 3 to 7, inclusive, of Chapter 44B of the General Laws, otherwise known as the Massachusetts Community Preservation Act, by approving a surcharge on real property for the purposes permitted by said � Act, including the acquisition, creation and preservation of open space,the acquisition and preservation of historic resources,the acquisition, creation and preservation of land for recreational use,the creation,preservation and support of community recreational use and community housing that is acquired or created as provided under said Act;that the amount of such surcharge on real property shall be 2% of the annual real estate tax levy against real property; that such surcharge on real property shall commence in fiscal year 2003 of the Town; and that the Town hereby accepts the following exemptions from such surcharge permitted under Section 3(e) of said Act: (a)property owned and occupied as a domicile by any person who qualifies for low income housing or low or moderate income senior �� housing in the Town, as defined in Section 2 of said Act, and(b) $100,000 � of the value of each taxable parcel of residential real properiy. ""' 9:41 p.m. Jacqueline Davison reported her justification for adoption of the Community Preservation Act and adoption of this substitute motion. 9:45 p.m. Selectman Peter Enrich reported a majority of the Board of Selectmen opposes the amendment. Selectman Dawn McKenna reported Selectmen Krieger and McKenna support the amendment. 9:47 p.m. Sam Silverman, pr.5, questioned the effectiveness of the amendment. Town Counsel Roger Vacco reported if adopted in the Fall of 2002 the Department of Revenue could allow the Town to put onto the last two 2002 tax payments. 9:48 p.m. Marilyn Fenolossa,pr.5, a member of the Community Preservation Act Feasibility Committee and member of the Historical Commission, spoke in support of the Community Preservation Act but questioned the motion and reported the Feasibility Committe�hadn't decided a percentage to tax. . Selectmar�Peter Enrich reported the F�asibility Committee had ,� unanimously recommended specific exemptions but had not determined a ' percentage to tax. , 9:53 p.m. Alan Levine reported the Appropriation Committee was unanimously against the amended motion. � 9:54 p.m. Frank Sandy, pr.6, questioned the accumulation of funds should Town Meeting not approve expenditure. 9:55 p.m. Selectman Peter Enrich explained the funds would accumulate until so approved. Selectman Enrich explained a referendum vote would be required to change the percentage taxed. 9:56 p.m. Marjorie Daggett, pr.5, spoke in support. 9:58 p.m. Florence Baturin, pr.6, spoke in support. ___ __ ,_ _ __ __ _ _ � _ _ . _ ,- __ ____ _ _ _ _ _ __ _ _ . Adjourned Session of 2002 Annual Town Meeting—May 6, 2002 121 9:59 p.m. Albert Zabin,pr.l, spoke in opposition. 10:01 p.m. Elaine Dratch, pr. 5, questioned the timing for placing the vote on the ballot. Selectman Enrich explained vote procedures and effective dates. 10:03 p.m. Steve Colman,pr.7, spoke in support. 10:04 p.m. Patrick Mehr, pr.3, spoke in support. 10:05 p.m. Paul Lapointe,pr.2, spoke in opposition. 10:06 p.m. Following a voice vote on the Substitute Motion the Moderator declared a standing vote, tallied as follows: Precinct YES NO 1 0 14 2 3 10 " 3 5 10 4 7 12 5 9 4 6 5 11 7 7 9 8 7 8 9 8 8 At Lar e 3 12 TOTAL 54 98 With 54 voting in the affirmative and 98 in the negative,the Moderator declared the Substitute Motion Not Adopted. 10:10 p.m. Ephraim Weiss,pr.5, questioned procedures for Town Meeting to vote on projects once the Community Preservation Act is adopted. Selectman Peter Enrich explained. 10:11 p.m. Neal Boyle,pr.7, spoke in favor of Indefinite Postponement and against the Community Preservation Act. 10:13 p.m. Maxjorie Daggett,pr.5, questioned Board of Selectmen and Community � Preservation Act committee plans for the coming year. Selectman Enrich explained the �__. Feasibility Committee is dissolved and no priorities have been identified at this time. 10:14 p.m. Patrick Mehr, pr.3, questioned what happens next if the motion for Indefinite Postponement is defeated. 10:14 p.m. Following a voice vote on Indefmite Postponement,the Moderator declared the Motion Adopted. . 10:15 p.m. Selectman Peter Enrich moved to take up Article 30. Following a voice vote,the Moderator declared the Motion Adopted and Article 30 before the meeting. ARTICLE 30: COMMUNITY PRESERVATION ACT—AMEND BYLAWS 10:15 p.m. Presented by Selectman Peter Enrich. MOTION: That this article be Indefinitely Postponed. 10:15 p.m. Following a voice vote,the Moderator declaxed the Motion Adopted. 10:16 p.m. The Moderator reported articles to be taken up at the next meeting, including Articles 13, 14, 28, and 32. 10:16 p.m. Selectman Jeanne Krieger moved the meeting be adjourned unti18:00 LL p.m., Wednesday, May 8,2002 at the Clarke Middle School. Following a voice vote,the Moderator declared the meeting adjourned. A true copy. Attest: .;� ::.�� Donna M. Hooper,Town lerk 122 2002 ANNUAL TOWN MEETING May 8,2002 The eighth session of the 2002 Annual Town Meeting was called to order by Moderator Margery M. Battin at 8:02 p.m., May 8, 2002, at the Clarke Middle School. A quorum of 141 was present. The Moderator appointed Precinct Clerks to serve as tellers and Alexander Nedzel for at- large and committee members. The Moderator recognized the services of Boston Soundworks and the RCN cable � television crews for recording and filming this year's meetings. The Moderator explained the procedures for advance notifications on amendments and Article 41ine item amendments. 8:07 p.m. Selectman Jeanne Krieger called attention to the report of the Board of Trustees on Cary Library, and accompanying letter from the library's Foundation reporting the fundraising has achieved 84%of the goal. The Moderator reported a late afternoon notification from the sponsors of Article 13 and 14 of the request to Indefinitely Postpone both Articles; and then explained Articles 28 and 32 would be taken up this evening, with Article 32 to be Indefinitely Postponed. ARTICLE 2: REPORTS OF TOWN BOARDS, OFFICERS AND COMMITTEES 8:09 p.m. Joyce Miller, Conservation Commission, reported the increasing demands and activities of the Conservation Commission over the past year. The Moderator declared the meeting open on Article 13. ARTICLE 13: MUZZEY HIGH CONDOMINIUM REPAIRS � 8:14 p.m. Presented by Hank Manz, pr.9. � MOTION: That this Article be Indefimtely Postponed. � Mr. Manz reported Indefinite Postponement was at the request of the Article sponsors. 8:14 p.m. Following a unanimous voice vote,the Moderator declared the Motion Adopted. ARTICLE 14: AMEND QUITCLAIM DEED—MUZZEY HIGH CONDOMINIUM 8:15 p.m. Presented by Hank Manz,pr.9. MOTION: That this Article be Indefinitely Postponed. Mr. Manz reported Indefinite Postponement was at the request of the Article sponsors. 8:15 p.m. Following a unanimous voice vote,the Moderator declared the Motion Adopted. 8:15 p.m. The Moderator clarified procedures for Town Meeting Members presenting articles at the request of sponsors, stating it was a courtesy to the constituent to move their article regardless of their own personal feelings. ARTICLE 28: RESOLUTION—USE OF APPROPRIATEI)FUNDS '�. 8:16 P.M. Presented by Eric Michelson,pr.l. ( MOTION: That the following resolution be adopted: ._... "Resolved that the planned uses of all funds received from the Commonwealth of Massachusetts under Chapter 90 of the state laws shall continue to be included in Town Meeting motions. Further resolved that in case of any intent to spend any of Chapter 90 funds on items not in a Town Meeting motion or to reallocate any of Chapter 90 funds from what was stated in a Town Meeting Article motion,the Appropriation Committee and the Capital Expenditures Committee should be notified of such intent prior to implementing the change. Finally, resolved that the Board of Selectmen will report to the Town Meeting at its next regular annual meeting of any changes made in this regard." __ -- __. _---- __- - - ___ _ __ _ __ ___ _ _ __ _ _ ___ , _ _--- __ 1 Adjourned Session of the 2002 Annual Town Meeting—May 8, 2002 12 3 Mr. Michelson presented information on the intent of the resolution. 8:22 p.m. Selectman Jeanne Krieger reported the Board of Selectmen regards the article as a reasonable and fair request and unanimously supports adoption. 8'.24 p.m. Charles Hornig, pr.7, reported the unanimous support of the Capital Expenditures Committee for this resolution. 8:25 p.m. Paul Hamburger,pr.5,reported unanimous support of the Appropriations Committee for this resolution. ( 8:25 .m. Followin a v i _.__ p g o ce vote,the Moderator declared the Motion Adopted. ARTICLE 32: RETIREMENT BOARD—EARLY RETIREMENT INCENTIVE 8:25 p.m. Presented by Robert Cunha,pr.2. MOTION: That this Article be Indefinitely Postponed. Mr. Cunha reported the pending state legislation had yet to be acted upon. 8:26 p.m. Following a unanimous voice vote, the Moderator declared the Motion Adopted. � 8:26 p.m. Selectman Jeanne Krieger moved the meeting be adjourned until 8:00 p.m., Wednesday, May 22, 2002 at the Clarke Middle School. 8:26 p.m. Following a voice vote,the Moderator declared the meeting adjourned. A true copy. Attest: - � � �_. Donna M. Hooper,Town C rk ��x�� x��x�2xx 1: 2 4 SPECIAL TOWN MEETING May 15,2002 (See Warrant File for Warrant) The Special Town Meeting of May 15, 2002 was called to order by Moderator Margery M. Battin at 8:05 p.m. at the Clarke Middle School, 17 Stedman Road. A quorum of 182 Town Meeting Members was present. The Moderator requested members to sign in and be seated and advised citizens of seating arrangements for the public and town meeting members. The Moderator __ appointed precinct clerks to serve as tellers and Alexander Nedzel for members at-large. The Moderator reviewed procedures and rules of conduct. 8:11 p.m. Town Clerk,Donna M.Hooper,read the Warrant for the meeting until further reading was waived. The Town Clerk read the Constable's Return of the Warrant. ARTICLE 1: REPORTS OF TOWN BOARDS,OFFICERS,COMMITTEES 8:12 p.m. Selectman Jeanne Krieger reported plans on the Pay-As-You-Throw, and 2003 budget impact. 8:13 p.m. Paul Hamburger moved the Report of the Appropriation Committee on the Special Town Meeting be Accepted and Placed on File. Following a unanimous voice vote,the Moderator declared the Motion Adopted. Mr. Hamburger reported the Committee recommends eliminating"free" and including a revenue neutral program in the bylaw. Mr. Hamburger reported the Appropriation Committee is unanimously in favor of the PAYT program. _ ARTICLE 2: AMEND GENERAL BYLAWS I � 8:14 p.m. Presented by Charles Lamb,pr.4. MOTION: That Article 2 be taken up after Article 4. Mr. Lamb extended appreciation for the process undertaken since this article was petitioned. 8:15 p.m. Following a unanimous voice vote,the Moderator declared the Motion Adopted. ARTICLE 3: AMEND GENERAL BYLAWS 8:16 p.m. Presented by Selectman Jeanne Krieger. MOTION: That § 90-9 of the General Bylaws be amended by deleting the word"free," and by adding the following at the end"and may require residents to pay a fee for curbside collection of non-recyclable refuse provided that the fee shall be set annually so that the total annual revenue estimated to be received from the fee in any given fiscal year shall not exceed the amount by which the Town's estimated maximum tax levy limit for such fiscal year exceeds the Town's estimated tax levy for such fiscal year", so that the amended bylaw would read as follows: The Selectmen shall provide and maintain under their care and �� supervision, some suitable place or method for public disposal for the inhabitants of the town to deposit ashes, cinders,papers and other refuse „_, and rubbish in accordance with such rules and regulations as the Selectmen may from time to time make. Such rules and regulations may require the separation of designated recyclable material or materials from other refuse and may require residents to pay a fee for curbside collection of non-recyclable refuse provided that the fee shall be set annually so that total annual revenue estimated to be received from the fee in any given fiscal year shall not exceed the amount by which the Town's estimated maximum tax levy limit for such fiscal year exceeds the Town's estimated tax levy for such fiscal year. __ __ , _ __ ____ --- - _ _ _ _ . ___ _ � _ __ _ _ _ _ __ _ _ May 15, 2002 Special Town Meeting � � � 8:17 p.m. Selectman Jeanne Krieger reported the process taken and bylaw changes being addressed and anticipated�impact of changes on the tax bills. Selectman Krieger reported a majority of the Boazd of Selectmen supports this Motion. 8:21 p.m. Selectman Dawn McKenna presented a report of the minority in opposition. 8:26 p.m. Paul Hamburger,Appropriation Committee,reported the Committee's unanimous support for this Motion. 8:28 p.m. Joyce Miller, Conservation Commission,reported the Commission's ; support for the concept of a PAYT and support of this Article. � 8:30 p.m. Martha Wood, Board of Health,reported the Board's support of Article 3, and that PAYT encourages proper disposal of hazardous products. 8:31 p.m. Loren Wood,pr.3,presented a number of view graphs and spoke in opposition. 8:37 p.m. William Frawley,pr.3, spoke in support. 8:42 p.m. Nyles Barnert,pr.4, questioned a change in policy on the distribution of tags. Selectman Jeanne Krieger explained the Town's plans for tag � distribution and procedures should changes be desired. 8:44 p.m. Daniel Busa,pr.l, spoke in opposition. 8:47 p.m. David Horton, pr.8, spoke in support. 8:50 p.m. Neal Boyle,pr.7, spoke in opposition 8:52 p.m. David Harris,pr.4, spoke in support and of the incentive to recycle. 8:54 p.m. Elizabeth Haines, 279 Concord Avenue, and President of the Lexington League of Women Voters, spoke in support of waste management,this Article, and the continuation of PAYT. 8:55 p.m. Lorraine Fournier,pr.8, spoke in opposition to PAYT and on fees imposed on families. 8:58 p.m. Edith Sandy, pr.6, spoke in support. 9:01 p.m. James Barry, pr.l, spoke in opposition and questioned projected savings. -- Mr. Barry moved that when the vote is to be taken that it be taken by a Call of the Roll. With more than 49 others standing is support, the Moderator declared, when the time comes,the vote will be taken by a Call of the Roll. 9:05 p.m. Albert Zabin, pr.l, spoke in support. 9:10 p.m. Stephen Tripi, 12 Freemont Street, spoke in opposition. 9:13 p.m. Myla Kabat-Zinn, pr.2, spoke in support and of concerns with hazardous chemicals being added to the waste stream. 9:17 p.m. Marina Smith,pr.4, spoke in opposition and of her view that the PAYT penalizes families with children. 9:19 p.m. David Kessler,pr.3, spoke in support. 9:22 p.m. Jed Snyder,pr.5, questioned town office and school department recycling initiatives this year, and per-household costs for rubbish disposal. Town Manager Richard White, DPW Director William Hadley, and Solid Waste Coordinator Robert Beaudoin responded to Mr. Snyder's questions and addressed need for economic incentive. 9:30 p.m. Maria-Elena Kostorizos,pr.l, spoke in opposition. 9:33 p.m. Richard Schaye,pr.9, spoke in support and urged continuation of PAYT. 9:38 p.m. Perry Pollins, 14 Peachtree Road, spoke in opposition. 9:40 p.m. John Bartenstein,pr.l, spoke in support and in favor of revenue -- neutrality, and assuring referendum vote. 9:44 p.m. Peter Kelley,pr.4, spoke in opposition and of the need to give the voters a choice at the polls, and of his desire to postpone action on PAYT until Spring 2003. 9:48 p.m. Peter Kelley, pr.4, moved Indefinite Postponement on Article 3. The Moderator explained this is a subsidiary motion, with 10 minutes for debate. 1 � � May 1 S, 2002 Special Town Meeting 9:51 p.m. Ephraim Weiss,pr.5,moved the Question on Indefinite Postponement. The Moderator overruled Mr. Weiss as there had been no opportunity for debate. 9:53 p.m. Selectman Jeanne Krieger reported 3 of the 5 Selectmen were in favor of Indefinite Postponement. 9:55 p.m. Paul Hamburger reported a majority of the Appropriation Committee opposed Indefinite Postponement. 9:56 p.m. Peter Kelley, pr.4, spoke in favor of Indefinite Postponement,the uniqueness of the situation, and the issue of due process. 9:57 p.m. Ephraim Weiss,pr.5, Called the Question on Indefinite Postponement. Following a voice vote on whether the question shall � now be put,the Moderator declared the Question on Indefinite Postponement now before the meeting, with three minutes to the maker ' � of the motion. 9:58 p.m. Peter Kelley relinquished his 3 minutes to John Rossi, pr.l, who spoke in favor of Indefinite Postponement. 10:02 p.m. Following a voice vote on the Motion for Indefinite Postponement,the Moderator declared the Motion Not Adopted. 10:03 p.m. David Burns,pr.5, Called the Question on the Main Motion. - Following a voice vote on whether the question shall now be put, the Moderator declared the Motion Adopted and the question now before the meeting,with three minutes to the maker of the motion. 10:08 p.m. Selectman Krieger relinquished her time to Selectman Enrich. Mr. Enrich explained the intent of PAYT is not to raise taaces or generate new revenue and that the Bylaw change requires revenue neutrality. 10:10 p.m. Town Clerk Donna M. Hooper Called the Role for Article 3, as follows: CALL OF THE ROLL—Article 3 PRECINCT 1 Yes No Abstain Absent PRECINCT 2 Yes No Abstain Absent Joel A.Adler X James L.Ave X � Nanc M.Adler X l.Eugene Beauchemin X James E.B X Judith Boxer X � John C.Bartenstein X Marian A.O.Cohen X Laura L.Bo hosian X Robert W.Cunha X Ma Bowes X Thomas R.Diaz X John P.Breen X Robin B.DiGiammarino }( Daniel P.Busa X Karen A.Dooks X Jean W.Cole X Kenneth W.Ford X Jonathan G.Cole X Paul H.La ointe X Ste hen D.Cole,Jr. X Luc Lockwood X Maria-Elena Kostorizos X Daniel A.Lucas X Lillian T.MacArthur X Lauren MacNeil X Eric Ja Michelson X Andrew McAleer X Janet Moran X B Orenstein X John F.Rossi X Michael J.O'Sullivan X Bar E.Sam son X Jose h Walsh X Carol J.Sam son X Christina J.Welch X Paul G.To alian X Donald D.Wilson X Albert P.Zabin X James S.Wilson X Judith L.Zabin X Scott Wilson X PRECINCT 3 Yes No Abstain Absent PRECINCT 4 Yes No Abstain Absent Darwin P.Adams X Lisa A.Baci X Samuel Berman X N les Nathan Barnert X Nancy M Cannalonga X Gloria J.Bloom X Nicholas A Cannalonga X Scott F.Burson X Sara B.Chase X Timoth R.Counihan X "-'` Jacqueline B Davison X John L.Davies X Dan H.Fenn,Jr. X Geor ia S.Glick X Shirley Rauson Frawley }{ David J.Harris X William J.Frawle X Michelle Hutnik X Sher L.Gordon X Beverl Kelle X Gloria V.Holland X Peter C.J.Kelle X Kevin R.Johnson X Charles W.Lamb X Arthur Katz X Dou las M.Lucente X David J.Kessler X Barrie Peltz X Patrick R.Mehr X John S.Rosenber X Alexander E.Nedzel X Nicholas Santosuosso X Ma E.Neumeier X Sandra J.Shaw X Richard L Neumeier X Marina C.Smith X Daniel A.Pion � X Ruth S.Thomas X Robert Rotber X Judith J.Uhri X Loren Wood X Martin K.White X _ ._ ___ _ _- _ __ _ __ ____ _ , __ ____ _,_ ___ __ ___ _ _ � Ma 1 S, 2002 S ecial Town Meetin � � � PRECINCT 5 Yes No Abstain Absent PRECINCT 6 Yes No Abstain Absent Paul F.Barnes X Florence A.Baturin X David E.Burns X Paul Chernick X Ira W.Crowe X Norman P.Cohen X Mar'orie M.Da ett X Peter D.Cohen X Irene M.Dondle X Marshall J.Derb X Elaine Dratch X Bebe Fallick X Andrew J.Friedlich X Edmund C.Grant X Anthon G Galaitsis X Jonathan A.Himmel X Paul E Hambur er X Morton G.Kahan X John Ha ward X David L.Kaufman X Carol A.Liff X Florence Ko low X Mar aret C.Nichols X Alan J.Lazarus X Loretta A.Porter X Martin Lon X Blair B.Ruocco X Jane Pa ett X James M.Shaw X Edith Sand X ` � Sam Silverman X Frank Sand X Jed N.Sn der X Sheldon A.S ector X M.Masha Traber X H.Jerrold VanHook X Charles T.Vail X Dana Z.Wendel X E hraim Weiss X Robert V.Whitman . X David G.Williams X Thomas M.Zimmer X PRECINCT 7 Yes No Abstain Absent PRECINCT 8 Yes No Abstain Absent Marsha E.Baker X Richard H.Battin X Neal E.Bo le,Jr, X L N.Belvin X Deborah J.Brown X Ro er F.Bor hesani X Geor e A.Burnell X Mar aret Bradle X ' Steven L.Colman X Elizabeth J.B ant X Margaret L Counts- Klebe X Florence E.Connor X Robert G.Co ne X John T.Cunha X Audre J.Friend X Lorraine M.Fournier X Thomas V.Griffiths X Anne E.F mer X Phili K.Hamilton X Diana T.Garcia X David G. Kanter X Thomas M.Harden X Karl P.Kastorf X Charles Homi X Fred H.Martin X David C.Horton X David G.Milier X Steven J.Hurle X � Jo ce A.Miller X Stewart G.Kenned X Wend C.Rudner X In rid H.Klimoff X � ._ John E.Ta lor X Alan Ma er Levine X Jane A.Trudeau X Richard A Michelson X James C.Wood X James A.Osten X Martha C.Wood X Shirle H:Stolz X Alan A.Wri le X Carol n H.Tiffan X PRECINCT 9 Yes No Abstain Absent AT-LARGE Yes No Abstain Absent � o ��9 Alice J.Adler X Mar e M.Battin X m C w �-a Narain D.Bhatia X Peter D.Enrich X �D � `� � Christo her P.Busa X Donna M. Hoo er X 'b '�* "' C w G � m Richard L.Canale X Ja R.Kaufman }{ � � a Donald A.Chisholm X Wiliiam P.Kenned X � a o��' Anthon B.Close X Jeanne K.Krie er X � o Rodne Cole X � � �" � William L.Lahe X n��C �• rt Mar aret E.Co e X Dawn E.McKenna X `t � �do Ma E.Donahue X Leo P.McSweene X � � � Emil R.Donovan X � r* � Susan A.Elber er X ry p..� Thomas O.Fenn X Yes No Abstain Absent "\ w � Janice A.Kenned X TOTALS 118 61 3 16 �"`� � Fiank Manz X � '� O N W Wend Manz X �" 1O �` Janet M.Per X �v iv o Fred D. Rosenber X m o � Richard Scha e X N. � � w �. m Michael E.Schroeder X � �. Prancine Stie litz X ~ `""�" Dorris P.Traficante X ~ `� � � rt 10:31 p.m. With 118 voting in the affirmative and 61 in the negative,the Moderator � declared the Motion Adopted. "' ARTICLE 4: AMEND GENERAL BYLAWS 10:32 p.m. Presented by Selectman Jeanne Krieger. MOTION: That this Article be Indefinitely Postponed. 10:32 p.m. Following a voice vote,the Moderator declared the Motion Adopted. 1 Z H May 1 S, 2002 Special Town Meeting ARTICLE 2: AMEND GENERAL BYLAWS 10:33 p.m. Presented by Charles Lamb, pr.4. MOTION: That this Article be Indefinitely Postponed. 10:34 p.m. Following a voice vote,the Moderator declared the Motion Adopted. 10:34 p.m. Selectman Jeanne Krieger moved the 1VIay 15,2002 Special Town Meeting be Dissolved. 10:34 p.m. Following a voice vote, the Moderator declared the Motion Adopted and � -� meeting Dissolved. I .J A true copy. Attest: � Donna M. Hooper, Town erk ARTICLE 3: Approved by Attorney General Tom Reilly - May 24, 2002 Posted: May 29, 2002 Overturned by June 24, 2002 Special Election - See page 142 ---„ I � , _"_rl �f -_.___-___-.__._.__._ ....... _.._.____ ......._ .....__._ __._.... I ....... . _._.._ ___..._.. . . ._ ......_.._ ... . . . ...... _. .._. . .. ._. _...._._ 7_.. _._ __..._..._.�__. _... . 129 SPECIAL ELECTION (SEE WARRANT FILE) MONDAY, MAY 20, 2002 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Monday, May 20, 2002 at 7:00 a.m. The following places were designated as the voting places for the various precincts: Precinct One, Harrington School; Precinct Two, Bowman School; Precinct Three, Jonas Clarke Middle School; Precinct Four, Bridge School; Precinct Five, Fiske School; Precinct Six, William Diamond Middle School; Precinct Seven, Joseph Estabrook --- School; Precinct Eight, Central Fire Station; Precinct Nine, Maria Hastings School The election officers and Wardens of the various precincts were assigned for duty as follows: Precinct One Precinct Two U Richard Pemberton Warden D Gerald Abegg D Margaret Blouin Clerk D Rebecca Fagan R Hazel Allison Inspector R Elizabeth Adam D Robert Blouin Inspector D Donna Alexson (PM) D Jeannette Cerulli Inspector U Dorothy Bond D Leonora Feeney(PM) Inspector D Audrey Deshler(PM) U Margaret Kelly(AM) Inspector R Robert Edwards D Eileen McAlduff(PM) Inspector D Leonora Feeney(PM) U Doris Pemberton Inspector D Eileen N. McAlduff(PM) U Barry Sampson Inspector U Marjorie McNicholas U Martha Shurtleff(AM) Inspector U Clifford Pehrson Inspector D Ephraim Weiss Precinct Three. Precinct Four D Marjorie Modoono Warden D Gulli Kula U Alice Hopkins Clerk R Richard Crawford - D Maarib Bazzaz Inspector U Doris Berkstresser D Rita Casey Inspector U Mary Devoe (�" U Lillian Drury(PM) Inspector U Elizabeth Fleming (AM) � U Marcia Flint Inspector D Elizabeth Patrician (PM) ��__ D M. Elinor Greenway Inspector R Dana Regillo D Elizabeth McLaughlin Inspector U Eleanor Smith U Laura Welby(PM) Inspector R Gladys Snyder Precinct Five Precinct Six D Eric Kula Warden R Dorothy Boggia U/U Grace Ayers/Faith Fenske Clerk U/U Mary Casey/Harriett Morrison D Helen Cravis (AM) Inspector R Shirley Bullock(PM) R Marilyn Ford (PM) Inspector D Norman Cohen R Dorothy Gauthier(PM) Inspector U Alla Fedus D Jane Gharibian Inspector D Hazel Graham U David Kanter Inspector R William Simmons D Priscilla Winter Inspector R Barbara Simmons Precinct Seven Precinct Eiqht R Robert Foster Warden U Leo Chudigian U Bernice Gerrig Clerk U Judith Chudigian D Mary Ayvazian Inspector U Claire Abernathy D Maureen Brown Inspector R Doris Barclay D Mildred Collentro Inspector R Elinor Bettencourt R Robert Edwards Inspector U Rita Cassettari (PM) D Robert Greenway Inspector U Ann Diamond (PM) D Edna Holloran Inspector U Audrey Hosford (PM) D Judith O'Leary(AM) Inspector U Kenneth MacWilliams Inspector D George McCormack(AM) Inspector D Phyllis Richardson (AM) Precinct Nine U Duncan MacQueen Warden U John Taylor Clerk U Beverly Aker Inspector D Robert Ryan R Shirley Knox Inspector U Judith Schuler(PMl R Janet Lowther Inspector U Anne Taylor(AM) D Edith Paster(PM) Inspector D Ruth Thomas(PM) The election officers were sworn to the faithful performance of their duties. The polls were declared open in each precinct at seven o'clock A.M. and remained open until eight o'clock P.M., at which time, after due notice, the polls were declared closed. 13 0 Special Election—May 20, 2002 Total of 20,128 registered voters eligible to vote as of April 30, 2002. Pct. Registered Democrat Green Libertarian Republican Unenrolled Other* Voters 1 2056 817 1 324 913 1 2 2360 1069 6 1 276 1005 3 3 2083 807 1 330 943 2 4 2351 957 4 3 340 1045 2 5 2326 889 4 1 434 996 2 6 2346 982 1 6 381 971 5 7 2294 927 2 1 346 1014 4 ; �� 8 2170 858 5 337 967 3 9 2142 808 2 5 297 '!028 2 -�-� Total 20,128 8114 19 24 3065 8882 24 P.1- 1 Inter. Party; P.2 - 1 Green Party USA, 2 Infer. Party,� P.3 - 1 Inter. Party, 1 Socialist,• P.4-1 Inter. 3'" Party, 1 Socialist� P.5-1 Inter. 3'd Party, 1 Reform; P.6- 1 American Independent, 2 Socialist, 1 Reform, 1 Inter. 3'd Party,� P.7 - 2 Inter. 3'd Pa�y 1 Reform, 1 Rainbow Coalition; P.8- 1 American Independent, 1 Green Party USA, 1 Inter. 3'"Party, ;. P.9- 2 Green Parfy USA Election results were delivered to the Town Clerk at the Town Office Building. 40% of the registered voters cast their vote. The Town Clerk and Board of Registrars canvassed the results as follows: ABSENTEE BALLOT BREAKDOWN Ballots Ballots Applications Timely Returned Ballots Pct Processed Returned Late/ Counted � Undeliverable 1 19 18 18 2 33 32 32 3 33 29 29 4 54 47 1 47 r�'1 5 45 43 1 43 6 49 46 46 '; 7 33 32 32 8 32 32 32 9 20 19 19 Totals 318 298 2 298 Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL Registered 2056 2360 2083 2351 2326 2346 2294 2170 2142 20128 Voters Total Votes 756 988 667 956 876 1100 949 926 802 8020 Percent 37% 42% 32% 41% 38% 47% 41% 43% 37% 40% QUESTION#1: Shall the Town of Lexington be allowed to exempt from the provisions of proposition two and one-half, so-called, the amounts required to pay for the bonds to be issued in order to pay for improvements to town streets, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in the land necessary therefore? Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL YES 372 645 402 619 485 699 562 561 419 4764 �� NO 379 339 260 333 390 397 382 361 377 3218 J BLANKS 5 4 5 4 1 4 5 4 6 38 __ _ __- - ____,_ __- ---_ __ ____ __ _ __ � _ _ __ . _ _ _ __ _ _ ,_ Special Election—May 20, 2002 131 QUESTION#2: Shall the Town of Lexington be allowed to exempt from the provisions of proposition two and one-half, so-called, the amounts required to pay for the bonds to be issued in order to reconstruct the Lincoln Park athletic fields and parking lot? Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL YES 327 579 353 529 412 599 492 506 380 4177 NO 422 405 311 424 457 491 452 412 417 3791 BLANKS 7 4 3 3 7 10 5 8 5 52 � � _ QUESTION#3: Shall the Town of Lexington be allowed to exempt from the provisions of proposition two and one-half, so called,the amounts required to pay for the bonds to be issued in order to design, construct, originally equip and furnish two new elementary schools to replace the current Fiske and Harrington Elementary Schools? Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL YES 352 601 368 552 453 655 520 522 403 4426 NO 400 384 295 400 420 440 426 399 397 3561 BLANKS 4 3 4 4 3 5 3 5 2 33 A true copy. Attest: ��.�C� Donna M. Hooper, Town CI k �-- 132 2002 ANNUAL TOWN MEETING May 22,2002 The ninth session of the 2002 Annual Town Meeting was called to order by Moderator Margery M. Battin at 8:08 p.m.,May 22, 2002, at the Clarke Middle School. A quorum of 145 was present. The Moderator requested a moment of silence to honor the passing of Elizabeth Flynn, former town meeting member of precinct 3. The Moderator appointed precinct clerks to serve as tellers and Sheldon Spector as teller for r� At-Large members. The Moderator explained the anticipated action to be followed this � session and that David Kaufinan's amendment from May 1 S`is the next piece of business. Selectman Jeanne Krieger explained the intentions of the Board of Selectmen for Article 4 and the restoration of cuts. 8:14 p.m. Superintendent Joanne Benton reviewed the requested school budget. 8:17 p.m. Paul Hamburger, Appropriation Committee, summarized the free cash � position and anticipated FY2004 problems. 8:19 p.m. The Moderator declared Article 4 before the meeting, and the amendment of May 1, 2002 of David Kaufman. ARTICLE 4: OPERATING BUDGET Mr. Kaufman again moved the following amendment to restore funding to Lexpress: MOTION: Line Item 3600 Transportation Expenses $239,308 be increased�to read $279,308. 8:23 p.m. Selectman Jeanne Krieger reported the unanimous support of the Selectmen for this amendment, with$22,000 coming from the tour bus expenses and$18,000 from I adjusting yaxd waste pickups contingent upon restoration of PAYT. � 8:25 p.m. Paul Hamburger reported the unanimous support of the Appropriation Committee and sought clarification on contingency if PAYT is not restored. Town Manager Richard White explained the basis for computing the $18,000 available funding. 8:25 p.m. Frank Sandy, pr.6,expressed his concerns on the upcoming motions and the combinations should all or some be adopted. 8:26 p.m. Selectman Dawn McKenna reported the unanimous support of the Board of Selectmen for Mr. Kaufman's motion and for not taking any funds from free cash. 8:27 p.m. Selectman Jeanne Krieger reported the Board of Selectmen will propose amendments under specific line items of Article 4. 8:27 p.m. Following a voice vote on the Kaufinan Amendment,the Moderator Declared the Motion Adopted. 8:28 p.m. Jed Snyder,pr.5,thanked the School Department and School Committee for their dedication and hard work, stated the schools need to tighten their belts, and moved: �-T, MOTION: That the amount requested for appropriation by the 1 School Committee be reduced by $250,000. (Line item 1100.) _,,� 8:33 p.m. Scott Burson reported the unanimous opposition of the School Committee and addressed budget tightening measures taken. 8:37 p.m. Selectman Jeanne Krieger reported the unanimous opposition of the Board of Selectmen. 8:38 p.m. Paul Hamburger reported the Appropriation Committee's opposition. 8:38 p.m. John Rosenberg,pr.4, spoke on the quality of the faculty and spoke in opposition. -- __--- __ - __ __ � __ _.__ _ _ _ _ _ Adjourned Session of the 2002 Annual Town Meeting—May 22, 2002 13 3 8:41 p.m. Nea1 Boyle, pr.7, spoke in support. 8:43 p.m. Ingrid Klimoff,pr.8, spoke in opposition. 8:44 p.m. Loren Wood,pr.3, spoke in support. � 8:46 p.m. Albert Zabin, pr.l, spoke in opposition,and of the priority of education. 8:48 p.m. Lisa Baci,pr.4, spoke in opposition. 8:49 p.m. Edith Sandy, pr.6, spoke in opposition. 8:50 p.m. Following a voice vote on the proposed Amendment,the Moderator Declared the Motion Not Adopted. ARTICLE 4 OPERATING BUDGET 1100 Lexington Public Schools - - 8:50 p.m. School Committee Chairman Scott Burson moved: MOTION: I move that Line Item 1100 Lexington Public Schools be amended by changing the figure $61,501,836 to $61,564,696 and by adding(Provided, however,that$62,860 of the appropriation is contingent upon the reinstitution of the Pay As You Throw Program.) 8:52 p.m. Selectman Jeanne Krieger reported the unanimous support of the Selectmen. 8:52 p.m. Paul Hamburger reported the unanimous support of the Appropriation Committee. 8:53 p.m. Jed Snyder,pr.5,spoke in opposition. 8:54 p.m. Following a voice vote,the Moderator Declared the Motion Adopted. 3000 DPW General Expenses 8:56 p.m. Selectman Jeanne Krieger moved: MOTION: I move that Line Item 3000 DPW General Expenses be amended by changing the figure $4,090,448 to $3,888,088 and by adding(Provided, however,that$33,000 of the appropriation is contingent upon the reinstitution of the Pay As You Throw Program.) (Provided that the total appropriation shall be increased by$217,360 if the Pay As You Throw Program is not reinstituted.) i ' Selectman Krieger reported the unanimous support of the Board of Selectmen. �--- Paul Hamburger reported the unanimous support of the Appropriation Committee. 8:58 p.m. Following a voice vote,the Moderator Declared the Motion Adopted. 8:58 p.m. Charles Lamb, pr.4, moved the following Resolution: MOTION: That Line Item 3000 DPW General Expenses be amended by _ adding the following: - (Resolved that a Pay As You Throw Program will be implemented for refuse disposal services if Section 90-9 of the General Bylaws is amended in accordance with the vote under Article 3 of the warrant for the Special Town Meeting of May 15, 2002.) Mr. Lamb explained the intent of the Resolution is to implement PAYT, which is empowered by not required by law. 9:00 p.m. Selectman Jeanne Krieger reported the Selectmen's unanimous support. 9:01 p.m. Paul Hamburger reported the Appropriation Committee unanimous support. 9:01 p.m. John Rossi,pr.l, spoke in opposition. 9:03 p.m. Richard Michelson, pr.8, spoke in opposition. 9:04 p.m. Selectman Dawn McKenna reported the Selectmen's vote of 4-1 in favor. 9:04 p.m. Peter Kelley,pr.4, spoke in opposition and of the need to wait for results - � of the June 24�'Referendum. 9:08 p.m. Paul Hamburger, pr.5, questioned if the Selectmen would abide by the wishes of the majority and implement the PAYT. A poll of the Selectmen showed 2 in favor of reinstating and 3 not willing to speculate. 9:10 p.m. Andrew Friedlich,pr.5,questioned the Board of Selectmen on further implementation of the PAYT and support of Town Meeting vote. 9:11 p.m. Ephraim Weiss, pr.5, stated the role of Town Meeting and the Board of Selectmen, and spoke in support of the resolution. 9:12 p.m. Edith Sandy, pr.6, stated responsibility of Town Meeting as she saw it. 9:14 p.m. Robert Rotberg,pr3, questioned carrying forward. 9:14 p.m. Eric Michelson,pr.l, spoke against. 13 4 Adjourned Session of the 2002 Annual Town Meeting-May 22, 2002 9:16 p.m. Ingrid Klimoff,pr.8, moved the�question. The Moderator polled the meeting on shall the question now be put, Declared the Motion Adopted, and question now before the meeting. 9:17 p.m. Following a voice vote on Mr. Lamb's motion,the Moderator Declared the Motion Adopted. 9:17 p.m. Nyles Barnert, pr.4,moved: MOTION: Amend line item 3000 by adding: Resolved, A change in the policy of providing 30 tags annually shall be presented to Town � Meeting for approval. � 9:19 p.m. Selectman Jeanne Krieger reported alternatives to the 30 tag policy are under consideration. 9:20 p.m. Paul Hamburger reported the unanimous support of the Appropriation Committee. 9:21 p.m. Selectman Dawn McKenna clarified the Selectmen's majority position and alternatives considered. 9:23 p.m. Ephraim Weiss,pr.5, spoke in opposition and of the inappropriateness of Town Meeting to micromanage. 9:27 p.m. Following a voice vote,the Moderator called for a standing vote, tallied as follows: Pct YES NO 1 9 8 2 2 6 3 5 8 4 9 5 5 4 7 6 9 6 7 4 10 8 6 8 '-� 9 6 9 At Lar e 10 4 _,f TOTAL 64 71 9:27 p.m. With 64 voting in the affirmative and 71 in the negative, the Moderator Declared the Motion Not Adopted. 4100 Law Enforcement Personal Services 9:28 p.m. Selectman Jeanne Krieger moved: MOTION: I move that Line Item 4100 Law Enforcement Personal Services be amended by changing the figure $3,845,790 to $3,864,790 and by adding (Provided,however, that$19,000 of the appropriation is contingent upon the reinstitution of the Pay As You Throw Program.) Selectman Krieger reported the unanimous support of the Board of Selectmen. Paul Hamburger reported the unanimous support of the Appropriation Committee. 9:28 p.m. Richard Michelson,pr.8, addressed the police presence in the center. 9:29 p.m. Following a voice vote,the Moderator Declazed the Motion Adopted. 4200 Fire Department Personal Services 9:29 p.m. Selectman Jeanne Krieger moved: MOTION: I move that Line Item 4200 Fire Department Personal Services be amended by changing the figure $3,355,744 to $3,381,744 and by adding (Provided, however,that$26,000 of the appropriation is contingent upon the reinstitution of the Pay As You Throw Program.) Selectman Krieger reported the unanimous support of the Selectmen and how this funding would expedite Fire Department hiring of supervisory personnel. 9:30 p.an. Paul Hamburger reported the unanimous support of the Appropriation Committee. 9:31 p.m. Following a voice vote,the 1Vloderator Declared the Motion Adopted. . _ � _ _ _ _ __ _ _ _ - � __- ___-,---- Adjourned Session of the 2002 Annual Town Meeting—May 22, 2002 '`' � � 4200 Fire Department Expenses 9:31 p.m. Selectman Jeanne Krieger moved: MOTION: I move that Line Item 4200 Fire Department Expenses be amended by changing the figure $481,226 to $484,726 and by adding(Provided, however, that$3,500 of the appropriation is continent upon the reinstitution of the Pay As You Throw Program.) Selectman Krieger reported unanimous support of the Selectmen. Paul Hamburger reported unanimous support of the Appropriation Committee. -- 9:31 p.m. Following a voice vote,the Moderator declared the Motion Adopted. 7200 Planning Expenses 9:32 p.m. Selectman Jeanne Krieger moved: MOTION: I move that Line Item 7200 Planning Expenses be amended by changing the figure $38,450 to $58,450 and by adding(Provided, however,that $20,000 of the appropriation is contingent upon the reinstitution of the Pay As You Throw Program.) 9:32 p.m. � Selectman Krieger reported the support of a majority of the Selectmen 9:32 p.m. Paul Hamburger reported the unanimous support of the Appropriation Committee. 9:32 p.m. Following a voice vote,the Moderator declared the Motion Adopted. 7300 Economic Development Expenses 9:33 p.m. Selectmen Jeanne Krieger moved: MOTION: I move that under Line Item 7300 Economic Development Expenses the wording in parenthesis be amended by changing the figures $67,605 to $97,605. Selectman McKenna addressed issues and concerns regarding the funding risk and guaranteed sales for the Liberty Ride. --- 9:36 p.m. Paul Hamburger reported the Appropriation Committee was in favor but questioned additional funding. Selectman McKenna reported the unanimous support of the Selectmen. 9:38 p.m. Ephraim Weiss, pr.5, questioned the motion before the meeting and action requested. Selectman Enrich explained the vote by Town Meeting was to support the Liberty Ride program even if it is revenue neutral. 9:40 p.m. Ephraim Weiss,pr.5, questioned if funding is not received. Selectman Enrich explained monies cannot be expended if funding is not received and the program may be discontinued on short notice. 9:41 p.m. Following a voice vote,the Moderator Declared the Motion Adopted. 9:41 p.m. Following a voice vote on ARTICLE 4, as AMENDED,the Moderator Declared the Motion Adopted. 13 6 Adjourned Session of the 2002 Annual Town Meeting—May 22, 2002 --------------------------------------------------------- ARTICLE 4 OPERATING BUDGET (as amended) Article 4 OPERATING BUDGET MOTION: That the following amounts be appropriated for the ensuing fiscal year and be raised in the tax levy except where a transfer is indicated they shall be provided by such a transfer: '� Education �"� � `� 1100 Lexington Public Schools $61,564,696 ' � .�' (Provided,however,that$62,860 of tl�e appropriation is contingent upon the --� � � reinstitution of the Pay As You Throw Program) W � (And further that the School Department is authorized to enter into equipment � � lease/purchase agreements from time to time provided that each such agreement is subject � o to annual appropriations.) � � 1200 Minuteman Regional School 843,688 a� O 3 w O a � ,� Emplovee Benefits � � H 2110 Contributory Retirement 2,721,766 -� � �, (Of�vhich$65,762 is to be transferred from the Water Enterprise Fund and �,�� , $16,441 is to be transferred from the Sewer Enterprise Fund.) � � � 2120 Non-Contributory Retirement 123,000 � � a 2130-2150 Insurance 4,884,033 N o � (Of which$109,872 is to be transferred from the Water Enterprise Fund, � �, � $24,434 is to be transferred from the Sewer Enterprise Fund and$22,680 a � � is to be transferred from the Recreation Enterprise Fund.) � � � (and further that amounts appropriated in this article for employee health and life � insurance shall be transferred to this account to fund cost items (a) included in collective bargaining agreements reached between the Town and employee organizations and(b)resulting from such agreements as they bear on the Town .� employee compensation plan.) � Debt Service 2210 Payment on Funded Debt 2,185,000 (Of which$19,200 is to be transferred from receipts reserved for appropriation.) 2220 Interest on Funded Debt 292,933 2230 Temporary Borrowing 347,875 2240 Exempt Debt 1,339,535 Operatin�Articles 2310 Reserve Fund 150,000 2320 Municipal Salary Adjustments 327,668 (Such sum of$327,668 is appropriated to fund cost items resulting from (a) collective bargaining agreements and(b) as they bear on the Town employee wage and salary plan. The amount voted is to be distributed among personal services accounts as authorized by the Board of Selectmen.) (Of which$1,743 is to be transferred from the Water Enterprise Fund and $1,744 is to be transferred from the Sewer Enterprise Fund.) Organizational Expenses 2410 Municipal Services &Expenses Personal Services 41,975 2410 Municipal Services &Expenses 97,400 Community Services 3000 DPW Personal Services 3,174,054 (Of which$254,541 is to be transferred from the Water Enterprise Fund,$219,061 is to be transfened from the Sewer Enterprise Fund,$100,000 is to be transferred from the Cemetery Trust Funds and$75,000 is to be transfened from the Recreation Enterprise Fund.) _ ___ _._ __ _ _ � _ _ _ __ _ , __ Adjourned Session of the 2002 Annual Town Meeting-May 22, 2002 13 7 3000 DPW General Expenses 3,888,088 (Provided, however,that$33,000 of the appropriation is contingent upon the reinstitution of the Pay As You Throw Program and provided further that the total appropriation shall be increased by $217,360 if the Pay As You Throw Program is not reinstituted.) (Of which$216,067 is to be transferred from the Water Enterprise Fund,and$127,082 is to be transfened from the Sewer Enterprise Fund;and provided further that the Towri ¢ n m Manager may enter into an agreement or agreements with one or more governmental units � � � to perform jointly with such units any service,activity or undertaking authorized by law.) � rt � (And further that the Town Manager is authorized to enter into communications �- � N - equipment agreements, equipment lease/purchase agreements from time to time `� � r,, provided that each such agreement is subject to annual appropriations.) � � ° (And in addition that$50,000 of expenses for the sale of burial containers y n ,.� and biodegradable bags be funded by the receipt of$50,000 in anticipated `� �. � revenues, and that the surplus from FY2001 in the amount of$18,359.50 �� ~ may be closed to the General Fund.) y o �, (And in addition State/Federal Grants, site generated revenue and/or refuse o m � stabilization funds as permitted under existing agreements may be used to meet � � � Division of Environmental Protection guidelines at the Hartwell Avenue landfill y �, site.) £ � � (And to permit the Town to enter into agreements with either private or public � � entities in order to enhance public services, increase revenue, improve efficiency, rt rt or save money to the benefit of the Town.) �• o- (Resolved that a Pay As You Throw Program will be implemented for refuse `� � disposal services if Section 90-9 of the General Bylaws is amended in ¢ accordance with the vote under Article 3 of the warrant for the Special Town Meeting of May 15,2002.) 3600 Transportation Personal Services � 64,261 3600 Transportation Expenses 279,308 (Of which$79,193 is to be transferred from the Parking Meter Fund.) 3700 Water Department 4,911,735 (And that to raise such amount$4,911,735 be transferred from the Water Enterprise Fund.) 3800 Sewer Department 7,941,089 (And that to raise such amount$7,941,089 be transferred from the Sewer Enterprise Fund.) Public Safetv 4100 Law Enforcement Personal Services 3,864,790 (Provided,however, that$19,000 of the appropriation is contingent upon the reinstitution of the Pay As You Throw Program.) (Of which$93,025 is to be transferred from the Parking Meter Fund.) 4100 Law Enforcement Expenses 410,572 (Of which$16,000 is to be transferred from the Parking Meter Fund.) 4200 Fire Department Personal Services 3,381,744 (Provided, however,that$26,000 of the appropriation is contingent upon the reinstitution of the Pay As You Throw Program.) 4200 Fire Department Expenses 484,726 (Provided, however,that$3,500 of the appropriation is contingent upon the reinstitution of the Pay As You Throw Program.) � Culture and Recreation 5100 Library Personal Services 1,491,257 5100 Library Expenses 266,394 5200 Recreation Department 1,244,608 (And to raise such amount$1,244,608 be transferred from the Recreation Enterprise Fund.) Social Services 6000 Social Services Personal Services 173,185 6000 Social Services Expenses 290,857 1 � � Adjourned Session of the 2002 Annual Town Meeting-May 22, 2002 Communitv Development 7100 Community Development Personal Services 585,789 7100 Community Development Expenses 58,360 7200 Planning Personal Services 175,134 7200 Planning Expenses 58,450 (Provided, however, that$20,000 of the appropriation is contingent upon the reinstitution of the Pay As You Throw Program.) 7300 Economic Development Personal Services 90,616 , (And that$33,020 of personal services for the operation of the T'ourist Trolley be funded by - the receipt of$33,020 in anticipated revenues.) � 7300 Economic Development Expenses 118,385 � (And that$97,605 of expenses for the operation of a Tourist Trolley be funded by the receipt of$97,605 in anticipated revenues.) General Government 8110 Board of Selechnen Administration Personal Services 64,404 (Of which$3,324 is to be transferred from the Water Enterprise Fund and $831 is to be transferred from the Sewer Enterprise Fund.) 8110 Board of Selectmen Administration Expenses 74,090 8120 Legal Fees & Expenses 225,000 8130 Town Report 6,000 8200 Town Manager Personal Services 318,246 . (Of which$46,848 is to be transferred from the Water Enterprise Fund and $11,712 is to be transferred from the Sewer Enterprise Fund.) � 8200 Town Manager Expenses 14,667 � � . -° -� Town Committees � � 8310 Appropriation Committee Expenses 1,000 w � 8320 Miscellaneous Boards& Committees Expenses 8,755 � 3 8330 Public Celebrations 25,000 "� � o � H � 0 3 Finance --J � � � 8400 Finance Personal Services 826,330 � � �' (Of which $245,464 is to be transferred from the Water Enterprise Fund � � � and $61,365 is to be transferred from the Sewer Enterprise Fund.) � -� �, 8400 Finance Expenses 219,900 � � � (And in addition that$7,500 of expenses generated from enrollment in the o � a Flexible Spending Plan be funded by the receipt of$7,500 in anticipated `" o �, revenues.) � � � (And further that the Treasurer and Collector is hereby authorized to enter �� into compensating balance agreements during fiscal years 2002, 2003 and �, � � 2004, as permitted by General Laws Chapter 44, Section 53F.) � � � � Town Clerk 8500 Town Clerk Personal Services 220,784 8500 Town Clerk Expenses 65,395 Mana�ement Information S st� 8600 MIS Personal Services 152,390 (Of which$44,020 is to be transferred from the Water Enterprise Fund and $11,006 is to be transferred from the Sewer Enterprise Fund.) �� 8600 MIS Expenses 205,220 � � --------------------------------�-------------------=----------------- 9:42 p.m. Fred Martin,pr.7, questioned what happens to the budget if PAYT is not implemented. Selectman Jeanne Krieger explained the contingent programs would not be reinstituted and any revenue accumulated would be deposited into free cash. The Town is in no position to formally estimate revenue without a formal PAYT. 9:45 p.m. Sam Berman, pr.3, questioned contingent funding votes. Selectman Krieger explained programs would only be restored if PAYT is instituted. 9:46 p.m. Frank Sandy, pr.6, questioned PAYT brokerage estimates. Town Manager __ _ __ --__ __ _ _ ___ _ � _ _ - _ _ _ _ _ ___ _ _ __ __ Adjourned Session of the 2002 Annual Town Meeting—May 22, 2002 13 9 Richard White explained revenue estimates are hoped to cover costs. 9:47 p.m. Thomas Zimmer, pr.6, questioned the reduction in yard waste collections and trash tonnage. Town Manager Richard White addressed rubbish collections and expansion of yard waste collections. 9:49 p.m. Joyce Miller,pr.7, questioned composting of yard waste materials collected. Town Manager Richard White explained the process. 9:50 p.m: Thomas Zimmer,pr.6, questioned impact of reduced collections on yard waste composting. Mr. White then addressed additional yazd waste pickup frequencies - are dependent upon restoration of PAYT. It is illegal to deposit yard wastes in trash. 9:53 p.m. Following a voice vote on Article 4 as Amended,the Moderator Declared the Motion Adopted. 9:53 p.m. Paul Hamburger Served Notice of Reconsideration on Article 4. The Moderator declared a 10 minute recess to discuss Article 8G. 10:06 p.m. � The Moderator called the Meeting to Order and declazed Article 8G before the Meeting. ARTICLE 8 CAPITAL PROJECTS AND EQUIPMENT (g) Sidewalk Improvements 10:07 p.m. Selectman Jeanne Krieger moved: MOTION: That Article 8 (g) Sidewalk Improvements be amended by changing the figure$0 to $50,000 and by adding the following: and that $50,000 be raised in the tax levy; (Provided, however,that$50,000 of the appropriation is contingent upon the reinstitution of the Pay As You Throw Program.) 10:07 p.m. Selectman Krieger reported the support of the Boazd of Selectmen. � 10:08 p.m. Charles Horning reported the unanimous support of the Capital Expenditures Committee and explained justification for the $50,000 amount with contingency upon the trash fee. 10:09 p.m. Paul Hamburger reported the unanimous support of the Appropriation Committee. 10:09 p.m. Following a voice vote, the Moderator Declared the Motion Adopted. 140 Adjourned Session of the 2002 Annual Town Meeting-May 22, 2002 ------------------------------------ ARTICLE 8 CAPITAL PROJECTS AND EQUIPMENT (as amended) MOTION: That the following amounts be appropriated for the following capital improvements and that each amount be raised as indicated: (a) Public Works Equipment- $327,500 and that$214,500 be raised in the � tax levy and$53,000 be transferred from the Water Enterprise Fund and � `� $60,000 be transferred from the Sewer Enterprise�und; �-� o �' (b) Pine Meadows Improvements - $300,000 and that $300,000 be � � � transferred from the Recreation Enterprise Fund; .�� ,� � (c) Traffic Improvements- $180,000 and that$180,000 be raised in the tax � 3 lev3'; � �, (d) Street Related Improvements-$1,100,000 and that$650,000 be raised in � 0 3 the tax levy; and in addition the Selectmen are authorized to accept � � o highway funds from all sources including the $450,000 allocated under a o E Chapter 90 of the General Laws, and the Treasurer with the approval of � � o the Selectmen is authorized to issue Highway Reimbursement Notes -�+ � � under G.L.c.44 §6 as amended; U •rl � �, � � � (e) Playground and Recreation Facilities Improvement - $30,000 and that � � � $30,000 be raised in the Tax Levy; ,� y a (fl Storm Sewer Improvements-$100,000 and that$100,000 be transferred N ° � from the Sewer Enterprise Fund; � � � (g) Sidewalk Improvements-$50,000 and that$50,000 be raised in the Q N �, tax levy; (Provided, however, that $50,000 of the appropriation is � � � contingent upon the reinstitution of the Pay as You Throw Program.) (h) Town Building Envelope Remodeling Program- $685,000 and that the Treasurer with the approval of the Board of Selectmen is authorized to borrow$685,000 under G.L.c.44,§7(3A) or any other enabling authority. r� � ARTICLE 33 USE OF FUNDS TO REDUCE TAX RATE 10:10 p.m. Presented by Selectman Jeanne Krieger: MOTION: That the sum of$3,200,000 be appropriated to reduce the tax levy for the fiscal year beginning July 1, 2002, and that such amount be transferred from the Unreserved Fund Balance. Selectman Krieger addressed cash reserve balance,the AAA rating of the town, and reported the unanimous support of the Selectmen. � 10:13 p.m. Paul Hamburger reported the unanimous support of the Appropriation Committee. 10:13 p.m. Following a voice vote,the Moderator declared the Motion Adopted Unanimously. � 10:13 p.m. Following a voice vote on ARTICLE 8�a�AMENDED, the Moderator Declared the Motion Adopted Unanimously. 10:14 p.m. Selectman Jeanne Krieger moved the 2002 Annual Town Meeting be Dissolved. 10:14 p.m. Following a voice vote,the Moderator declared the 2002 Annual Town Meeting Dissolved. A true copy. Attest: � ��- � Donna M. Hooper,To � lerk - - _ _ _ _ _ __ ___ __ I __ __ _ __ _ _ _ _ -- __ 141 SPECIAL ELECTION (SEE WARRANT FILE) MONDAY, JUNE 24, 2002 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Monday, June 24, 2002 at . 7:00 a.m. The following places were designated as the voting places for the various precincts: Precinct One, Harrington School; Precinct Two, Bowman School; Precinct Three, Jonas Clarke Middle School; Precinct Four, Bridge School; Precinct Five, Fiske School; Precinct Six, William Diamond Middle School; Precinct Seven, Joseph Estabrook School; Precinct Eight, Central Fire Station; Precinct Nine, Maria Hastings School � The election officers and Wardens of the various precincts were assigned for duty as follows: Precinct One Precinct Two U Richard Pemberton Warden D Gerald Abegg D Margaret Blouin Clerk D Rebecca Fagan R Hazel Allison Inspector D Donna Alexson (PM) D Robert Blouin Inspector U Dorothy Bond D Jeannette Cerulli Inspector D Arline Burns (AM) U Margaret Kelly(AM) Inspector R Robert Edwards D Eileen McAlduff Inspector D Leonora Feeney (PM) U Doris Pemberton Inspector U Lillian T. MacArthur(AM) U Barry Sampson Inspector U Marjorie McNicholas U Martha Shurtleff Inspector U Clifford Pehrson Precinct Three Precinct Four D Marjorie Modoono Warden D Gulli Kula U Alice Hopkins • Clerk R Richard Crawford U Doris Berkstresser(AM) Inspector U Robert Bennett D Samuel Berman (AM) Inspector U Mary Devoe D Rita Casey Inspector D Gabrielle Kulin U Marcia Flint Inspector R Dana Regillo D M. Elinor Greenway (AM) Inspector U Eleanor Smith D William Hooper(PM) Inspector R Gladys Snyder D Elizabeth McLaughlin Inspector U Laura Welby(PM) Inspector Precinct Five Precinct Six D Eric Kula Warden R Dorothy Boggia U Grace Ayers Clerk U Harriett Morrison R Elizabeth Adam Inspector R Shirley Bullock D Henry Beerman Inspector D Francine Edwards (AM) R Dorothy Gauthier(PM) Inspector U Alla Fedus D Jane Gharibian (PM) Inspector D Hazel Graham D Cecil Jones Inspector U Ralph McDewell (PM) U Alice Stringos Inspector D Catherine Rego D Priscilla Winter Inspector R Burton Smith Precinct Seven Precinct Eiqht R Robert Foster Warden U David Kanter U Bernice Gerrig Clerk U Faith Fenske U Beverly Aker(PM) Inspector U Claire Abernathy D Mary Ayvazian Inspector R Doris Barclay R Isabelle Bennett Inspector U Kaitlin M. Boudreau (AM) D Mildred Collentro Inspector D Maureen Brown D Robert Greenway(AM) Inspector U Rita Cassettari (PM) D Edna Holloran Inspector U Ann Diamond (PM) D Alice Pierce Inspector U Audrey Hosford (PM) Inspector R D. Peter Lund (AM) � Inspector U Erin L. Murphy(AM) Inspector D Phyllis Richardson y__ Inspector D E. Ashley Rooney(AM) Precinct Nine U Duncan MacQueen Warden R Carole Scalise Clerk U Carole Butler(PM) Inspector D Edith Paster(PM) U Gertrude Faye Cullinane Inspector D Robert Ryan D Catherine Hooper Inspector U John Taylor R Shirley Knox Inspector U Anne Taylor(AM) R Janet Lowther Inspector The election officers were sworn to the faithful performance of their duties. The polls were declared open in each precinct at seven o'clock A.M. and remained open until eight o'clock P.M., at which time, after due notice, the polls were declared closed. 1 4 � Special Election—June 24, 2002 Total of 19,896 registered voters eligible to vote as of June 4, 2002. Pct. Registered Democrat Green Libertarian Republican Unenrolled Other* Voters 1 2038 814 1 1 311 910 1 2 2351 1067 8 2 272 1000 2 3 2044 788 1 319 934 2 4 2310 936 4 3 334 1031 2 5 2314 883 5 2 432 993 2 6 2310 965 2 6 378 954 5 r_ 7 2260 911 2 1 335 1007 4 , 8 2151 850 1 5 335 957 3 9 2118 795 2 5 293 1021 2 Total 19,896 8009 25 26 3009 8884 23 P.1- 1 Inter. Party; P.2—2lnter. Party; P.3— 1 Inter. Party, 1 Socialist,� P.4—1 Inter. Party, 1 Socialist,� P.5—1 Inter. 3'd Party, 1 Reform; P.6— 1 American Independent, 2 Socialist, 1 Reform, 1 Inter. 3'd Party; P.7 — 2 Inter. 3'd Party,1 Reform, 1 Rainbow Coalition; P.8 — 1 American/ndependent, 1 Green Parfy USA, 1 Inter. 3'd Party, ;P.9—2 Green Party USA Election results were delivered to the Town Clerk at the Town Office Building. 53% of the registered voters cast their vote. The Town Clerk and Board of Registrars canvassed the results as follows: ABSENTEE BALLOT BREAKDOWN Ballots Ballots Returned Applications Timely Late/Not Ballots Pct Processed Returned Returned/ Counted Re'ected 1 58 55 3 55 2 106 103 3 103 3 78 73 5 73 4 118 115 3 115 �� 5 116 109 7 109 6 128 121 7 121 ,_, 7 121 111 10 111 8 87 85 2 85 9 93 91 2 91 Totals 905 863 42 863 Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL Registered 2038 2351 2044 2310 2314 2310 2260 2151 2118 19,896 Voters TotalVotes 1126 1283 928 1227 1220 1327 1204 1232 1053 10600 Percent 55% 55% 45% 53% 53% 57% 53% 57% 50% 53% QUESTION: Shall the Town vote to approve the action of the representative town meeting whereby it was voted to amend section 90-9 of the General Bylaws relating to trash disposaf by deleting the word "free" and authorizing a fee for residential trash disposal provided that the fee shall be set annually so that the total annual revenue estimated to be received from the fee in any given fiscal year shall not exceed the amount by which the Town's estimated maximum tax levy limit for such fiscal year exceeds tHe Town's estimated tax levy for such fiscal year (i.e., a revenue neutral trash fee)? �--, Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL YES 251 522 343 508 334 492 396 440 329 3615 NO 868 755 576 715 881 832 802 786 717 6932 BLANKS 7 6 9 4 5 3 6 6 7 53 A true copy. Attest: Donna M. Hooper, To n Clerk _ _ � _. ___ _ _ _ _ . _ _ . - --- __ _----- . 143 r (Warrant for State Primary—See WARRANT FILE) STATE PRIMARY TUESDAY, SEPTEMBER 17,2002 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Tuesday, September 17, 2002 at 7:00 a.m. The following places were designated as the voting places for the various precincts: Precinct One, Harrington School; Precinct Two, Bowman School; Precinct Three, Clarke Middle School; Precinct Four, Bridge School; Precinct Five, Fiske School; Precinct Six, Diamond � Middle School; Precinct Seven, Estabrook School, Precinct Eight, Fire Headquarters Building; Precinct Nine, Hastings School. The election officers and Wardens of the various precincts were assigned for duty as follows: Precinct One Precinct Two � U Richaxd Pemberton Warden D Gerald Abegg D Margaret Blouin Clerk U Grace Ayers U Martha Shurtleff Inspector D Arline Burns(am) U Margaret Kelly(am) Inspector U Marjorie McNicholas U Doris Pemberton Inspector R Doris Barclay R Hazel Allison Inspector D Donna Alexson(am) D Jeannette Cerulli Inspector U Clifford Pehrson D Eileen McAlduff(pm) Inspector D Jane Gharibian(pm) U Barry Sampson Inspector U Lillian MacArthur(am) Inspector D MaryAnn McKenna(pm) Inspector D Rebecca Fagan(pm) Inspector D Francine Edwards(am) Precinct Three Precinct Four U David Kanter Wazden D Gulli Kula U Faith Fenske Clerk R Richard Crawford -- U Lillian Drury(pm) Inspector U Mary Devoe U Alice Hopkins Inspector U Doris Berkstresser D M. Elinor Greenway Inspector R Dana Regillo U JoAnn Eurich Inspector U Eleanor Smith D Rita Casey Inspector U Beverly Aker . D Robert Tracey Inspector R Raymond Flynn(am) D Elizabeth McLaughlin Inspector I U Elizabeth Fleming(am) D Maarib Bazzaz Inspector Precinct Five Precinct Six D Eric Kula Warden R Dorothy Boggia U Norman Cohen Clerk U Harriet Morrison R Dorothy Gauthier Inspector R Nicholas Hay(am) D George McCormack(am) Inspector R Barbara Simmons D Henry Beerman Inspector R William Simmons R Elizabeth Adam Inspector U Alla Fedus U Alice Stringos Inspector D Hazel Graham D Cecil Jones Inspector U Carolyn Murphy(am) Inspector R Burton Smith r— �-, 144 September 17, 2002 State Primary, cont..... Precinct Seven Precinct Ei�ht R Robert Foster Warden U Leo Chudigian U Bernice Gerrig Clerk U Judith Chudigian D H. Charlotte Ford(am) Inspector D Phyllis E. Richardson R Isabelle Bennett Inspector U Ann R. Diamond(am) D Alice Pierce Inspector D Maureen A. Brown D Mary Ayvazian Inspector U Claire Abernathy D Robert Greenway Inspector R Elinor Bettencourt D Edna Halloran Inspector D Barbara L. Perrotta _ D Mildred Collentro Inspector U Rita Cassettari (pm) � D Nancy Hubert(pm) Inspector U Audrey H. Hosford(pm) � Precinct Nine U Duncan MacQueen Warden R Carole Scalise Clerk U Donna Keane Inspector R Robert Edwards U Anne Taylor(am) Inspector U Carole Butler(am) U John Taylor(am) Inspector D Edith Paster(pm) D Robert Ryan Inspector D Judith O'Leary(pm) U Gertrude Cullinane (am) Inspector The election officers were sworn to the faithful performance of their duties. The polls were declared open in each precinct at seven o'clock A.M. and remained open until eight o'clock P.M., at which time, after due notice, the polls were declared closed. The total number of registered voters in each precinct eligible to vote as of August 28, 2002, is as follows: Precinct Registered Democrat Libertarian Mass. Republican Unenrolled Other Voters Green 1 2051 818 1 0 305 925 2 2 2376 1069 2 8 266 1028 3 3 2069 802 2 0 314 949 2 4 2347 957 4 3 328 1052 3 5 2333 889 1 5 432 1004 2 6 2346 967 6 2 366 1000 5 7 2286 909 2 2 329 1040 4 8 2162 850 6 2 333 968 3 9 2154 806 5 � 4 289 1048 2 Totals 20124 8067 29 2� 2962 9014 26 P.1-2 Inter. 3`d Party; P.2—3 Inter. 3`d Party,; P3 — 1 Inter. 3`d Party, 1 Socialist; P.4—2 Inter. 3`d Party, 1 Socialist; P.5 —I Inter. 3`d Party, I Reform; P.6 — 1 Inter. 3`d Party, 2 Socialist, 1 Reform, 1 American Independent;P.7 — 2 Inter. 3`d Paity, 1 Reform, 1 Rainbow Coalition; P.8 — 1 Green Party USA, 1 American Independent;P.9-2 Green Party USA Recap sheets were delivered to the Town Clerk at the Town Office Building. 38.5% of the registered voters cast their vote. The Town Clerk canvassed the results: Precinct Democrat Mass.Green Libertarian Republican Total Voted 1 611 0 0 181 792 2 783 5 0 183 971 ' 3 611 0 1 168 780 4 734 4 0 160 898 5 577 0 0 214 791 _� 6 727 1 5 263 996 7 710 0 1 181 892 8 656 1 2 203 862 9 583 0 0 178 761 Totals 5992 11 9 1731 7743 _ ------ - __ __ _- __ _ _._____ .____ ___ ____ _- _ ___ -__ _- - _ __ I _ __ _ September 17,2002 State Primary,cont..... 14 5 ; ABSENTEE BALLOT BREAKDOWN Ballots Ballots Precinct Applications Processed Timely Late Ballots Ballots Counted . Return Return Rejected MASS MASS DE REP LIB GREEN TOTAL TOTAL TOTAL DEM REP LIB GREEN M l 13 2 0 0 13 0 0 12 1 0 0 2 36 3 0 0 33 0 0 30 3 0 0 3 31 10 0 0 34 0 0 25 9 0 0 4 33 7 0 0 36 1 0 30 6 0 0 5 12 8 0 0 17 1 0 11 6 0 0 6 38 16 0 0 44 1 0 31 13 0 0 7 24 6 0 0 23 3 0 21 2 0 0 -- 8 18 11 0 0 25 2 0 14 Ii 0 0 9 17 6 0 0 20 0 0 14 6 0 0 Totals 222 69 0 0 245 S 0 188 57 0 0 DEMOCRATIC PARTY Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct�7 Pct 8 Pct 9 TOTAL Totai Reg Voters 2051 2376 2069 2347 2333 2346 2286 2162 2154 20124 Total Registered Democrats 818 1069 802 957 889 967 909 850 806 8067 Total Votes 611 783 611 734 577 727 710 656 583 5992 Percent 30% 33% 30% 31% 25% 31% 31% 30% 27% 30% Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL SENATOR IN CONGRESS JOHN F KERRY 510 665 543 618 496 617 619 563 507 5138 ALL OTHERS 2 2 0 0 1 2 2 2 0 11 BLANKS 99 116 68 116 80 108 89 91 76 843 GOVERNOR THOMAS F. BIRMINGHAM 83 87 47 60 60 72 62 64 49 584 STEVEN GROSSMAN 2 1 0 3 1 1 3 0 1 12 SHANNON P. O'BRIEN 170 261 208 222 192 279 252 222 174 1980 ROBERT B. REICH 227 331 246 334 255 285 286 273 248 2485 �- -- WARREN E. TOLMAN 122 95 106 108 64 81 103 88 101 868 ALL OTHERS 0 0 0 1 0 0 0 1 0 2 BLANKS 7 8 4 6 5 9 4 8 10 61 LIEUTENANT GOVERNOR CHRISTOPHER F. GABRIELI 168 202 167 164 192 213 193 193 169 1661 LOIS G. PINES 238 294 267 i315 231 283 308 254 231 2421 JOHN P. SLATTERY 113 175 119 160 92 136 128 128 114 1165 ALL OTHERS 0 0 0 0 0 0 0 0 0 0 BLANKS 92 112 58 95 62 95 81 81 69 745 ATTORNEY GENERAL THOMAS F. REILLY 447 563 440 490 431 521 506 458 430 4286 ALL OTHERS 1 1 0 2 0 1 1 0 0 6 BLANKS 163 219 171 242 146 205 203 198 153 1700 SECRETARY OF STATE WILLIAM FRANCIS GALVIN 412 507 403 454 386 480 441 425 404 3912 ALL OTHERS 9 1 0 1 0 0 0 0 0 3 BLANKS 198 275 208 279 191 247 269 231 179 2077 TREASURER � MICHAEL P. CAHILL 68 73 49 72 68 78 72 57 58 595 TIMOTHY P. CAHILL 137 137 130 128 107 129 134 132 119 1153 STEPHEN J. MURPHY 68 57 49 47 48 40 54 50 45 458 JAMES W. SEGEL 187 281 250 270 217 265 267 233 213 2183 ALL OTHERS 0 0 1 0 0 0 0 0 0 1 BLANKS 151 235 132 217 137 215 183 184 148 1602 14 6 September 17, 2002 State Primary, cont..... Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL AUDITOR A. JOSEPH DeNUCCI 367 447 348 412 358 417 384 367 342 3442 ALL OTHERS 2 1 1 2 0 0 2 0 0 8 BLANK 242 335 262 320 219 310 324 289 241 2542 REPR IN CONGRESS Seventh District EDWARD J. MARKEY 448 630 502 594 473 570 579 504 458 4758 JAMES O. HALL 90 79 64 74 56 88 75 92 57 675 '�� ALL OTHERS 0 0 0 0 0 0 0 0 0 0 J BLANKS 73 74 45 66 48 69 56 60 68 559 GOVERNOR'S COUNCIL Third District(3,8,9) . MARILYN M. PETITTO DEVANEY \ 313 \ 312 291 916 BLANKS.ERS \ 298\ 0 0 0 344 292 934 GOVERNOR'S COUNCIL Sixth District(1,2,4-7) MICHAEL J. CALLAHAN 329 388 \ 355 319 369 339 \ 2099 BLANKS ERS 2g1 395\ 379 258 358 370\ 1 2042 SEN IN GENERAL COURT Third District(3,8,9) SUSAN C. FARGO \ 458 \ 476 405 1339 BLANKS ERS \ 153\ 180 178 511� r--. SEN IN GENERAL COURT Fourth District(1,2,4-7) ROBERT A. HAVERN III 397 462 \ 432 371 457 423 \ 2542 BLANKS ERS 213 321�\ 301 206 269 287\ 3 1597 REP IN GENERAL COURT Ninth District(2,3,4) THOMAS M. STANLEY \ 400 340 I385 \ 1125 ALL OTHERS \ 3 2 1 \ 6 BLANKS \ 380 269 348\ 997 REP IN GENERAL COURT Fifteenth District(1,5-9) JAY R. KAUFMAN 458 \ 468 604 571 529 463 3093 ALL OTHERS 2\ 0 2 1 2 0 7 BLANKS 151, 110 121 138 125 120 765 DISTRICT ATTORNEY MARTHA COAKLEY 426 512 412 482 413 513 486 446 405 4095 ALL OTHERS 2 0 0 2 2 0 0 1 0 7 -� BLANKS 183 271 199 250 162 214 224 209 178 1890 I .� REGISTER OF PROBATE JOHN R. BUONOMO 187 233 182 207 178 181 193 190 185 1736 DIANE POULOS HARPELL 113 168 152 170 132 168 163 142 120 1328 ED McMAHON 83 61 53 56 49 63 56 58 55 534 ALL OTHERS 0 0 0 1 0 0 0 0 0 1 BLANKS 228 321 224 300 218 315 298 266 223 2393 ___ __ _ _ _ ___ _ __ _ � _ _ _ __ _ _ ___ _ . _ _ _ --- -----__ ______-- - September 17,2002 State Primary, cont..... 14 7 LIBERTARIAN PARTY Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL Total Reg Voters 2051 2376 2069 2347 2333 2346 2286 2162 2154 20124 Total Registered Libertarians 1 2 2 4 1 6 2 6 5 29 Total Votes 0 0 1 0 0 5 1 2 0 9 Percent 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL SENATOR IN CONGRESS � MICHAEL E. CLOUD 0 0 1 0 0 3 1 2 0 7 ALL OTHERS 0 0 0 0 0 0 0 0 0 0 BLANKS 0 0 0 0 0 2 0 0 0 2 GOVERNOR CARLA A. HOWELL 0 0 1 0 0 5 1 2 0 9 ALL OTHERS 0 0 0 0 0 0 0 0 0 0 BLANKS 0 0 0 0 0 0 0 0 0 0 LIEUTENANT GOV RICHARD P. AUCOIN 0 0 0 0 0 3 1 2 0 6 ALL OTHERS 0 0 0 0 0 . 0 0 0 0 0 BLANKS 0 0 1 0 0 2 0 0 0 3 ATTORNEY GENERAL NO NOMINATION AL�OTHERS 0 0 0 0 0 0 0 0 0 0 BLANKS . 0 0 1 0 0 5 1 2 0 9 i SECRETARY OF STATE . NO NOMINATION � ALL OTHERS 0 0 0 0 0 0 0 0 0 0 BLANKS 0 0 1 0 0 5 1 2 0 9 TREASURER NO NOMINATION ALL OTHERS 0 0 0 0 0 0 0 0 0 0 BLANKS 0 0 1 � 0 5 1 2 0 9 AUDITOR KAMAL JAIN 0 0 1 0 0 2 0 2 0 5 ALLOTHERS 0 0 0 0 0 0 0 0 0 0 BLANKS 0 0 0 0 0 3 1 0 0 4 REP IN CONGRESS Seventh District NO NOMINATION A�L OTHERS 0 0 0 0 0 0 0 0 0 0 BLANKS 0 0 1 0 0 5 1 2 0 9 GOVERNOR'S COUNCIL � Third Dist(3,8,9) I NO NOMINAT/ON \ \ ` ALL OTHERS \ 0 \ 0 0 BLANKS \ 1 2 3 \ GOVERNOR'S COUNCIL Sixth Dist(1,2,4-7) NO NOMINATION � \ ALL OTHERS 0 0 0 0 0 0 \ 0 BLANKS 0 0\ 0 0 5 1\ 6 1 � " September 17, 2002 State Primary,cont..... Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL SEN IN GENERAL COURT Third Dist(3,8,9) \ NO NOMINATION \ \ BLANKS ERS \ �\ 2 0 3 SEN IN GENERAL COURT Fourth Dist(1,2,4-7) �_� NO NOM/NATION \ \ O � ALL OTHERS 0 0 \ 0 0 0 0 BLANKS 0 0\ 0 0 5 1\ 6 � \ REP IN GENERAL COURT Ninth Dist(2,3,4) . NO NOMINAT/ON \ BLANKS ERS \ 0� 0 0�\ 0 REP IN GENERAL COURT Fifteenth Dist(1,5-9) NO NOMINATION \ ALL OTHERS 0 \ 0 0 0 0 0 0 BLANKS 0\ 0 5 1 2 0 8 DISTRICT ATTORNEY NO NOMINATION ALL OTHERS 0 0 0 0 0 0 0 0 0 0 BLANKS 0 0 1 0 0 5 1 2 0 9 REGISTER OF PROBATE '� NO NOMINATION ALL OTHERS 0 0 0 0 0 0 0 0 0 0 ,—% BLANKS 0 0 1 0 0 5 1 2 0 9 REPUBLICAN PARTY Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL Total Reg Voters 2051 2376 2069 234� 2333 2346 2286 2162 2154 20124 Total Registered Republicans 305 266 314 328 432 366 329 333 289 2962 Total Votes 181 183 168 160 214 263 181 203 178 1731 Percent 9% 8% 8% 7% 9% 11% 8% 9% 8% 9% Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL SENATOR IN CONGRESS JACK E. ROBINSON 4 4 2 2 2 2 1 3 0 20 ALL OTHERS 1 2 2 1 1 1 7 2 1 18 BLANKS 175 177 164 157 211 260 173 198 177 1692 GOVERNOR MITT ROMNEY 161 163 147 147 183 241 147 174 159 1522 ALL OTHERS 2 2 1 0 3 'i 4 3 0 16 �'I BLANKS 18 18 20 13 28 21 30 26 19 193 I LIEUTENANT GOV KERRY MURPHY HEALY 117 121 111 107 130 170 113 124 99 1092 JIM RAPPAPORT 62 60 53 52 77 92 64 76 75 611 ALL OTHERS 0 0 0 0 0 0 2 0 0 2 BLANKS 2 2 4 1 7 1 2 3 4 26 _ _ _ _ ____ _ _ _ _ _ ___ _ ___ _ _ __ _ __ __ __ _._ . 1 September 17,2002 State Primary, cont..... 14 9 : Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL ATTORNEY GENERAL NO NOMINATION ALL OTHERS 1 0 0 0 0 0 0 1 1 3 BLANKS 180 183 168 160 214 263 181 202 177 1728 SECRETARY OF STATE JACK E. ROBINSON 77 73 84 73 93 123 66 80 82 751 ALL OTHERS 0 1 0 0 0 0 0 0 0 1 BLANKS 104 109 84 87 121 140 115 123 96 979 '- TREASURER DANIEL A. GRABAUSKAS 71 76 68 63 85 99 67 68 67 664 BRUCE A. HERZFELDER 71 55 61 58 74 119 62 82 68 650 ALL OTHERS 1 0 0 0 0 0 0 0 0 1 BLANKS 38 52 39 39 55 45 52 53 43 416 AUDITOR � NO NOMINATION ALL OTHERS 0 0 0 0 1 0 0 1 0 2 BLANKS 181 183 168 160 213 263 181 202 178 1729 REP IN CONGRESS NO NOMINATION ALL OTHERS 0 0 0 0 1 1 4 1 2 9 BLANKS 181 183 168 160 213 262 177 202 176 1722 GOVERNOR'S COUNCIL � Third Dist(3,8,9) NO NOMINATION BLANKS ERS \\\\\\ 168\\\\\\\\\\\\\\` 203 178 549 � GOVERNOR'S COUNCIL Sixth Dist(1,2,4-7) NO NOMlNATION ALL OTHERS 0 0\� 0 1 1 0 \ 2 BLANKS 181 183 160 213 262 181\\\\\ 1180 SEN IN GENERAL COURT I Third Dist(3,8,9) NO NOMINATION BLANKS ERS \\\\\ 168\\\\\\\\\\\\\\ 203 178 549 SEN IN GENERAL COURT Fourth District(1,2,4-7) NO NOMINATION BLANKS ERS 18� 182\\ 160 213 263 180\\\\\\ 1180 \ r-- REP IN GENERAL COURT I Ninth Dist(2,3,4) NO NOMINATION BLANKS ERS \\ 183 168 160\\\\\ \ 510 \\\\\\\\\\\\\\ REP IN GENERAL COURT Fifteenth Dist(1,5-9) NO NOMINATION BLANKS ERS 18�\\ \ 213 263 181� 202 0 2 \\\\\\\ 178 1218 15 0 September 17, 2002 State Primary, cont..... Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL DISTRICT ATTORNEY NO NOMINATION ALL OTHERS 0 0 0 0 0 0 0 0 1 1 BLANKS 181 183 168 160 214 263 181 203 177 1730 REGISTER OF PROBATE JOHN W. LAMBERT 99 95 87 96 116 162 79 99 85 918 ALL OTHERS 0 0 1 0 0 0 0 0 0 1 BLANKS 82 88 80 64 98 101 102 104 93 812 ;� i 1 �` MASSACHUSETTS GREEN PARTY Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL Total Reg Voters 2051 2376 2069 2347 2333 2346 2286 2162 2154 20124 Totai Registered Mass. Green 0 8 0 3 5 2 2 2 4 26 Total Votes 0 5 0 4 0 1 0 1 0 11 Percent 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL SENATOR IN CONGRESS NO NOM/NATION ALL OTHERS 0 0 0 0 0 0 0 0 0 0 BLANKS 0 5 0 4 0 1 0 1 0 11 GOVERNOR JILL E. STEIN 0 5 0 4 0 1 0 1 0 11 ALL OTHERS 0 0 0 0 0 BLANKS 0 0 0 0 0 0 0 0 0 0 LIEUTENANT GOV --�� ANTHONY F. LORENZEN 0 4 0 4 0 1 0 1 0 10 ALL OTHERS 0 0 0 0 0 0 0 0 0 0 ; � BLANKS 0 1 0 0 0 0 0 0 0 1 ATTORNEY GENERAL NO NOMINATION ALL OTHERS 0 0 0 0 0 0 0 0 0 0 BLANKS 0 5 0 �4 0 1 0 1 0 11 I SECRETARY OF STATE NO NOMINATION ALL OTHERS 0 0 0 0 0 0 0 0 0 0 BLANKS 0 5 0 4 0 1 0 1 0 11 TREASURER JAMES O'KEEFE 0 4 0 4 0 1 0 1 0 10 ALL OTHERS 0 0 0 0 0 0 0 0 0 0 BLANKS 0 1 0 0 0 - 0 0 0 0 1 AUDITOR NO NOMINATION r__� ALL OTHERS 0 0 0 0 0 0 0 0 0 0 BLANKS 0 5 0 4 0 1 0 1 0 11 REP IN CONGRESS Seventh District NO NOMINATION ALL OTHERS 0 0 0 0 0 0 0 0 0 0 BLANKS 0 5 0 4 0 1 0 1 0 11 _ T - _ _ __ _ - - -- _. ___ _----_ September 17, 2002 State Primary,cont..... 151 .� Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL GOVERNOR'S COUNCIL Third Dist(3,8,9) \ NO NOMINATION \ \ BLA KS ERS \ O\ 0 O 0 GOVERNOR'S COUNCIL Sixth Dist(1,2,4-7) � NO NOM/NATION \ \ ALL OTHERS 0 0\ 0 0 0 0\ 0 ` - BLANKS 0 5 4 0 1 0, 10 SEN IN GENERAL COURT Third Dist(3,8,9) NO NOM/NATION \ \ ALL OTHERS \ 0 0 0 0 BLANKS. 0\ 1 0 1 SEN IN GENERAL COURT Fourth Dist(1,2,4-7) NO NOMINATION \ \ ALL OTHERS 0 0 0 0 0 0 \ 0 BLANKS �0 5\ 4 0 1 0\ 10 REP IN GENERAL COURT Ninth Dist(2,3,4) NO NOMINATION \ \ ALL OTHERS \ 0 0 0\ p BLANKS 5 0 4 g � REP IN GENERAL COURT _ ._ Fifteenth Dist(1,5 9) NO NOMINATION \ ALLOTHERS 0\ 0 0 0 0 0 0 BLANKS 0 0 1 0 1 0 2 DISTRICT ATTORNEY NO NOMINATION ALL OTHERS 0 0 0 � 0 0 0 0 0 0 0 BLANKS 0 5 0 4 0 1 0 1 0 11 REGISTER OF PROBATE . NO NOMINATION ALL OTHERS 0 0 0 0 0 0 0 0 0 0 BLANKS 0 5 0 4 0 1 0 1 0 11 A true copy. ' Attest: �'�`��-- Donna M. Hooper, To Clerk �. _. 152 STATE ELECTION TUESDAY,.NOVEMBER 5,2002 (Warrant for State Election-See WARRANT FILE) In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Tuesday,November 5,2002 at 7:00 a.m. The following places were designated as the voting places for the various precincts: Precinct One, Harrington School; Precinct Two, Bowman School; Precinct Three, Clarke Middle School; Precinct Four, Bridge School; Precinct Five, Fiske School; Precinct Six, Diamond Middle School; Precinct Seven, Estabrook School, Precinct Eight, Fire Headquarters Building; Precinct Nine, Hastings --�I School. i � � The election officers and Wardens of the various precincts were assigned for duty as follows: � Precinct One Precinct Two U Richard Pemberton Warden D Rebecca Fagan D Margaret Blouin Clerk U Dorothy Bond D Mildred Collentro Inspector U Robert Bennett II U Martha Shurtleff (am) Inspector U JoAnn Eurich U Doris Pemberton Inspector D Elizabeth McLaughlin D Arline Burns (am) Inspector U Clifford Pehrson D Jeannette Cerulli lnspector U Lillian MacArthur (am) D Eileen McAlduff(pm) Inspector R Shirley Knox U Barry Sampson Inspector U Susanne Hays D Robert Blouin Inspector D Leonora Feeney (pm) R Hazel Allison Inspector Precinct Three Precinct Four U David Kanter Warden D Gulli Kula U Faith Fenske Clerk U Grace Ayers U Laura Welby (pm) Inspector U Beverly Aker D Rita Casey Inspector R Dana Regillo D Samuel Berman (pm) Inspector R Raymond Flynn (am) D Maarib Bazzaz Inspector U Mary Devoe D M.Elinor Greenway Inspector U Doris Berkstresser U Alice Hopkins Inspector U Eleanor Smith D Robert Tracey Inspector U Elizabeth Fleming (pm) � D Mary Ann McKenna(am) Inspector R Gladys Snyder D Francine Edwards (am) Inspector � i U Lillian Drury (pm) Inspector --�' Precinct Five Precinct Six D Eric Kula Warden R Dorothy Boggia U Norman Cohen Clerk U Harriet Morrison D Mary Connor ('/day) Inspector U Alla Fedus D Henry Beerman Inspector D E.Ashley Rooney (am) U Donna Keane Inspector R William Simmons D Priscilla Winter Inspector � D Jane Gharibian (am) U Linda Cohen Inspector D Catherine Rego R Marilyn Ford Inspector D Hazel Graham R Robert Edwards Inspector R Barbara Simmons R Dorothy Gauthier (pm) Inspector R Burton Smith (pm) Ynspector R D.Peter Lund (am) Inspector R Shirley Bullock (pm) Precinct Seven Precinct Ei�ht D Gerald Abegg Warden U Leo Chudigian U Bernice Gerrig Clerk U Judith Chudigian D Robert Greenway Inspector D Phyllis E.Richardson D Edna Holloran Inspector U Ann R.Diamond D William Johansen Inspector D Maureen A.Brown D Alice Pierce Inspector U Claire Abernathy (am) U Sylvia Haroules (am) Inspector R Elinor Bettencourt R Isabelle Bennett Inspector R � Doris Barclay D Mary Ayvazian Inspector D Barbara Perrotta `-� D Nancy Hubert (pm) Inspector U Audrey H.Hosford (pm) I D H.Charlotte Ford Inspector � Precinct Nine "'� U D�ncan MacQueen Warden U John Taylor Clerk D Robert Ryan Inspector U Gertrude Faye Cullinane (am) R Janet Lowther Inspector D Helen Cravis (am) U Judith Schuler Inspector U Clark Schuler D Edith Paster (pm) Inspector U Carole Butler (pm) D Judith O'Leary (pm) Inspector U Anne Taylor (am) R Carole Scalise (am) Inspector __ -- _ _ _ _ _ _ _ _ __ _ ---_ _ - -- - __ _ _ -___ _ 1 __ _ November S,2002 State Election, cont........... 15 3 Election officers were sworn to the faithful performance of their�duties. The polls were declared open in each precinct at seven o'clock A.M. and remained open until eight dclock P.M., at which time,after due notice,the polls were declared closed. The total number of registered voters in each precinct eligible to vote as of October 16,2002: Precinct Registered Democrat Libertarian Mass. Republican Unenrolled Other Voters Green 1 2079 822 2 0 302 952 1 2 2422 1076 3 9 260 1072 2 r— 3 2105 796 3 0 315 989 2 � 4 2369 956 4 4 329 1073 3 5 2350 888 1 5 424 1029 3 � � 6 2368 968 6 3 372 1014 5 7 2320 918 2 2 328 1066 4 8 2179 849 5 2 334 986 3 9 2186 805 5 4 290 1080 2 Totals 20378 8078 31 29 2954 9261 25 P.1- 1 Inter. 3`� Party; P.2—2 Inter. 3�d Party,; P3 — 1 Inter. 3`d Party, 1 Socialist; P.4—2 Inter. 3`d Party, 1 Socialist; P.5 .2 Inter. 3`� Party, 1 Reform; P.6 — 1 Inter. 3`d Party, 2 Socialist, 1 Reform, 1 American Independent;P.7 — 3Inter. 3rd PaTty, 1 Reform,; P.8 — 1 Green Party USA, 1 American Independent; P.9 - 2 Green Party USA Recap sheets were delivered to the Town Clerk at the Town Office Building. 72%of the registered voters cast their vote. The Town Clerk canvassed the results. ABSENTEE BALLOT BREAKDOWN Ballots Ballots Precinc Applications Timely Late Ballots Ballots t Processed Return Return Rejected Counted TOTAL TOTAL TOTAL 1 80 72 2 0 72 2 112 98 3. 0 98 3 120 109 6 1 109 4 130 120 3 1 120 5 106 86 5 0 86 _ 6 115 93 4 0 93 7 103 91 5 1 91 8 69 60 2 1 60 9 63 56 0 0 56 Totals 898 785 30 4 785 Pct 1 Pct 2 Pct 3 PCt 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL Total Reg Voters 2079 2422 2105 2369 2350. 2368 2320 2179 2186 20378 TotalVotes 1441 1785 1470 1743 1640 1754 1715 1628 1534 14710 Percent 69% 74% 70% 74% 70% 74% 74% 75% 70% 72% - Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL SENATOR IN CONGRESS JOHN F KERRY(D) 1031 1314 1036 1293 1176 1249 1277 1172 1102 10650 MICHAEL E. CLOUD (L) 223 208 207 256 261 257 235 261 243 2151 RANDALL CAROLINE FORSBERG(D) 43 98 68 41 31 45 40 49 44 459 ALL OTHERS 2 9 2 4 6 10 3 2 1 39 BLANKS 142 156 157 149 166 193 160 144 144 1411 GOVERNOR/LT GOV HOWELL and AUCOIN (L) 8 8 10 4 14 9 16 13 7 89 _ O'BRIEN and GABRIELI (D) 688 931 739 920 777 828 919 824 734 7360 ROMNEY and HEALEY(R ) 650 674 635 687 747 820 661 690 698 6262 STEIN and LORENZEN (G) 87 154 74 116 86 88 105 93 83 886 JOHNSON and SCHEBEL(I) 2 3 3 5 3 2 3 1 3 25 ALL OTHERS 1 0 0 0 1 0 2 0 1 5 BLANKS 5 15 9 11 12 7 g 7 g 83 15 4 November 5,2002 State E[ection, cont..........e Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL ATTORNEY GENERAL THOMAS F. REILLY(D) 1037 1316 1061 1248 1182 1202 1260 1131 1086 10523 ALL OTHERS 4 14 3 8 8 2 4 4 8 55 BLANKS 400 455 406 487 450 550 451 493 440 4132 SECRETARY OF STATE WILLIAM FRANCIS GALVIN (D) 993 1290 1028 1212 1102 1171 1250 1104 1039 10189 JACK E. ROBINSON, III (R) 298 279 298 338 357 354 302 330 334 2890 _--, ALL OTHERS 1 0 1 1 0 0 1 0 2 6 ` BLANKS 149 216 143 192 181 229 162 194 159 1625 � TREASURER TIMOTHY P. CAHILL(D) 620 859 654 764 697 706 790 735 670 6495 DANIEL A. GRABAUSKAS (R) 580 601 600 680 699 774 663 603 610 5810 JAMES O'KEEFE(G ) 119 172 99 151 105 113 122 134 114 1129 ALL OTHERS 0 0 0 0 1 0 0 0 2 3 BLANKS 122 153 117 148 138 161 140 156 138 1273 AUDITOR A. JOSEPH DeNUCCI (D) 940 1215 960 1120 1062 1095 1104 1037 961 9494 KAMAL JAIN (L) 93 92 82 106 85 118 113 98 110 897 JOHN JAMES XENAKIS(I) � 172 169 166 181 185 196 173 175 191 1608 ALL OTHERS 0 1 0 1 0 0 0 0 0 2 BLANK 236 308 262 335 308 345 325 318 272 2709 REPR IN CONGRESS Seventh District EDWARD J. MARKEY(D) 1026 1327 1070 1266 1167 1215 1277 1137 1125 10610 DANIEL MELNECHUK(J) 5 41 5 8 10 1 5 12 6 93 ALL OTHERS 3 15 6 11 6 11 10 15 9 86 BLANKS . 407 402 389 458 457 527 423 464 394 3921 �- GOVERNOR'S COUNCIL Third District(3,8,9) MARILYN M. PETITT�DEVANEY(D) \ 872 � \ 895 888 2655 ALL OTHERS \ \\ 5 6 14 BLANKS 595 728 640 1963 GOVERNOR'S COUNCIL Sixth District(1,2,4-7) ' MICHAEL J. CALLAHAN (D) 876 1100\ 1018 991 989 1028 \ 6002 ALL OTHERS 3 1\ 2 4 3 4 17 \ BLANKS 562 684\ 723 645 762 683\ 4059 \ SEN IN GENERAL COURT Third District(3,8,9) SUSAN C. FARGO(D) \ 1022 \ 1085 1037 3144 ALL OTHERS \ 4\ 4 7 15 BLANKS 444 539 490 1473 SEN IN GENERAL COURT Fourth District(1,2,4-7) ROBERT A. HAVERN III (D) 936 1165\ 1085 1028 1067 1111 \ 6392 ---� ALL OTHERS 2 2 2 6 5 3 \ 20 \ l \ BLANKS 503 618\ 656 606 682 601 3666 \ � J \ REP IN GENERAL COURT Ninth District(2,3,4) THOMAS M. STANLEY(D) \ 1115 929 1054 \ 3098 ALL OTHERS 30 14 23 \ g7 BLANKS \ 640 527 666� 1833 \ __ _ ___ _ _. _ _ _ . _ _ _ _ _ _ _ _ � __. November S,2002 State Election, cont........... 15 5 Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL REP IN GENERAL COURT Fifteenth District(1,5-9) JAY R. KAUFMAN (D) 950 \ 1096 1276 1289 1172 1116 6899 MICHAEL J. DEVER(U) 348 380 299 253 313 266 1859 ALL OTHERS 0\ 0 3 0 0 1 4 BLANKS 143. 164 176 173 143 151 950 DISTRICT ATTORNEY MARTHA COAKLEY(D) 1006 1279 1016 1205 1136 1197 1236 1100 1046 10221 ALL OTHERS 2 0 2 4 9 4 2 4 5 32 - BLANKS 433 506 452 534 495 553 477 524 483 4457 REGISTER OF PROBATE JOHN R. BUONOMO(D) 754 1003 760 893 844 846 895 803 760 7558 JOHN W. LAMBERT(R) 393 405 420 471 476 523 461 451 456 4056 ALL OTHERS 0 0 1 0 0 1 1 0 1 4 BLANKS 294 377 289 379 320 384 358 374 317 3092 QUESTION 1: � Eliminating State Personal Income Tax YES 505 470 436 468 601 567 493 501 486 4527 NO 853 1172 912 1133 944 1100 1118 1016 935 9183 Blanks 83 143 122 142 95 87 104 111 113 1000 QUESTION 2: English Language Education in Public Schools YES 841 803 787 871 947 984 876 849 875 7833 NO 535 859 577 714 616 680 769 709 603 6062 Bianks 65 123 106 158 77 90 70 70 56 815 QUESTION 3: � Taxpayer Funding for Political Campaigns YES 522 884 714 853 683 849 828 725 671 6729 NO 847 758 664 721 865 801 797 822 780 7055 Blanks 72 143 92 169 92 104 90 81 83 926 QUESTION 4: Clean Elections � YES \ 1184 972 1144 \ 3300 NO \ 374 314 338 1026 Blanks 227 184 261\ 672 Final vote totals include out-of-country absentee ballots counted by the Board of Registrars on November 16,2002. A true copy. � Attest: �� Donna M. Hooper,Tow Clerk � �. ._ 156 Christopher P. Busa, 21 Ewell Avenue;elected to a one-year term as Town Meeting Member from Precinct 9,to expire March 2003,removed from town and resigned from Town Meeting effective September 2,2002. Special Election—Precinct 9 Town Meeting December 16,2002 �� J A special election of Town Meeting Members of Precinct Nine was held on Monday, December 16,2002 at 7:30 p.m., Clarke Middle School,to elect a member to fill the unexpired one-year term ending March,2003 of Christopher P. Busa due to his removal from town. A quorum of 14 Precinct 9 Town Meeting Members was present. Meeting Chairman: Narain Bhatia Meeting Clerk: Rodney Cole The election was held by secret ballot, counted by the C�airman and Clerk. Results as follows: Victoria Lawrence Blier 13 Abstain 1 It is declared that Victoria Lawrence Blier,41 Shade Street, is elected to fill the unexpired one-year term of Christopher P. Busa, ending in March, 2003. Chairman /s/ Narain Bhatia Clerk /s/ Rodney Cole Dated: December 16, 2002 A true copy. Attest: r� j��'11/t'l,�'L '� �f Donna M. Hooper, Town Cl _ __ _ -- . :_____— _ ___ _ _ _ _ _ � __ _ _ __ _ __ _ _ ___ _ __ _ __ 157 SPECIAL TOWN MEETING December 16,2002� (See Warrant File for Warrant) Moderator Margery M. Battin called the Special Town Meeting of December 16, 2002 to order at 8:05 p.m. at the Clarke Middle School, 17 Stedman Road. A quorum of 163 Town Meeting Members was present. The Moderator requested members to sign in and be seated and offered opening comments. The Moderator appointed precinct clerks to serve as tellers and Paul Hamburger for members at-large. The Moderator reviewed procedures and rules of � - conduct. 8:13 p.m. Town Clerk,Donna M.Hooper,read the Warrant for the meeting until further reading was waived. The Town Clerk read the Consta.ble's Return of the Warrant. ARTICLE 1: REPORTS OF COMMITTEES 8:15 p.m. Town Manager Richard White reviewed proposed FY04 Budget Brief and sought comments from the members. 8:17 p.m. Deborah Brown moved the Report of the Appropriation Committee be Accepted and Placed on File. Following�a voice vote,the Moderator declared the Motion Adopted. ARTICLE 2: PAYT REIMBURSEMENT 8:17 p.m. Presented by Selectman Leo McSweeney. MOTION: That an amount not to exceed $327,000 of the amount appropriated under Line Item 3000 of Article 4 of the Warrant for the 2002 Annua.l Town Meeting may be used to reimburse residents in connection with the FY2002 pay-as-you-throw program, as determined by the Board � of Selectmen, and such refund program to include the following '� � restrictions: (1) per-household refund not to exceed$32.50; (2) refund period to last two months, ending no later than March 1, 2003; (3) bag tags issued free-of-charge will not be eligible for refund. Selectman McSweeney summarized the pay-as-you-throw program history and explained the proposed refund. Selectman McSweeney reported the Selectmen voted 4 in favor and 1 opposed to reimburse the citizens up to a maximum of$32.50 for tags and labels purchased, and summarized the impact of the pay-as-you-throw program on lowering the tax levy. Selectman Peter Enrich explained his intent to vote in support of the motion and urged support of the meeting to put the issue to rest. Selectman Dawn McKenna presented a minority report, addressed her difficulties with the proposed refund plan, and urged passage of the proposal as put forth. 8:31 p.m. Chairman Deborah Brown presented the Report of the Appropriation Committee, with a vote of 4 supporting and 5 opposir.g any refund, and outlined the Committee's rationale. 8:38 p.m. Appropriation Committee member Eric Michelson presented a Minority � - Report of the Appropriation Committee, stating 4 members did support some sort of refund to residents. 8:40 p.m. Ephraim Weiss,pr. 5, moved the following: AMENDMENT: Remove section(1) in its entirety. Mr. Weiss spoke against restrictions of the mairi motion and of the need to compensate for all purchases to be equitable. �� 1 � � December 16, 2002 Special Town Meeting 8:42 p.m. David Kanter,pr.7, inquired about the impact of the amendment if the total amount is not changed. Mr. Weiss responded. Mr. Kanter inquired about any legal requirement that the total amount be related to households. 8:44 p.m. Town Manager Richard White explained the authorization would be to expend to the gross amount, and that some residents would receive refunds and others may not. 8:44 p.m. Paul Chernick,pr.5, questioned the months Mr. Weiss intended be r- included for refund. Ephraim Weiss explained his intent is not to tell the Selectmen how to run the program. 8:46 p.m. George Burnell,pr.7, questioned any estimate of outstanding tags and liability should the cap be lifted. Town Manager Richard White reviewed available records for barrel label and tag purchases. 8:47 p.m. Elaine Dratch,pr.5, questioned the Appropriation Committee on revenue collected and maximum refund. Town Manager Richard White reviewed estimated fees coll'ected and sale of unused tonnage,tota.ling approximately$986,000. 8:49 p.m. Moderator Margery Battin declared a recess for the Appropriation Committee to caucus. � 9:03 p.m. Moderator Margery Battin declared the meeting back in session and Ephraim Weiss,pr.5, clarified his amendment language. 9:04 p.m. Deborah Brown reported the Appropriation Committee rejects Mr. Weiss's amendment and summarized some revenue collection data. 9:06 p.m. Selectman Leo McSweeney reported the Selectmen's opposition to Mr. Weiss' Amendment, on a vote of 4 opposed and 1 in favor. 9:06 p.m. Following a voice vote on Mr. Weiss' Amendment,the Moderator � declared the AMENDMENT NOT ADOPTED. ---� 9:07 p.m. Loren Wood,pr.3, spoke in favor of the main motion. 9:08 p.m. Neal Boyle,pr.7, questioned what would happen if the motion were to be defeated. 9:09 p.m. Selectman Leo McSweeney spoke on the need for a refund, and of his hopes that Town Meeting supports the majority of the Board of Selectmen. 9:11 p.m. Thomas Griffiths, pr.7, spoke in favor of the main motion. 9:13 p.m. Paul Lapointe,pr.2, spoke in opposition of the motion, stating he viewed the bigger picture calling for defeat. 9:15 p.m. James Barry, pr.l, spoke in favor and requested a roll call vote on the main motion. With insufficient members rising to support, a roll call was deemed by the Moderator to be not in order. 9:15 p.m. Patrick Mehr,pr.3, questioned the legal implications of compensation and possible financial liability. Selectman Peter Enrich saw no legal obligation and no precedent set. 9:18 p.m. Robert Rotberg,pr.3, spoke in opposition. 9:20 p.m. Paul Chernick, pr.6,prepared comments before moving the following: 9:23 p.m. AMENDMENT: The main motion be amended by adding to the end: The reimbursement to any household shall not be greater than(1) the household's payment for tags and labels under the pay-as-you-throw program minus (2)the reduction in the household's property tax due to the pay-as-you-throw program. Mr. Chernick spoke on the merits of the amendment and provided information compiled on program expenses. _ _ _ _ _ _ __ ___ __-_-- ---_ ___ _ ----- __ _ _ ___ _ _ _ � _ December 16, 2002 Special Town Meeting � � J 9:24 p.m. Selectman Leo McSweeney reported the Board of Selectmen's unanimous opposition. 9:25 p.m. Deborah Brown reported, on a vote 8 opposed and 1 abstention,the Appropriation Committee's opposition. 9:26 p.m. Following a voice vote on Mr. Chernick's amendment,the Moderator declared the Motion NOT ADOPTED. 9:26 p.m. Lorraine Fournier,pr.8, spoke in opposition. 9:28 p.m. Chazles Lamb,pr.4, spoke in favor. 9:29 p.m. Albert Zabin,pr.l, spoke in opposition. � 9:32 p.m. Rodney Cole,pr.9, called the question. _: Following a voice vote on the question to now be put,the Moderator declared the motion adopted,the question now before the membership, and three minutes left to the presenter. 9:33 p.m. Selectman Peter Enrich clarified a point made earlier on household qualification for refunds. 9:33 p.m. The Moderator called a standing vote on the MAIN MOTION as presented,tallied as follows: Precinct Yes , No 1 14 2 2 7 7 3 4 10 4 11 3 5 13 3 6 9 6 7 11 4 8 12 4 9 12 6 AL 8 4 � TOTAL 101 49 9:38 p.m. With 101 having voted in the affirmative and 49 in the negative,the Moderator declared the MAIN MOTION ADOPTED. 9:39 p.m. Selectman Leo McSweeney moved the December 16, 2002 Special Town Meeting be DISSOLVED. 9:39 p.m. Following a voice vote,the Moderator declared the MOTION ADOPTED. A true copy. Attest: � � Donna M. Hooper, Town lerk 160 SPECIAL TOWN MEETING January 22,2003 (See Warrant File for Warrant) Moderator Margery M. Battin called the Special Town Meeting of January 22,2003 to order at 8:34 p.m. at the Clarke Middle School, 17 Stedman Road. A quorum of 150 Town Meeting Members was present. The Moderator requested members to sign in and be seated and offered opening comments. The Moderator appointed precinct clerks to serve as tellers and Sheldon Spectoz for members at-large. The Moderator reviewed procedures and rules of conduct. r i 8:35 p.m. Town Clerk,Donna M.Hooper,read the Warrant for the meeting until further ""' reading was waived. The Town Clerk read the Constable's Return of the Warrant. ARTICLE 1: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES 8:40 p.m. Paul Hamburger moved the Report of the Appropriation Committee be � accepted and placed on file. Following a voice vote,the Moderator declared the motion adopted. Shirley Stolz moved the Report of the Capital Expenditures Committee be accepted and placed on file. Following a voice vote,the Moderator declared the motion unanimously adopted. ARTICLE 2: LINCOLN PARK ATHLETIC FIELD RECONSTRUCTION 8:42 p.m. Presented by Georgia Glick,pr.4 MOTION: That the Town Meeting request the Board of Selectmen to appoint an ad hoc committee, including, but not limited to, representatives from the Recreation Committee, Lincoln Park Committee, ,_�, Conservation Commission, School Committee, Design Advisory Committee, an independent landscape architect, and Lincoln Park J neighbors to review the plans for the Lincoln Park fields reconstruction, consider alternatives, and report to the Board of Selectmen within four weeks after the appointment of the committee with a recommendation. The Selectmen will direct the implementation of such changes as they see fit to protect the integrity of Lincoln Park,while reconstructing the athletic fields and parking lot and keeping the cost of the project within the � amount authorized by the debt exclusion vote of the town. 8:43 p.m. The Moderator recognized Lisa Baci,pr.4,who addressed the purpose of the motion. 8:49 p.m. The Moderator recognized Parker Hirtle, 62 Baskin Road, who addressed the differences between design layouts for the Park. 8:57 p.m. Recreation Committee Chairperson Sandra Shaw reported the Recreation Committee's opposition to the motion and outlined issues and process. 9:10 p.m. Selectman Chairman Leo McSweeney reported the unanimous opposition to the Boazd of Selectmen to the Motion, outlined process followed thus far, and explained the contractual process followed. ----, 9:13 p.m. Conservation Commission Vice Chairman Phil Hamilton reported the —.� Commission had taken no formal position on the Motion, explained the Commission had confirmed line of the wetlands and explained the Commission's role. Mr. Hamilton confirmed the Commission favors moving parking lots away from wetlands. 9:16 p.m. School Committee Chairman Scott Burson requested a 3-minute recess for the School Committee to caucus. The Moderator declared a recess. 9:19 p.m. The Moderator declared the meeting back to order and Mr. Burson reported 4-1 the School Committee opposes the motion, siating safety and accessibility concerns and the need for more fields. _ -- __ _- ----_ __ _ _. _ ----- -- --- ----_ _ __�---- -- ---__. _ _----- __ ___ ___ ___ January 22, 2003 Special Town Meeting � � � 9:21 p.m. Board of Health Chairperson Martha Wood requested the Moderator recognize Board member James Fearnside. Mr. Fearnside reported the Board of Health believes the synthetic turf proposed is most effective and recommends defeat of the motion. 9:24 p.m. The Moderator recognized Lynne Wilson of the Lincoln Street Subcommittee who spoke in favor of the motion. 9:29 p.m. Charles Hornig, pr.8, Capital Expenditures Committee,reported the Committee unanimously opposes the motion and of the belief it is inappropriate to � change the fundamental assumptions without bringing a new proposal to town meeting. L. _ 9:31 p.m. Paul Hamburger,Appropriation Committee Vice Chairman,reported the majority view of the Committee,the Committee's favoring further negotiations without impacting construction,within appropriation,by completion date, and 3 synthetic fields. 9:33 p.m. Alan Levine,pr.8, presented minority report for Appropriation Committee, with unanimous disapproval based upon anticipated motion which would have been major disruption to project. However,he views the motion this evening different from that of a week prior, and finds it palatable. Mr. Levine now supports this motion, with a chance for improvements. 9:35 p.m. Georgian Glick, pr.4, spoke in support of motion. 9:40 p.m. Anne Frymer,pr.8, questioned the Recreation Committee on berms. Patrick Maguire, Geller Sport, explained the berm length and height along Lincoln Street. 9:41 p.m. Peter Cohen,pr.6, spoke in opposition to the motion. ?:45 p.m. Sam Silverman,pr.5, questioned the impact of contract signing on possible future changes. 9:46 p.m. Town Manager Richard White explained financial implications would be dependent upon degree of changes. � 9:48 p.m. Sam Silverman,pr.5, questioned composition of group of proponents as well as proposed committee membership, and lack of finance committee representation. The Moderator explained the finance committee representation would be as liaison. 9:50 p.m. Andrew Friedlich,pr.5, spoke in support of motion. 9:52 p.m. William Erickson, 31 Sherman St., Lexington Youth Lacrosse, spoke in opposition to motion. 9:57 p.m. John Davies,pr.4, spoke in support of motion and of what he saw as new information being presented. 9:59 p.m. Selectman Dawn McKenna spoke in opposition. 10:03 p.m. Fred Martin,pr.7, questioned Town Manager Richard White on opportunity of petitioners to have input and be heard,without this motion, and Recreation Director Sandra Shaw on opportunity for citizens to voice design concerns. Town Manager Richard White explained the Town would continue to work with the petitioners. Chairman Sandra Shaw explained she saw adequate opportunity for interaction and that the Committee will continue discussions with petitioners. r--- � 10:07 p.m. Fred Martin,pr.7, questioned the Lincoln Street Subcommittee on its L opportunity to convey design input. Lynne Wilson, Lincoln Street Subcommittee, concurred that comments have been given but major changes have not happened. 10:08 p.m. Julian Bussgang, 2 Forest Street, spoke in support of motion. 10:11 p.m. John Rossi,pr.l, spoke in opposition�to motion. 10:13 p.m. Thomas Diaz,pr.2, spoke in support of motion. 10:16 p.m. David Kanter,pr.7, spoke in opposition to motion. 16 2 ,Q�cuary 22, 2003 Special Town Meeting 10:17 p.m. Patrick Mehr,pr.3, questioned berm measurements. Patrick Maguire, Geller Sports, confirmed measurements have been modified since issuance of bid. Mr. Mehr then questioned signing of the contract before this special town meeting, and Selectmen's position on Motion. Town Manager Richard White explained procedures generally followed, statutory limits, and deadlines established. Mr. White explained the synthetic vs. natural grass is the fundamental issue. 10:28 p.m. Alan Lazarus,pr.6, questioned the issue of communication and expressed an ambivalent yes to the motion. r�� 10:30 p.m. William Frawley,pr.3, spoke in opposition to the motion. 10:31 p.m. Carol Liff,pr.5, questioned Recreation Committee Chairperson Sandra Shaw on restroom facilities at Lincoln Park. 10:33 p.m. Robert Atchinson, 9 John Benson Road, spoke in opposition to the motion and reviewed the process followed for the Lincoln Field project. 10:38 p.m. Timothy Carruthers, 2 Lexington Avenue,Director of Lexington Youth Soccer, spoke in favor of infield turf. 10:44 p.m. Joel Adler,pr.l, Moved the Question now be put. Following a voice vote on the Question now being put, the Moderator declared the Motion Adopted and the Motion now before the membership, with 3 minutes left to the maker of the motion. 10:45 p.m. Georgia Glick,pr.4,yielded time to Lisa Baci. Ms. Baci explained the motion provided important issues�for cansideration. 10:47 p.m. Edith Sandy, pr.6, commented briefly. 10:48 p.m. Following a voice vote,the Moderator declared the Motion Not Adopted. With more than 20 doubting th�vote,the Moderator called for a standing ,f� vote,tallied as follows: J Precinct Yes No 1 2 13 2 5 9 3 6 8 4 8 8 5 6 7 6 8 9 7 2 11 8 11 5 9 5 9 AL 2 13 TOTAL 55 92 10:48 p.m. With 55 having voted in the affirmative and 92 in the negative, the Moderator declared the MOTION NOT ADOPTED. 10:49 p.m. Selectman Leo McSweeney moved the January 22, 2003 Special Town Meeting be DISSOLVED. . i 10:49 p.m. Following a voice vote,the Moderator declared the meeting DISSOLVED � A true copy. Attest: 1�� Donna M. Hooper, Town lerk --__ ._ __ __ _ _ _ - __ _ __ � 163 WARRANT FOR TOWN ELECTION —(SEE WARRANT FILE) TOWN ELECTION —MONDAY, MARCH 3, 2003 in pursuance of the foregoing warrant the legai voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Monday, March 3, 2003 at 7:00 a.m. The following places were designated as the voting places for the various precincts: Precinct One, Harrington School; Precinct Two, Bowman School; Precinct Three, Jonas Clarke Middle School; Precinct Four, Bridge School; Precinct Five, Fiske School; Precinct Six, William Diamond Middle School; Precinct Seven, Joseph Estabrook , School; Precinct Eight, Central Fire Station; Precinct Nine, Maria Hastings School -- The election officers and Wardens of the various precincts were assigned for duty as follows: Precinct One Precinct Two U Richard Pemberton Warden D Rebecca Fagan D Margaret Blouin Clerk U Dorothy Bond U Barry Sampson Inspector D Arlene Burns (AM) U Martha Shurtleff (AM) Inspector D Donna Alexson (PM) U Margaret Kelly (AM) Inspector D Susanne Hays U Doris Pemberton Inspector U Clifford Pehrson (PM) R Hazel Allison Inspector U Lillian MacArthur (AM) D Robert Blouin Inspector D Leonora Feeney (PM) D Eileen McAlduff (PM) Inspector D H. Charlotte Ford (PM) D Jeannette Cerulli Inspector D E. Ashley Rooney (AM) Inspector R D. Peter Lund (AM) Precinct Three Precinct Four U David Kanter Warden D Gulli Kula � U Faith Fenske Clerk U Robert Bennett D Maarib Bazzaz Inspector U Doris Berkstresser R Marilyn Ford (AM) Inspector R Dana Regillo U Lillian Drury (PM) Inspector U Beverly Aker D Robert Tracey Inspector R Raymond Flynn (AM) � U Alice Hopkins Inspector U Mary Devoe D M. Elinor Greenway Inspector R Gladys Snyder � _ D Rita Casey Inspector U Elizabeth Fleming ll Laura 1r'Velby (PM) Inspector U Audrey Hosford Precinct Five -- � Precinct Six D Eric Kula Warden R Dorothy Boggia U Norman Cohen Clerk U Harriett Morrison R Shirley Knox Inspector U Alla Fedus D Helen Cravis(AM) Inspector R Burton Smith �J i�aitlin Boudreau Inspector D Harriet Stettiner (PM) D Ftuth Thoenas(9-5) Inspector D Hazel Graham U Linda Cohen (9-3) Inspector R William Simmons D Henry Beerman Inspector R Barbara Simmons D Priscilla Winter Inspector R Shirley Bullock R Dorothy Gauthier (PM) Inspector U Alice Stringos Inspector Precinct Seven Precinct Eiqht D Alice Pierce Warden U Leo Chudigian U Bernice Gerrig Clerk U Judith Chudigian D William Johansen Inspector U Claire Abernathy D Susan Johansen (AM) Inspector R Doris Barclay (PM) D Mary Ayvazian � Inspector,, R Elinor Bettencourt D Edna Holloran Inspector U Rita Cassettari (PM) R Isabelle Bennett Inspector U Ann Diamond D Nancy Hubert (PM) Inspector D Francine Edwards (AM) D Robert Greenway Inspector D Maureen Brown � -- Inspector D John Ayvazian (PM) Inspector D Barbara Perrotta Precinct Nine U Clark Schuler Warden' U Grace Ayers Clerk D Robert Ryan Inspector D Edith Paster(PM) D Jane Gharibian (PM) Inspeetor U Anne Taylor(AM) U Judith Schuler Inspector R Robert Edwards U Carole Butler (AM) Inspector R Carol Scalise (AM) R Janet Lowther Inspector 1 6 4 March 3, 2003 Annual Town.Election, cont........ The election officers were sworn to the faithful performance of their duties. The polls were declared open in each precinct at seven o'clock A.M. and remained open until eight o'clock P.M., at which time, after due notice, the polls were declared closed. Total of 19,827 registered voters eligible to vote as of February 11, 2003: Pct. Registered Democrat Green Libertarian Republican Unenrolled Other* Voters 1 2009 804 1 289 915 2 2365 1047 11 3 260 1042 2 3 2035 775 3 299 956 2 4 2304 930 5 4 316 1047 2 5 2276 871 5 'i 414 982 3 --, 6 2327 951 2 6 363 1000 5 � 7 2255 897 3 2 319 1030 4 8 2141 832 3 5 320 978 3 9 2115 776 4 5 270 1058 2 Total 19827 7883 33 30 2850 9008 23 P.2—2lnter. Party,�P.3— 1 Inter. Party, 1 Socialist;P.4—1 Inter. Party, 1 Socialist;P.5— 2 Inter. 3"`'Party, 1 Reform; P.6— 2 Socialist, 1 Reform, 1 Infer. 3`d Party,1 American Ind.; P.7— 3/nter. 3'd Party,1 Reform,; P.8— 1 Green Party USA, 1 American /nd.,1 Inter. 3'd Party;. P.9—2 Green Party USA Election results were delivered to the Town Clerk at the Town Office Building. 27% of the registered voters cast their vote. The Town Clerk canvassed results as follows: ABSENTEE BALLOT BREAKDOWN Ballots Ballots Applications Timely Returned Ballots Pct Processed Returned Late/Undeliv Counted erable 1 18 15 1 15 2 31 27 , 1 27 3 21 18 0 18 4 35 33 0 33 5 43 38 2 38 6 50 48 0 48 � 7 26 23 0 23 � 8 30 27 2 27 9 16 15 1 � 15 Totals 270 244 7 244 TOWNWIDE OFFICES PCT 1 PCT 2 PCT 3 PCT 4 PCT 5 PCT 6 PCT 7 PCT 8 PCT 9 TOTAL TOTAL VOTERS 2009 2365 2035 2304 2276 2327 2255 2141 2115 19827 Total Votes 473 560 434 654 629 836 538 681 468 5273 Percent 24% 24% 21% 28% 28% 36% 24% 32% 22% 27% SELECTMAN Vote for ONE Three Years PCT 1 PCT 2 PCT 3 PCT 4 PCT 5 PCT 6 PCT 7 PCT 8 PCT 9 TOTAL *PETER C.J. KELLEY 363 440 313 507 460 652 431 494 342 4002 STEPHEN J.TRIPI 88 76 57 88 98 107 63 125 93 795 Catherine"Cath "Abbott 6 10 17 25 24 22 12 20 7 143 Peter Enrich 3 8 � 2 3 2 18 Andrew Friedlich 1 1 2 -- Patrick Mehr 2 2 I ALL OTFiERS 1 0 2 0 2 3 2 2 2 14 b„ BLANKS 15 34 42 23 44 50 27 40 22 297 MODERATOR Vote for ONE One Year PCT 1 PCT 2 PGT 3 PCT 4 PCT 5 PCT 6 PCT 7 PCT 8 RCT 9 TOTAL "MARGERY M. BATTIN 300 384 310 446 385 587 3�8 463 331 3604 John Carroll 2 2 William Daile 1 1 1 3 William Sir�nmons 2 2 ALL OTHERS 1 3 1 4 1 2 5 0 2 19 BLANKS 172 172 121 203 243 247 134 218 133 1643 ___ __ __ _ _ _ _ _ � --- _ _____ _ _ _ _ _ _ _ -. _ _ __ ___ March 3, 2003 Annual Town Elsction,cont........ 1' S 5 SCHOOL COMMITTEE Vote for TWO Three Years PCT 1 PCT 2 PCT 3 PCT 4 PCT 5. PCT 6 PCT 7 PCT 8 PCT 9 TOTAL '`SCOTT F.BURSON 230 290 248 369 298 393 278 334 217 2657 *HELEN L.COHEN 257 371 333 461 413 595 411 431 334 3606 ANN L.GILBERT 210 201 152 269 265 386 230 281 209 2203 Michael Bar 2 2 ALL.OTHERS 1 2 � 1 0 2 3 1 1 3 14 BLANKS 248 256 134 209 280 295 154 315 173 2064 PLANNING BOARD ote for ONE Three Years PCT 1 PCT 2 PCT 3 PCT 4 PCT 5 PCT 6 PCT 7 PCT 8 PCT 9 TOTAL *KARL P. KASTORF 224 312 244 355 315 443 306 347 272 2818 y Jeffre Cram ton . 1 2 3 Dan Ta lor 2 2 ALL OTHERS 1 0 1 2 1 1 1 1 1 9 BLANKS 248 248 189 297 310 390 231 333 195 2441 *Elected TOWN MEETING MEMBERS PRECINCT 1 (Seven for three ears) VOTES VOTES '`JOEL A.ADLER 220 *Loretta A. Moresco 170 'JEAN W. COLE 226 John F. M�allen III 141 *MARIA-ELENA KOSTORIZOS 165 "Diane Pursle 213 '`JANET Mot�N 195 Hen Si ourne , Jr. 109 PAUL G. TOPALIAN 133 *JUDITH L. ZABIN 214 ALL'OTHERS 3 Tem le D. Goodhue 147 BLANKS 1375 *elected for 3 years PRECINCT 2 (Seven for three ears; One for one year) VOTES VOTES "J. EUGENE BEAUCHEMIN 271 Richard Du 2f2 6 _ *MARIAN A.O. COHEN 270 Matthew S. Cohen 5 *MICHAEL J. O�SULLIVAN 276 Ma Lou Touart 2 *DONALD D.WILSON 330 Judith Boxer 2 *.1AMES S.WILSON 330 Ronald Goldner 2 *Dou las M. Lucente 297 Ben Goldstein 2 *Thomas G. Ta lor 286 **Bar Caouette 66 ALL OTHERS 0 Jennifer Vo elzan 26 BLANKS 2309 "elected for 3 years; ""elected for 1 year PRECINCT 3 (Seven for three years) VOTES VOTES "DARWIN P. ADAMS 238 Ben'amin J. Cohen 159 *SAMUEL BERMAN 277 Richard R. Eurich 81 *JACQUELINE B. DAVISON 282 *Reid E. Zurlo 169 *RICHARD L. NEUMEIER 230 Eva Kasell 2 DANIEL A. PION �29 *ROBERT ROTBERG 257 ALL OTHERS 4 *Nanc A. B ant 201 3L:AIVKS- 1009 '`elected for•3 years PRECINCT 4 (Seven for three ears; One for two years) VOTES VOTES *GLORIA J. BLOOM . 276 Jer L. Harris 135 *•TIMOTHY R. COUNIHAN 214 *Michael J. Marti netti 234 � *DAVID J. HARRIS 307 Ellen Jo McDonald 213 *PETER C. J. KELLEY 397 Roderick C. McNeil 139 "BARRIE PELTZ 282 Paul Miniutti 187 *Stace M. Cannon 221 Joan Zahka 180 Jonathan T. Cronin 148 '`Peter David Enrich 314 ALL OTHERS 2 Richard K. Fole 159 BLANKS. 1824 *elected for 3 years; *'�electec�for 2 years 1, S 6 March 3, 2003 Annual Town Election,,cont........ PRECINCT 5 (Seven for three ears) VOTES VOTES *DAVID E. BURNS 216 Richard F. McDonou h 134 *ELAINE DRATCH 312 James Michael McLau hlin 143 *JAMES M. SHAW 244 "Gerard T. Molone 238 "SAM SILVERMAN 262 Nanc Ann Ronchetti 175 � JED N. SNYDER 153 Matthew A.Thenen 138 Howard A. Brick 167 "Todd J. Cataldo 238 ALL OTHERS 2 Jeffre J. Cram ton 46 BLANKS 1667 "OI a P. Gutta 268 *elected for 3 years �- PRECINCT 6 (Seven for three years) VOTES VOTES '�"' '`BEBE H. FALLfCK 391 Ma dalena W. Himmel 334 "EDMUND C. GRANT 443 Gerald A. Lace 336 *JANE PAGETT 436 "Sheila M.Watson 462 *EDITH SANDY 404 '`SHELDON A. SPECTOR 362 ALL QTH�RS 3 John Austin 280 . LANKS 206� '`Eric H_ Carlson 338 #elected for 3 years PRECINCT 7 (Seven for three years) VOTES VOTES "MARSHA E. BAKER 307 '`Ann L. Gilbert 306 *STEVEN L. COLMAN 285 Pat Costello 2 *ROBERT G. COYNE 281 Phili Morse-Fortier 2 "FRED H. MARTIN 3OO '`JAMES C.WOOD, JR. 322 ALL OTHERS 10 '`ALAN A.WRIGLEY 290 BLANKS 1661 *elected for 3 years PRECINCT 8 (Seven forthree years) VOTES VOTES � *RICHARD H. BATTIN 320 Linda F. Moran 176 *LARRY N. BELVIN 257 '`Robert E. Phelan 315 *ANNE E. FRYMER 287 Richard D. Sandber 155 *INGRID H. KLIMOFF 271 Melinda M.Walker 204 *SHIRLEY H. STOLZ 226 Ste hen Tri I 2 *CAROLYN H. TIFFANY 298 Richard D. Beamon 225 ALL OTHERS 1 Jessica H. Lindle 157 BLANKS 1873 "elected for 3 years PRECINCT 9 (Seven for three years; One for one year) VOTES VOTES *NARAIN D. BHATIA 214 '`Helen L. .Cohen 289 *"VICTORIA LAWRENCE BLIER 194 �Timoth 6. Kre tak 107 '`RICHARD L. CANALE 224 *Janef H. Post 203 *SUSAN A. ELBERGER 212 Paul Dru 2 "JANET M. PERRY 259 *FRED D. ROSENBERG 234 MICHAEL E. SCHROEDER 132 ALL OTHERS 4 FRANCINE STIEGLITZ 154 BLANKS 1516 "elected for 3 years�elect d for 1 year A true copy. � � Attest: ��- Donn M. Hooper, Town CI rk Martin Long, 9 Franklin Road, resigned as a Town Meeting Member from Precinct 6 effective March 3, 2003. Gerald Lacey, 18 Meriam Street, received the highest number of votes as a defeated candidate for Town Meeting from Precinct Six at the March 3, 2003 Annual Town Election. As of March 7, 2003 Mr. Lacey's acceptance of the position to fill the vacancy caused by Mr. Long's resignation (exp. 2004) has been filed with the Town Clerk. This term will expire March 2004. Peter C.J. Kelley, 24 Forest Street, resigned as a Town Meeting Member from Precinct Four effective fv1arch 4, 2003. �s llllr. Kelley��Nas elected as Se!ect��ar� at th�".��nua8 Tawn Election held March 3, 2003, he is now a Town Meeting Member At-Large in accardance with Ct�a�ter 215, Section 3 of the Acts of 1929. Eflen Jo McDonal�J, 5Q Bridge�treP�, receeve�+ the highest number of votes as a defeated candidate for Town Meetina fr�m Prec�r:�t FaJr at tl��,�arch 3, 2003 Annual Town Election. As of March 7, 2003 Ms. McDonald's acceptance of the position to fill the vacancy caused by the resignation of Peter C. J. Kelley(exp. 2006), has been filed with the Town Clerk. This term will expire March 2004. _ __ _ . _ _ ___ ___- _ � _ _ __ __ _ _ _. _ _ . _ _----- ___ _ _ _ I 167 Donald A. Chisholm, 166 Lincoln Street, resigned as a Town Meeting Member from Precinct 9 effective March 20, 2003. Francine Stieglitz, 3 Amherst Street, received - the highest number of votes as a defeated candidate for Town Meeting from Precinct 9 at the March 3, 2003 Annual Town Election. As of March 24, 2003 Ms. Stieglitz's acceptance of the position to fill the vacancy caused by Mr. Chisholm's resignation (exp. 2005) has been filed with the Town Clerk. This term will expire March 2004. � �� _... 168 2003 ANNUAL TOWN MEETING March 24,2003 (See Warrant File for Warrant) The first session of the 2003 Annual Town Meeting was called to order by Moderator Margery M. Battin, at 8:00 p.m., at the National Heritage Museum, 33 Marrett Road. A quorum of 181 members was present. The Lexington Minutemen, accompanied by the Fife and Drum corps of Diamond Middle School,posted the colors. The invocation was offered by Reverend Judith Brain,Pilgrim Congregational Church. � � The Moderator honored deceased Town Meeting members Sheila Clemon-Karp, Lloyd Taylor, James Nicoloro and Francis H. McCarron for their dedicated service to the Town of Lexington. Fire Chief Peter Torode reviewed procedures for emergency exit from the auditorium. Town Clerk Donna M. Hooper read the Warrant for the Meeting until waived. The Town Clerk read the Constable's Return of the Warrant. The Moderator reviewed procedural matters and explained anticipated Article order and reports to be made to the meeting. The Moderator declared the meeting open under Article 2 and would be so during the duration of the meeting. ARTICLE 2: REPORTS OF TOWN BOARDS, OFFICERS,COMMITTEES 8:27 p.m. Arthur Katz, Committee on Cary Lecture moved: MOTION: That the report of the Committee on Cary Lectures be accepted and placed on file and the Committee discharged. MOTION iTNANIMOUSLY ADOPTED. 8:30 p.m. Board of Selectmen Chairman Leo McSweeney moved: MOTION: That the report of the Town Manager be accepted and placed on file. Town Manager Richard J. White presented the Report of the Town Manager. MOTION UNANIMOUSLY. 8:48 p.m. Deborah Brown, Chairman, Appropriation Committee, moved: MOTION: That the report of the Appropriation Committee be accepted and placed on file. Following Ms. Brown's presentation of the report, committee member Alan Levine commented further. MOTION UNANIMOUSLY ADOPTED. ARTICLE 3: APPOINTMENTS TO CARY LECTURE SERIES 9:09 p.m. Arthur Katz, Cary Lecture Series, moved: 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. MOTION UNANIMOUSLY ADOPTED. __ ___ ____ _ __ _ _ __ __ _ _ _ _ ___ I __ _ --- wn Meetin —Marcli 24,2003 cont... � � � 2003 Annual To g ARTICLE 4: OPERATING BUDGET 9:11 p.m. Board of Selectman Chairman Leo McSweeney, moved: MOTION: That the following amounts be appropriated for the ensuing fiscal year and be raised in the tax levy except where a transfer is indicated they shall be provided by such a transfer: Moderator Margery Battin read individual line items, as follows: Education 1100 Lexington Public Schools $65,379,454 (Provided,however,that $2,592,000 of the appropriation�is contingent � upon the approval of an override question appearing on the ballot for the Spring 2003 special election.) (And further that the School Department is authorized to enter into equipment lease/purchase agreements from time to time provided that each such agreement is subject to annual appropriations.) 9:12 p.m. School Committee Chairman Scott Burson requested the Moderator recognize Superintendent Joanne Benton for an overview of the FY04 school department budget. Mrs. Benton reviewed requested funding. ([ine item to be discussed as last item in Article 4) 1200 Minuteman Regional School 840,431 Minuteman Regional School District Assessment based on a Minuteman Regional School District budget of$15,443,465 as reduced by estimated fiscal 2004 state aid relating to such budget. Emplovee Benefits 2110 Contributory Retirement 2,994,000 (Of which $65,762 is to be transferred from the Water Enterprise Fund and $16,441 is to be transferred from the Sewer Enterprise Fund.) 2120 Non-Contributory Retirement 123,000 2130-2150 Insurance 4,406,510 (Of which $91,388 is to be transferred from the Water Enterprise Fund, $52,888 is to be transferred from the Sewer Enterprise Fund and $22,000 is to be t�ansferred from the Recreation Enterprise Fund.) (and further that amounts appropriated in this article for employee health and life insurance shall be transferred to this account to fund cost items (a) included in collective bargaining agreements reached between the Town and employee organizations and(b)resulting from such agreements as they bear on the Town employee compensation plan.) (Provided, however, that the total appropriation shall be increased by$431,224 for unemployment compensation insurance should the override fail.) Debt Service 2210 Payment on Funded Debt 3,253,000 (Of which $15,000 is to be transferred from receipts reserved for appropriation.) 2220 Interest on Funded Debt 547,957 2230 Temporary Borrowing 275,000 2240 Exempt Debt 4,289,338 (Of which$100,000 is to be transferred from the Recreation Enterprise Fund.) Operating Articles - 2310 Reserve Fund 150,000 -- 2320 Municipal Salary Adjustments 185,810 (Sueh sum of$185,810 is appropriated to fund cost items as they bear on the Town employee wage and salary plan. The amount voted is to be distributed among personal services accounts as authorized by the Board of Selectmen.) . (Of which $2,029 is to be transferred from the Water Enterprise Fund and $1,791 is to be transferred from the Sewer Enterprise Fund.) Organizational Expenses 2410 Municipal Services &Expenses Personal Services 43,576 2410 Municipal Services &Expenses 97,400 170 2003 Annual Town Meeting—Marc/i 24,2003 cont... Community Services 3000 DPW Personal Services 3,059,588 (Of which $262,613 is to be transferred from the Water Enterprise Fund, $262,613 is to be transferred from the Sewer Enterprise Fund, $100,000 is to be transferred from the Cemetery Trust Funds and $75,000 is to be transferred from the Recreation Enterprise Fund.) (Provided, however, that $178,541 of the appropriation is contingent upon the approval of an override question appearing on the ballot for the Spring 2003 special election.) , 9:34 p.m. Appropriation Committee Chairman Deborah Brown moved: AMENDED MOTION: Line Item 3000 DPW Personal Services be amended by changing the figure$3,059,588 to $3,052,188. Ms. Brown explained a majority of the Appropriation Committee opposes the $7,400 restoration by the Board of Selectmen for weekend landfill operations; the amendment seeks to remove such funding. Selectman Leo McSweeney reported on a vote of 4-1, the Board of Selectmen opposes the amendment. Results of the standing vote on Ms. Brown's amended motion-line item 3000 Personal Services: Precinct Yes No 1 7 9 2 5 10 3 11 6 4 16 2 5 11 2 6 11 6 7 12 5 8 11 7 � 9 12 4 At Lar e 8 8 TOTAL 104 59 9:44 p.m. The Moderator declared with 104 voting in the affirtnative and 59 in the negative, the AMENDMENT ADOPTED. 3000 DPW General Expenses 4,153,397 (Of which $191,000 is to be transferred from the Water Enterprise Fund, and $191,000 is to be transferred from the Sewer Enterprise Fund; and provided further that the Town Manager may enter into an agreement or agreements with one or more governmental units to perform jointly with such units any service, activity or undertaking authorized by law.) (Provided,however, that $204,000 of the appropriation is contingent upon the approval of an override question appearing on the ballot for the Spring 2003 special election.) (And further that the Town Manager is authorized to enter into communications equipment agreements, equipment lease/purchase agreements from time to time provided that each such agreement is subject to annual appropriations.) (And in addition that$85,000 of expenses for the sale of burial containers, biodegradable bags and compost/recycling product be funded by the receipt of$85,000 in anticipated revenues, and that the surplus from FY2002 in the amount of$40,179.50 may be closed to the General � Fund.) (And m addition State/Federal Grants, site generated revenue and/or refuse —+ stabilization funds as permitted under existing agreements may be used to meet Division of Environmental Protection guidelines at the Hartwell Avenue landfill site.) (And to permit the Town to enter into agreements with either private or public entities in order to enhance public services, increase revenue, improve efficiency, or save money to the benefit of the Town.) __--- ___- --- -- __ _ _ _ _ _ -- _ __ -- -- _ _ _ _ � 2003Annual Town Meeting—March 24,2003 cont... i � i '� - 9:46 p.m. Appropriation Committee Chairman Deborah Brown moved: AMENDED MOTION: Line Item 3000 DPW General Expenses be amended by changing the figure$4,153,397 to $4,116,637. Ms. Brown explained a majority of the Appropriation Committee opposes the Board of Selectmen's restoration of funds for weekly recycling;the'amendment seeks to remove such funding. Selectman Dawn McKenna reported on a vote of 4-1,the Board of Selectmen opposes the amendment. � 9:50 p.m.— 10:12 pm. Discussion in favor and against the amendment ensued until a " � motion by Mr. Berman,pr.3 was made to call for a vote,which the Moderator declared adopted. The Moderator then declared the vote on Ms. Brown's amendment now before the membership. Results of the standing vote on Ms. Brown's amended motion-line item 3000 General Expenses: Precinct Yes No � � 13 2 5 g 3 9 � 4 8 9 5 g 10 6 10 9 7 12 5 g 10 9 9 i� g At Lar e 9 � TOTAL 80 85 10:18 p.m. The Moderator declared with 80 voting in the affirmative and 85 in the negative,the AMENDMENT NOT ADOPTED. 10:19 p.m. Discussion continued on Article 4 as the Moderator proceeded with line items. � 3600 Transportation Personal Services 67,745 `"" " (Provided,however,that$67,745 of the appropriation is contingent upon the approval of an override question appearing on the ballot for the Spring 2003 special election.) 3600 Transportation Expenses 301,245 (Of whicli$79,193 is to be transferred from the Parking Meter Fund.) (Provided,however,that$301,245 of the appropriation is contingent upon the approval of an override question appearing on the ballot for the Spring 2003 special election.) 3700 Water Department 5,437,920 (And that to raise such amount$5,437,920 be transferred from the Water Enterprise Fund.) 3800 Sewer Department 8,047,157 (And that to raise such amount$8,047,157 be transferred from the Sewer Enterprise Fund.) Public Safetv ' 4100 Law Enforcement Personal Services 3,922,920 (Of which$87,025 is to be transferred from the Parking Meter Fund.) (Provided,however,that$617,000 of the appropriation is contingent upon the approval of an override question appearing on the ballot for the Spring 2003 special election.) 4100 Law Enforcement Expenses 415,140 (Of which$22,000 is to be transferred from the Parking Meter Fund.) 4200 Fire Department Personal Services 3,701,887 (Provided,however,that $542,467 of the appropriation is contingent upon the approval of an override question appearing on the ballot for the Spring 2003 special election.) 172 � 2003 Annua[Town Meeting—Marcl:24,2003 cont... 4200 Fire ll�partment Expenses 415,673 (Provided,however,that$30,000 of the appropriation is contingent upon the approval of an override question appearing on the ballot for the Spring 2003 special election.) Culture and Recreation 5100 Library Personal Services 1,476,258 (Provided,however,that $272,077 of the appropriation is contingent upon the approval of an override question appearing on the ballot for the Spring 2003 special election.) � 5100 Library Expenses 281,588 (Provided,however,that$7,585 of the appropriation is contingent upon the approval of an override question appearing on the ballot for the Spring 2003 special election.) 5200 Recreation Department 1,327;272 (And to raise such amount$1,327,272 be transferred from the Recreation Enterprise Fund.) Social Services . 6000 Social Services Personal Services 175,943 (Provided,however,that$8,044 of the appropriation is contingent upon the approval of an override question appearing on the ballot for the Spring 2003 special election.) 6000 Social Services Expenses 291,447 (Provided,however,that $88,926 of the appropriation is contingent upon the approval of an override question appearing on the ballot for the Spring 2003 special election.) 10:38 p.m. Selectman Leo McSweeney moved the meeting be adjourned until 8:00 p.m., Wednesday, March 26, 2003 at the National Heritage Museum. MOTION ADOPTED. -� i A true copy: j J ��t ► t Donna M. Hooper, Town Cl ,-7 I _ .__ _ __ _._ __ � __- _____ _ _ __ 173 Adjourned Session of the 2003 ANNUAL TOWN MEETING March 26,2003 The second session of the 2003 Annual Town Meeting was called to order by Moderator Margery M. Battin, at 8:00 p.m., at the National Heritage Museum, 33 Marrett Road. A quorum of 173 members was present. The Moderator declared a recess for a presentation of the Lexington Public Schools for the Michael Wagner Technology Award and the Diversity Awards. �' ARTICLE 2: REPORTS OF TOWN BOARDS,OFFICERS, COMMITTEES � _ Appropriation Committee Chairman Deborah Brown explained current financial situation based upon article funding to date. 8:26 p.m. ARTICLE 4: OPERATING BUDGET The Moderator continued with Article 4 line items. Selectman Leo McSweeney moved: MOTION: I move that Article 4,Line Item 3000 DPW General Expenses and Line Item 3600 Transportation Expenses be amended as follows: 3000 DPW General Expenses $4,153,397 Add the following to Yhe end of 300 DPW General Expenses: "(Of which $79,193 is to be transferred from the Parking Meter Fund.)" 3600 Transportation Expenses Delete the following from 3600 Transportation Expenses: "(Of which $79,193 is to be transferred from the Parking Meter Fund.)" Deborah Brown reported concurrence of the Appropriation Committee on Mr. McSweeney's proposed amendment. � Town Manager Richard White explained the funding requested. ' 8:35 p.m. ANAE�TDI�NY �y I'ir. McSweeney ADOFTE➢ [dmh 6/30/03] � Discussion pursued regarding LexPress fundmg. 8:35.p.m. Fred Rosenberg, pr.9, moved the following: MOTION: Article 4, line item 3000 DPW General Expenses be amended by changing: (Provided, however,that $204,000 of the appropriation is contingent upon the approval of an override question appearing on the ballot for the Spring 2003 special election.) to: (Provided,however, that$240,760 of the appropriation is contingent upon the approval of an override question appearing on the ballot for the Spring 2003 special election.) Selectman Leo McSweeney reported on a vote of 4-1 the Board of Selectmen oppose the amendment. 8:40 p.m. Deborah Brown reported the Appropriation Committee had questions and MOVED TO SEPARATE line item 3000 DPW General Expenses to be voted on separately. MOTION UNANIMOUSLY ADOPTED and line item 3000 now separated out to be voted upon at a later time. . ._ Communitv Development 7100 Community Development Personal Services 636,184 (Provided,however, that $98,836 of the appropriation is contingent upon the approval of an override question appearing on the ballot for the Spring 2003 special election.) 7100 Community Development Expenses 58,360 (Provided,however,that $20,000 of the appropriation is contingent upon the approval of an override question appearing on the ballot for the Spring 2003 special election.) 174 2003 Annual Town Meeting,Adjourned Session of March 26, 2003 cont... 7200 Planning Personal Services 183,588 (Provided, l.ic�svever,that $14,854 of the appropriation is contingent upon � the approval of an ovenide question appearing on the ballot for the Spring 2003 special election.) 7200 Planning Expenses 8,450 7300 Economic Development Personal Services 58,240 (Provided, however,that $58,240 of the appropriation is contingent upon the approval of an override question appearing on the ballot for the Spring 2003 special election.) 7300 Economic Development Expenses 5,350 (Provided, however, that $5,350 of the appropriation is contingent upon the approval of an override question appearing on the ballot for the Spring 2003 special election.) 8:46 p.m. Richard Canale, pr. 9, spoke on the Liberty Ride and moved the following: MOTION: I move that Article 4, line item 7300 Personal Services and Line item 7300 Expenses be amended to include funding for the Liberty Ride as follows: 7300 Economic Development Personal Services 77,720 (Provided, however,that $58,240 of the appropriation is contingent upon the approval of an override question appearing on the ballot for the Spring 2003 special election.) 7300 Economic Development Expenses 62,051 (Of which $30,758 of the expenses for operating the Liberty Ride be funded by the receipt of$30,758 in anticipated revenues) (Provided, however,that $5,350 of the appropriation is contingent upon the approval of an override question appearing on the ballot for the Spring 2003 special election.) Selectman Leo McSweeney reported on a vote of 3-2 the support of the Board of � Selectmen for the Liberty Ride. --� Selectman Jeanne Krieger applauded the Tourism Committee but expressed her concern that the funding is at risk and given the current budget situation cannot support the amendment. Deborah Brown and Alan Levin reported the 6-3 vote of the Appropriation Committee in opposition to the amendment. Discussion in favor and in opposition to the amendment ensued. 9:14 p.m. Selectman Dawn McKenna moved debate be extended for 20 minutes. Following a voice vote,the Moderator declared debate extended 20 minutes. Additional discussion from members, Tourism Committee, and residents followed. 9:36 p.m. The Moderator called for a standing vote on the AMENDMENT, tallied as follows: ' Precinct Yes No 1 I S 2 _� 2 7 5 3 10 5 � 4 14 3 �-- 5 15 3 6 14 4 7 10 8 8 10 7 9 18 1 At Lar e 7 10 TOTAL 120 48 9:40 p.m. The Moderator declared with 120 voting in the affirmative and 48 in the negative, the AMENDMENT ADOPTED. ___-_ _____ ___ ___ __ _ __ ___ � _ _-__ _ __ _ _ _ __ __ _ 175 2003 Annual Town Meeting,Adjourned Session of March 26, 2003 cont... General Government 8110 Board of Selectmen Administration Personal Services 60,813 (Of which$2,357 is to be transferred from the Water Enterprise Fund and $2,357 is to be transferred from the Sewer Enterprise Fund.) 8110 Board of Selectmen Administration Expenses 69,150 8120 Legal Fees &Expenses 225,000 8130 Town Report 6,000 8200 Town Manager Personal Services 324,919 �� (Of which $34,559 is to be transferred from the Water Enterprise Fund ` y and$34,559 is to be transferred from the Sewer Enterprise Fund.) 8200 Town Manager Expenses 14,667 Town Committees 8310 Appropriation Committee Expenses 1,000 8320 Miscellaneous Boazds & Committees Expenses . 8,755 8330 Public Celebrations 25,000 Finance 8400 Finance Personal Services 792,828 (Of which$159,356 is to be transferred from the Water Enterprise Fund and $159,356 is to be transferred from the Sewer Enterprise Fund.) (Provided,however, that $61,700 of the appropriation is contingent upon the approval of an override question appearing on the ballot for the Spring 2003 special election.) 8400 Finance Expenses 259,900 (And in addition that$7,500 of expenses generated from enrollment in the Flexible Spending Plan be funded by the receipt of$7,500 in anticipated revenues.) (And further that the Treasurer and Collector is hereby authorized to enter � into compensating balance agreements during fiscal years 2004, 2005 and 2006, as permitted by General Laws Chapter 44, Section 53F.) � ._: Town Clerk 8500 Town Clerk Personal Services 203,458' (Provided, however, that$28,128 of the appropriation is contingent upon the approval of an override question appearing on the ballot for the Spring 2003 special election.) 8500 Town Clerk Expenses 52,475 Management Information Systems 8600 MIS Personal Services 153,280 (Of which$28,064 is to be transferred from the Water Enterprise Fund and $28,064 is to be transferred from the Sewer Enterprise Fund.) 8600 MIS Expenses 175,220 (Provided, however,that $34,320 of the appropriation is contingent upon the approval of an override question appearing on the ballot for the Spring 2003 special election.) 9:43 p.m. Deborah Brown moved the following amendment to Article 4, line item 8600 MIS Expenses: MOTION: I move that Line Item 8600 MIS Expenses be amended by changing the figure $175,220 to $161,520. Ms. Brown explained the Appropriation Committee, on a vote of 5-4, proposes the amendment to reverse the restoration of$13,700 made by the Board of Selectmen. Selectman Leo McSweeney reported the Selectmen, on a vote of 3-2, opposes the proposed amendment. Selectman Jeanne Krieger reported a minority of the Selectmen support the amendment and respect the collaborative budget process previously followed. 176 2003 Annual Town Meeting,Adjourned Session of March 26, 2003 cont... Peter Enrich,pr.4, questioned the Selectmen,Appropriation Committee, Capital Expenditures Committee and School Committee on commitment to the collaborative budget process outlined for FY2004. Discussion in favor and in opposition to the amendment and the collaborative budget process transpired. 10:01 p.m. The Moderator called for a standing vote on the AMENDMENT,tallied as follows: --� Precinct Yes No l 1 5 11 2 5 9 --� 3 7 8 4 6 12 5 3 14 6 9 10 7 14 4 8 8 7 9 13 7 At Lar e 11 5 TOTAL 81 87 10:02 p.m. With 81 having voted in the affirmative and 87 in the negative,the Moderator declared the AMENDMENT NOT ADOPTED. 10:06 p.m. David Kaufman,pr.6, questioned making line item 8600 MIS Expenses subject to the override vote. Appropriation Committee Chairman Deborah Brown explained the Committee would prefer to separate out the line item and vote it separately. 10:07 p.m. David Kaufinan, pr.6, moved: MOTION: Article 4,line item 8600 MIS Expenses be separated out and voted separately. Following a voice vote,the Moderator declaxed the Motion Adopted and line item 8600 �� MIS Expenses to be voted separately. � - 10:08 p.m. Marjorie Daggett, Lexington representative to the Minuteman Regional School Committee, explained requested funding for the Minuteman Regional School budget. (line item discussed as last item in Article 4) 1200 Minuteman Regional School 840,431 Minuteman Regional School District Assessment based on a Minuteman Regional School District budget of$15,443,465 as reduced by estimated fisca12004 state aid relating to such budget. 10:21 p.m. Eric Michelson provided some clarification on the Minuteman budget assessment and reported unanimous support of the Appropriation Committee for Minuteman line item. Discussion ensued regarding state aid, requested budget, and school operations. 10:47 p.m. David Kanter, pr.7, questioned striking some language in the motion and announced his intent to amend the line itein. 10:49 p.m. Ephraim Weiss,pr.5, moved the meeting be adjourned until March 31, r^` 2003 at 8:00 p.m.,National Heritage Museum. � 10:49 p.m. MOTION ADOPTED. A true copy: - ✓�t,�� Donna M. Hooper, Town� lerk _ ___ _ ____- --___ __ __ _ � _ _ _— _ _ _ _ _ — _ __ __ :___ - 17_ 7 Adjourned Session of the 2003 ANNUAL TOWN MEETING March 31,2003 The third session of the 2003 Annual Town Meeting was called to order by Moderator Margery M. Battin, at 8:00 p.m., at the National Heritage Museum, 33 Marrett Road. A quorum of 176 members was present. The Moderator explained the intent to postpone further action on Article 4, Indefinitely Postpone Articles 5,6,7, and then begin action on Articles 8,9,10,11 this evening. �, ARTICLE 2: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES 8:08 p.m. Marshall Derby, Chairman, Lexington Housing Assistance Board (LexHab) '- -- moved the Report of LexHab be accepted and placed on file. Mr. Derby reported on the Board's activities this past year. MOTION IJNANIMOUSLY ADOPTED. 8:16 p.m. Shirley Stolz, Chairman, Capital Expenditures Committee, moved the Report of the Capital Expenditures Committee be accepted and placed on file. Ms. Stolz and Committee member Charles Hornig presented the Capital Budget Report. MOTION UNANIMOUSLY ADOPTED. 8:40 p.m. Deborah Brown, Chairman, Appropriation Committee, moved the Supplemental Report of the Appropriation Committee dated March 31, 2003 be accepted and placed on file. MOTION UNANIMOUSLY ADOPTED. ARTICLE 4: OPERATING BUDGET 8:41 p.m. Deborah Brown, Chairman, Appropriation Committee, moved further debate on Article 4 be postponed until Monday,April 14, 2003. MOTION ADOPTED. ARTICLE 5: SUPPLEMENTARY APPROPRIATIONS FOR CURRENT FISCAL YEAR(FY2002) 8:41 p.m. Board of Selectmen Chairman Leo McSweeney moved: MOTION: That this article be indefinitely postponed. MOTION UNANIMOUSLY ADOPTED. ARTICLE 6: PRIOR YEARS' UNPAID BILLS 8:42 p.m. Board of Selectmen Chairman Leo McSweeney moved: MOTION: That this article be indefinitely postponed. MOTION UNANIMOUSLY ADOPTED. ARTICLE 7: SUPPLEMENTARY APPROPRIATIONS FOR AUTHORIZED CAPITAL IMPROVEMENT PROJECTS 8:42 p.m. Boazd of Selectman Chairman Leo McSweeney moved: MOTION: That this article be indefinitely postponed. MOTION UNANIMOUSLY ADOPTED. ARTICLE 8: CAPITAL PROJECTS AND EQUIPMENT 8:42 p.m. Selectman William Kennedy moved: MOTION: That the following amounts be appropriated for the following capital improvements and that each amount be raised as indicated: (a) Public Works Equipment- $135,000 and that$35,000 be transferred from the Water Enterprise Fund and that the Treasurer with the approval of the Board of Selectmen is authorized to borrow$100,000 under G.L.c.44 §7(9) and any other enabling authority; ___ (b) Pine Meadows Equipment- $50,000 and that$50,000 be transferred from the Recreation Enterprise Fund; (c) Traffic Improvements-0-; (d) Street Related Improvements - $960,000 and that $500,000 be raised in the tax levy; and in addition the Selectmen are authorized to accept highway funds from all sources including the $460,000 allocated under Chapter 90 of the General Laws, and the Treasurer with the approval of the Selectmen is authorized to issue Highway Reimbursement Notes under G.L.c.44, §6 as amended; (e) Playground and Recreation Facilities Improvements-0-; 178 2003 Annua!Town Meeting,Adjourned Session of March 31, 2003 cont... (fl Storm Sewer Improvements- $150,000 and that$150,000 be transferred from the Sewer Enterprise Fund; (g) Sidewalk Improvements—0-; (h) Sanitary Sewer Improvements- $75,000 and that$75,000 be transferred from the Sewer Enterprise Fund; (i) Landfill Closure - $450,000 and that the Treasurer with the approval of the Board of Selectmen is authorized to borrow$450,000 under G.L.c.44, §8(24) or any other enabling authority; (j) Skate Park Improvements—0-; ,__, (k) Fire Equipment- $327,390 and that$327,390 be raised in the tax levy � (Provided, however,that $216,248 of the appropriation is contingent upon the approval of an override question appearing on the ballot for `� the Spring 2003 special election.) (And further,that$111,142 of the appropriation be placed in the Stabilization Fund should the override fail.) (1) Town Building Envelope Program- $260,180 and to raise such amount$60,180 be raised in the tax levy and that the Treasurer with the approval of the Board of Selectmen is authorized to borrow $200,000 under G.L.c.44, §7(3A) or any other enabling authority. The Moderator read line items 8 a through 8 k,with the following discussion: 8 a.) William Kennedy reported the support of the Board of Selectmen. Narain Bhatia reported the unanimous support of the Capital Expenditures Committee. Sheldon Spector reported the support of the Appropriation Committee. 8 b.) Recreation Committee Chairman Sandra Shaw and member Rick DeAngelis spoke on requested funding from the Recreation Enterprise Fund. Charles Hornig reported the unanimous support of the Capital Expenditures Committee. "�� Sheldon Spector reported the support of the Appropriation Committee. ._..1 Discussion on public works and golf course equipment replacement, maintenance, and safety issues followed. 8 c.) requests—0-funding. 8:57 p.m. 8 d.) Public Works Director William Hadley explained the street resurfacing program. William Kennedy reported the unanimous support of the Board of Selectmen. Narain Bhatia reported the unanimous support of the Capital Expenditures Committee. Sheldon Spector reported the support of the Appropriation Committee. 8 e.) requests—0-funding. 8 f.) William Kennedy reported the unanimous support of the Board of Selectmen Narain Bhatia reported the support of the Capital Expenditures Committee. Sheldon Spector reported the support of the Appropriation Committee. 8 g.) requests—0- funding. Discussion followed on upkeep and funding of playground equipment. 8 h.) William Kennedy reported support of the Board of Selectmen. Narain Bhatia reported the unanimous support of the Capital Expenditures Committee. Sheldon Spector reported the unanimous support of the Appropriation Committee. ---, Questions were raised on responded to on the status of the center traffic light replacement I and sidewalk plowing. ,_; 9:15 p.m. 8 i.) William Kennedy reported unanimous support of the Board of Selectmen. Bruce Haskell of Camp, Dresser, McKee presented information on the closure of the Hartwell Avenue landfill site. Narain Bhatia reported the unanimous support of the Capital Expenditures Committee. Sheldon Spector reported the support of the Appropriation Committee. Questions followed regarding sampling techniques, future use options, timelines and anticipated costs for closure. _ -- _ ___ --__ _ _ _ __ �__ __ __—_ _ _ __ _ _ _ . __ _ _ ___ —___-- __------- _ 179 2003 Annual Town Meeting,Adjourned Session of March 31, 2003 cont... � Bruce Haskell responded and it was advantageous to close out the site now regardless of pending future use. 8 j.) requests—0-funding. Sandra Shaw reported the Recreation Committee had reluctantly voted unanimously to postpone any funding request. Charles Hornig reported the agreement of the Capital Expenditures Committee on recommended zero funding. Sheldon Spector reported the agreement of the Appropriation Committee on recommended zero funding. 8 k.) William Kennedy reported the Board of Selectmen's support for the Fire �� Department's request to replace Engine 2. Shirley Stolz reported the unanimous support of the Capital Expenditures Committee. Sheldon Spector reported the support of the Appropriation Committee. Town Manager Richard White responded to Niles Barnert's question on placing requested funds in the stabilization fund. 8 l.) Shirley Stolz made a MOTION to separate out Line Item 8 (1) to be voted on separately from Article S,line items a-k. 9:46 p.m. Following a brief discussion,MOTION ADOPTED, Line Item 8 (1) separated out. Additional discussion followed on playground structures and "failed intersections" at which traffic does not flow. Planning Director Glenn Garber explained the status of the Pl�nning Board's Comprehensive Plan and Transportation Element, during which the Planning Board has studied roughly the 20 worst intersections in town. 9:56 p.m. VOTE on Article 8, line items a-k,the Moderator DECLARED the r-- MOTION ADOPTED by more than the required two-thirds vote. _� 9:58 p.m. Shirley Stolz, Capital Expenditures Committee Chairman, served Notice of Reconsideration on Article 8, line items a-k. ARTICLE 9: WATER DISTRIBUTION IMPROVEMENT 9:59 p.m. Selectman Jeanne Krieger moved the following: MOTION: That the sum of$900,000 be appropriated for upgrading the water distribution system in the Larchmont Lane, Utica Street and Laconia Street areas; and that to meet this appropriation$400,000 be transferred from the Water Enterprise Fund and that the Treasurer with the approval of the Board of Selectmen is authorized to borrow$500,000 under G.L.c.44, §8 or any other enabling authority, all or a portion of which bonowing may be from the Massachusetts Water Resources Authority ("MWRA") and in connection therewith to enter into a loan agreement and/or security agreement with the MWRA with respect to such loan. Selectman Krieger reported the unanimous support of the Board of Selectmen Narain Bhatia reported the unanimous support of the Capital Expenditures Committee. Karen Dooks reported the unanimous support of the Appropriation Committee. � Discussion followed on street repairs and standards to which contractors axe held. � 10:05 p.m. Moderator DECLARED the vote UNANIMOUS and MOTION � __ ADOPTED. 10:05 p.m. Shirley Stolz, Capital Expenditures Committee, served Notice of Reconsideration on Article 9. ARTICLE 10: SCHOOL CAPITAL PROJECT—HIGH SCHOOL 10:06 p.m. Schoo! Committee Chairman Scott Burson moved: MOTION: That$1,500,000 is appropriated to remodel,reconstruct and make extraordinary repairs to the High School; that to meet this appropriation,the Treasurer with the approval of the Board of Selectmen is authorized to borrow$1,500,000 under 180 2003 Arrnual Town Meeting,Adjourned Session of March 31, 2003 cont... G.L.c.44, §7(3A), G.L.c.70B or any other enabling authority; and that the Permanent Building Committee is authorized to take any other action necessary to carry out this project. Mr. Burson reported the request is to fund acoustical modifications to approximately 20 classrooms at the high school and explained the needs for hearing impaired classrooms. Mr. Burson reported the unanimous support of the School Committee. George Burnell reported the unanimous support of the Capital Expenditures Committee. Karen Dooks reported the unanimous support of the Appropriation Committee. ---, I { Discussion then followed on the need for classrooms to meet the acoustical needs of the � __.: hearing impaired and other students. 10:18 p.m. Selectman Peter Kelley reported the unanimous support of the Board of Selectmen. Discussion continued on cost, funding mechanisms for proposed work, and placements out of the district to meet student needs. 10:40 p.m. Robert Whitman, pr.6, moved the question. Following a vote on putting the question, the Moderator declared the motion adopted. 10:41 p.m. The Moderator declared the motion on the motion being put adopted and the main motion now before the meeting. 10:42 p. Marsha Baker, pr.7, as Co-chairman of the Special Needs Advisory Council, spoke in support. 10:42 p.m. The Moderator DECLARED the MOTION ADOPTED by more than the required two-thirds vote. 10:42 p.m. Shirley Stolz, �4��t�er�Committee, served Notice of Reconsideration on ArtiCle 10. Capital Expenditures �� r---, 10:44 p.m. Selectman Leo McSweeney moved the meeting be adjourned until 8:00 � p.m., Wednesday, April 2, 2003 at the National Herita.ge Museum. MOTION --� ADOPTED. A true copy: i+ r ��J ,.�`��ay` '.." Donna M. Hooper, Town lerk � I � ___ _ ______ _ __ � _ _ -- _ _ _ _ __ ___---- -_ __ _ _ _- _ 181 Adjourned Session of the 2003 ANNUAL TOWN MEETING April 2,2003 The fourth session of the 2003 Annual Town Meeting was called to order by Moderator Margery M. Battin, at 8:00 p.m., at the National Heritage Museum, 33 Marrett Road. A quorum of 178 members was present. The Moderator called a reeess for Representative Jay Kaufman and Dr. Ernest Van B. Seasholes, Principal of Lexington High School,to present awards to 13 students from Lexington High School. : 8:19 p.m. The Moderator declaxed the meeting in session and outlined the article order � for the evening as follows: 1 l, 13, 17, 19, 24, 26, 27, 29 and anticipated Indefinite Postponement for Articles 15 and 28. Anticipated order for April9th-articles 12, 14, 25 and 23; for April 14�'—articles 16 & dangling money articles; for Apri17�h—articles 20, 21, and 22, ARTICLE 2: REPORTS OF TOWN OFFICERS, BOARDS , COMMITTEES 8:22 p.m: Selectman Leo McSweeney moved the Report of Lexington 2020 Vision Committee be Accepted and Placed on File. Committee member Nancy Wilson presented an oral report of the Lexington 2020 Vision Implementation Committee. 8:24 p.m. MOTION UNANIMOUSLY ADOPTED. 8:25 p.m. Patrick Mehr moved the Report of the Electric Utility Ac Hoc Committee be accepted and Placed on File. Patrick Mehr,pr.3,presented an oral report. MOTION UNANIMOUSLY ADOPTED. ARTICLE 11: SCHOOL CAPITAL PROJECTS—DIAMOND, HARRINGTON 8:31 p.m. Thomas Griffiths, School Committee, moved: MOTION: That$190,000 is appropriated to reconstruct and make extraordinary repairs to the gym floors at the Diamond Middle School and at the Harrington Elementary School; that to meet this appropriation$125,000 be raised in the tax levy and that the Treasurer with the approval of the Board of Selectmen . � is authorized to borrow$65,000 under G.L.c.44, §7(3A), G.L.c.70B or any other enabling authority; and that the Permanent Building Committee is authorized to take any other action necessary to carry out this project. Mr. Griffiths explained the requested improvements to the gymnasium floors were sought for the safety of the users. 8:36 p.m. George Burnell reported the unanimous support of the Capital Expenditures Committee. Karen Dooks reported the unanimous support of the Appropriation , Committee. Peter Kelley reported the unanimous support of the Board of Selectrrien. 8:38 p.m. Discussion followed, including questions on building energy conservation efforts,proposed repairs and school renovation project at Diamond, and pending school construction at Harrington site. 8:42 p.m. The Moderator DECLARED the MOTION ADOPTED by more than the required two-thirds vote. 8:42 p.m. Shirley Stolz, Capital Expenditures Committee, served Notice of Reconsideration of Article 11. 8:43 p.m. Selectman Jeanne Krieger moved Articles 12, 14, 23, and 25 be taken up on Monday, Apri128`j'. MOTION iJNANIMOUSLY ADOPTED. ARTICLE 13: MUNICIPAL ELECTRIC UTILITY PLANT 8:46 p.m. Paul Chernick,pr.6,moved: MOTION: That the following resolution be adopted: Town Meeting supports and encourages the efforts of the Selectmen to explore and evaluate the option of establishing a municipal electric utility, and to that end,reconfirms and renews the votes taken under Article 37 of the warrant for the 1996 Annual Town Meeting and under Article 42 of the warrant for the 1997 Annual Town Meeting endorsing the establishment of a municipal lighting and gas plant in accordance with the provisions of Chapter 164 of the General Laws as amended from time to time. 182 2003 Annual Town Meeting,Adjourned Session ofApril2, 2003 cont... Following brief comments on Article 13 by Mr. Chernick,further comments were provided by committee member Patrick Mehr. 8:57 p.m. Charles Hornig reported the unanimous support of the Capital Expenditures Committee. Dawn McKenna reported the unanimous support of the Board of Selectmen. 8:59 p.m. Discussion, in favor and in opposition, continued on customer satisfaction, energy conservation,ta�c benefits of private utility companies, and pros and cons of underground utilities. 9:09 p.m. MOTION ADOPTED. ARTICLE 15: PROPERTY AC UISITION—MAP 49,LOT 54 ON '� Q J FOREST STREET 9:10 p.m. Selectman Dawn McKenna moved: MOTION: That this article be indefinitely postponed. 9:11 p.m. MOTION ADOPTED. �,m 9:12 p.m. Andrew Friedlich moved Article 16 be postponed until Monday, April � 0 14, 2003. MOTION ADOPTED. •rl N N � N ARTICLE 17: ZONING BYLAW,TECHNICAL CORRECTIONS H � 9:13 p.m. Sara Chase moved the Planning Board Report of Article 17 be Accepted and Placed on File. MOTION ADOPTED. �' � Ms. Chase reported the Planning Board recommends approval, and moved: � b MOTION: T'hat the Zoning By-Law be amended as follows: � � In §135-72 D(1)(a)by deleting the line"The `Trip Generation Manual, Fifth � ° Edition' prepared by the Institute of Transportation Engineers; and, if applicable, o ... ..."and substituting the following: � o "The most recent edition of`The Trip Generation Manual' prepared by the � o �N Institute of Transportation Engineers that is on file in Lexington Town Engineer's �° a; office; and, if applicable, ..." b � � � � Leo McSweeney reported the unanimous support of Article 17 by the Board of a � Selectmen. � � 9:15 p.m. The Moderator declared MOTION UNANIMOUSLY ADOPTED. ARTICLE 18: AMEND ZONING BYLAW—REZONING,CRO TO CD, 124, 128 SPRING STREET and 95 HAYDEN AVENUE 9:15 p.m. Andrew Friedlich, pr.5, moved: MOTION: That this article be Indefinitely Postponed. The Moderator r�cognized Executive Vice President Peter Nichols, Beal Properties. Mr. Nichols explained the reasons for Indefinite Pos�ponement, efforts taken, and hopes of bringing forward a request at a later date. 9:19 p.m. MOTION LTNANIMOUSLY ADOPTED. 9:20 p.m. The Moderator declared a brief recess for, due to illness,the exchange of Moderators. Moderator Battin stepped down and appointed Mr.Norman Cohen,pr.6,to serve as Temporary Moderator(in accordance with 118 §11 of The Code of Lexington) for the remainder of the evening. 9:20 p.m. Moderator Norman Cohen called the meeting to order and declared Article 19 now before the members. �� ARTICLE 19: AMEND ZONING BYLAW � 9:23 p.m. David Kaufman,pr.6, moved: J MOTION: That the Zoning Bylaws of the Town be amended as follows: A. In Section 4.2, Table 1, Line 7.15 relating to"Bank, credit union,"change the column headed CS from N to SP. B. In Section 4:2, Table 1, Line 7.15b relating to"Bank or credit union with drive-up window or auto-oriented branch bank"change the column headed CS from N to SP with the following footnote reference, "provided that the bank or credit union has a maximum of two lanes, one of which may be an ATM lane." 9:24 p.m. Article sponsor Deidre Niemann explained purpose for the bylaw change. __ _ _____ _ _ __ �_ __ ___ _ __ _ _ __ __ _ ------ __ 2003 Annual Town Meeting,Adjourned Session of Apri12, Zoo3�onr... 18 3 9:31 p.m. John Davies moved the Planning Board Report on Article 19 be Accepted and Placed on File. MOTION iJNANIMOUSLY ADOPTED. Mr. Davies reported the Planning Board recommends Article 19 be disapproved. 9:33 p.m. Leo McSweeney reported the Board of Selectmen opposed the motion. Additional members spoke in opposition 9:38 p.m. MOTION NOT ADOPTED. 9:39 p.m. John Bartenstein, pr.l, moved postponement of Articles 20, 21 and 22 until Monday, Apri17, 2003. MOTION ADOPTED. , ARTICLE 24: CONSERVATION COMMISSION—NON-CRIMINAL DISPOSITION -- 9:40 p.m. Conservation Commission member Philip Hamilton moved: MOTION: That Chapter 1, § 6 of the Code of Lexington be amended as follows: 1. By deleting the current fine schedule: Chapter 130. Wetland Protection Approved by Fine schedule: Attorney General lst, 2"a and 3`d offenses: $50 per violation Tom Reilly �, August 19, 2003; 4 and subsequent offenses: $100 per violation Posted August 22,2003 2. By inserting the following fine schedule: Chanter 130, Wetland Protection Maximum Fine Schedule: 1 St offense: $100 per violation 2"a and 3`d offenses: $200 per violation 4�'and subsequent offenses: $300 per violation 3. By deleting the current fine schedule:� Chapter 145, Conservation Commission Fine Schedule: $50 per violation 4. By inserting the following fine schedule: Chapter 145, Conservation Commission Fine Schedule: 1 St offense: $100 per violation 2"d and 3`d offenses: $150 per violation 4th and subsequent offenses: $200 per violation 9:42 p.m. Leo McSweeney reported the Board of Selectmen's unanimous support. 9:42 p.m. MOTION UNANIMOUSLY ADOPTED. ARTICLE 26: ACCEPT MGL CHAPTER 54 §16A 9:42 p.m. Selectmen Peter Kelley moved: MOTION: That the Town accept Section 16A of Chapter 54 of the Massachusetts General Laws. 9:42 p.m. Peter Kelley reported the support of the Board of Selectmen. Town Clerk Donna Hooper briefly explained the purpose for accepting the state statute. 9:44 p.m. MOTION LJNANIMOUSLY ADOPTED. ARTICLE 27: ACCEPT MGL CHAPTER 40, §8J 9:45 p.m. Selectman William Kennedy moved: MOTION: That the Town accept Section 8J of Chapter 40 of the Massachusetts General Laws. ��' William Kennedy reported the support of the Board of Selectmen. 9:45 p.m. Susan Cusack, member of the Enablement Committee, Committee '� -- Chairman Victoria Buckley, presented justification for adoption and the perceived need to take the committee from an advisory committee to a full commission status. Questions followed on impact of change of status on appointment procedures, commitment or expenditures of funds, and grant authority authorized by acceptance of MGL c.40§8J. 9:53 p.m. MOTION ADOPTED. 1� 8 4 2003 Annual Town Meeting,Adjourned Session of Apri12,2003 cont... ARTICLE 28: RETIREMENT BOARD 9:53 p.m. Peter Kelley moved: MOTION: That this article be indefinitely postponed. 9:53 p.m. MOTION ADOPTED. ARTICLE 29: PETITION GENERAL COURT—AMEND ALCOHOLIC BEVERAGE LICENSE PROVISIONS 9:54 p.m. Selectman Dawn McKenna moved: MOTION: That the Board of Selectmen are authorized to petition the General Court for an Act to allow the Selectmen to grant licenses for the sale of alcoholic � beverages, including but not limited to licenses for the sale of beer and wine only, in restaurants with less than 99 seats notwithstanding Massachusetts General `"° Laws c.138, provided that this measure is approved by a majority of voters at an annual or special election. 9:54 p.m. Mrs. McKenna explained requested action and reported the unanimous support of the Board of Selectmen. 9:56 p.m. Fred Johnson, Lexington Center Committee,presented the need for the requested action and reported the support of the Lexington Center Committee and Chamber of Commerce. Discussion ensued in favor and against the motion,procedures for granting liquor licenses, and monitoring of practices for entities to which licenses are granted. Town Manager Richard White explained statute provides great latitude to the Board of Selectmen. 10:10 p.m. MOTION ADOPTED. 10:10 p.m. Selectman Leo McSweeney moved the meeting be adjourned until 8:00 p.m., Monday, Apri17, 2003 at the National Heritage Museum. 10:10 p.m. MOTION ADOPTED. � A true copy: � --� ,��"�� Donna M. Hooper, To Clerk �--, . ; . i _____ __ __ ____ __ - ___ _._ __ � _ . ____ __ _ _ __ . _ _ ___ ._ 185 Adjourned Session of the 2003 ANNUAL TOWN MEETING Apri17,2003 The fifth session of the 2003 Annual Town Meeting was called to order by Moderator Margery M. Battin, at 8:00 p.m., at the National Heritage Museum, 33 Marrett Road. A quorum of 176 members was present. The Moderator explained the Article 4—Minuteman Regional school amendment proposed by David Kanter will not be offered. The Moderator explained the meeting is open under Article 2—Reports of Town Officers, Boards, Committees. _ 8:07 p.m. Planning Board Chairman Anthony Galaitsis moved the Report of the Planning Board on Housing be Accepted and Placed on File. Mr. Galaitsis requested the Moderator recognize Planning Director Glenn Garber for an update on housing. Mr. Garber presented a housing report and accepted questions. 8:28 p.m. MOTION UNANIMOUSLY ADOPTED. 8:29 p.m. Selectman Jeanne Krieger moved the Report of the Metropolitan State Hospital Task Force be Accepted and Placed on File and presented a verbal report to the members. Mrs. Krieger received and responded to questions from the members regarding MDC ownership, impact of possible development, and anticipated revenue. 8:37 p,m. MOTION UNANIMOUSLY ADOPTED. Presented by Lorraine Fournier,pr.8. ARTICLE 20: AMEND ZONING BYLAW MOTION: That the Zoning By-Laws, Chapter 135 of the Code of Lexington, be amended as follows: � a That the definitions in�135-8 of the terms "billboard, " "sign, " "accessory sign, "and °�° ro non-accessory sign" be amended to read as follows: rt c � a � BILLBOARD—Any sign, regardless of size,which advertises, calls attention to or "��c promotes for commercial purposes any product, service ar activity other than one o rt manufactured, sold or engaged in on the premises at which the sign is located. ;;' o � ro � SIGN—Any display device, including but not limited to a board,placard,poster, flag or � � banner, which advertises or communicates information to persons not on the premises on a � which it is located. � � � � 0o a� SIGN, ACCESSORY—Any sign which advertises, calls attention to, or indicates the � ~ � H person or activity occupying the premises on which the sign is located; advertises the N � property or some part of it for sale or lease; or contains a lawful,noncommercial message N � displayed by an occupant of the premises. o � o � w�C SIGN, NON-ACCESSORY—Any sign that is not an accessory sign. That the following definitions be added to�135-8.• NONCOMMERCIAL MESSAGE—Any statement or message, including but not limited to a political election campaign endorsement,that does not advertise, call attention to or promote for commercial purposes any product, service or activity; and for the display of �: which no consideration is provided or received. L _ SIGN, COMMERCIAL—Any sign, regardless of size, which advertises, calls attention to, or indicates any commercial product, service or activity, whether or not manufactured, sold or engaged in on the premises at which the sign is displayed. That�� 135-74 through 135-78 be amended to read as follows: § 135-74. Objectives and applicability. 186 2003 Annual Town Meeting,Adjourned Session of Apri17,2003 A. Intent. This By-Law is intended to preserve and enhance the historical ambience and aesthetic character of the town, and to maintain public safety, consistent with constitutional requirements protecting freedom of speech. B. Scope. All outdoor signs and window signs are subject to the regulations of this By-Law unless specifically excluded in § 135-74(C). C. Exemptions. The following signs are not subject to this By-Law: (1) Any sign owned and installed by a governmental agency or required by any law, � governmental order or regulation. (2) Government flags and insignia, except when displayed in connection with commercial promotion. (3) Integral decorative or architectural features of buildings, except letters, trademarks, moving parts or moving lights. (4) Signs mounted on registered motor vehicles or carried by hand. D. Nonconforming signs. Signs legally existing on the effective date of this article, or of any amendment hereto, may continue to be maintained;provided however that any such sign that fails to conform to the current requirements of this by-law shall not be enlarged, altered, relocated or replaced except in accordance with the provisions of Article VI. § 135-75. � General regulations. The provisions of this section shall apply to signs in all zoning districts. Additional specific regulations for residential and business districts are set forth in §§ 135-76 and 135-77,respectively. A. Illumination.No sign shall be illuminated between the hours of 11:00 p.m. and 6:00 a.m., except signs on premises open for business, and then only upon issuance of a special permit by the SPGA. Exterior illumination of signs shall be shielded, directed solely at the sign, and be steady and stationary.No internal illumination of a sign is r—+ permitted except upon issuance of a special permit by the SPGA. The illumination of any sign shall not exceed 150 foot lamberts. [Amended 4-1-1998 ATM by Art. 40] B. Signs cannot interfere with traffic.No sign, including window displays, or its illuminators shall by reason of its location, shape, size or color interfere with pedestrian or vehicular traffic or be confused with or obstruct the view or the effectiveness of any official traffic sign,traffic signal or traffic marking.No red or green lights shall be used on any sign if, in the opinion of the Building Commissioner or designee with the advice of the Chief of Police, such lights would create a driving hazard. C. Construction.No sign shall be painted or posted directly on the exterior surface of any wall. All exterior, attached signs, except awning signs, shall be painted,posted or otherwise securely affixed to a substantial intermediary removable surface and such surface shall be securely affixed to the wall of the building. The foregoing, however, shall not prevent installation of a sign by individual letters or devices cut into or securely affixed to the exterior wall of a building,provided that such letters or devices have a minimum depth of projection of 1/4 of an inch. The construction of the sign shall comply with the State Building Code. D. Maintenance. Every sign shall be maintained in good condition. If a sign shows corrosion or deteriarated paint over 25%of the area of one side or if damage to the sign ---, causes the loss of 10% of its substance or if the sign suffers damage or deterioration which creates a risk of harm to the person or property of another, it shall be repaired or removed. E. Removal of temporary signs. Signs that advertise or otherwise relate to a particular event (for example, a real estate sign, an election campaign sign or a yard sale sign) shall be removed promptly, and in no event more than 7 days, after the conclusion of the event F. Window signs. Removable signs on the inside of windows or transparent doors are permitted. ___ ___ _ _ ___ _ _ _ _ __ ___ ____ ____ ___ __ 2003 Annual Town Meeting,Adjoumed Session of Apri17,2003 + � � G. Prohibited signs. The following types of signs are prohibited. (1) Signs which incorporate in any manner flashing, moving or intermittent lighting, excluding public service signs showing time and temperature. (2) String lights used in connection with commercial premises with the exception of temporary lighting for holiday decoration. (3) Signs erected so as to obstruct any door, openable window or fire escape on a building. � (4) Billboards and other non-accessory signs. § 135-76. Residential districts. The provisions of this section shall apply to signs in residential districts. A. The following accessory signs are permitted. (1) Resident identification signs. Two signs, up to one square foot in area each,per residential building indicating the name and address of the residents therein (2) Multifamily dwelling development sign. One sign,not exceeding 12 square feet in area, identifying a development in an RM or RD district. (3) Real estate sign. One sign advertising the sale or rental of the premises on which it is located, and containing no other advertising matter. (4) Subdivision signs. Real estate signs, not more than 20 square feet in area and not more than 10 feet in any dimension, on subdivisions of land as defined in General Laws, Chapter 41, Section 81-L, solely to advertise the selling of land or buildings in said subdivision,provided that not more than one such sign shall face the same street. (5) Yard or garage sale sign. One sign advertising a yard or garage sale on the ` � premises on which it is located,provided that a yard sale permit has been duly obtained. (6) Construction,painting or remodeling sign. One sign indicating the name, address and telephone number of a contractor currently providing construction, painting or remodeling services on the premises, and containing no other advertising matter, provided that permission to display such sign has first been obtained from the homeowner. (7) Noncommercial message signs. Accessory signs containing a noncommercial message and no other advertising matter. B. Size,number and location of accessory signs. Unless otherwise provided in § 135-76(A), (1) No sign in a residential district shall exceed 4 square feet in area. No standing sign shall exceed 4 feet in height. (2) No more than 2 standing signs shall be located on a residential property at one time. � (3) No part of any standing sign shall be located within 10 feet of the edge of the �-_ pavement of any street, obstruct a sidewalk, or otherwise create a safety hazard to pedestrian or vehiculaz traffic. (4) No sign shall be located on the roof of any building. C. Commercial signs. Except to the extent permitted in § 135-76(A), commercial signs, whether or not accessory to a permitted activity engaged in on the premises, are prohibited in residential districts. 188 2003 Annual Town Meeting,Adjourned Session of April 7,2003 § 135-77. Business districts. The provisions of this section shall apply to signs in business districts. A. Accessory Signs. Accessory signs on business establishments or institutions in business districts that comply with the following provisions are permitted. (1) Wall signs. (a) One principal wall sign is permitted on the front of the establishment to which it relates. The width of such a sign above the first floor of a building shall not exceed three r_ feet. 1 (b) A secondary wall sign may be installed marking a direct entrance on a parking lot `� or another street in addition to the front wall sign. There shall be not more than two such secondary wall signs. Said sign shall have a width no greater than 50% of the maximum permissible width for the principal wall sign. (c) No wall sign shall be more than three feet in overall height. (d) In buildings where the first story is substantially above grade and the basement is only partially below street grade, one sign for each level is allowed if each sign has only 1/2 of the area that would be permitted for a single sign. (e) In addition to the above signs each building with multiple occupants may have one directory sign affixed to the exterior wall, window or door of the building. Such directory sign shall provide not more than one square foot for each occupant of the building. (� Wall signs shall either be affixed to a wall and parallel to it or affixed to the roof above a wall and be parallel to the wall. They shall not project more than 12 inches from the face of such wall. (g) No wall sign shall project above the highest line of the main roof or paxapet on the wall to which it is attached,whichever is higher. (2) Projecting signs. In particular instances the SPGA may issue special permits for projecting signs in accordance with § 135-78, if it is determined that the architecture of the building,the location of the building with reference to the street or the nature of the establishment is such that the sign should be permitted in the public interest.No establishment shall be permitted more than one projecting sign. (3) Standing signs. In particular instances the SPGA may issue special permits for standing signs in accordance with § 135-78, if it is determined that the architecture of the building,the location of the building with reference to the street or the nature of the establishment is such that the sign should be permitted in the public interest. No establishment shall be permitted more than one standing sign other than signs directing traffic flow. (4) Signs at gasoline filling stations and garages. Gasoline filling stations and garages may divide the one wall sign affixed to the front wall of the building to which they are entitled as hereinabove provided into separate wall signs indicating the separate operations or departments of the business,provided however that the total of the widths of the separate signs shall not exceed the maximum width permitted under this By-Law �--, for a single wall sign on such wall. In addition, one sign indicating the brand of gasoline being sold may be erected of such type, in such location, and in such manner as the SPGA may allow by special permit. The standard type of gasoline pump bearing thereon, in usual size and form,the name or type of gasoline and the price thereof shall not be deemed to be a sign within the meaning of this By-Law. § 135-78. Building permits and special permits. A. All persons desiring to erect an outdoor sign in a commerci�� istrict shall apply to the Building Commissioner or designee for a building permit. _ --- - _ _ _ ___ __ _ _ ____ ___ — — ---- - __ ___ _ � _ 189 2003 Annual Town Meeting,Adjourned Session of Apri17,2003 B. All applications for permits shall include,at least, a drawing to scale showing the following: (1) The proposed sign. (2) All existing signs maintained on the premises. (3) A plot plan and a sketch of the building facade indicating the location of the proposed and any existing signs. (4) Specifications for construction, lighting, and wiring in accordance with the State Building Code. C. Building Commissioner or designee action. The Building Commissioner or designee shall issue a building permit provided the proposed sign complies with this By- y Law,the State Building Code, requirements of the Historic Districts Commission (wh.ere applicable) and any other applicable laws,by-laws or regulations. D. Special permits. In particular instances the SPGA may issue special permits for more or larger signs than are provided herein or for signs of types or for purposes not provided herein and not specifically prohibited herein, including temporary signs, if it is determined that the architecture of the building,the location of the building with reference to the street or the nature of the establishment is such that the sign should be permitted in the public interest. In granting such permission,the SPGA shall specify the size and location of the sign or signs and impose such other terms and restrictions as it may be deemed to be in the public interest. Any applicant under this provision shall provide the information required in § 135-78(B) above and specific information in the form of perspectives,renderings,photographs or other representations sufficient to show the nature of the proposed sign, its effect on the immediate surroundings and the reasons for allowing it. In considering applications for special permits for signs located on land owned or leased by a religious sect or denomination or by a nonprofit educational corporation, and used for religious or educational purposes,the SPGA shall not treat the applicant on terms less favorable than those applied to a non-religious institution,nor in a manner that unreasonably restricts the religious or educational activities of the applicant. See Mass. Gen. Laws c. 40A, § 3 (Zoning Act); 42 U.S.C. §§ 2000cc et seq. (Religious Land Use and Institutionalized Persons Act of 2000). That to conform to the foregoing amendments, ��135-9 and 135-39 be amended as follows: That�135-9(F)(1) ("Temporary use") be amended to read: (1) Temporary use. A building permit or certificate of occupancy may be granted for a temporary use where authorized by this By-Law. A special permit for a temporary use may be granted by the special permit granting authority or a permit for a temporary use may be issued by the Building Commissioner or designee for a specific period of time that is consistent with the needs of the proposed use.No temporary use is permitted without a written permit for a time period prescribed by the SPGA or the Building Commissioner or designee or as set forth in this By-Law; provided, however, that temporary signs and any permits that may be required therefor shall be governed by the provisions of§§ 135-74 through 135-78 rather than this § 135-9. That� 135-9(F) (2) ("Terminology") be amended by deleting the words "a sign. " That� 135-39(B)(1) (Height ofstructures other than buildings) be amended to read.• (1) When located on the ground,the maximum height of structures, other than � buildings, shall be the highest point on the structure and shall not exceed the maximum height for buildings in feet as set forth in Table 2. Structures other than buildings, such as �"�-"" antennas, wireless communication facilities that are permitted as provided in Article XV, recreational apparatus, fences and the like may be located in a required front, rear or side yard provided the height of the structure is not greater than its horizontal distance from the lot line. Notwithstanding this provision: (a) A fence or wall not greater than six feet in height(except that a supporting post may be not more than six feet, six inches in height)may be located on, or closer to a lot line than six feet; and 190 2003 Annual Town Meeting,Adjourned Session of Aprit 7,2003 (b) A sign permitted under § 135-76 may be located in a front yard without regard to the lot line. ------------------------------------ 8:41 p.m. Mrs. Fournier explained the perceived need for the proposed bylaw changes. John Bartenstein,pr.l, continued with explanation of proposed changes. 8:54 p.m. Planning Board Chairman Anthony Galaitsis reported the Planning Board's � support,reviewed the reasons, and moved the Planning Board's Report on Article 20 be Accepted and Placed on File. Following a unanimous voice vote,the Moderator declared the Report Accepted and Placed on File. Leo McSweeney reported the unanimous support of the Board of Selectmen. Members complimented Mr. Bartenstein and Mrs. Fournier and followed with questions on provisions allowed under proposed bylaw changes. Mr. Bartenstein responded to questions from the members and residents in the audience. 9:21 p.m. Following a voice vote,the Moderator declared MOTION UNANIMOUSLY ADOPTED. ARTICLE 21: 40B COMPREHENSIVE PERMIT 9:22 p.m. Andrew Friedlich,pr.5. MOTION: That this article be indefinitely postponed. 9:25 p.m. MOTION ADOPTED. ARTICLE 22: LINCOLN PARK 9:26 p.m. Lisa Baci, pr.4. MOTION: That this article be indefinitely postponed: 9:26 p.m. Citizens proposing this article provided their brief update on the Lincoln Field project. r 9:29 p.m. MOTION UNANIMOUSLY ADOPTED. ARTICLE 30: L.G. HANSCOM FIELD 9:30 p.m. Carolyn Tiffany,pr.8. MOTION: That the following resolution be adopted: Resolved: that the Town Meeting request the Selectmen to call upon the Governor of the Commonwealth of Massachusetts and all relevant State and Federal agencies to recognize L.G. Hanscom Field, Massport's Civilian Airport, as a unique airport in the United Sta.tes, sited in the midst of an irreplaceable historic, cultural,and environmentally sensitive area, and to take initiatives to prevent expansion of the airport. Mrs. Tiffany provided an explanation and brief discussion ensued from members speaking in support. 9:54 p.m. MOTION ADOPTED. 9:54 p.m. Selectman Leo McSweeney moved the meeting be adjourned unti18:00 p.m., Monday, April 14, 2003 at the National Heritage Museum. 9:54 p.m. MOTION ADOPTED. A true copy: :,��.-� 1 Donna M. Hooper, To lerk � __ _ __ _ ___ _ ____ ----- __ __ _ 191 Adjourned Session of the 2003 ANNUAL TOWN MEETING Apri114,2003 The sixth session of the 2003 Annual Town Meeting was called to order by Moderator Margery M. Battin, at 8:00 p.m., at the National Heritage Museum, 33 Marrett Road. A quorum of 179 members was present. The Moderator declared a brief recess for the Selectmen to recognize the retirement after 33 years of service to the Town of Lexington, of Phyllis Smith,Administrative Assistant to the Board of Selectmen. LL Following a brief explanation on the procedures for the evening's meeting, the Moderator declared the meeting open under Article 2. ARTICLE 2: REPORT OF TOWN OFFICERS,BOARDS, COMMITTEES 8:16 p.m. Paul Lapointe, Chairman, moved the Report of the DPW Facility/Senior Center Re-evaluation Advisory Committee be Accepted and Placed on File. MOTION ADOPTED. Mr. Lapointe referred the members to the printed report and advised discussion would occur at a future meeting. 8:19 p.m. Deborah Brown, Chairman,moved the Appropriation Committee's Supplemental Report#2 be Accepted and Placed on File. MOTION ADOPTED. Ms. Brown reported on a vote of 6-3, the Committee opposed the proposed Kaufman and Rosenberg amendments. Ms. Brown also advised that the Committee will move to separate out Article 4 line items 7300 Personal Services and 7300 Expenses for final consideration. 8:41 p.m. Following a period of questions on anticipated amount of Proposition 2 %2 override and explanations on budget issues by the Town Manager,the Moderator recognized Andrew Friedlich,pr.5. Mr. Friedlich moved to take up Article 16. `" " MOTION UNANIMOUSLY ADOPTED. 8:41 p.m. . Andrew Friedlich, pr.5. ARTICLE 16: LEXINGTON SKATE PARK MOTION: That$30,000 be appropriated to fund a portion of Phase II of the Lexington Skatepark located on Worthen Rd., said funds to be used with the advice of the Lexington Skatepark Committee;that to meet this appropriation $30,000 be taken from the Recreation Enterprise Fund. Following Mr. Friedlich's brief presentation the Moderator recognized Mr. Robert McConnell, Chair of a committee for Lexington Skate Park. 8:43 p.m. Charles Hornig requested a 15 minute recess, and the Moderator so declared, for the Capital Expenditures Committee to confer with the Board of Selectmen and Recreation Committee. 9:00 p.m. Mr. McConnell presented further information. 9:15 p.m. Recreation Committee Chairman Sandra Shaw reported the Committee is unanimously in favor of committing$30,000 for a one-time only payment from the Enterprise Fund and wishes to amend the motion to specify use for security fencing. � 9:18 p.m. Frank Sandy, pr.5,moved to postpone discussion to Apri128th. Sheldon Spector, pr.6, spoke in opposition to postponement. MOTION TO POSTPONE NOT ADOPTED. 9:21 p.m. Sandra Shaw moved the following substitute motion for ARTICLE 16: SUBSTITUTE MOTION: That $30,000 be appropriated from the Recreation Enterprise Fund for the Skate Park, said funds to be used by the Town for the installation of safety fencing. 192 2003 Annual Town Meeting—Adjourned Session of April I4,2003,co�:t.... Charles Horning reported the Capital Expenditures Committee unanimously supports the substitute motion. Deborah Brown reported a majority of the Appropriation Committee supports the substitute motion. � Dawn McKenna reported the Board of Selectmen unanimously opposes the substitute motion. Members questioned Mrs. Shaw and Mr. McConnell on the funding need for fencing and priorities of the skate committee, proposed amendment restriction on fund usage, and _ oversight over the area. � 9:32 p.m.. Selectman Leo McSweeney moved the following amendment to the substitute motion: "' AMENDED SUBSTITUTE MOTION: That $30,000 be appropriated from the Recreation Enterprise Fund for the Skate Park, said funds to be used by the Town for the installation of safety fencing, and that if money is left over it can be used for landscaping and events. Sheldon Spector reported the Appropriation Committee, on a vote of 7-2, supports the amended substitute motion. Charles Hornig reported the majority of the Capital Expenditures Committee recommends defeat of the amended substitute motion. Dawn McKenna reported the Board of Selectmen's unanimous support of the amended substitute motion. . 9:37 p.m. After members spoke in support and in opposition to the amended substitute motion, David Burns, pr.5,moved the question on the amendment to the amendment arid the amendment. MOTION ADOPTED. 9:39 p.m. Vote on the amendment to the amendment, MOTION ADOPTED. 9:40 p.m. Vote on the amendment as amended, MOTION ADOPTED. 9:40 p.m. Charles Hornig reported the Capital Expenditures Committee unanimously opposes the Motion as amended. Sheldon Spector reported the Appropriation Committee, on vote of 8-1, supports the Motion as amended. Dawn McKenna reported the unanimous support of the Board of Selectmen for the Motion as amended. Anthony Close reported the unanimous support of the School Committee. Questions ensued on usage of enterprise funding and insurance expenses. 9:53 p.m. Vote on motion as amended, MOTION ADOPTED. ARTICLE 4: OPERATING BUDGET 9:54 p.m. Loren Wood, pr. 3, moved the following amendment: AMENDMENT: I move that Article 4, OPERATING BUDGET, Motion of March 24, 2003, as subsequently amended,be amended in Expense line items 2410, 3000, 3600, 4100,4200, 5100, 6000, 7100, 7200, 7300, 8110, 8120, 8130, 8200, 8310, 8320, 8330, 8400, 8500, and 8600,by reducing their fundings to 97.187% of their existing fundings, and in line item 1100 by the same percentage applied to $10,853,486, and that line item 2230 Debt Service Temporary �--, Borrowing be amended by increasing its funding by the amount of said reductions. And that the amount of each said line item's appropriation that is contingent upon the approval of an override question appearing on the ballot for the Spring 2003 special election be reduced in the same manner, and that the amended appropriation for line item 2230 be contingent upon approval of said override in the amount of the sum of the above mentioned contingency reductions. 9:57 p.m. Deborah Brown reported the Appropriation Committee's unanimous � opposition. Leo McSweeney reported the Board of Selectmen's unanimous opposition. Tony Close reported the School Committee's unanimous opposition. - -- __ _ - - ___ . _ _ _ _ ____ --- -__ _-- . � 193 2003 Annual Town Meeting—Adjourned Session of April l4,2003,cont.... 9:59 p.m. AMENDMENT NOT ADOPTED. 9:59 p.m. Deborah Brown moved to postpone further discussion on Article 4 until the separated out line items 3000 and 8600 axe voted. 10:00 p.m. Charles Hornig,pr.8, served Notice of Reconsideration on Article 16. 10:00 p:m. Motion for postponement of Article 4 ADOPTED. ARTICLE 4- OPERATING BUDGET—Line Item 3000: DPW General Expenses 10:00 p.m. Dawn McKenna spoke on her intent to move an amendment for this line item,the moved the following amendment to Article 4, line item 3000 DPW General '-"" Expenses: AMENDMENT: The amount to be appropriated under Article 4, Line Item 3000 DPW General Expenses be amended to read$4,094,797. Mrs. McKenna explained the justification of the proposed amendment was to eliminate the position of Solid Waste Coordinator. 10:04 p.m. Selectman William Kennedy explained the Solid Waste Coordinator position was a valuable position for the town and reported a majority of the Board of Selectmen opposed the amendment. 10:06 p.m. Department of Public Works Director William Hadley explained the diverse responsibilities of the Solid Waste Coordinator and spoke in opposition to the amendment. 10:09 p.m. Deborah Brown reported the Appropriation Committee's unanimous opposition. 10:10 p.m. Selectman Peter Kelley spoke in support of the amendment and in support of weekly recycling. 10:13 p.m. Anthony Close reported the School Committee had no position on the . � proposed amendment. Following discussion in support and in opposition of the amendment, and on options for funding the FY04 budget, Charles Lamb,pr.4, called the question. lbff��03�i�fl�' ��}j}'�E�j; AMENDMENT NOT ADOPTED ]dmh 6/30/03] . ARTICLE 4—OPERATING BUDGET—Line Item 3000: DPW General Expenses 10:32 p.m. Fred Rosenberg,pr.9,moved the following amendment to Article 4, line item 3000: AMENDMENT: Article 4, line item 3000 DPW General Expenses be amended by changing "Provided, however,that$204,000 of the appropriation is contingent upon the approval of an override question appearing on the ballot for the spring 2003 special election."to "Provided, however,that$240,760 of the appropriation is contingent upon the approval of an override question appearing on the ballot for the Spring 2003 special election." Mr. Rosenberg explained the intent of this amendment was to place weekly recycling on the override. 10:36 p.m. Following discussion on Article 4 funding scenarios should the amendment � be adopted a brief recess was called. �... 10:45 p.m. Discussion followed on possible override amount and Selectmen support. 10:50 p.m. Deborah Brown reported the Appropriation Committee's opposition to the Amendment, on a vote of 7-2. Anthony Close reported the School Committee strongly supported the process followed and opposed the amendment. Further discussion ensued in support and in opposition to the Rosenberg Amendment. 10:59 p.m. AMENDMENT NOT ADOPTED. 11:00 p.m Vote on Article 4, Line Item 3000, MOTION ADOPTED. 194 2003 Annual Town Meeting—Adjourned Session of April 14,2003,cont.... 11:00 p.m: Deborah Brown served Notice of Reconsideration on Article 4, Line Item 3000. 11:01 p.m. Deborah Brown served notice that the Appropriation Committee may move to rescind the amendment adopted for Article 4, Line Item 7300 Personal Services and Line Item 7300 Expenses, and seeks to preserve that option. After an inquiry from the membership,Ms. Brown explained the Appropriation Committee has been following up on the Liberty Ride presentation and is looking for a final reconciliation of accounts as there may be an unreported deficit. 11:04 p.m. Ephraim Weiss,pr.5, moved the meeting be adjourned unti18:00 p:m., Monday, April 28, 2003, at the National Heritage Museum. MOTION ADOPTED. A true copy: r p.ti, A� �}��vr Donna M. Hooper, Town 'lerk � i I � ,-� J ___ __ _ � _ _ _ _ __ _ __ _ __ _ _ 1 � 5 Adjourned Session of the 2003 ANNUAL TOWN MEETING April 28,2003 The seventh session of the 2003 Annual Town Meeting was called to order by Moderator Margery M. Battin, at 8:00 p.m., at the National Heritage Museum, 33 Marrett Road. A quorum of 177 members was present. The Moderator explained proceedings for the evening. Selectman Leo McSweeney explained should the town proceed with a vote to override proposition 2 %2 on June 2"a the Selectmen would have to call the question this evening. ARTICLE 2: REPORTS of TOWN OFFICERS,BOARDS, COMMITTEES John Rosenberg, on behalf of the Capital Expenditures Committee and Chairman Shirley Stolz,recognized the contributions of Charles Hornig for his six years service on the Committee. Mr. Hornig then presented the Capital Expenditures Committee's remaining report on the big-ticket capital budget. 8:18 p.m. ATICLE 4: OPERATING BUDGET-Line Item 8600: Management Information Systems 8600 MIS Personal Services 153,280 (Of which$28,064 is to be transferred from the Water Enterprise Fund and$28,064 is to be transferred from the Sewer Enterprise Fund.) 8600 MIS Expenses 175,220 (Provided,however,that$34,320 of the appropriation is contingent upon the approval of an override question appearing on the ballot for the Spring 2003 special election.j 8:19 p.m. David Kaufman,pr.6,moved the following amendment: AMENDMENT: Line item 8600 MIS Expenses be amended by (�' replacing the sentence "Provided, however that $34,320 of the appropriation is contingent upon the approval of an override question � - appearing on the ballot for the spring 2003 special election." YVith the following: "Provided, however that $48,020 of the appropriation is contingent upon the approval of an override question appearing on the ballot for the spring 2003 special election." Mr. Kaufman explained the amendment's purpose is to provide ongoing revenue stream for future years. 8:23 p.m. Leo McSweeney reported the Selectmen's unanimous opposition. 8:23 p.m. Deborah Brown reported the Appropriation Committee's 7-2 vote in opposition. 8:24 p.m. AMENDMENT NOT ADOPTED. 8:24 p.m. Vote ARTICLE 4, LINE ITEM 8600 MIS Personal Services and 8600 MIS Expenses; MOTION ADOPTED. 8:24 p.m. Deborah Brown, Appropriation Committee served Notice of Reconsideration on Article 4, Line item 8600 MIS Personal Services and 8600 MIS � Expenses. �_ 8:25 p.m. Richard Canale, pr.9, explained information previously submitted to Town Meeting regarding revenue collected from 2002 Liberty Ride operations and the intent of the Tourism Committee to move to rescind the vote of the March 26�' session when funding for 2003 Liberty Ride operations was approved. Mr. Canale further explained the Tourism Committee would be opposing rescinding and hoped the members would also oppose. 19fi 2002 Annual Town Meeting—Adjourned Session ofApri[28,2003 cont... 8:27 p.m. Richard Canale,pr.9,moved: ARTICLE 4: OPERATING BUDGET—Line Item 7300 MOTION: I move to rescind the amendment you voted on March 26 to Article 4, line item 7300 Economic Development Personal Services and line item 7300 Economic Development Expenses to include funding for the Liberty Ride as shown on the screen. As amended March 26,2003: 7300 Economic Development Personal Services 77,720 (Provided,however,that$58,240 of the appropriation is contingent upon the approval of � an override question appearing on the ballot for the spring 2003 special election.) 7300 Economic Development Expenses62,051 (Of which$30,758 of the expenses for operating the Liberty Ride be funded by the receipt of$30,758 in anticipated revenues.) (Provided,however,that$5,350 of the appropriation is contingent upon the approval of an override question appearing on the ballot for the Spring 2003 special election.) 8:30 p.m. Leo McSweeney reported a majority of the Board of Selectmen opposes rescinding. 8:31 p.m. Deborah Brown, Appropriation Committee, spoke on the inaccuracy of the information presented on March 26th,reviewed the current accurate Liberty Ride revenues from 2002 operations, and reported an majority of the Appropriation Committee (7-2)opposes rescinding. 8:32 p.m. Motion to Rescind NOT ADOPTED. 8:32 p.m. ARTICLE 4: OPERATING BUDGET Deborah Brown reported the Appropriation Committee's unanimous support for Article 4. �--, Following brief comments the Moderator called for a vote on Article 4, as Amended. i 8:35 p.m. Motion under ARTICLE 4 as AMENDED, ADOPTED. `J 8:36 p.m. Deborah Brown, Appropriation Committee, served Notice of Reconsideration on Article 4. 8:36 p.m. Selectman Leo McSweeney moved a 90 minute recess to discuss the DPW/Senior Center Re-evaluation Advisory Committee Report. The Moderator declared a recess for the presentation of the Report by Committee Chairman Paul Lapointe and discussion by the membership. 10:05 p.m. The Moderator declared the meeting in session. 10:05 p.m. Presented by Selectman William Kennedy. ARTICLE 8 (I) : CAPITAL PROJECTS AND EQUIPMENT—Town Building Envelope MOTION: 8 (1)—Town Building Envelope Program- $260,180 and to raise such amount$60,180 be raised in the tax levy and that the Treasurer with the approval of the Board of Selectmen is authorized to borrow$200,000 under G.L. c.44, section 7(3A)or any other enabling authority. " 10:08 p.m. Enablement Committee Chairman Victoria Buckley spoke in support of efforts to further the accessibility of town facilities. 10:13 p.m Narain Bhatia, Capital Expenditures Committee moved the following: SUBSTITUTE MOTION: Town Building Envelope Program - $240,180 and to raise such amount$60,180 be raised in the tax levy and that the Treasurer with the approval of the Board of Selectmen is authorized to borrow$180,000 under G.L.c. 44, §7(3A) or any other enabling authority. ___- - -__ __ __----- _ __ _ _ __ --_ __ _ _ _ ___ _ _ _ _ _ . ____ __ _ _--- -_ �_ 197 2002 Annual Town Meeting—Adjourned Session of April 28,2003 cont... Mr. Bhatia explairied in light of anticipated reduced cost for necessary improvements at Fire Headquarters,the amendment would reduce the amount requested to be funded and authorized to be borrowed. Mr. Bhatia reported the Appropriation Committee unanimously recommends the substitute motion. William Kennedy reported the Board of Selectmen's unanimous support of the substitute motion. Sheldon Spector reported the Appropriation Committee's unanimous support of the substitute motion. 10:17 p.m. SUBSTITUTE MOTION ADOPTED. � Discussion followed on expenditures for work completed and future work needed at the �` - Cary Memorial Building, as well as public access to Fire Headquarters. 10:28 p.m The Moderator declared the Motion for ARTICLE 8 (1) as amended, ADOPTED by more than the required two-thirds vote. � 10:28 p.m. Narain Bhatia, Capital Expenditures Committee, served Notice of Reconsideration on Article 8 (1). 10:29 p.m. Presented by Selectman Leo McSweeney. ARTICLE 31: USE OF FUNDS TO REDUCE THE TAX RATE MOTION: That the sum of$640,333 be appropriated to reduce the tax levy for the fiscal year beginning July 1, 2003, and that such amount be transferred from the Unreserved Fund Balance. Appropriation Committee Chairman Deborah Brown reported�the Appropriation Committee's agreement and unanimous support of the motion. A brief discussion ensued on potential impact of any possible reconsideration of . financial articles prior to dissolution of the meeting and remaining free cash balance and r-- bond rating impact. _ 10:35 p.m MOTION ADOPTED. 10:36 p.m. Selectman Leo McSweeney moved to postpone debate on articles 12, 14, 23, and 25 until April 30�'. MOTION ADOPTED. 10:36 p.m. Deborah Brown,Appropriation Committee, served Notice of Reconsideration on Article 31. 10:36 p.m. Selectman Leo McSweeney moved the meeting be adjourned until 8:00 p.m., Wednesday, April 30, 2003, at the National Heritage Museum. MOTION ADOPTED. A true copy: ��,' /t Donna M. Hooper, Town erk � � 198 Adjourned Session of the 2003 ANNUAL TOWN MEETING Apri130,2003 The eighth and final session of the 2003 Annual Town Meeting was called to order by Moderator Margery M. Battin, at 8:00 p.m., at the National Heritage Museum, 33 Marrett Road. A quorum of 162 members was present. The Moderator extended appreciation to Museum Director John Ott for his generosity in providing the venue for this year's meeting, along with cable provider RCN for broadcasting the meeting. r--} 8:08 p.m. Selectman Leo McSweeney moved the meeting take up articles 25, 14, 12, 23 ! a,b,c,d, in that order. MOTION ADOPTED. �°. ARTICLE 2: REPORTS OF TOWN OFFICERS,BOARDS, COMMITTEES 8:09 p.m DPW/Senior Center Re-evaluation Siting Committee Chairman Paul Lapointe � reviewed discussion points collected from the recess of Apri128th. 8:20 p.m. Eric Michelson,Appropriation Committee,moved the Appropriation Committee's Report on Chapter 90 Funds be accepted and placed on file. MOTION ADOPTED. 8:21 p.m. Presented by Selectman Jeanne Krieger. ARTICLE 25: 201 BEDFORD STREET DISPOSITION MOTION: Resolved: That the Town Meeting hereby urges the Board of Selectmen to continue to explore and identify any and all options available to it to facilitate the construction of a senior center and the construction or reconstruction of a DPW facility. DPW/Senior Center Reevaluation Committee Chairman Paul Lapointe explained the motion and intent to return to Town Meeting. Mr. Lapointe reported the Committee's request the motion be adopted. ,-, Selectman Jeanne Krieger commented further and reported the unanimous support of the I Board of Selectmen. '`` Paul Hamburger reported the unanimous support of the Appropriation Committee. John Rosenberg reported the unanimous support of the Capital Expenditures Comrnittee. Discussion ensued on possible future use of current Senior Center,possible provision for services to the youth, and steps to proceed. � 8:30 p.m. MOTION UNANIMOUSLY ADOPTED 8:30 p.m. Presented by Selectman Leo McSweeney ARTICLE 14: SENIOR CENTER FACILITY MOTION: That$30,000 is appropriated for architectural and engineering services for planning a new senior center, and that to meet this appropriation, $30,000 be transferred from the amount appropriated under Article 8 of the Warrant for the 2000 Annual Town Meeting. Marion Cohen, Council on Aging, reported on the need for a new Senior Center. 8:43 p.m. Paul Hamburger reported the support, on a vote of 8-1, of the Appropriation Committee. ..� Selectman Leo McSweeney moved the following: - � AMENDMENT: That the words "for architectural and engineering"be deleted `.-� and after"appropriated" add the words "for architectural, engineering and other professional". 8:52 p.m. AMENDMENT ADOPTED. 8:53 p.m. John Rosenberg commented on needs for voting this article and funds authorized at the 2000 Annual Town Meeting and reported the unanimous support of the Capital Expenditures Committee. _ __ _ __ __ ___ ___ ____ __ ___--.__ _ _ __ _ _ _ __-- __ 1- 2003 Annual Town Meeting—Adjourned Session of Apri[30,2003, cont... 19 9 8:55 p.m. Peter Kelley presented a minority report of the Board of Selectmen and spoke in opposition to the motion as amended. Paul Hamburger reported the support of the Appropriation Committee for the motion as amended(8-1). Leo McSweeney reported the support of the Board of Selectmen for the motion as amended(3-2). � Discussion ensued in support and in opposition,from members of the audience and Town Meeting members, regarding need for a new Senior Center,possible inclusion of a � _ multigenerational center, space needs,prioritization of needs and costs, estimated timelines, and senior usage of school buildings. 9:30 p.m. Fred Rosenberg,pr.9,moved the question. MOTION ADOPTED. 9:31 p.m. Council on Aging member Dan Fenn summarized points on proceeding forward. 9:34 p.m. MOTION ADOPTED. 9:35 p.m. Presented by Selectman Jeanne Krieger. ARTICLE 12: DPW OPERATIONS FACILITY MOTION: That this article be indefinitely postponed. 9:35 p.m. Public Works Director William Hadley summarized reasons for Indefinite Postponement. � 9:35 p.m. MOTION ADOPTED 9:37 p.m. Presented by Joyce Miller,pr.7. ARTICLE 23: CONSERVATION LAND TRANSFERS Article 23(a) Highland Avenue,Map 31 Parce190C MOTION: That the care, custody,management and control of approximately 14.7 acres of town-owned land on Highland Avenue, as shown on Assessor Map 31, �' parcel 90C, be transferred to the Conservation Commission pursuant to M.G.L. c.40, I §8C for conservation purposes. � �_ Joyce Miller explained request for land transfer. Leo McSweeney reported the unanimous support of the Board of Selectmen for 23(a). Charles Horning reported the unanimous support of the Capital Expenditures Committee for 23(a). 9:42 p.m. MOTION UNANIMOUSLY ADOPTED Article 23(b)Bedford Street,Map 64, Parce1102D MOTION: That this article be indefinitely postponed. Joyce Miller explained request for indefinite postponement. 9:42 p.m. MOTION UNANIMOUSLY ADOPTED Article 23{c)North Street Sand Pits,Map 69, Parce199 MOTION: That this article be indefinitely postponed. Joyce Miller explained request for indefinite postponement. 9:43 p.m. MOTION UNANIMOUSLY ADOPTED. Article 23(d) North Street Sand Pits,Map 68,Parce145 MOTION: That this article be indefinitely postponed. Joyce Miller explained request for indefinite postponement. 9:45 p.m. MOTION LINANIMOUSLY ADOPTED. Michael Young, Intern, was recognized for his role in the 2003 Anrival Town Meeting and the invaluable assistance and service provided. 9:47 p.m. Selectman Leo McSweeney moved the 2003 Annual Town Meeting be DISSOLVED. MOTION UNANIMOUSLY ADOPTED. A true copy: Donna M. Hooper, Town Cl k 200 SPECIAL ELECTION (SEE WARRANT FILE) MONDAY, JUNE 02,2003 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Monday, June 02, 2003 at 7:00 a.m. The following places were designated as the voting places for the various precincts: Precinct One, Harrington School; Precinct Two, Bowman School; Precinct Three, Jonas Clarke Middle School; Precinct Four, Bridge School; Precinct Five, Fiske School; Precinct Six, William Diamond Middle School; Precinct Seven, Joseph Estabrook _ School; Precinct Eight, Central Fire Station; Precinct Nine, Maria Hastings School �� The election officers and Wardens of the various precincts were assigned for ,.� duty as follows: Precinct One Precinct Two U Richard Pemberton Warden D Gerald Abegg D Margaret Blouin Clerk D Rebecca Fagan Co-Clerk R Hazel Allison Inspector U Dorothy Bond Co-Clerk D Robert Blouin Inspector U Clifford Pehrson (PM) D Samuel Berman (PM) Inspector D Eileen McAlduff (PM) U Doris Pemberton Inspector D Arline Bums (AM) U Barry Sampson Inspector D Jane Gharibian (AM) U Martha Shurtleff Inspector D Leonora Feeney(PM) Inspector D Elizabeth McLaughlin (AM) Inspector U Lillian MacArthur(AM) Inspector U Susanne Hays Inspector D Donna Alexson (PM) Inspector U Margaret Kelly (AM) Precinct Three Precinct Four U David Kanter Warden D Gulli Kula U Faith Fenske Clerk U Robert Bennett II U Alice Hopkins Inspector U Elizabeth Fleming U Lillian Drury (PM) Inspector U Mary Devoe D Rita Casey Inspector U Doris Berkstresser D Robert Tracey (Part Day) Inspector R Dana Regillo �� U Laura Welby (PM) Inspector U Beverly Aker D Mary Ann McKenna Inspector U Eleanor Smith i D Eleanor Greenway Inspector D Renee Reynolds (AM) Inspector Precinct Five Precinct Six D Eric Kula Warden R Dorothy Boggia R Robert Edwards Clerk U Harriett Morrison U Alice Stringos Inspector U Alla Fedus D Maureen Brown Inspector D Harriet Stettiner (PM) R Doris Barclay (PM) Inspector R Shirley Bullock D Catherine Rego (PM) Inspector D Hazel Graham R Carole Scalise (AM) Inspector R Elizabeth Adam R Marilyn Ford (AM) Inspector R Barbara Simmons D Priscilla Winter Inspector R William Simmons D Nancy Hubert(PM) Inspector D Francine Edwards (AM) Inspector R Dorothy Gauthier (PM) Inspector Precinct Seven Precinct Eiaht D Alice Pierce Warden U Leo Chudigian U Bernice Gerrig Cterk U Judith Chudigian D Robert Greenway . Inspector R Eleanor Bettencourt D Edna Holloran Inspector U Ann Diamond D Mildred Collentro Inspector D Barbara Perrotta D Susan Johansen (PM) Inspector D Phyllis Richardson "- R Isabelle Bennett Inspector D John Ayvazian (PM) D Mary Ayvazian Inspector U Audrey Hosford (PM) D William Johansen Inspector D Audrey Deshler(AM) Inspector U Claire Abernathy Precinct Nine U Clark Schuler Co-Warden U John Taylor Co-Warden U Grace Ayers Clerk U Carote Butler Inspector D Edith Paster (PM) D Robert Ryan Inspector D Mary Connor (PM) U Anne Taylor (AM) Inspector U Judith Schuler . U Gertrude Cullinane (AM) Inspector The election officers were sworn to the faithful performance of their duties. The polls were declared open in each precinct at seven o'clock A.M. and remained open until eight o'clock P.M., at which time, after due notice, the polls were declared closed. -___ __ ___ _ _ __. _ _ __._ _ . _ _ _ _ _ _ __ _ —_ __ _._ _ Special Election—June 2, 2003 201 Total of 19,868 registered voters eligible to vote as of May 13, 2003. Pct. Registered Democrat Green Libertarian Republican Unenrolled Other* Voters 1 2013 804 1 287 921 2 2375 1053 12 3 256 1048 3 3 2037 776 1 3 299 956 2 4 2292 923 5 3 313 1046 2 5 2293 877 5 - 2 415 991 3 6 2324 949 2 6 363 999 5 7 2267 896 3 2 319 1043 4 �: 8 2143 831 4 6 320 979 3 � 9 2124 779 4 5 271 1063 2 Total 19,868 7888 36 31 2843 9046 24 � Party;P.2—2lnter. Party,1 Consv;P.3— 1 Inter. Party, 1 Socialist;P.4—1 Inter. Party, 1 Socia/ist; P.5 —2 Inter. 3rd Party, 1 Reform; P.6 — 1 American lndependent, 1 Inter. 3rd , 2 Socialist, 1 Reform, 1 Inter. 3'� Pa►ty; P.7 — 3 Inter. 3rd Parfy,1 Reform; P.8 — 1 American Independent, 1 Green Parfy USA, 1 /nter. 3'd Parfy, ;P.9—2 Green Party USA Election results were delivered to the Town Clerk at the Town Office Building. 53% of the registered voters cast their vote. The Town Clerk and Board of Registrars canvassed the results as follows: ABSENTEE BALLOT BREAKDOWN Ballots Ballots Returned Applications Timely Late/Not Ballots Pct Processed Returned Returned/ Counted Re'ected 1 42 41 1 41 2 54 54 0 54 3 44 40 4 40 4 68 65 3 65 � 5 75 70 5 70 I 6 75 71 4 71 �__ 7 51 48 3 48 8 41 40 1 40 9 47 45 2 45 Totals 497 474 23 474 Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL Registered 2013 2375 2037 2292 2293 2324 2267 2143 2124 19868 Voters Total Votes 1163 1457 1015 1376 1322 1461 1380 1338 1191 11703 Percent 58% 61% 50% 60% 58% 63% 61% 62% 56% 59% QUESTION: Shall the Town of Lexington be allowed to assess an additional $4,957,000 in real estate and personal property taxes for the purpose of police, fire, school, public works, finance, planning, Lexpress, library, youth, senior, disabled, community development, town clerk, and MIS services, and for certain capital projects and equipment related thereto including the purchase of a fire truck,for the fiscal year beginning July first,#wo thousand and three. Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL �' YES 462 809 467 723 582 761 679 689 462 5634 � NO 695 636 545 651 735 696 697 641 723 6019 '�- -- BLANKS 6 12 3 2 5 4 4 8 6 50 A true copy. p'� r; Attest: ��" Donna M. Hooper, To Clerk 202 Neal E. Boyle, Jr. , 23 Pine Knoll Road, Town Meeting Member from Precinct 7, with a term to expire in March 2004, removed from town and terminated as a Town Meeting Member from Precinct 7 effective June 6, 2003. Special Election - Precinct 7 Town Meeting July 28, 2003 A special election of Town Meeting Members of Precinct SEVEN was �'l held on Monday, July 2�, 2003 at 7:00 p.m. , Clarke Middle School, { to elect a member to fill the unexpired term ending March 2004 of ,�,J Neal E. Boyle due to his removal from town. A quorum of 17 Town Meeting Members was present. Meeting Chairman: Marsha Baker Meeting Clerk: Steven Colman The election was held by secret ballot, counted by the Chairman and Clerk. Results as follows: Patricia Elen Costello 15 Philip L. Morse-Fortier 2 It is declared that Patricia Elen Costello, 9 Preston Road, is elected to fill the unexpired term of Neal E. Boyle, ending in March 2004. Chairman: /s/ Marsha E. Baker Clerk: /s/ Steven L. Colman �� I Dated: July 28, 2003 J A true copy. Attest: , 6�'vr� �� a�e� Donna M. Hooper, Town Cl�erk �--, i � � __-- -_ __ ____ _ _ _ . _ , ___ ____ _ __ _ _ 203 2003 SPECIAL TOWN MEETING July 28,2003 (See Warrant File for Warrant) The first session of the Special Town Meeting of July 28, 2003 was cal(ed to order by Moderator Margery M. Battin, at 8:12 p.m., at the Clarke Middle School, 17 Stedman Road. A quorum of 175 members was present. Town Clerk Donna M. Hooper read the Warrant for the Meeting until waived. The Town Clerk read the Constable's Return of the Warrant. The Moderator reviewed procedural matters and explained anticipated Article order and reports to be made to the meeting. Fire Chief Peter Torode reviewed procedures for emergency exit from the auditorium The Moderator declared the meeting open under Article 1 and would be so during the duration of the meeting. ARTICLE 1: REPORTS OF TOWN BOARDS,OFFICERS,COMMITTEES 8:26 p.m. Marshall Derby reported the upcoming Open House on July 29`h sponsored by LexHab at their newly constructed house at 3 Edna Street. 8:27 p.m. Richard Canale moved a report of the Metropolitan Area Planning Council (MAPC)be Accepted and Placed on File. Mr. Canale presented a brief report. Vote: LJNANIMOUSLY ADOPTED. 8:33 p.m. Anthony Close, School Committee Chairman,moved the report of Superintendent Joanne Benton be Accepted and Placed on File. Mr. Close requested the Moderator recognize Superintendent Benton for her oral presentation. Vote: UNANIMOUSLY ADOPTED. 8:41 p.m. Deborah Brown,Appropriation Committee Chairperson,moved the Report of the Appropriation Committee be Accepted and Placed on File. Ms. Brown explained the report. ` 9:04 p.m. Samuel Silverman, pr.5,questioned the Appropriation Committee on consequences of voting the articles tonight,possible restoration of services,and _ possible fall special town meeting required to revisit budget issues. Discussion ensued on possible action this evening, impact of adjourning, budget projections, and possible deficit. 9:22 p.m. Vote on Motion to Accept and Place on File Report of Appropriation Committee. UNANIMOUSLY ADOPTED. 9:23 p.m. Thaddeus Kochanski, 11 Aerial Street,questioned reporting of enterprise expenses and revenue. Appropriation Committee member Paul Hamburger responded. 9:25 p.m. Leo McSweeney,Chairman,Board of Selectmen, moved the Report of the Town Manager be Accepted and Placed on File. 9:26 p.m. Town Manager Richard J.White reported on the budget situation. 9:40 p.m. Vote on Motion to Accept and Place on File Report of Town Manager. UNANIMOUSLY ADOPTED. 9:44 p.m. Fred Rosenberg, pr.9,moved to take up Article 4 at this time. Discussion followed on the order of taking up articles,citizenry present interested in Lexpress operations, intent of a minority of the Board of Selectmen to address Lexpress and other budget issues under Article 2,and members commenting in favor and against taking up Article 4 out of order. � _ 9:53 p.m. Vote on motion to take up Article 4 at this time. ADOPTED. 204 July 28, 2003 Special Town Meeting, cont....... ARTICLE 4: TRANSPORTATION SERVICES 9:57 p.m. Presented by Diane Pursley,pr.l. MOTION: That$190,000 is hereby appropriated for Transportation Personal Services and Expenses(Line Item 3600)for the restoration of the Town's public transportation services for Fiscal Year 2004; and that to meet such appropriation, $115,000 shall be raised from an increase of existing parking fees, $28,000 shall be raised from fees for parking on Worthen Road, $16,000 shall be raised from fees for parking in the High School Parking Lot, $23,000 shall be transferred from available amounts on deposit in the Transportation Demand Management " Reserve Account(i.e.,the existing Lexpress Gift Account),and $8,000 shall,be raised from payments required to be made by the owners of the two Hayden ----� Avenue Properties for Transportation Demand Management, provided: (1)the � $I 15,000 portion of this appropriation to be raised from an increase of existing parking fees shall be contingent on the Selectmen voting by August 25, 2003,to raise parking fees to an amount they estimate to be sufficient to raise such revenues,(2)the $28,000 portion of this appropriation to be raised from fees for parking on Worthen Road shall be contingent on the Selectmen voting by August . 25,2003,to establish a fee structure they estimate to be sufficient to raise such revenues,and(3)the$16,000 portion of this appropriation to be raised from fees for parking in the High School Parking Lot shall be contingent on the School Committee voting by August 25;2003,to establish a fee structure they estimate to be su�cient to raise such revenues. 9:59 p.m. William Levison,Transportation Advisory Committee member and sponsor of the Article, explained requested support. Transportation Advisory Committee member Sara Arnold presented additional information on requested funding of the Town's Lexpress bus service. 10:07 p.m. Selectmen Leo McSweeney reported the majority of the Board of Selectmen is in opposition. 10:08 p.m. Planning Board member Thomas Harden,pr.8, reported, independent of financing challenges,the Planning Board is in support of Lexpress. 10:12 p.m. Cecilia Colledge, 1010 Waltham Street spoke in support of Lexpress. 10:14 p.m. Richard Canale,pr.9,continued his MAPC report, spoke in support of transportation services and Lexpress specifically. 10:19 p.m. Appropriation Committee Chairperson Deborah Brown reported the Committee's unanimous opposition,and concerns on sustainability of program and funding sources. 10:20 p.m. Camille Passamonti,7 Suzanne Road, spoke in support of Lexpress as a service for residents. 10:24 p.m. Kent Lewandrowski, 3 Angier Road, spoke in support. 10:26 p.m. Appropriations Committee Chairperson Deborah Brown, pr.7,clarified proposed fee increases. 10:27 p.m. David Kanter, pr.7, questioned Lexpress service cancellation and possible town liability should reyuired funds not be raised. Sara Arnold,Transportation Advisory Committee responded. 10:28 p.m. David Kanter, pr.7, moved the following amendment: AMENDMENT: That"student"be added on line 5 before the two instances of "parking". 10:29 p.m. Sara Arnold,Transportation Advisory Committee, reported the support of the Transportation Advisory Committee of Mr. Kanter's friendly amendment. 10:29 p.m. AMENDMENT ADOPTED. 10:29 p.m. Richard Michelson, pr.8, questioned the legality of and spoke against using the � parking fee cevenue to fund Lexpress. J 10:31 p.m. Charles Hornig, pr.8,spoke in opposition and shared Mr. Michelson's concerns. Sara Arnold responded. /�r,A�t.�ki=En�D�rvr2�S '�f- 10:36 p.m. George Burnell, _ ommittee, questioned using parking fee revenue. Town Counsel William Lahey explained the restrictions of Massachusetts General Law. 10:38 p.m. Robert Rotberg, pr3, spoke in support. 10:40 p.m. Anthony Close reported the School Committee's opposition. __ __ __ - ---- _ _ 1 __ _ __ __ __ 205 July 28, 2003 Special Town Meeting, cont....... 10:42 p.m. Leo McSweeney reported 3 of the Selectmen are opposed, 1 is in favor,and 1 questions the fees. 10:42 p.m. Dan Fenn,pr.3,spoke in support. 10:43 p.m. Residents spoke in opposition and support. 10:50 p.m. Selectman Dawn McKenna spoke in opposition. 10:54 p.m. Questioning followed from members regarding donations and sustainability for the upcoming years. Members of the Transportation Advisory Committee responded. 11:08 p.m. In response to an impending amendment to be proposed by Diane Pursley, pr.l, Elaine Dratch explained the Transportation Advisory Committee requests time to _: organize a response and would favor adjournment. 11:I S p.m. Ephraim Weiss,pr.l, moved to adjourn to Wednesday,July 30`�', 8:00 p.m., � Clarke Middle School. 11:15 p.m. MOTION for Ac�journment ADOPTED. A true copy. � �i�vT: �'�i/i9�1 Donna M.Hooper,Town Cler � � ._ 206 July 30,2003 Adjourned Session of the July 28,2003 Special Town Meeting The second session of the July 28, 2003 Special Town Meeting was called to order on July 30, 2003 by Moderator Margery M. Battin, at 8:02 p.m., at the Clarke Middle School, 17 Stedman Road. A quorum of 161 members was present. The Moderator declared the meeting open under Article 1 and would be so during the duration of the meeting. ARTICLE 1: REPORTS OF TOWN BOARDS,OFFICERS,COMMITTEES �� 8:09 p.m. Patrick Mehr,pr3,moved the Report of the Electric Utility Ad Hoc Committee be Accepted and Placed on File. Vote: UNANIMOUSLY ADOPTED ,.J Mr. Mehr provided brief comments. The Moderator declared the meeting open under Article 4 and explained a Substitute Motion will be made and that the motion being divisible, each of the three parts would be voted separately. ARTICLE 4: TRANSPORTATION SERVICES 8:16 p.m. Elaine Dratch, pr.5,explained the proposed substitute motion and moved: SUBSTITUTE MOTION: That the following amounts are hereby appropriated for Transportation Personal Services and Expenses(Line Item 3600)for the . restoration of the Town's public transportation services for Fiscal Year 2004: (A)$31,000 of which$23,000 shall be transferred from available amounts on deposit in the Transportation Demand Management Reserve Account(i.e., the existing Lexpress Gift Account),and$8,000 shall be raised from payments required to be made by the owners of two Hayden Avenue Properties for Transportation Demand Management. (B) $85,000,all of which shall be raised from fare revenues from the operation of the Town's Transportation Services,contingent on the Selectmen voting by August 25, 2003 to establish a fare structure that they estimate to be sufficient to raise such revenues. -�, (C) $107,000,ail of which shall be raised from an increase of existing parking � fees,contingent on the Selectmen voting by October 15, 2003,to raise parking fees to an amount they estimate to be sufficient to raise such revenues. 8:22 p.m. Vote on Substitute Motion: UNANIMOUSLY ADOPTED, now the Main Motion. 8:23 p.m. Diane Pursley, pr.2 and Transportation Advisory Committee(TAC)member, spoke on the now Main Motion. TAC member Sally Castleman spoke on parking revenues. 8:29 p.m. The Moderator called a recess for committees to caucus. 8:35 p.m. Victoria Buckley, 18 Bates Road, Enablement Committee Chairperson, spoke in favor of Lexpress. 8:38 p.m. Leo McSweeney reported the position of the Board of Selectmen on the motion's 3 parts as follows: A. 4 members opposed; 1 in favor B. 4 members opposed; 1 in favor C. 5 members opposed 8:39 p.m. Deborah Brown reported the position of the Appropriation Committee on the motion's 3 parts as follows: A. 4 members opposed;4 in favor B. 4 members opposed;4 in favor C. Unanimously opposed 8-0 8:40 p.m. Anthony Close reported the position of the School Committee on the motion's 3 parts as follows: � I A. IJnanimously in support .,._.� B. Unanimously in support C. No position 8:41 p.m. Members spoke in support and in opposition. 8:46 p.m. David Burns, pr.5, moved the question. MOTION ADOPTED. 8:47 p.m. Diane Pursley summarized the motion as substituted. 8:48 p.m. The Moderator called a standing vote on Article 4,as substituted, parts A,B,C. _ — __ _ _ _ _ ____ ----_ � _ ____ _ _ _ _ __ __ _ __ ------ 207 July 30, 2003 Adjourned Session of the July 28, 2003 Special Town Meeting, cont.......... 8:48 p.m. Article 4,Part A: ADOPTED: 85 in favor; 68 0 osed. Precinct Yes No 1 7 10 2 2 13 3 13 2 4 11 5 5 10 7 6 8 6 7 - 8 8 . 8 7 6 9 13 2 AL 6 9 I TOTAL 85 68 8:52 p.m. Article 4,Part B: ADOPTED: 87 in favor; 66 0 osed. Precinct Yes No 1 7 9 2 2 13 3 15 0 4 11 5 5 10 7 6 8 6 7 8 8 8 6 7 � 9 14 2 AL 6 9 TOTAL 87 66 9:00 p.m. Article 4,Part C: NOT ADOPTED: 43 in favor; 110 0 osed. Precinct Yes No 1 3 14 2 2 13 3 6 9 4 9 7 5 8 9 6 1 12 7 0 16 8 5 8 9 7 9 AL 2 13 -- TOTAL 43 110 9:00 p.m. Deborah Brown, Appropriation Committee, served Notice of Reconsideration of Article 4, Parts A,B,C. ARTICLE 2: OPERATING AND CAPITAL BUDGET 9:00 p.m. Presented by Selectman Leo McSweeney MOTION: Indefinite Postponement. Selectman McSweeney spoke in support of Indefinite Postponement. 9:04 p.m. William Hadley, Director of Public Works, summarized services provided by the Department of Public Works. 9:08 p.m. Selectman Dawn McKenna spoke on a pending substitute motion supported by Selectmen McKenna and Kelley,and then moved the following: SUBSTITUTE MOTION: That, in addition to the amounts appropriated therefor at the 2003 Annual Town Meeting,the following supplemental appropriations,aggregating$529,948,are hereby made for the following purposes for Fiscal Year 2004: Line 2003 ATM FY04 Supplemental Amended FY04 Item Approariation Appropriation Aporopriation 4200 Fire Department Personal $3,159,420 $300,000 $3,459,420 Services(supplemental � appropriation for personal , services for East Lexington Fire Station) L_...� 4100 Law Enforcement Personal $3,305,920 $167,704 $3,473,624 Services(supplemental appropriation for 4 additional police officers,of�vhich $44,227 is to be transferced from Unemployment Account) 3600 Transportation Personal $0 $42,000 $42,000 Seryices and Expenses (supplemental appropriation for Lexpress/Chair Car) 208 July 30,2003 Adjourned Session of the July 28, 2003 Special Town Meeting, cont.......... 710(T Community Development $537,348 $20,244 $557,592 Personal Services(supplemental appropriation for HDC Clerk ($7,844)and BOA Clerk($12,400), of which$6,820 is to be transferced from the Unemployment Account) $529,948 and that to meet the portion of such supplemental appropriations not funded from the$51,047 of transfers from the Unemployment Account identified above,(a)$20,000 shall be transferred from available funds as a result of c(oseouts of accounts held for Transportation Services,(b)$20,000 shall be transferred from available funds originally appropriated under Article 8 of the 2000 Annual Town Meeting for a Senior Center study,(c)$98,620 shall be transferred from available funds originally appropriated under Article 8 of the 2001 Annual Town Meeting for the Town Building Envelope Program,(d)$100,000 shall be transferced from available funds originally appropriated under Article 8 of the 2002 Annual Town Meeting for the Town Building Envelope Program,(e)the$30,000 appropriation under Article 14 of the 2003 Annual Town Meeting for the Senior Center Study shall be rescinded,and(�the following appropriations made under Article 4 at the 2003 Annual Town Meeting for the following budget line items are hereby reduced as indicated below,provided that,as a result of certain of such reductions in personal services expenses,a portion of such reductions in the amounts identified below shall be transferred to the Unemployment Account: 2003 ATM Amended Line FY04 Amount of FY04 Transfer to item Aaaropriation Reduction A�aroariation Unemplovment 2310 Reserve Fund $I50,000 $22,500 $127,500 $0 2410 Municipal Services and $43,576 $34,861 $8,715 $7>000 Expenses Persona( Services(reduction in organizational interns and seasonal employees) 2410 Municipal Servicesand $97,400 $37,110 $60,290 $0 Expenses(includes Consulting fees) 3000 DPW Personal Services $2,881,047 $51,706 $2,829,341 $(5,360 (reduction in solid waste coordinator position) 3000 DPW Generai Gxpenses $3,949,397 $32,000 $3,917,397 $0 (reduction in NESWC reserves) 5100 Library Expenses $274,003 $10,000 $264,003 $0 (reduction in computer equipment) 7100 Community $557,592 $46,944 $510,648 $0 Development Personal (as amended Services(elimination above) of new position for Conservation Assistant and reduction in Asst. Director of Community Development) 8110 Board of Selectmen $60,813 $4,924 $55,889 $0 Administration Personal Services(reduction in Board of Selectmen salary) 8400 Finance Expenses $259,900 $15,000 $244,900 $0 9:19 p.m. Selectman Peter Kelley spoke on the substitute motion. 9:20 p.m. Anthony Close,pr.9, reported the School Committee had no position on the Substitute Motion. Deborah Brown, pr.7,reported the unanimous opposition of the Appropriation ' � Committee. George Burnell, pr.7, reported the unanimous opposition of the Capital --' Expenditures Committee. 9:21 p.m. Robert Beckwitt, 3 Eliot Road, requested support ofthe substitute motion. 9:22 p.m. The Moderator reported many Board and Committee chairpersons were prepared to speak if the substitute motion is adopted and becomes the main motion. 9:24 p.m. James Avery, pr.2,requested Police Chief Christopher Casey be recognized to speak on the substitute motion. Chief Casey spoke in support of substitution. 9:27 p.m. Members spoke in opposition and support of the substitute motion. 9:37 p.m. Euge�ie Beauchemin, pr.l,requested the Moderator recognize Richard Sullivan, 8 Manning St.,to speak in Support. _ _ _.- -----_ _ _ _ _ __ � _ _ _ ___ __ _ ___ _ _ __ _ _ ____ _ ____ __ 209 July 30, 2003 Adjourned Session of the July 28, 2003 Special Town Meeting, cont.......... 9:41 p.m. Jeanne Krieger reported the majority of the Board of Selectmen is opposed to substitution. 9:42 p.m. Marsha Baker,pr.7,moved the question. MOTION ADOPTED 9:47 p.m. The Moderator called for a standing vote on Substitute Motion for Article 2,vote tallied as follows: 9:47 p.m. With 43 In Favor, I 15 Opposed; Motion to Substitute NOT ADOPTED. Precinct Yes No 1 9 8 2 8 8 3 4 11 4 2 15 5 9 9 ' 6 2 12 — 7 I 15 8 2 12 9 4 12 AL 2 13 TOTAL 43 115 9:47 p.m. Vote on Main Motion-Indefinite Postponement. ADOPTED 9:4'7 p.m. Deborah Brown,Appropriation Committee,served Notice of Reconsideration of Article 2. 9:48 p.m. Olga Guttag Moved Article 3 be taken up after Article 5. UNANIMOUSLY ADOPTED. ARTICLE 5: PUBLIC SAFETY 9:49 p.m. Presented by John Rossi,pr.l. Part I: MOTION: That, in addition to amounts appropriated therefore at the 2003 Annual Town Meeting, $366,846 is hereby appropriated for the Public Safety budget for Fiscal Year 2004,of which $l 54,346 is appropriated for Law Enforcement(Line Item 4100)and$212,500 is appropriated for Fire Services(Line Item 4200)and may be expended for Personal Services and/or Expenses under such budget line items;that to � meet this appropriation $190,676 shall be funded from parking fees, $48,698 shall be funded from revenues from continuation of the second � __ ambulance,$34,950 sha(I be funded from increased revenues due to Fire Inspectional fee adjustments and the remaining$92,522 portion of the appropriation shall take effect only if and to the ea�tent that the Town votes under Article 2 or Article 3 of the warrant for this July 28,2003 Special Town Meeting to fund all or a portion of such amount from reductions in other appropriations made at the 2003 Annual Town Meeting for other budget line items for Fiscal Year 2004; and provided that the$190,676 portion of this appropriation to be raised from increased parking revenues and the$34,950 portion of this appropriation to be raised from increased Fire Inspectional Services fees shall be contingent on the selectmen voting by September 1,2003 to raise parking fees and Fire Inspectional Services fees to an amount sufficient to raise such increased revenues; and provided further that to the extent funding is approved by the Town from reductions in other appropriations � made at the 2003 Annual Town Meeting in an aggregate amount which is less than $92,522 or if the selectmen do not vote by September 1,2003 to raise parking fees in amount necessary to raise the $190,676 portion of � this appropriation to be funded from increased parking revenues or raise Fire Inspectional fees in an amount necessary to raise the$34,950 portion ofthis appropriation to be funded from increased Fire Inspectional fees,then the aggregate amount of the supplemental appropriation hereunder which becomes effective shall be divided � between the Law Enforcement and Fire Services budget line items in the r _ same proportion as the division of the$366,846 provided for above. 9:53 p.m. Robert Beckwitt,3 Eliot Road, spoke on his sponsorship on Article merits. 10:09 p.m. Leo McSweeney reported 3 Selectmen opposed the motion and 2 were in favor. ]0:09 p.m. Deborah Brown, pr.7,reported unanimous opposition of the Appropriation Committee. 10:11 p.m. Finance Director John Ryan explained the status of legislation authorizing possible pension deferral. 10:12 p.m. Anthony Close, pr.9,reported unanimous opposition of the School Committee. I 0:12 p.m. Narain Bhatia,pr. 9, reported unanimous opposition of the Capital Expenditures Committee. 210 July 30, 2003 Adjourned Session of the Ju[y 28,2003 Special Town Meeting, cont.......... 10:13 p.m. Members spoke in support and opposition. 10:24 p.m. Lorraine Fournier,pr.8,moved for a Call of the Roll at the time of vote. With tess than 50 in su ort,Motion for Roll Call NOT ADOPTED. Precinct Yes 1 6 2 6 3 3 4 3 5 4 6 0 7 5 �,, 8 2 9 3 AL 5 � TOTAL 37 10:26 p.m. Additional members spoke in opposition. Fred Martin,pr.7,questioned Chief Casey on resident safety. 10:33 p.m. Joyce Miller,pr.7,called the question. MOTION ADOPTED 10:34 p.m. John Rossi,pr.l,deferred to Robert Beckwitt to summarize. 10:37 p.m. Standing vote on ARTICLE 5,PART I: With 32 votin in favor and 120 in o osition,MOTION NOT ADOPTED Precinct Yes No 1 7 9 2 6 9 3 2 13 4 2 14 5 5 12 � 6 2 12 7 1 15 8 3 il 9 2 12 AL 2 13 TOTAL 32 120 ARTICLE 5,PART II: � 10:42 p.m. John Rossi, pr.l, moved: I � MOTION: That the Town adopt the following resolution: Resolved: that public safety expenditures for the police and fire department should be determined in future years independently of other town appropriations;that if there were insufficient funds to provide the necessary amounts for public safety expenditures,a ballot question seeking additional ta�ces to fund such expenditures should be submitted to the voters of Lexington by its Selectmen,which question should be independent and unbundled from other requests for funds in an override vote;and that this resolution is based on the belief that our town citizens hold public safety as a unique and essential town service at least equal if not above all others and,as a result,have the right to determine whether to provide the ' funds necessary for public safety resources directly through the ballot box. 10:42 p.m. Robert Beckwitt, 3 Eliot IZoad briefly explained the intent ofthe Resolution. VOTE on ARTICLE 5,PART II: MOTION NOT ADOPTED ARTICLE 3: OPERATING BUDGET 10:43 p.m. Olga Guttag,pr.5,moved: MOTION: Indefinite Postponement. Vote: MOTION ADOPTED. 10:44 p.m. Selectman Leo McSweeney moved the July 28,2003 Special Town Meeting be DISSOLVED. MOTION ADOPTED. A true copy. � Attest: (�Yt�l�.d�__ Donna M. Hooper,Town Clerk __ __ _ ___ _ _. _ __ � . _ .. _ _ __ _ _ ____ 211 2003 SPECIAL TOWN MEETING November 17,2003 (See Warrant File for Warrant) � The Special Town Meeting of November 17, 2003 was called to order by Moderator . Margery M. Battin, at 8:05 p.m., at the Clarke Middle School, 17 Stedman Road. A quorum of 172 members was present. . Town Clerk Donna M. Hooper read the Warrant for the Meeting until waived. The Town - Clerk read the Constable's Return of the Warrant. The Moderator reviewed procedural matters and explained anticipated Article order and reports to be made to the meeting. ` The Moderator declared the meeting open under Article 1, and would be so during the duration of the meeting. ARTICLE 1: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES � 8:14 p.m. Diane Pursley,pr.l, MOTION: That the report of the Transporta.tion Advisory Committee be accepted and placed on file. Ms. Pursley presented an update on Lexpress. 8:18 p.m. The Moderator declared the motion Unanimously Adopted. 8:19 p.m. Richard Canale,pr.9, . MOTION: That the report of the Metropolitan Area Planning Council be accepted and placed on file. Mr. Canale presented an update on activities of the MAPC. 9:21 p.m. The Moderator declared the motion Unanimously Adopted. 8:22 p.m. Deborah Brown,pr.7. MOTION: That the report of the Appropriations Committee be accepted and placed on file. . Ms. Brown provided an overview of the report, explaining the Committee's - positions on Article 2, parts"A"and"B". 835 p.m. The Moderator declared the motion Unanimously Adopted. 8:46 p.m. Marshall Derby,pr.6. MOTION: That Article 3 be taken up at this time. The Moderator declared the motion Unanimously Adopted. � 8:46 p.m. Marshall Derby,pr.6. ARTICLE 3: ZONING BYLAW, CD-6 to CRO: RANGEWAY— Lot 64 of Assessors Map 90 MOTION: That Article 3 be Indefinitely Postponed. Mr. Derby explained the request for Indefinite Postponement. 8:47 p.m. The Moderator declazed the motion Unanimously Adopted. 8:47 p.m. Selectman Leo McSweeney. ARTICLE 2: OPERATING AND CAPITAL BUDGET DIVIDED MOTION: (A) That, in addition to the amounts appropriated therefor at the 2003 Annual Town Meeting,the following supplemental appropriation in the amount of$61,000 is � hereby made for the following purpose for Fiscal Year 2004: L " Line 2003 ATM FY04 Supplemental Amended FY04 ltem Appropriation Appropriation Appropriation 1200 Regional Schools $840,4"s 1 $61,000 $901,431 and that to meet such supplemental appropriation a�d to provide for unexpected revenue shortfatls in Fiscal Year 2004,the following appropriations made at the 2003 Annual Town Meeting for the . following budget line items are hereby reduced as indicated below: 212 November 17, 2003 Special Town Meeting, cont....... Line 2003 ATM FY04 Amount of Amended FY04 Item Appropriation Reduction Appropriation 2110 Contributory Retirement $2,994,000 $1,034,797 $1,959,203 (In order to make this reduction, • the Town hereby accepts the provisions of Section 128 of Chapter 46 of the Acts of 2003) 3000 DPW Generai Expenses $3,949,397 $150,000 $3,799,397 � (reduction equals net of$350,000 reduction in NESWC reserves � and tipping fees,plus$200,000 addition for snow and ice removal) (B) That, in addition to the amount appropriated therefor at the 2003 Annual Town Meeting,the following supplemental appropriations in the aggregate amount of . $100,000 is hereby made for the following purposes for Fiscal Year 2004: � Line 2003 ATM FY04 Supplemental Amended FY04 Item . A�pro�riation Anpropriation Appropriation 4200 Fire Personal Services $3,159,420 $100,000 $3,259,420 and that to meet such supplemental appropriation,$100,000 is hereby transfened from available funds originally appropriated under Article 8 of the 2001 Annual Town Meeting for the Town Building Envelope Program. 8:46 p.m. Selectman McSweeney reported the support of a majority of the Board of Selectmen. 8:53 p.m. The Moderator explained the Meeting would discuss each part of the motion and then vote on separately. 8:54 p.m. Appropriation Committee Chairman Deborah Brown moved the following �_ amendment: � AMENDED MOTION: Line Item 2110 Contributory Retirement be amended as follows: Line 2003 ATM FY04 Amount of Amended FY04 Item Appropriation Reduction Anpropriation 2110 Contributory Retirement $2,994,000 $1,234,797 $1,759,203 (In order to make this reduction, the Town hereby accepts the � provisions of Section 128 of Chapter 46 of the Acts of 2003) 8:55 p.m. Chairman Leo McSweeney reported opposition of a majority of the Boaxd of Selectmen. 9:18 p.m. Following discussion on Pension Board authority, ma�cimum allowable Pension Holiday, and impact on future years' budgets, Ephraim Weiss,pr.5, moved the following amendment to the amendment: AMENDMENT to the AMENDMENT: Line Item 2110 Contributory Retirement be amended as follows: Line 2003 ATM FY04 Amount of Amended FY04 Item Appropriation Reduction Appropriation 2110 Contributory Retirement $2,994,000 $1,410,000 $1,584,000 (In order to make this reduction, - the Town hereby accepts the provisions of Section 128 of Chapter 46 of the Acts of 2003) 1VIr. Weiss addressed proposed amendment to the amendment. 9:22 p.m. Chairman Leo McSweeney reported the opposition of a majority of the Boazd of Se�ec°r�etn to the pr�posed amendment to the amendment. __ . __ _--- ---- _ _ _ __ _ . _ __ __ � � l3 November 17, 2003 Special Town Meeting, cont....... 9:33 p.m. Following a 10 minute recess, Chairman Deborah Brown reported the Appropriations Committee unanimously supports the proposed amendment to the amendment,with a caveat that the support not be viewed as an opportunity to restore services in 2004. Following discussion on financial impact of proposed amendment to the amendment,payback responsibilities, and impact on future budgets,the Moderator declared time for discussion over and called.for a vote. 9:59 p.m. The Moderator declared the AMENDMENT to the AMENDMENT ADOPTED. 10:00 p.m. Joel Adler,pr.l,moved the question on the amended amendment. -- 10:00 p.m. The Moderator declared the AMENDMENT, as AMENDED, ADOPTED. 10:01 p.m. Deborah Brown explained the Appropriation Committee sought to keep all in balance and proposed the following AMENDMENT to Line Item 3000 to . increase appropriation for snow&ice removal and decrease funding authorized from NESWC reserves: AMENDMENT: Line Item 3000 DPW General Expenses be amended as follows: Line 2003 ATM FY04 Amount of Amended FY04 Item Appropriation Increase Appropriation 3000 DPW General Expenses $3,949,397 $25,203 $3,974,600 (increase equals net of$174,797 � reduction in NESWC reserves and tipping fees,plus$200,000 addition for snow and ice removal) 10:05 p.m. Chairman Leo McSweeney reported a majority of the Board of Selectmen supports the amendment. 10:07 p.m. Following discussion on impact of proposed amendment on fund accessibility the Moderator declared the AMENDMENT UNANIMOUSLY . ADOPTED. -- 10:10 p.m. ARTICLE 2, section"A": Following comments on the Pension Holiday the Moderator declared Article 2,part"A"ADOPTED AS AMENDED. 10:13 p.m. ARTICLE 2, section"B": Selectman Peter Kelley explained proposed funding for reopening the East � Lexington Fire Station and responded to questions posed by the Appropriations Committee. 10:22 p.m. John Rosenberg,pr.4, Capital Expenditures Committee, reported the Committee's unanimous opposition to diverting capital funds for operations. 10:25 p.m. Selectman Jeanne Krieger reported the minority report of the Board of Selectmen in opposition to proposed funding. 10:28 p.m. Chairman Deborah Brown reported the opposition of the Appropriation Committee. Discussion ensued, in favor and against proposed FY'04 funding for station reopening. � 10:55 p.m. John Cunha,pr.8, called the question. 10:55 p.m. Selectman Peter Kelly summarized requested funding to reopen the East `� y Lexington Fire Station and encouraged support. 214 November 17, 2003 Special Town Meeting, cont....... � 10:58 p.m. Following a voice vote on Article 2,part"B",the Moderator called for a ' standing vote,tallied as follows: Precinct Yes No 1 11 7 ' 2 9 6 3 3 17 4 1 13 5 6 11 � 6 2 13 7 4 11 8 5 12 "—'' 9 3 15 At Lar e 4 13 Total 48 118 10:58 p.m. On a vote of 48 in-favor and 118 opposed,the Moderator declared the Motion under Article 2, Section"B"NOT ADOPTED. 11:03 p.m. Deborah Brown,pr.7, served Notice of Reconsideration on Article 2,parts ��A�� and �B„ 11:04 p.m. Andrew Friedlich,pr.5. ARTICLE 4: ZONING BY LAW CD-6 to CRO: 12-18 HARTWELL AVENUE MOTION: That this article be indefinitely postponed. John Farrington, representing owners of 12-18 Hartwell Avenue explained the Article would be resubmitted at the next Annual Town Meeting. 11:04 The Moderator declared the ADOPTED. 11:05 p.m. Daniel Busa, pr.l. � ARTICLE 5: SAFE HAVENS --� MOTION: That, a petition to the General Court, accompanied by a bill for a special law relating to the Town of Lexington to be filed with an attested copy of this motion be, and hereby is, approved under Clause I of Section 8 of Article II, - as amended, of the Articles of Amendment to the Constitution of the Commonwealth of Massachusetts,to the end that legislation be adopted precisely as follows, except for clerical or editorial changes of form only: PETITION FOR A SPECIAL ACT RE: THE SAFE PLACEMENT OF NEWBORNS AND INFANTS IN THE TOWN OF LEXINGTON Whereas,the General Court finds and declares that a serious public emergency exists with respect to the safety and health of newborns and infants in the Town of Lexington due to parents that abandon them;and Whereas,unless parents of newborns or infants are not protected from prosecution for their abandonment of a newbom or infant then the incidents of newborns discarded into trash receptacles or abandoned in public places will continue to occur;and Whereas,the serious public emergency should be met by the Commonwealth of Massachusetts immediately,with due regard for the rights and responsibilities of the Town of Lexington. Therefore this act is declared to be in the public interest. Section 1.Acceptance of Newborns and Infants Placed by Parents or Lawful Agents of Parents with Authorized Employees of Designated Facilities, Notwithstanding the provisions of any general or special law to the contrary and in order to promote the public good,the Massachusetts department of social services("department")shail accept for placement into foster care any newborn or infant child seven(7)days of age or younger("newborn or infant"or"child") that is voluntarily placed with a hospital emergency room licensed under general laws chapter I 11,section _ 51 in the Town of Lexington("desi�►�at�d facil�ty"),er ieft at:��tice station it: the Town of Lexington,or at a fire station in the Town of Lexington for trans�or�te s:��h!i�s�ixay e�►:.Pr;encd-room(by activating the EMS system)by a parent of a newborn or infant or by a legal agent of said parent. A voluntary placement under these provisions shall not constitute an automatic termination of parental rights or an abrogation of ___ _ _ ___ ___ __ __— __ ,_ ---- -- --—_ _ _ _ . . _ � _ _ _ __ __ 215 November 17, 2003 Special Town Meeting, cont....... parental rights or responsibilities but shall,for purposes of authorizing the depattment to initiate a petition to terminate parental rights under general laws chapter 210,be presumed to be an abandonment of the newborn or infant that has been so placed.A hospital emergency room receiving a newborn or infant shall immediately notify the department of the placement of a newborn or infant("notice").Upon receiving a notice the department shall take physical custody of the newborn or infant immediately and shall initiate all actions authorized by law to achieve the safety and permanency of the newborn or infant in a manner that is ccsnsistent with the best interests of the child;provided however,that if the newborn or infant is in need of � emergency or other medical care,the department shall not take immediate physical custody of the child until such care has been fully administered and completed to the hospital emergency room's satisfaction. -� The department shall develop and implement a protocol of communication and procedure to facilitate the placement of and provide for the custody and care of a newborn or infant.If a person claiming to be a parent or lawful agent of a parent of a newborn or infant left with a designated facility submits a request to � the department for reunification with the newbom or infant,the department shall institute the procedures currently authorized by law to identify,contact,and investigate such person or agent in order to determine, � pursuant to the applicable provisions of law,if reunification is in the best interests of the child,or if it is in the best interests of the child to terminate the parental rights of the parent. � Each hospital emergency room in the Town of Lexington shall designate members of the emergency room staff authorized("authorized employee")to take physical custody of a newborn or infant under these sections,and one(1)such nurse shall be on duty during regular business hours.Each hospital emergency room shall designate an area in the emergency room where physical custody of a newborn or infant may be taken. Each police station in the Town of Lexington and fire station in the Town of Lexington shall,to the greatest practical extent that does not interfere with the primary functions of the police station or fire station,sHall be authorized to activate the EMS system for the purpose of transfer to the hospital emergency room on receipt of physical custody of a newborn or infant under these sections. . Authorized employees at the designated facility or the EMS system shall make every effort to solicit the following information from the parent or lawful agent who is placing the newborn or infant:(1)the name of the child,(2)the name and address of the parent placing the child,(3)name and address of the parent � absent from the placement of the child for the purposes of notification and protecting the absent parent's constitutional rights with regard to parenting,(4)name and address of the person leaving the child,if not a parent,(5)the location of the child's birthplace,(6)the medical histories of the child and parents including, but not limited to,birth and medical records,if available,and(7)any other information that might reasonably assist the department or the courts of the Commonwealth in current and future determinations of the best interests of the child,including whether or not the parent plans to seek future custody of the child. The authorized employee receiving the newborn or infant shall encourage the parent or lawful agent of the parent to provide the requested information in order to ensure that the child's best interests are served,but the parent or lawful agent is not required to provide such information. The department and the designated facility shall maintain copies of forms and records,if any,collected or created as a result of placements made under these sections,and shall adhere to all applicable laws,rules,and regulations regarding the confidentiality of such forms and recards provided,however,that all information pertaining to the medical history of the newborn or lawful agent shall be forwarded by the designated facilities to the department in order to facilitate the safe and permanent placement of a child by the department. These authorized employees shall provide the parent or lawfui agent with a numbered identification bracelet. The bracelet shall be used to tink the parent to the child for identification purposes only and shall not be construed to authorize the person in possession of the bracelet to take custody of the child on demand. If parental rights have not been terminated,possession of a bracelet linking the parent or agent to a newborn or infant left with an authorized employee shall create a rebuttal presumption that the parent or lawful agent has standing to participate in a custody hearing for the child but shall not create a presumption of maternity,paternity or custody. Envelopes containing the above information(pamphlet,medical history form,and identification bracelet) , should be provided to all fire and police stations for distribution as needed. Section 2. Placement of Newborns and Infants by Parents or Lawful Agents of Parents with Authorized Employees of Designated Facilities. The act of leaving an unharmed newborn or infant with an authorized employee of a designated facility does not,by itself,constitute a basis for a finding of abuse or neglect of the child pursuant to the laws of the Commonwealth,nor does it,by itself,constitute a violation of criminal statutes for child abuse and neglect or for abandonment under General Laws Chapter 119,Section 39 when there is additional evidence that the person who left the child intended that the child be safe from physical injury or harm. If there is suspected child abuse or neglect that is not based solely on the newborn or infant having been left with an authorized (""" employee of a designated facility in compliance with these sections,the personnel of the designated facilities who are mandated reporters under General Laws,Chapter 119,Section S 1A must report the abuse or neglect. Section 3. Information Program. There shall be a public information program regarding the procedures stated in these sections including,but not limited to,the development of a pamphlet describing these aforesaid procedures,the rights and - responsibilities of the parent(s)and extended family members,the le�al consequences of placement of a newborn or infant into foster care,the relevant telephone numbers of the department or its agents and family preservation services. 216 November 17, 2003 Special Town Meeting, cont....... Such a public information program shall be funded by grants and donations not limited to,but including those from the United States Department of Health and Human Services pursuant to the Promoting Safe and Stable Families Program. Section 4. Harmonious Construction. T�his act shall be construed hannoniously to the extent practicable with any other general or special law such that all such legislation effectively provides the greatest level of safety for newborns and infants and the greatest level of equity and fairness to parents and lawful agents. Section 5. Severability. If any provision of these sections or the application of such provision to any person or circumstance shall ' be held invalid,the validity of the remainder of these sections and the applicability of such provision to - other persons or circumstances shall not be affected thereby. Section 6. Effective Date. The provisions ofthese sections shall be effective immediately upon passage. 11:OS p.m. Daniel Busa, pr.l spoke on the merits of the motion. Michael Morrisey, 15 Clelland Rd,provided an overview and showed a video. - 11:14 p.m. Chairman Leo McSweeney reported the unanimous support of the Board of Selectmen. Discussion ensued in favor and in opposition to the motion. 11:20 p.m. Alan Wrigley,pr.7, called the question. 11:21 p.m. The Moderator declared the Motion under Article 5 Adopted. � 11:22 p.m.Town Manager Richard White acknowledged the upcoming retirement of Finance Director John Ryan and Fire Chief Peter Torode. Mr. White expressed appreciation for their years of service to the Town of Lexington. The membership acknowledged its appreciation with a standing ovation: `� 11:23 p.m.Chairman Leo McSweeney moved the November 17, 2003 Special Town Meeting be Dissolved. The Moderator declared the motion adopted, and the meeting dissolved. A true copy. Attest: �� - Donna M.Hooper,Town Clerk Nonnan P. Cohen, 56 Coolidge Avenue, elected to a 3—year term as Town Meeting Member, �•pct. 6 at the 2002 Annual Town Election, removed from � Precinct 6 effective August 7, 2003. The unexpired term will be filled at the 2004 Annual Town Election, to expire DZarch March 2005. �-.� J _ __ _ - - - ____ ____ _ _ � ___ _ __- _ ___ -------- __ WARRANT FOR PRESIDENTIAL PRIMARY— (SEE WARRANT FILE) Z 1 7 PRESIDENTIAL PRIMARY—TUESDAY, MARCH 2, 2004 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Tuesday, March 2, 2004 at 7:00 a.m. The following places were designated as the voting places for the various precincts: Precinct One, Harrington School; Precinct Two, Bowman School; Precinct Three, Jonas Clarke Middle School; Precinct Four, Bridge School; Precinct Five, Fiske School; Precinct Six, William Diamond Middle School; Precinct Seven, Joseph Estabrook School; Precinct Eight, Central Fire Station; Precinct Nine, Maria Hastings School The election officers and Wardens of the various precincts were assigned for duty as follows: Precinct 1: Warden: Richard Pemberton [U]; Clerks: Margaret Blouin [D], Arthur Katz [DJ; Inspectors: Thomas Sullivan [D], Eileen McAlduff [D], Martha Shurtleff [UJ, Robert Blouin [D], Margaret Kelly [U], Jeannette Cerulli [D], Salvatore Casella [Dj, M. Colin Godfrey [D], Marita Hartshorn [D], Richard Spillane[U], Doris Pemberton [U]. � Precinct 2: Warden: Rebecca Fagan [D]; Clerks: Stacey Hamilton(D], Barry Sampson [U]; Inspectors: Arline Burns [Dj, Dorothy Bond [U], Shirley Frawley [Dj, Lillian MacArthur[U], Joseph Pato [D], Miriam Godfrey [D], Susanne Hays[U], Evangeline Puopolo [U], Donna Alexson [D], Marilyn Ford [RJ, Clifford Pehrson[U], Joyce Defandorf[U], Neva Reiner[D]. Precinct 3: Warden: David Kanter [U] ; Clerks: Samuel Berman [D], Faith Fenske [U]; Inspectors: Maarib Bazzaz[D], M. Elinor Greenway[D], Francine Edwards [D], Robert Tracey[D], Anthony Sacco [U], Richard Harding [R], Ruth Thomas [D], Rita Casey [D], Susan Solomon [R], Laura Welby[U], Elizabeth McLaughlin [D], Lillian Drury[U]. Precinct 4: Warden: Gulli Kula [D]; Clerks: Robert W. Bennett [U], Jane Gharibian [D]; Inspectors: Elizabeth Fleming [UJ, Doris Berkstresser [U], Gladys Snyder [R], Barbara Sandler [U], Raymond Flynn [R), Lynda Laurence [D], Dana Regillo [R]; Virginia Weinberger [D], Mary Devoe[UJ, Eleanor Smith [U], Mary Merrill [R]. Precinct 5: Warden: Eric Kula [D]; Clerks: Linda Cohen [U], Norman Cohen [U]; Inspectors: Alfred Fine [D], Renee Fine [D], Timothy John Quinlan [R], Robert Edwards [R], Donna Keane [Uj, Dorothy Gauthier [R], C. Jean Coates [U], William Frawley [D�, Henry Beerman [D], Mabel Amar[D], D. Barbara Ciampa[D], Raymond Massey[D]. Precinct 6: Warden: Dorothy Boggia [R]; Clerks: Harriet Morrison [U], Grace Ayers [U); Inspectors: E. Ashley Rooney [D], Catherine Rego [Dj, Susan Folger [UJ, Hazel Graham [D], Carolyn Murphy [U], Maureen Brown [D], Charles Price [U], D. Peter Lund [Rj, William Simmons [Rj, Barbara Simmons[R],Alla Fedus[U], Burton Smith [R]. Precinct 7: Warden: Gerald Abegg [D]; Clerks: Margaret Bradley [D], Bernice Gerrig (U]; � Inspectors: Alice Pierce [D], Sylvia Haroules [U], Henry Torpey [R], Adele Barnes [R], Mary Ayvazian [D], Mildred Collentro [D], Isabelle Bennett [R], Charlotte Ford [D], Robert Greenway [DJ, Edna Holloran [D]. �` Precinct 8: Warden: Leo Chudigian [U]; Clerks: Judith Chudigian [U], Barbara Perrotta [D]; Inspectors: Ann Diamond [U], Richard Eaton [U], Doris Barclay [R], Claire Abernathy [U], John Ayvazian [D], Anne Conceison [U], Elinor Bettencourt [R], Julie Miller [U], H. Bigelow Moore (U], Jean Misumi [D],Anthony Montagna[U�, Barbara Moore[U]. Precinct 9: Warden: Duncan MacQueen [Uj; Clerks: Clark Schuler [U], Carole Scalise [R]; Inspectors: Edith Paster[D], Judith O'Leary[D],Anne Taylor[Uj, Janet Lowther[R], Beverly Aker [U], Carole Butler[U], Judith Schuler[U), Angela Marcucci [UJ, Dorothy Bolduc[U], Gertrude Faye Cullinane[U], Robert Ryan [D]. The election officers were sworn to the faithful performance of their duties. The polls were declared open in each precinct at seven o'clock A.M. and remained open until eight o'clock P.M., at which time, after due notice, the polls were declared closed. Total of 20,120 registered voters eligible to vote as of February 11, 2004: Pct. Registered Democrat Green- Libertarian Republican Unenrolled Other"` Voters Rainbow 1 2,007 787 1 3 271 944 1 2 2,396 1,057 13 3 257 1,063 3 3 2,077 8�8 4 3 286 982 2 4 2,334 948 3 3 304 1,074 2 5 2,309 892 5 2 39� 1,010 2 6 2,350 968 2 6 364 1,006 4 � 7 2,295 905 2 4 301 1,079 4 8 2,197 845 5 8 320 1,015 4 L � 9 2,155 800 5 6 261 1,079 4 Total 20,120 8,002 40 38 2,762 9,252 26 *Political Designations include: American Independent, Conservative, Green Party USA, Interdependent 3'd Party, Reform, Socialist, and Time Sizing Not Downsizing. 2 1 � March 2, 2004 Presidential Primary, cont........ � 1 Election results were delivered to the Town Clerk at the Town Office Building. 50%of the registered voters cast their vote. The Town Clerk canvassed results as follows: ABSENTEE BALLOT BREAKDOWN Ballots Applications Timely Ballots Returned Ballots Pct Processed Retumed Late/Undeliverable Counted 1 50 35 3 35 2 64 54 4 54 3 84 63 7 63 4 109 95 6 95 5 67 56 5 -56 � 6 80 68 5 68 7 63 54 6 54 8 72 62 5 62 � 9 55 40 6 40 Totals 644 527 47 527 REPUBLICAN PARTY PRIMARY Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL Total Reg Voters 2007 2396 2077 2334 2309 2350 2295 2197 2155 20120 Total Votes 131 123 101 150 167 172 135 171 119 1269 Percent 7% 5% 5% 6% 7% 7% 6% 8% 6% 6% Total Registered Republicans 271 257 286 304 398 364 301 320 261 2762 Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL PRESIDENT GEORGE W. BUSH 114 98 80 123 146 134 100 139 96 1030 NO PREFERENCE 10 12 17 13 12 26 22 20 14 146 John McCain 1 1 1 1 4 John Kerry 1 1 1 3 Colin Powell 1 1 2 William Bennett '8 1 Ralph Nader 1 1 � ` ALL OTHERS 0 1 1 3 1 2 5 2 1 16 � BLANKS 5 12 2 11 7 7 8 9 6 67 = STATE COMMITTEEMAN Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL Fourth Middlesex(1,2,4-7) AMOS J. EATON 73 75 ' 101 98 105 72 524 ALL OTHERS 0 0 " 0 0 0 1 1 BLANKS 58 48 49 69 67 62 353 STATE COMMITTEEMAN Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL Third Middlesex(3,8,9) PETER DULCHINOS 65 94 71 230 ALL OTHERS 0 ' 3 0 3 BLANKS 36 74 48 158 STATE COMMITTEEWOMAN Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL Fourth Middlesex(1,2,4-7) HELEN A. HATCH 75 75 102 95 111 77 535 ALL OTHERS 0 0_ 0 0 0 0 0 BLANKS 56 48 > _ 48 72 61 58 ` 343 STATE COMMITTEEWOMAN Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL Third Middlesex(3,8,9) MADELEINE R. GELSINON 62 93 69 224 ALL OTHERS 0 2 0 2 BLANKS 39 : 76 50 165 ___ _ � __ __ . --_ __ _ — -- March 2, 2004 Presidential Primary, cont........ 219 TOWN COMMITTEE(21) Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL JEAN H. BARRETT 63 65 47 79 76 82 55 84 67 618 WILLIAM J. BARRETT 64 66 43 75 79 80 53 83 65 608 NICHOLAS HAY 58 62 43 75 69 81 55 84 61 588 AURIO J. PIERRO 65 65 43 81 76 82 54 85 64 615 � WILLIAM B. SIMMONS 61 66 43 83 78 99 57 84 67 638 MARY W. SINEK 58 67 40 73 72 89 52 84 64 599 LUANNA E. DEVENIS 58 61 42 74 71 83 51 81 63 584 DAVID L. POLLINS 67 61 40 84 80 91 55 89 66 633 MICHAEL D. MORRISEY 59 63- 39 77 70 79 54 79 60 580 ELLEN H.WHITE 61 68 41 76 84 94 61 89 66 640 WILLIAM A. BARNSTEAD 56 64 44 76 72 81 50 79 62 584 ( i WILLtAM H. LEVISON 59 61 40 72 68 82 50 78 67 577 L ANN H. MILLER 60 64 43 80 78 84 56 83 70 618 DENISE IRENE O'CONNOR 60 64 41 75 73 83 54 87 61 598 DORRIS P.TRAFICANTE 62 67 44 75 80 88 56 92 74 638 MARK S. TRAFICANTE 61 65 45 76 81 89 54 91 76 638 � MARJORIE JOERGER 59 62 43 73 73 85 54 80 62 591 JOSEPH B. PALMER 58 65 40 76 74 84 56 81 63 597 TIMOTHY JOHN QUINLAN 63 67 43 86 87 86 58 92 69 651 Michael D. Barry 1 1 Robert Cohen 1 1 Paul W. Decker 2 2 Susan B. Parker 2 2 ALL OTHERS 1 0 1 0 0 2 0 3 0 7 BLANKS 1598 1360 1315 1684 2066 1988 1795 1983 1252 15041 DEMOCRATIC PARTY PRIMARY Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL Total Reg Voters 2007 2396 2077 2334 2309 2350 2295 2197 2155 20120 Total Votes 743 1061 811 1010 785 1003 975 872 784 8044 Percent 37% 44% 39% 43% 34% 43% 42% 40% 36% 40% � Total Registered Democrats 787 1057 800 948 892 968 905 845 800 8002 ` " Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL PRESIDENT RICHARD GEPHARDT 5 0 2 6 1 2 0 0 0 16 JOSEPH LIEBERMAN 13 17 9 11 14 13 15 11 12 115 WESLEY K. CLARK 1 8 11 9 8 6 9 6 3 61 HOWARD DEAN 26 62 21 43 28 40 38 36 22 316 CAROL MOSELEY BRAUN 1 2 4 1 2 1 2 4 3 20 JOHN EDWARDS 125 167 152 190 111 171 168 143 145 1372 DENNIS J. KUCINICH 22 45 56 25 27 26 37 29 34 301 JOHN F. KERRY 529 739 536 700 579 718 695 617 547 5660 LYNDON H. LAROUCHE, JR. 2 2 0 '1 3 3 0 1 0 12 AL SHARPTON 8 6 8 7 1 9 5 10 8 62 NO PREFERENCE 5 4 8 8 6 5 2 9 5 - 52 Ralph Nader � � 1 ALL OTHERS . 0 0 0 1 0 0 0 0 2 3 , BLANKS 5 8 4 8 5 8 4 6 3 51 STATE COMMITTEEMAN Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL Fourth Middlesex(1,2,4-7) ROBERT C. HOGAN 355 489 460 392 459 439 , 2594 (� ALL OTHERS 1 2 1 1 1 3 .- g iBLANKS 387 570 ' 549 392 543 533 _ _, 2974 STATE COMMITTEEMAN Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL Third Middlesex(3,8,9) RONALD M. CORDES 167 . ' 230 221 618 THOMAS HOLDEN 177 148 143 4gg Joel F. Aufiero � ALL OTHERS 1 1 1 3 BLANKS - 466 492 418 1376 2 � O March 2, 2004 Presidential Primary, cont........ STATE COMMITTEEWOMAN Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL Fourth Middlesex(1,2,4-7) PATRICIA M. DEAL 360 502 ' 470 400 484 458 2674 - Ann Kane 1 ALL OTHERS 2 3 1 1 1 3 11 ALL OTHERS BLANKS . 381 556 539 384 517 514 2891 STATE COMMITTEEWOMAN Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL Third Middlesex(3,8,9) JANET M. BEYER 226 ; 251 254 731 SARAH CANNON HOLDEN 131 ;: , 133 123 387 r� Gail M. Aufiero � I Jill Stein 1 : _ J ALL OTHERS 0.;,; 2 � 3 BLANKS 453 484 406 1343 TOWN COMMITTEE(35) Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL THOMAS R. DIAZ 398 670 451 599 453 605 575 510 425 4686 RACHEL S. ROSENBLUM 278 507 344 438 344 467 447 362 325 3512 PETER DAVID ENRICH 308 492 368 500 363 508 . 503 425 348 3815 MELINDA M.WALKER 339 521 379 449 386 462 496 462 354 3848 SAMUEL BERMAN 252 447 381 411 329 439 419 345 311 3334 ARTHUR KATZ 262 437 377 406 331 416 412 335 308 3284 THOMAS V. GRIFFITHS 262 427 314 391 309 416 439 339 295 3192 SAM SILVERMAN 273 437 306 397 349 432 411 342 298 3245 IONE D. GARING 253 418 307 389 301 420 411 383 299 . 3181 DAVID J. KESSLER 258 441 370 385 323 426 416 348 305 3272 MYRON ROSENBLUM 257 476 313 400 322 431 414 331 305 3249 DEBORAH N. MAUGER 239 410 292 365 290 388 388 331 282 2985 CAROLYN H. TIFFANY 262 421 300 391 308 414 415 398 306 3215 SUSAN A. ELBERGER 295 466 337 437 343 455 443 384 345 3505 STEWART G. KENNEDY 253 426 307 380 310 404 408 364 290 3142 JEANNE K. KRIEGER 396 627 490 590 451 599 616 518 446 4733 - JANE PAGETT 335 511 359 486 382 571 473 413 358 3888 MARIA CONSTANTINIDES 256 426 305 392 306 415 402 367 311 3180 ,_„ IRENE M. DONDLEY 281 421 300 372 361 416 394 330 284 3159 FERNANDO QUEZADA 252 421 311 384 302 410 402 331 289 3102 SARAH SHELLEY QUEZADA 251 427 307 372 307 401 401 324 297 3087 JOHN T. SACKTON - 248 445 299 373 293 388 382 314 279 3021 MATTHEW S. COHEN 247 442 315 388 304 405 404 339 293 3137 MICHAEL J. BARRETT 250 413 294 376 294 390 388 354 281 3040 NARAIN D. BHATIA 256 420 304 385 303 417 398 333 315 3131 ROSEMARY KLEIN 247 414 295 368 304 391 413 332 284 3048 SARAH L. WARREN 242 413 298 372 298 410 392 320 287 3032 MABEL AMAR 248 407 292 369 295 389 406 317 279 3002 JAMES M. SHAW 277 417 292 391 346 401 392 339 289 3144 MARGARET BRADLEY 244 418 299 372 300 395 396 351 303 3078 BRUCE LYNN JENKINS 245 416 292 360 299 388 385 322 279 2986 JANET COHEN JENKINS 248 425 296 365 297 392 386 329 287 3025 ANNIE C. MCQUILKEN 255 420 301 371 303 398 398 341 297 3084 GREG D. STEPHENS-NORTH 237 404 286 362 290 388 385 321 273 2946 JAY R. KAUFMAN 444 681 517 671 535 688 679 611 519 5345 BLANKS 16357 21171 16787 208931584419770190361765516394 163907 ._,l � _ __ _ ----_ _ ___. ___ � - _ ._ __ _ . March 2, 2004 Presidential Primary, cont........ � GREEN PARTY PRIMARY � Z 1 Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL Total Reg Voters 2007 2396 2077 2334 2309 2350 2295 2197 2155 20120 � Total Votes 0 9 1 3 1 0 1 2 0 17 Percent 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% Total Registered Green Party 1 13 4 3 5 2 2 5 5 40 Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL PRESIDENT KENT MESPLAY 1 1 LORNA SALZMAN 1 . 1 1 3 PAUL GLOVER p � DAVID COBB 2 1 � 1 4 ,_ _ NO PREFERENCE 4 1 1 6 ALL OTHERS p BLANKS 2 0 1 3 STATE COMMITTEEMAN Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL Fourth Middlesex(1,2,4-7) Daniel Meinechuk 1 I � Adam Sacks 1 1 ALL OTHERS ' 0 BLANKS 8 1 1 10 STATE COMMITTEEMAN Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL Third Middlesex(3,8,9) DANIEL MELNECHUK 1 ,:'; 2 3 ALL OTHERS p BLANKS p �. � �� p STATE COMMI7TEEWOMAN Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL Fourth Middiesex(1,2,4-7) ,--- Jill Stein 1 ` 1 2 � ALL OTHERS , p BLANKS 8 1 1 10 STATE COMMITTEEWOMAN Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL Third Middlesex(3,8,9) ALL OTHERS p BLANKS � , 2 3 TOWN COMMITTEE Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL Ken Seicer 1 1 2 Adam Sacks 1 1 ALL OTHERS � BLANKS 0 89 10 28 10 0 10 20 0 167 LIBERTARIAN PARTY PRIMARY Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL Total Reg Voters 2007 2396 2077 2334 2309 2350 2295 2197 2155 20120 Total Votes 0 0 1 0 2 0 1 3 3 10 Percent 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% Total Registered Libertarians 3 3 3 3 2 6 4 8 6 38 Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL -- PRESIDENT JEFFREY DIKET � RUBEN PEREZ 0 AARON RUSSO � MICHAEL BADNARIK 0 GARY NOLAN 1 1 2 NO PREFERENCE 1 1 1 3 Thomas Sullivan � WRITE-IN � BLANKS 1 3 4 2 � � March 2, 2004 Presidential Primary, cont........ � Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOl'AL STATE COMMITTEEMAN Fourth Middlesex(1,2,4-7) ALL OTHERS p BLANKS 2 1 3 _ STATE COMMIITEEMAN Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL Third Middlesex(3,8,9) Doug Lucente 1 1 ALL OTHERS p BLANKS 1 3 2 g '-� STATE COMMITTEEWOMAN Pct 1 Pct 2 Pct 3 Pc 4 I t Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL � Fourth Middlesex(1,2,4-7) ALL OTHERS p BLANKS 2 'i 3 STATE COMMITTEEWOMAN Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL Third Middlesex(3,8,9) ALL OTHERS p BLANKS 1 3 2 6 TOWN COMMITTEE Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL Benjamin Somin 1 1 ALL OTHERS p BLANKS 0 0 3 0 6 0 3 9 8 29 A true copy. �E! Attest: ��%�� Donna M. Hooper, Town Cle` _-� 1 � __.t _ _ _ __ - _ _----- ---------- - ,_. --_ _ -- --___ -- __ . � __ _ _ __ __ WARRANT FOR TOWN ELECTION - (SEE WARRANT FILE) Z Z. 3 TOWN ELECTION -TUESDAY, MARCH 2, 2004 in pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Tuesday, March 2, 2004 at 7:00 a.m. The following places were designated as the voting places for the various precincts: Precinct One, Harrington School; Precinct Two, Bowman School; Precinct Three, Jonas Clarke Middle School; Precinct Four, Bridge School; Precinct Five, Fiske School; Precinct Six, William Diamond Middle School; Precinct Seven, Joseph Estabrook School; Precinct Eight, Central Fire Station; Precinct Nine, Maria Hastings School � The election officers and Wardens of the various precincts were assigned for duty as � ._ follows: Precinct 1: Warden: Richard Pemberton [U]; Clerks: Margaret Blouin [D], Arthur Katz [D]; - Inspectors: Thomas Sullivan [DJ, Eileen McAlduff [D], Martha Shurtleff [U], Robert Blouin [D], Margaret Kelly [U], Jeannette Cerulli [DJ, Salvatore Casella [Dj, M. Colin Godfrey [Dj, Marita Hartshorfl [D], Richard Spillane[U], Doris Pemberton [U]. Precinct 2: Warden: Rebecca Fagan [D]; Clerks: Stacey Hamilton[D], Barry Sampson [UJ; Inspectors: Arline Burns [D], Dorothy Bond [Uj, Shirley Frawley [D], Lillian MacArthur[U], Joseph Pato [D], Miriam Godfrey [D], Susanne Hays[UJ, Evangeline Puopolo [U], Donna Alexson [D], Marilyn Ford [R], Clifford Pehrson [U], Joyce Defandort[U], Neva Reiner[D]. Precinct 3: Warden: David Kanter [U] ; Clerks: Samuel Berman [D], Faith Fenske [U]; Inspectors: Maarib Bauaz[D], M. Elinor Greenway[D], Francine Edwards [D], Robert Tracey(D], Anthony Sacco [U], Richard Harding [R], Ruth Thomas [D], Rita Casey [D], Susan Solomon [R], Laura Welby[U], Elizabeth McLaughlin [Dj, Lillian Drury[U]. Precinct 4: Warden: Gulli Kula [D]; Clerks: Robert W. Bennett [U], Jane Gharibian [Dj; Inspectors: Elizabeth Fleming [U], Doris Berkstresser [U], Gladys Snyder [R], Barbara Sandler [U], Raymond Flynn [R], Lynda Laurence [Dj, Dana Regillo [R], Virginia Weinberger [D], Mary Devoe[U], Eleanor Smith [U], Mary Merrill [R]. Precinct 5: Warden: Eric Kula [D]; Clerks: Linda Cohen [Uj, Norman Cohen [U]; Inspectors: . Alfred Fine [D], Renee Fine [D], Timothy John Quinlan [R], Robert Edwards [R], Donna Keane [U], Dorothy Gauthier [R], C. Jean Coates [U], William Frawley [DJ, Henr�y Beerman [D], Mabel Amar[D], D. Barbara Ciampa[DJ,.Raymond Massey[DJ. Precinct 6: Warden: Dorothy Boggia [R]; Clerks: Harriet Morrison [U], Grace Ayers [U]; Inspectors: E. Ashley Rooney [D], Catherine Rego [D], Susan Folger [U], Hazel Graham [D], I� Carolyn Murphy [UJ, Maureen Brown [D], Charles Price [U], D. Peter Lund [R], William Simmons I [R], Barbara Simmons [R], Alla Fedus[U], Burton Smith [Rj. �. . Precinct 7: Warden: Gerald Abegg [D]; Clerks: Margaret Bradley [D], Bernice Gerrig [U]; Inspectors: Alice Pierce [D], Sylvia Haroules [U], Henry Torpey [R], Ade�e Barnes [R], Mary Ayvazian [Dj, Mildred Collentro [D], Isabelle Bennett [R], Charlotte Ford [D], Robert Greenway [D], Edna Holloran [D). Precinct 8: Warden: Leo Chudigian [U]; Clerks: Judith Chudigian [U], Barbara Perrotta (D); Inspectors: Ann Diamond [U], Richard Eaton [U], Doris Barclay [RJ, Claire Abernathy [UJ, John Ayvazian [D], Anne Conceison [U], Elinor Bettencourt [R], Julie Miller [U], H. Bigelow Moore [U], Jean Misumi[D],Anthony Montagna[U], Barbara Moore[U]. Precinct 9: Warden: Duncan MacQueen [U]; Clerks: Clark Schuler [U], Carole Scalise [R]; Inspectors: Edith Paster[D], Judith O'Leary[D], Anne Taylor[U], Janet Lowther[R], Beverly Aker [U], Carole Butler[U], Judith Schuler[U], Angela Marcucci (U], Dorothy Bolduc[U], Gertrude Faye Cullinane [U], Robert Ryan [D]. The election officers were sworn to the faithful performance of their duties. The polls were declared open in each precinct at seven o'clock A.M. and remained open until eight � o'clock P.M., at which time, after due notice, the polls were declared closed. Total of 20,120 registered voters eligible to vote as of February 11, 2004: Pct. Registered Democrat Green- Libertarian Republican Unenrolled Other* Voters Rainbow 1 2,007 787 1 3 271 944 1 2 2,396 1,057 13 3 257 1,063 3 � 3 2,077 8 4 3 286 982 2 4 2,334 948 3 3 304 1,074 2 - 5 2,309 892 5 2 398 1,010 2 6 2,350 968 2 6 364 1,006 4 7 2,295 905 2 4 301 1,079 4 8 2,197 845 5 8 320 1,015 4 9 2,155 800 5 6 261 1,079 4 Total 20,120 8,002 40 38 2,762 9,252 26 `Political Designations include: American Independent, Conservative, Green Party USA, Interdependent 3'd Party, Reform, Socialisf, and Time Sizing Not Downsizing. March 2, 2004 Annual Town Election, cont........ � 224 Election results were delivered to the Town Clerk at the Town Office Building. 50% of the registered voters cast their vote. The Town Clerk canvassed results as follows: ABSENTEE BALLOT BREAKDOWN Ballots Applications Timely Ballots Returned Ballots Pct Processed Returned Late/Undeliverable Counted 1 48 32 4 32 2 54 45 5 45 3 78 58 - 58 4 102 87 3 87 5 74 61 4 61 6 80 63 5 63 � 7 62 54 3 54 � 8 69 64 3 64 ---� � 9 51 33 6 33 Totals 618 497 33 497 TOWNWIDE OFFICES PCT 1 PCT 2 PCT 3 PCT 4 PCT 5 PCT 6 PCT 7 PCT 8 PCT 9 TOTAL TOTAL VOTERS 2007 2396 2077 2334 2309 2350 2295 2197 2155 20120 TotalVotes 922 1281 958 1221 1054 1260 1174 1108 991 9969 Percent 46% 53% 46% 52% 46% 54% 51% 50% 46% 50% SELECTMEN(Vote for two;for THREE Years) *JEANNE K. KRIEGER 361 636 505 635 452 582 651 572 459 4853 LEO P. MCSWEENEV 322 418 308 340 329 363 390 356 371 3197 PATRICK MEHR 248 432 351 379 304 430 357 372 376 3249 *RICHARD PAGETT 275 454 254 466 411 601 403 364 301 3529 JOHN F. ROSSI 306 234 142 233 �257 176 145 188 189 1870 ALL OTHERS 5 5 0 4 4 1 2 3 3 27 BLANKS 327 383 356 385 351 367 400 361 283 3213 �, MODERATOR(Vote for One;for ONE Year) I � "MARGERY M. BATTIN 522 765 589 747 622 800 726 692 609 6072 ALL OTHERS 3 10 2 14 10 5 7 6 7 64 BLANKS 397 506 367 460 422 455 441 410 375 3833 SCHOOL COMM/TTEE(Vote for Two;for THREE Years) SHERRY L.GORDON 296 414 458 414 337 387 420 366 318 3410 "THOMAS R. DIAZ 389 731 445 695 469 623 614 535 451 4952 *OLGA P. GUTTAG � 401 639 384 637 563 739 603 589 481 5036 IANG JEON 276 251 184 230 255 232 243 250 273 2194 ALL OTHERS 1 1 1 2 5 1 5 3 5 24 BLANKS 481 526 444 464 479 538 463 473 454 4322 PLANN/NG BOARD(Vote for t�ne;for THREE Years) JEFFREY J.CRAMPTON. 165 216 132 197 226 216 153 189 173 1667 STEVEN A. KROPPER 106 196 111 117 93 94 121 103 88 1029 "WEN�Y MANZ 353 471 415 563 401 541 506. 477 439 4166 ALL OTHERS 1 5 1 3 2 2 1 4 5 24 BLANKS 297 393 299 341 332 407 393 335 286 3083 '^� HOUS/NG AUTHORITY(Vote for One;for FIVE Years) DAVID E. BURNS 265 307 254 33E 372 393 266 264 263 2722 "MELINDA M.WALKER 374 580 420 521 413 500 552 550 416 4326 ALL OTHERS 2 3 1 2 1 2 1 5 3 20 BLANKS 281 391 283 3E0 268 365 355 289 309 2901 *Elected _ _ _ _ _ ___ _ __ ----_ �_ __ _____ _ _ ._ _ _ _ __ _ � __ _ ____ _ March 2, 2004 Annual Town Election, cont........ QUESTION: Whereas the Board of Selectmen is now authorized to grant licenses in the Town of � � � Lexington for the sale of all alcoholic beverages in restaurants with a seating capacity of ninety-nine persons or more, shall the Board of Selectmen also be authorized to grant licenses for the sale of all alcoholic beverages(whiskey, rum, gin, malt beverages,wines and all other alcoholic beverages), including, but not limited to, licenses for the sale of wine and malt beverages only(wine and beer, ale and all other malt beverages)to restaurants in the Town of Lexington with a seating capacity of fewer than ninety-nine persons? Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 Total YES 593 946 691 884 730 904 831 771 672 7022 NO 149 146 98 136 131 145 139 148 132 1224 BLANKS 180 189 169 201 193 211 204 189 187 1723 �� TOWN MEETING MEMBERS � __ Precinct 1 Town Meeting Members (Seven for Three Years) *JONATHAN G. COLE 423 PAUL G. TOPALIAN 281 *ERIC JAY MICHELSON 422 John F. Rossi 1 '`IANG JEON 356 Eva Glick 1 'JOHN P. BREEN 345 William Barrett ' 1 *CAROL J. SAMPSON 341 Mary Bowes 1 "BARRY E. SAMPSON 334 Eric Eid Reiner 1 *LILLIAN T. MACARTHUR 323 All Others 4 TEMPLE D. GOODHUE 320 BLANKS 3300 'E/ected for 3 years Precinct 2 Town Meeting Members (Seven for Three Years) *THOMAS R. DIAZ 779 Anita Shine 1 "BETSY WEISS 604 Kenneth Shine 1 *BARRY ORENSTEIN 511 Kathleen Crowley-Gardner 1 "KAREN A. DOOKS 489 Heather Sweeney 1 '`ALESSANDRO A.ALESSANDRINI 479 Eugene Luongo 1 '`ANDREW MCALEER 431 Ken Selcer 1 �--- *JAMES L. AVERY 422 Timothy Enright 1 KENNETH M. KREUTZIGER 375 Joseph Walsh 1 � BARRY S. CAOUETTE 359 Eric Lazarian 1 ROBERT D.WARSHAWER 356 Ruth Widerski 1 Mary Kriener 2 All Others 4 Myla Kabat-Zinn 1 BLANKS 4145 *Elected for 3 years Precinct 3 Town Meeting Members (Seven for Three Years) '`PATRICK R. MEHR 560 Jeanne Krieger 7 *SHERRY L. GORDON 540 Richard P. Domings 1 *LOREN WOOD 469 Erna Greene 1 "RICHARD STEPHENSON 444 Elizabeth Mark � *ALEXANDER E. NEDZEL 437 John Carroll � � *NANCY M. CANNALONGA 423 All Others 5 '`BENJAMIN J. COHEN 365 BLANKS 3088 HENRY S. LAU 364 *Elected for 3 years Precinct 4 Town Meeting Members (Seven for Three Years; One for Two Years) *NORMAN P. COHEN 620 COOPER TOULMIN 22g '`JUDITH J. UHRIG 525 Katherine Karr � "CHARLES W. LAMB 520 Sarah Michaels � *JOHN S. ROSENBERG 513 Julian Bussgang 1 *NYLES NATHAN BARNERT 504 Fay Bussgang � "SCOTT F. BURSON 481 Robert Katz � �- "SANDRA J. SHAW 476 Sharon Cassettari � *"ELLEN JO MCDONALD 447 Patrick Morin � ROBERT BECKWITT 357 Paul Miniutti � STEVEN M. TURNER 353 All O;hers 5 JERRY L. HARRIS 339 BLANKS 4392 "E/ected for 3 years; #*Elected for 2 years March 2, 2004 Annual Town Election, cont........ 226 . Precinct 5 Town Meeting Members (Seven for Three Years) ''ANDREW J. FRIEDLICH 453 RICHARD F. MCDONOUGH 227 *PAUL E. HAMBURGER 424 Elizabeth Frank 2 *CAROL A. LIFF 415 Ira Crowe 1 *M. MASHA TRABER 402 Guy Doran 1 *IRENE M. DONDLEY 400 John Frey 1 *JEROLD S. MICHELSON 367 Rachel Lowenhaupt 1 *CHARLES T.VAIL 323 Jed Snyder 1 ANN LANDAU 297 All Others 2 NANCY ANN RONCHETTI 287 BLANKS 3492 � JEFFREY J. CRAMPTON 282 *Elected for 3 years �--� Precinct 6 Town Meeting Members I (Seven for Three Years; One for One Year) ""' *RICHARD PAGETT 775 ARTHUR GINGRANDE 286 *DEBORAH STROD 694 Leslie C. Nicholson 3 "ALAN J. LAZARUS 591 Karen Kishimoto 1 "FRANK SANDY 568 Howard Levingston 1 *PAUL CHERNICK 558 Carlos Zimmerman-Diaz 1 *TRISHA P. KENNEALY 555 Jill Zimmerman-Diaz 1 'FLORENCE A. BATURIN 533 All Others 1 **GERALD A. LACEY 512 BLANKS 4588 MARK D. BARONS 412 'Elected for 3 years; ""`Elected for 1 year Precinct 7 Town Meeting Members (Seven for Three Years) *CATHERINE WOODWARD GILL 610 Paul W. Decker 2 "JANE A. TRUDEAU 580 David Lees 2 *MARGARET L. COUNTS-KLEBE 515 Mabel Amar 1 "JOYCE A. MILLER 509 Shirley Farias 1 *PATRICIA ELEN COSTELLO 469 Cathleen Hamilton 1 "GEORGE A. BURNELL 429 Candy Janszen 1 *SHERYL T. MASON 408 Philip Morse-Fortier 1 DAVID G. KANTER 400 Dave Needham 1 WILLIAM E. COLE 367 All Others 0 r Leonard Morse-Fortier 3 BLANKS 3916 � Catherine Abbott 2 "Elecfed for 3 years ""'` � Precinct 8 Town Meeting Members . (Seven for Three Years) "MELINDA M.WALKER 583 Richard Shaw 1 *DAVID C. HORTON 573 Sara Lacy 1 "ALAN MAYER LEVINE 512 Alex Novak 1 *DIANA T. GARCIA 499 John Hild 1 *ELIZABETH J. BRYANT 414 Brian Galloway 1 "THOMAS M. HARDEN 410 Michael Swack 'i � *JOHN T. CUNHA 384 Jessica Lindley 1 JAMES A. OSTEN 364 All Others 8 RICHARD D. BEAMON 301 BLANKS 3698 Eric Lubeshane 3 '`Elected for 3 years Precinct 9 Town Meeting Members (Seven for Three Years; One for One Year) *MARGARET E. COPPE 502 Francine Stieglitz 3 "VICTORIA LAWRENCE BLIER 467 Janet Post 1 *THOMAS O. FENN 449 Narain D. Bhatia 1 'HANK MANZ 438 Joel Goldstein 1 'ANTHONY B. CLOSE 433 �red Rosenberg 1 �'� 'ANNE W. LORUSSO � 410 Angelo Tortola 1 � "RODNEY COLE 384 John Federici 1 � "'JOHN MAZERALL 368 Joel F. Aufiero 1 � DORRIS P. TRAFICANTE 302 All Others 1 MICHAEL E. SCHROEDER 290 BLANKS 3874 `Elected for 3 years; *"Elected for 1 year A true copy. Attest: �� . Donna M. Hooper, Town �lerk . __ _ _ __ _- ____ _ I March 2, 2004 Annual Town Election, cont........ n n 7 LL Richard Pagett, 10 Oakmount Circle, resigned as a Town Meeting Member from Precinct Six effective March 3, 2004. As Mr. Pagett was elected as Selectman at the Annual Town Election held March 2, 2004, he is now a Town Meeting Member At-Large in accordance with Chapter 215, Section 3 of the Acts of 1929. Mark D. Barons,4 Bowser Road, received the highest number of votes as a defeated candidate for Town Meeting from Precinct Six at the March 2, 2004 Annual Town Election. As of March 11, 2004 Mr. Barons' acceptance of the position to fill the vacancy caused by the resignation of Richard Pagett(exp. 2007), has been filed with the Town Clerk. This term will expire March 2005. � . ` _ r-- ( � .. � � 228 � . . � 2004 ANNUAL TOWN MEETING March 29,2004 (See Warrant File for Warrant) The first session of the 2004 Annual Town Meeting was called to order by Moderator Margery M. Battin, at 8:00 p.m., at the Clarke Middle School, 17 Stedman Road. A quorum of 183 members was present. William Diamond, Jr.�� The Lexington Minutemen, accompanied by the Diamortd-lt�ir�d��c� Fife and Drum Corps,posted the colors. The invocation was offered by Rabbi Stephanie Alexander. � , The Moderator honored deceased Town Officials and Town Meeting members Alfred � Busa, David Miller, and John Harvell. Fire Chief William Middlemiss reviewed procedures for emergency exit from the auditorium. 'The Moderator called a recess during which former Selectman Leo McSweeney was honored for his long tenure as Selectman. Town Clerk Donna M. Hooper read the Warrant for the Meeting until waived. The Town Clerk read the Constable's Return of the Warrant. . The Moderator reviewed procedural matters and explained anticipated Article order and reports to be made to the meeting, and declared the meeting open under Article 2 and would be so during the duration of the meeting. ARTICLE 2: REPORTS OF TOWN BOARDS, �OFFICERS, COMMITTEES 8:45 p.m. Arthur Katz, Committee on Cary Lecture Series. • MOTION: That the report of the Committee on Cary Lectures be accepted and placed on file. Nancy Shephard, Chairman of the Cary Lecture Series reported on '� the prior year's activities. ADOPTED iJNANIMOUSLY. � ; ARTICLE 3: APPOINTMENTS TO CARY LECTURE SERIES 8:47 p.m. Arthur Katz,pr.3, 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. ADOPTED UNANIMOUSLY. ARTICLE 4: ZONING BY-LAW,CD-6 TO CR0, 12-18 HARTWELL AVENUE 8:47 p.m. Andrew Friedlich,pr. 5. MOTION: That the Code of the Town of Lexington, Zoning By-Law APProved by and the Zoning Map be amended by changing the zoning district Attorney GeneraT designation of the pazcel shown on Assessors Map 84,pazce170C owned Tom Reilly by JOSCO Realty Trust,Middlesex South Registry of Deeds, Book 21100, September 7, 2004; p,337 and further described in a metes and bounds description on file with Posted the Boazd of Selectmen from the current CD-6,.Planned Commercial September 10, 2004 District Zone to CRO, Regional Office District Zone, said property being commonly known and numbered as 12-18 Harlwell Avenue. Attorney John Farrington presented on behalf of the applicant. 8:50 p.m. Thomas Harden moved the Report of the Planning Board on Article 4 be � Accepted and Placed on File and reported the Elanning Board unanimously recommends approval. UNANIMOUSLY ADOPTED. ,_,,,, 8:57 p.m. Dawn McKenna reported the unanimous support of the Board of Selectmen. . 8:58 p.m. ARTICLE 4 declared ADOPTED UNANIMOUSLY. ARTICLE 5: ZOI�TING BY-LAW,RO to RD,RANGEWAY—Lot 64 of Assessors Map 90 8:58 p.m. Martha Wood,pr8,moved Article 5 be taken up after Article 10 on Apri17, 2004. MOTION ADOPTED. --_ ___ _ - _ _ _ _ _ __ __ _ _ � _ _ _..__ _ _ _ . 2 2-9 . Adjourned Session of the 2004 Annual Town Meeting—March 29, 2004 �- ARTICLE 6: ZONING BY-LAW, COMMON AND USABLE OPEN SPACE IN � RESIDENTIAL DEVELOPMENTS 8:59 p.m. John Davies,pr.4,moved Article 6 be postponed until April 12,2004 after taking up Article 11. MOTION ADOPTED. ARTICLE 7: ZONING BY-LAW,IMPERVIOUS SURFACE IN RESIDENTIAL DEVELOPMENTS _ .. 8:59 p.m. Thomas Harden,pr.8. � - MOTION: That this article be indefinitely postponed. �' ADOPTED UNA1vIMOUSLY i - ARTICLE 8: ZO1�IING BY-LAW HOME OCCUPATI � , ONS Presenter: Karl Kastorf,pr.8. � Mr. Kastorf moved the Report of the Planning Board on Article 8 be Accepted and Placed on File. MOTION ADOPTED. MOTION: That the Code of the Town of Lexington,Zoning By-Law be amended as set forth in the motion attached to the report of the Planning Board on this Article. MOTION The actual motion is as follows, except that it will not include the text in italics,which is included here for informational purposes only: , 1. DEFINITIONS In §135-8, delete the existing definition of"Home Occupation": HOME OCCUPATION -- Certain occupations engaged in within an existing dwelling or a building accessory thereto by a resident thereof,provided that there shall be no sign, advertising : device, exterior storage, or other exterior indication of the home occupation, and that such occupations are limited to the exercise of personal or professional skills in the fields of music, ,: dramatics, arts and cr�s and academic pursuit and the giving of instructions or lessons,for • compensation, in such skills, and also the performance of custom work of a domestic nature, such �, as dressmaking, millinery, and clothes washing provided that equipment utilized is such as is customarily incidental to residential occupancy. � � �- and insert in its place the following new definitions: , Home Occupation— Any business, occupation, or activity undertaken for gain within a residential structure, by a person residing in the structure,that is incidental and secondary to the � use of that structure as a dwelling unit. Home Occupation, Instruction — A home occupation that consists of teaching that takes place inside the dwelling unit of the instructor. Typical instruction includes music lessons and academic tutoring. � Home Occupation, Minor—A home occupation with no nonresident employee, partner, or contractor working on the premises; no more than one customer or client visiting the premises at a time; and no more than 6 customers or clients visiting the premises over the course of a day. Home Occupation, Major—A home occupation subject to a special permit with no more than one nonresident employee, partner, or contractor working on the premises; and no more than 10 customers or clients visiting the premises over �- the course of a day. 2. USE REGULATIONS � In Article IV, §135-16, Table 1,Part A, delete lines 1.24 and 1.25: Line RD RT RM RD* CN CBS CS CB CRO CM RS CLO „ 1.24 Home occupation in which there is no exterior Y Y Y SP Y N N N N N evidence of the occupation,no employee who is � not also a resident in the dwelling,and not more than one customer or client visits the dwellin at one time : 1.25 Home occupation,or o„(fice of a physician, SP SP SP SP Y N N N N N dentist or other professional person,residing in the dwelling,provided there is no exteriar evidence of the occupation and each employee is also a resident in the dwelling;may have customers or clients visit the dwellin As amended, see page 262 - � Approverl liy Attorney General Tom Reilly September 7, 2004; Posted � September 10, 2004 � 30 � Adjourned Session of the 2004 Annual Town Meeting-March 29, 2004 and insert in their lace the following: Line RO RT RM RD* CN CRS CS CB CRO CM RS CLO 1.24 Home Y Y Y SP Y N N N N N occuparion, instruction � (see � � 135-25.1 1.251 Home Y Y Y SP Y N N N N N occupation, minor(see � � §135-25.1) j � 1.252 Home SP SP SP SP Y N N N N N --� occupation, , major(see §135-25.1) � 3. PERFORMANCE STANDARDS ' In Article V, insert a new §135-25.1 to address performance standards for home-based businesses: � § 135-25.1 Home Occupations A. Intent. The provisions of tlus section are intended to accommodate limited business uses in dwellings, conducted by the residents thereof, in order to promote wider economic opportunities for Lexington residents, whi�e at the � same time protecting residential neighborhoods from adverse impacts. � B. Applicability. The provisions of this section sha11 apply to all permitted home occupations except where specifically stated otherwise. C. Accessory Use. Home occupations shall be considered accessory uses to the principal residential use of a dwelling, and shall be conducted by a resident of ' the dwelling. A home occupation shall be incidental to the principal use as a - residence, but need not be a use that is customarily associated with residential - use. D. Maintenance of Residential Character. There sha11 be no exterior indication of � --I the home occupation, except as provided herein in the form of off-street , parking. � : (1) The business shall not require alterafions to the exterior of the building. � (2) There shall be no exterior storage of materials, supplies, or equipment related to the business. (3) There sha11 be no sign indicating the business. E. Number of home occupations. More than one home occupation may be � established in a dwelling, subject to the use regulations of§135-16,but all home � occupations combined shall not exceed any of the standazds of this section. F. Hours of Operation: Business visits to a home occupation shall be limited to the ; hours from 7:00 A.M. to 9:00 P.M., unless otherwise authorized by Special Permit. G. Employees. (1) A minor home occupation or instruction home occupation shall have no ; nonresident employee, contractor, or partner. _ � (2) A major home occupation shall have no more than one full-time � nonresident employee, contractor, or partner (or the equivalent thereo fl on the premises at any one time. � (3) The number of nonresident employees working at off-premise locations is not limited, provided that such employees do not regularly visit the � premises. ! �--., ; H. Commercial Vehicles,Pickups and Deliveries. i (1) Commercial vehicle parking shall be subject to Article IV, Table 1, Part A, line 132. '—'` (2) Vehicles used to deliver goods to the home-based business shall be limited to passenger vehicles, mail carriers, and panel trucks or small vans such as used by express package carriers and office supply companies. (3) Pickups and deliveries shall not exceed those normally and reasonably occurring at a residence and shall not include more than an average of two pickups and deliveries of products or materials per day. _ _ _ - ---- - _ __ _ _ __ � _. ,_ _ __ ___ _ . __ _._ ,__ _ _ -----__ ____ 231 Adjourned Session of the 2004 Annual Town Meeting-March 29, 2004 I. Parking. A major home occupation shall provide off-street parking spaces for the home occupation, in addition to two spaces for the dwelling unit, as follows: (1) One parking space shall be provided for a nonresident employee, partner, or contractor regularly working on the premises; (2) When a home occupation requires a special permit, the Board may require, at its discretion, the provision of up to one parking space for each client or customer expected to visit the premises at one time, if site-specific conditions warrant it. Provision of such a space shall be in addition to parking required for the dwelling unit and nonresident employees. �; J. Environmental Impacts. The equipment used by the home occupation and the � operation of the home occupation shall not: (1) create any heat, glare, dust, odors, or smoke discernable at the property lines; (2) exceed the noise standaxds in the Lexington Noise Control Bylaw (Code of Lexington, Chapter 80, Sections 1 through 11 inclusive); (3) create any electrical,magnetic or other interference off the premises; or (4) use andlor store hazardous materials (as defined in Massachusetts General Laws, Chapter 21 E, Section 2) in excess of quantities permitted in residential structures. 9:02 p.m. Assistant Planning Director Maryann McCa11-Taylor explained changes � proposed by this Article. . 9:07 p.m. Selectman Jeanne Krieger reported the Selectmen's unanimous support. 9:08 p.m. Questions rose regarding permitted use as listed in zoning table and permitting procedures for the Zoning Board of Appeals. An amendment to the motion was then crafted by Town Counsel to correct an error. 9:15 p.m. Discussion ensued on tax classification of home business property, existence of residential uses in commercial zones, removal of nuisance provisions from existing bylaw. • Planning Board members explained apparent error in table, changing 1.252 CN district from"Y"to"SP". - 9:38 p.m. Karl Kastorf,pr.8,moved the following: AMENDMENT: Amend line 1.2.5, in colurnn"CN",to delete the"Y" and substitute"SP". AMENDMENT ADOPTED UNANIMOUSLY. 9:40 p.m. Planning Director Glenn Garber explained the zoning table and responded to questions on the special permit process. Town Counsel William Lahey advised�n permitted use. 9:48 p.m. MOTION, as amended, ADOPTED UNANIMOUSLY 9:49 p.m. Ephraim Weiss,pr.l, served Notice of Reconsideration on Article 8. ARTICLE 23: PORTER LANE STREET ACCEPTANCE 9:50 p.m. Selectman Peter Kelley. MOTION: To establish as a Town way and accept the layout of Porter Lane from Adams Street to end, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated November 25, 2003, and to authorize the Selectmen to take by eminent domain,purchase or otherwise acquire any fee, easemenf or other interest in land necessary � therefore. ADOPTED UNANIMOUSLY. � ARTICLE 28: RESCIND UNUSED BORROWING AUTHORITY ` " 9:50 p.m. Selectman Richard Pagett. MOTION: That the unused borrowing authorization voted under Article 10 of the Warrant for the 2000 Annual Town Meeting is hereby rescinded. Richard Pagett reported unanimous support of the Board of Selectmen and explained unused borrowing authorization amounted to �1,043. MOTION ADOPTED UNANIMOUSLY ' 232 : Adjourned Session of the 2004 Annual Town Meeting—March 29, 2004 ARTICLE 37: ACCEPT MGL CHAPTER 148 s.26H - 9:51 p.m. Selectrnan Dawn McKenna. MOTION: That this article be indefinitely postponed. ADOPTED UNA1vIMOUSLY. 9:52 p.m. Selectman McKenna moved adjourninent until Wednesday evening, March 31,2004 at 8:00 p.m., Clarke Middle School. -� MOTION ADOPTED. A true copy, r � :` ATTEST: { � :, Donna M. Hooper, Town Cle � .--� �J � > � ;: � r� : � . � . . � � ' . � r _ _ __ _ _--._ __ _ __;. --- -----_ _ _ __ __ _ . . __ I _ _ 233 : ADJOURNED SESSION OF THE 2004 ANNUAL TOWN MEETING ' ' March 31,2004 � The second session of the 2004 Annual Town Meeting was called to order by Moderator Margery M. .Battin, at 8:00 p.m., at the Clarke Middle School, 17 Stedman Road. A " quorum of 165 members was present. A moment of silence was held in memory of Bernice Weiss who recently passed away. The Moderator reviewed anticipated order for articles to be discussed and explained � Town Counsel William Lahey will moderate discussion on Article 9 (Brookhaven) as Mrs. Battin would recuse herself. ' ARTICLE 2: REPORTS OF TOWN BOARDS,OFFICERS, COMMITTEES 8:05 p.m. Betsey Weiss,pr.2,moved the report of the Housing Partnership Committee be accepted and placed on file. ADOPTED UNANIMOUSLY Chairman Bob Bicknell presented the report of the committee. , 8:15 p.m. Richard Canale moved the Report of the Lexington Representative to the Metropolitan Area Planning Council be accepted and placed on file. Mr. Canale presented his report. UAlvIMOUSLY ADOPTED. ARTICLE 9: ZOI�TING BY-LAW,RD ZONING DESIGNATION, 1010-1012 WALTHAM STREET . 8:15 p.m. Norman Cohen,pr.4. ' MOTION: That the existing Preliminary Site Development and Use Plan approved at the 1986 Annual Town Meeting,Article 47, a copy of which is on file with the Town Clerk and the Planning Board,be amended to permit expansion of the existing facilities at Brookhaven, located at 1010- 1012 Waltham Street,to allow for additional living units,health care facilities and support service space,as shown on the Preliminary Site - Development and Use Plan dated December 30, 2003 on file with the Planning Board,pursuant to Article VIII, Section 135-42D(3) and other applicable provisions of the Code of the Town of Lexington,Zoning By- --. Law. Town Counsel William Lahey served as temporary Moderator after Margery Battin recused herself from this Article. Norman Cohen,pr.4, explained he would be abstaining from voting on this Article. William Dailey,2 Bushnell Drive, explained the requested action on this Article and Architect Diane Dooley outlined plans. 8:34 p.m. Karl Kastorf moved the report of the Planning Board on Article 9 be accepted and placed on file. Mr. Kastorf reported the Planning Board unanimously recommended approval of Arficle 9. ADOPTED UNA1vIMOUSLY. : Dawn McKenna reported the Board of Selectmen's unanimous support. 8:39 p.m. Kenneth Kreutziger, 14 Tower Rd.,presented the Report of the Lexington � Housing Partnership Board. Discussion ensued on construction costs,payments made by Brookhaven in lieu of taxes, feelings of current residents on proposed plans, and construction schedule. Brookhaven residents spoke in favor and opposition to the motion. 9:00 p.m. Town Meeting members discussed further, and Brookhaven y � representatives responded to,issues on environmental impact,role of Conservation Commission on proposed changes, and anticipated variances to be requested of the Board of Appeals. � Members spoke in support and opposition to the motion,further questioning financial considerations. 9:36 p.m. David Burns,pr.5,moved the question now be pu� MOTION ADOPTED Robert Whitman,pr.6, stated he would be abstaining from voting. y Elaine Dratch,pr.6, stated she would be abstaining from voting. 234 Adjourned Session of the 2004 Annual Town Meeting—March 31, 2004 9:38 p.m. William Dailey surpmarized on behalf of the article sponsor. 9:41 p.m. Moderator 1b�Ia�gei�-Bai#tn declazed the MOTION ADOPTED WilTiam Lahey by more than the required TWO-THIRDS VOTE. � _. Selectman Jeanne Krieger moved Article 34 be taken up. MOTION ADOPTED. ARTICLE 34: AMEND TREE BY-LAW AND TECHNICAL CORRECTION 9:43 p.m. Selectman Jeanne Krieger. � MOTION: That the Code of the Town of Lexington, General By-Laws Chapter 120 ~ ; � TREES be amended as follows: • oA. Delete subsection(2) under"C. Mitigation."of 120-8. Protected Trees and substitute � � the following: � � "(2) Contribution into the Selectmen's Tree Gift Account: such contribution shall � � be $50 per DBH inch Protected Tree or Town Tree removed not already mitigated � � as per Subsection C(1); or" �, ; A. Delete Subsections"B" and"C"under 120-10. Enforcement and substitute the �, � following: � � � "B.Each instance in which a Town Tree or a Protected Tree is removed without a tree permit � ; shall constitute an offense under this by-law. When Town trees or protected trees �a have been removed without a permit,mitigation(as outlined in Section 120-8C of � � .� this by-law) and the payment of fines(as outlined in the Fine Schedule at the end 0 0 of this by-law) shall be required. ; � "C. If mitigation and the payment of fines are completed in due time as � determined by the Tree Warden the project will be approved. If not completed, .�� then each day beyond the determined and agreed upon completion date shall � p constitute a new and separate offense." � � B. Add the following new section after Section 120-13: �� "120-14. Funds • Collection of voluntary contributions under this by-law shall be deposited into the Selectmen's Tree Gift Account. The Tree Warden with input from the Tree Committee will request use of these funds for tree planting,transplanting, and � . other tree related needs. The request to expend these funds will be approved by ,._., the Board of Selectmen." 9:43 p.m. Tree Committee member John Frey, 1133 Massachusetts Avenue, explained proposed by-law changes. 9:51 p.m. Jeanne Krieger reported the unanimous support of the Board of Selectmen. Town Meeting members questioned tree replacements and cost of Tree Warden. 9:53 p.m. ADOPTED UNAI�TIMOUSLY. 9:53 p.m. Jeanne Krieger moved Article 30 be taken up. MOTION ADOPTED. ARTICLE 30: HANSCOM AIR FORCE BASE RESOLUTION . 9:53 p.m. Selectman Jeanne Krieger. MOTION: That the following resolution be adopted: . � Town Meeting affirms its strong support for Hanscom Air Force Base and , encourages Town Officials to continue to work closely with state and national : officials to ensure the continued presence of the Air Force Base in our community, and requests the Boazd of Selectmen to convey the spirit of this resolution to appropriate state and federal officials. Jeanne Krieger reported unanimous support of the Boazd of Selectmen. Carolyn Tiffany,pr.8, spoke on behalf of SHHAIR and spoke in support. � 9:55 p.m. ADOPTED iTNA1vIMOUSLY 9:58 p.m. Robert Cunha,pr.2,moved Article 35 be taken up. MOTION ADOPTED. ARTICLE 35: MILITARY PAY ACT 9:58 p.m. Robert Cunha,pr.2. MOTION: That the Town accept Section 1 of Chapter 137 of the Acts of 2003 relating to military pay. Robert Cunha summarized requested action. - 9:59 p.m. William Kennedy reported the unanimous support of the Board of Selectmen. MOTION ADOPTED UNA1vIMOUSLY _ _ ___ ___ __ ___ _ _ . � __ ___ _ _ 235 � Adjourned Session of the 2004 Annual Town Meeting—March 31, 2004 �. iVtartha Wood,pr.7,moved Article 39 be taken up at this time. MOTION ADOPTED. ARTICLE 39: AMEND SECTION 80-8 SPECIAL PERMITS (NOISE BYLAV� , 10:00 p.m. Martha Wood,pr.7. • MOTION: That Section 80-8, Special Permits, of the Code of the Town of Lexington, General By-Laws,which regulates noise,be amended by deleting the subsections A and B and substituting therefor the following subsections A, B, C and D: § SO-8. Special permits. �b A. The Board of Selectmen, or its designees,may issue a special permit for any � o activity otherwise forbidden by the provisions of this by-law. A person seeking o.. � � such a permit shall make a written application to the Board of Selectmen, or n �' designee, on the appropriate form,which shall be available at the office of the ��c Selectmen or its designee. N a ort 00 The following criteria shall be considered when deciding whether to issue a � � special permit: ro c � (1) Whether the cost of compliance will cause an applicant excessive financial � ro hardship; and p, � (2) Whether the proposed additional noise will have an excessive impact on � w neighboring citizens rt y � o � � B. The Board of Selectmen, or its designees,may issue additional guidelines � �, defining the criteria to be considered and the procedures to be followed in �, � applying for a special permit. o� C. An initial special permit shall remain valid for up to one year from the date it was N issued. Renewal of a special permit shall require: o (1) a public hearing for review of whether the cost of compliance will cause an � applicant excessive financial hardship, and • (2) Evaluation of noise data at the boundary of the properry in which the offending sound source is located. Renewal of a special permit shall be up to three years. Any special permit issued -� to the applicant shall contain all necessary conditions to ensure minimum � disturbance to the adjoiningxesidences. D. Legal Notice of the time and place of said hearing shall be given by the Board of Selectrnen, at the expense of the applicant,by publication in a newspaper of general circulation in Lexington once in each of two successive weeks,the first publication to be not less than fourteen days before the day of the hearing and by posting such notice in a conspicuous place in the Lexington town hall for a period of not less than fourteen days before the day of such hearing, and by delivering or ' mailing a notice thereof to the applicant,the Board of Health,the Police,Fire and Inspectional Services Departments and the abutters within 300 feet of the lot line. Jeanne Krieger reported the support(4-1)of a majority of the Board of Selectmen. , Discussion ensued on possible impact of bylaw on businesses and of possible violators, � noise evaluation procedures and costs. 10:08 p.m. MOTION ADOPTED r 10:09 p.m. Selectman Dawn McKenna moved adjournment unti18:00 p.m., Wednesday, Apri17,2004, Clarke Middle School. MOTION ADOPTED. ' A hue copy, ATTEST: � :. - Donna M. Hooper,Town Clerk , 23 � � ADJOURNED SESSION OF THE 2004 ANNUAL TOWN MEETING Apri17,2004 The third session of the 2004 Annual Town Meeting was called to order by Moderator , Margery M. Battin, at 8:00 p.m., at the Clarke Middle School, 17 Stedman Road. A quorum of 171 members was present. ARTICLE 2: REPORTS OF TOWN BOARDS,OFFICERS, COMMITTEES 8:05 p.m. Marshall Derby, LexHab, moved the LexHab Report be accepted and -- placed on file. Mr. Derby presented the report. ADOPTED UNA1vIMOUSLY ARTICLE 10: ZOI�TING BY-LAW,CRO AND RO TO CD, 125, 0 131 AND 141 SPRING STREET � 8:13 p.m. Edmund Grant,pr7. � � � � MOTION: That the Code of the Town of Lexington, Zoning By-Law ,� v and the Zoning Map be amended by changing the zoning district o � designation of the land described in a certain written metes and bounds H � description(Appendix 6) on file with the Planning Board, from the current � � CRO Regional Office District and RO One Family Dwelling District to a � � CD Planned Commercial District with certain specified uses(pursuant to � � the provisions of the Town of Lexington Code § 135-42), said property �,�, being commonly known and numbered as 125, 131 and 141 Spring Street � .., (former Raytheon Corporation Headquarters)to allow construction of a 0 o new building(s) for office and laboratory uses, and fiu-ther provided,that � N the property shall be subject to the preliminary site development and use �,,� plan originally filed on December 29,2003, as amended, including a � � revised and resubmitted preliminary site development and use plan dated : � � � March 17,2004,which plan is on file with the Planning Boazd and the - ° � Town Clerk, in accordance with the provisions of the Zoning By-Law. a a a a� � `� Mr. Grant declared he would be abstaining from voting on this motion and requested the minutes so indicate. Mr. Grant made a brief presentation on the article. 8:23 p.m. Chairman Thomas Harden,pr.8,moved the Report of the Planning Board on Article 10 be Accepted and Placed on File. ADOPTED UNANIMOUSLY Mr. Harden reported the Planning Board unanimously recommends approvaL 8:30 p.m. Dawn McKenna reported the unanimous support of the Board of . Selectmen. 8:31 p.m. Chairman Deborah Brown reported the unanimous support of the Appropriation Committee. 8:32 p.m. Richard Canale,Lexington representative to the Metropolitan Area Planning Council,reported support as representative to MAPC. Discussion ensued,with Members questioning development covenant, Preliminary Site Development and Use Plan,intent of developers, and open space restriction. Members questioned traffic impact, increased real estate taxes to be generated, and purview of the Zoning Board of Appeals in carrying out the will of town meeting. Transportation Advisory Committee members questioned transportation " demand fund usage, and traffic mitigation plans. : 8:50 p.m. Following a voice vote,MOTION DECLARED ADOPTED by more than the required TWO-THIRDS. `—' � 8:51 p.m. William Frawley,pr3, served Notice of Reconsideration-Article 10. _-_ _ _ _ _ __ _ __ _ - _ 1 ___ ____ _ . _ _ 237 Adjourned Session of the 2004 Annual Town Meeting—Apri17, 2004 • ARTICLE 5: ZOI�TING BY-LAW,RO TO RD,RANGEWAY—Lot 64 of Assessors Map 90 8:51 p.m. Marshall Derby,pr.7. MOTION: That the Code of the Town of Lexington, Zoning By-Law and the Zoning Map be amended by changing the zoning district designation of the land shown on Assessors Map 90 as Lot 64, containing �, � approximately 62,160 square feet, said property is located on the easterly .� b side of Rangeway Road at its intersection with James Street,from the m o current RO, One-Family Dwelling District Zone to RD,to allow the � a , construction of one two-family dwelling by the Lexington Housing '� �, Assistance Board. �`� �� 9:00 p.m. Anthony Galaitsis moved the Report of the Planning Board on Article 5 be N � Accepted and Placed on File. MOTION ADOPTED � � Mr. Galaitsis reported the Planning Boazd unanimously recommends "' � approval. o`� 9:01 p.m. William Kennedy reported a majority of the Board of Selectmen(4-1)in � � . support. Selectman Dawn McKenna reported her opposition. a � 9:02 p.m. Kenneth Kreitziger,Housing Partnership Board,reported support. � � 9:06 p.m. Following a voice vote,the Moderator DECLARED MOTION rt H ADOPTED by more than the required TWO-THIRDS. �, � � z n � ARTICLE 36: TRANSFER OF PROPERTY TO LEXHAB . � � 9:06 p.m. Marshall Derby, LexHab. ��c MOTION: That the Board of Selectmen transfer the following properties, o including any buildings located thereon,to the Lexington Housing Assistance � Board, Inc. for nominal consideration: ■ 18 Banks Avenue, shown as the lot numbered 207 on the Town of Lexington Assessor's Map("Map")Number 13; ■ 8 Bruce Road, shown as the lot numbered 1 B on Map Number 14; • ■ 3 Edna Street, shown as the lot numbered 171 on Map Number 58; ■ 15 Grandview Avenue, shown as the lots numbered 14D and 14E on Map �' Number 51; : �� __ ■ 16 Philip Road, shown as the lot numbered 42B on Map Nuxnber 15; ■ 6 Sedge Road, shown as the lot numbered 305B on Map Number 70; • ■ 31 Skyview Road, shown as the lot numbered 82 on Map Number 90; ■ 3 Stedman Road, shown as the lot numbered 83A on Map Number 24; and �. ■ 14 Woodland Road, shown as the lot numbered 122 on Map Number 63. Mr. Derby explained the requested property transfer provides LexHab no additional ' rights than if property were to remain in the Town of Lexington's name. : 9:07 p.m. Richazd Pagett reported the unanimous support of the Board of Selectmen. 9:08 p.m. MOTION DECLARED ADOPTED UNANIMOUSLY ARTICLE 25: COMMLTNITY ACCESS REVOLVING FUND 9:08 p.m. Selectman Jeanne Krieger. ; MOTION: That the Town establish a revolving fund in Fiscal Year .� r 2005 under section 53E1/2 of chapter 44 of the Massachusetts General Laws for the purpose of funding local access public, educational and governmental(PEG)programming;that the payments to the town under , its cable television licensing agreements shall be deposited into the � revolving fund for such purpose;that the Communications Advisory Committee,with the approval of the Board of Selectmen,is authorized to expend funds in the revolving fund for such purpose subject to annual ' appropriation by Town Meeting; and that the total amount which may be � Y- expended from the revolving fund in Fiscal Year 2005 sha11 not exceed - $400,Q00. .; 9:08 p.m. Timothy Counihan,27 Percy Rd,made a brief presentation. 9:16 p.m. Jeanne Krieger explained the benefits of the motion and reported the unanimous support of the Board of Selectmen. � 9:17 p.m. Eric Michelson,pr.l,reported the unanimous support of the Appropriation ; Committee. Members questioned organizational structure, space and equipment needs, and business plan development . 238 Adjourned Session of the 2004 Annual Town Meeting—Apri17, 2004 � . 9:22 p.m. Chairman Thomas Griffiths reported the unanimous support of the School ; Committee. Discussion ensued,addressing equipment donations,proposed legal structure, and governing body,funding, and program offerings. . , 9:35 p.m. John Cunha,pr.8,explained he would be abstaining from voting on this motion. 9:35 p.m. John Hayward,pr.5,moved the question should now be put. MOTION ; ADOPTED. Mr. Counihan summarized. 9:37 p.m. MOTION DECLARED ADOPTED UNAlvIMOUSLY. 9:38 p.m. Selectman McKenna moved adjournment until Monday, April 12,2004 at 8:00 p.m., Clarke Middle School. MOTION ADOPTED. A true copy, � ATTEST: ' Donna M. Hooper, Town Clerk . r b y ! . � � 1 � \ t ' 1 1 { _..._...__ ....__._ __._..__ "_—"___"—' __..._.. ...... .._ ..._. _... �._ _..._... ___—___. .__. ... . . . .. ... .. . .. ... ..... ....... ......_. .._.. ._ ..__ _.__.. ._.._.._..._.____'_..I 239 ADJOURNED SESSION OF THE 2004 ANNUAL TOWN MEETING - April 12,2004 . The fourth session of the 2004 Annual Town Meeting was called to order by Moderator Margery M. Battin, at 8:00 p.m., at the Clazke Middle School, 17 Stedman Road. A quorum of 175 members was present. � The Moderator declared a recess during which State Representative Jay R. Kaufinan, Superintendent of Schools Joanne Benton, and Lexington High School Principal Ernest � Van Seasholes recognized Lexington High School students being honored. 8:25 p.m. The Moderator called the meeting back to order. � � ARTICLE 2: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES 8:27 p.m. Jeanne Krieger moved the Report of the No Place for Hate Steering Committee be Accepted and Placed on File. MOTION ADOPTED Jill Smilow, 10 Fletcher Avenue,reported on the Steering Committee's activities. Richard Pagett moved the Report of the 2020 Vision Committee be Accepted and Placed � on File. MOTION ADOPTED Jerome Smith, 8 Ryder Lane,presented a verbal report. ; ARTICLE 11: ZONING BY-LAW,CENTER PARKING 8:38 p.m. Sheila Watson, 5 Patriots Dr.,Lexington Center Committee. � MOTION: That the Code of the Town of Lexington, Zoning By-Law be amended by inserting the following Zoning By-Law Section 135-70 in lieu of existing Zoning By-Law Section 135-70: � §135-70 PARHING IN CB DISTRICT Consistent with the goal of strengthening the Center Business District as a focal point of commercial and cultural activity in the Town, in furtherance of the obj ectives set forth in Section 135-62A, and in recognition of the close proximity of many different uses and a unique combination of shazed public and private parking and loading facilities in the ` Center Business District,the Board of Appeals shall have the authority by special permit to modify the off-street parking and loading requirements of Article XI in accordance with and subject to the provisions of this Section 135-70. , � - D. Where two or more activities or uses provide for required parking or loading in a common parking lot or loading area,the number of pazking spaces � or loading bays required may be reduced below the sum of the spaces or bays required for the separate activities or uses or if it can be demonstrated that the hours, or days, of peak parking or loading need for the uses are so different that a lower total will provide adequately for all uses or activities served by the parking lot or loading bay. Upon fmding that a proposed modification of off- - street parking or loading requirements will further objectives(1), (2)or(3) below, and the applicant has agreed to undertake specific measures satisfactory to the Board under(4)below, in the Center Business District the Board of Appeals may�grant a special permit modifying or reducing one or more of the � off-street parking and loading requirements of Article XI: ' (1) the proposed special permit is consistent with the general objectives set forth in Section 135-62A. : (2) the proposed use will have adequate parking and loading facilities considering � the combined public and private off-street parking and loading resources that : are available to serve the use. (3) The hours or days of peak parking or loading that will be generated by the proposed use will be sufficiently different from other uses in the same vicinity such that available parking and loading facilities will be adequate for all uses served by the parking lot or loading bay. (4) The applicant has agreed to undertake specific measures to improve the � accessibility of the parking azeas and enhance the connections between parking,pedestrian pathways,bike paths,main streets, and main destinations in such a way so as to improve the flow or safety of pedestrian or vehicular tr�c,the efficient sharing of existing parking spaces, and to contribute to strengthening the overall sense of place that is Lexington Center. Such measures may include,but are not limited to the following: (a) The applicant has agreed to improve the signage, lighting or designation of existing driveways,parking or loading facilities. ` 240 Adjourned Session of the 2004 Annual Town Meeting—Apri112, 2004 � (b) The applicant has agreed to improve the signage,lighting or designation of existing pedestrian pathways, connections or walkways serving the , location. (c) The applicant has agreed to add sidewalks,pedestrian pathways, or other ' pedestrian connections,to or from existing or proposed parking facilities, � that will serve the location of the proposed use. ' (d) The applicant has agreed to add sidewalks,pedestrian pathways, or other pedestrian connections to or from the location of the proposed use. (e) The applicant has agreed to make improvements to enhance emergency � access, snow removal,or storage and removal of trash. , � (� The applicant has agreed to make improvements to pedestrian or vehicular traffic flow that will more efficiently utilize existing resources in a manner � that will improve visitor access,traffic safety, and the Town Center , experience as an attractive and vibrant destination. (g) The applicant has agreed to make improvements that will substantially contribute to a safe and attractive environment for pedestrians in the Center Business District. (h) The applicant has agreed to make a technical or in kind contribution to improvements in public or other alternative transportation systems serving the Center Business District. � Where the Board of Appeals has determined that the applicant for a special permit has ' met the requirements of this subsection A,the Board of Appeals shall so find and•may attach such conditions and limitations as it deems necessary to ensure that such requirements will be complied with. Without limiting the generality of foregoing, such . conditions and limitations attached to the special permit may include conditions and limitations on hours of operation, scope of use,change of ownership,duration of the special permit and maintenance of agreed upon improvements. � The provisions of this subsection A sha11 remain in effect until the expiration of three(3) > years from the date of enactment,provided that such expiration sha11 not affect the • continuing validity of any special permit(and any attached conditions or limitations) � theretofore approved pursuant to this subsection A. E. LIMITATIONS. � ;: 1. no new off-street parking space,loading bay or driveway sha11 be permitted ._...� . for a depth of 30 feet from the street line of Massachusetts Avenue or of Waltham Street � within the Center Business District. 2. Required parking spaces may be provided on the same lot, or, if a special - pernut under Section 135-69D is granted by the Board of Appeals,on another lot within . the CB District provided such facility is within 1200 feet walking distance of the entrance of the building which such parking spaces are required to serve. 3. When there is a proposed change of use(s)within all or a part of a building within a CB District and: � (a) the change of use(s)results in a reduction in the number of required parking spaces under this Article XI as compared to the number of ' required parking spaces required under this Article XI calculated on the � basis of the use(s)within the building imxnediately prior to the change, � then � � f (b) the number of required parking spaces calculated on the basis of the use(s) ; within the building immediately prior to the change shall be calculated and certified in writing by the building owner or a representative of the owner �. to the town zoning officer and approved by the Town zoning officer; in which case (c) said higher nuxnber of certified pazking spaces shall be attributed to said building and available for use in connection with said building for purposes of ineeting the pazking requirements under this Article XI resulting from future changes in use(s)within said building. —' F. NON-PREEMPTION. The provisions of this Section 135-70 shall be construed as being cumulative and not in limitation of the provisions of Section 135-69. Sheila Watson, Howard Levin, and Daphne Politis of the Lexington Center Committee addressed the motion and spoke in support. " Jerald Michelson,pr.5,presented the minority report of the Lexington Center Committee. ; _ _ _ _ _____ _ _ _ - � - -_ _ _ _ _ . _ 241 � Adjourned Session of the 2004 Annual Town Meeting—Apri112, 2004 8:56 pm. Wendy Manz,pr.9,moved the Planning Board Report on Article 11 be Accepted and Placed on File. ADOPTED iJNANIMOUSLY Ms. Manz reported the unanimous support of the Planning Board. 9:02 p.m. Dawn McKenna reported the support of a majority(3-2)of the Board of Selectmen. Judith Uhrig reported the Board of Appeals had questions and concerns on the motion. Members, citizens and business representatives, spoke in support and against the motion and impact on restaurants operating in the center. �. The Moderator called for a standing vote,tallied as follows: Precinct Yes No 1 3 16 ' �^ 2 7 10 3 4 17 4 6 11 5 4 14 6 8 9 � 7 8 10 . 8 5 13 9 7 9 AL 3 7 TOTAL 55 116 ' 9:33 p.m. With 55 voting in the affirmative and 116 in the negative, MOTION DECLARED NOT ADOPTED. 9:33 p.m. Dawn McKenna served Notice of Reconsideration-Article 11. ARTICLE 6: ZOl�TING BY-LAW, COMMON AND USABLE OPEN SPACE IN . RESIDENTIAL DEVELOPMENTS ' 9:37 p.m. Anthony Galaitsis,pr.6. MOTION: That this article be indefinitely postponed. , ADOPTED UNANIMOUSLY � 9:39 p.m. Andrew Friedlich,pr.5,moved Article 42 be taken up. ADOPTED UNA1�iIMOUSLY ARTICLE 42: PATRIOT ACT RESOLUTION 9:40 p.m. Andrew Friedlich,pr.5. MOTION: That the following resolution be adopted: WHEREAS the Town of Lexington regards the liberties secured by our forefathers' sacrifices in this Birthplace of American Liberty and guaranteed in the Constitution and the Bill of Rights to be among the most sacred and honored foundations of our country � and character, which we are committed to protect; WHEREAS the Town of Lexington has a long and distinguished history of welcoming ; and supporting a diverse population,including a significant minority of non-citizens and foreign born residents; � WHEREAS the United States Constitution guarantees Americans certain fundamental � rights, including freedom of religion, speech, assembly and privacy;protection from unreasonable searches and seizures; due process and equal protection; and access to counsel,presumption of innocence and a fair, speedy,public trial; WHEREAS certain federal policies adopted since September 11,2001 including �•-- provisions in the USA PATRIOT Act(Public Law 107-56) and related executive orders, regulations and actions threaten fundamental rights and liberties by: �__ 2. authorizing the indefinite incarceration of non-citizens upon suspicion and the indefinite incarceration of citizens designated by the President as"enemy combatants"without access to counsel or meaningful recourse to the federal courts; 3. limiting traditional judicial oversight of search and seizure in order to expand authority of federal agents to conduct secret"sneak and peak" searches in which the subject is never aware his property or records have been searched, and granting agents broad access to personal medical,fmancial, library,bookstore and education records without any presentation to a judge of suspicion of a crime 4. burdening local police with potential responsibilities for enforcement of federal immigration law; 242 . Adjourned Session of the 2004 Annual Town Meeting—Apri112, 2004 • THEREFORE, BE IT RESOLVED that the Town of Lexington�rms that the rights of � a11 people within the Town should be protected by the Bill of Rights and the Fourteenth . Amendment of the U. S. Constitution;and AFFIRMS its strong opposition to terrorism, and that efforts to end terrorism should not be waged at the expense of the fundamental civil rights and liberties that are at the core of our national character and constitution. �. AFFIRMS its opposirion to those federal measures contained in the USA PATRIOT Act that infringe on constitutionally guaranteed rights and civil liberties. IT IS HEREBY FURTHER RESOLVED that Lexington Town Meeting: � 1. Request that the Board of Selectmen require the Town Manager to direct the Police � Department to: : a) maintain its present practice of not enforcing immigration matters,which are the � responsibility of the Department of Homeland Security, and not deny any town � � service on the basis of citizenship, and : b) maintain its present practice of not engaging in the surveillance of individuals and , groups of individuals based on their participation in activities protected by the � First Amendment, and c) maintairi its present practice of not utilizing racial profiling or religious profiling as factors in selecting which individuals are subject to investigatory activities except when used as part of the description of a specific suspect, and - d) refrain from acting with federal or state law enforcement officers to collect or maintain information about the political,religious or social views, associations or activities of any individual, group, association, organization, corporation,business or partnership,unless such information directly relates to an investigation of criminal activities, and . e) report to the Board of Selectmen any request by federal authorities that, if granted,would cause agencies of the Town of Lexington to exercise or cooperate in the exercise of powers in apparent violation of any town ordinance or the laws � or Constitution of this Commonwealth or of the United States; ; 2. Request that the Library Trustees direct the librarians within the Town of Lexington , to: Post within each library a notice to library users as follows: "WARNING: Under Section 215 of the federal USA PATRIOT Act(Public Law 107-56), records of the books and other materials you borrow from this library may be obtained by federal agents. That federal law prohibits librarians from informing you if records about you ' have been obtained by federal agents. Questions about this policy should be directed to: Attorney General John Ashcroft,Department of Justice, Washington, DC 20530;" and to affirm Cary Library's compliance with resolutions adopted by the American : Library Association and the Massachusetts Library Association in response to the USA Patriot Act to protect the privacy of library patron records by a policy that affirms"the collection of personally identifiable information should only be a matter of routine or po�icy when necessary for the fulfillment of the mission of the library;" 3. Request the School Committee to direct the Superintendent of Schools to: Provide notice to individuals whose education records have been obtained by law ; enforcement agents pursuant to section 507 or 508 of the USA PATRIOT Act; � : � 4. Direct the Town Clerk to: a) transmit a copy of this resolution to our elected federal officials Senators Edward Kennedy and John Kerry and Representative Edward , Markey accompanied by a letter urging them to: • monitor federal anti-terrorism tactics and work to repeal provisions of the � USA PATRIOT Act and other laws and regulations which infringe on r--, fundamental civil rights and liberties � • ensure that provisions of the USA PATRIOT Act"sunset"in accordance with the provisions of the Act • take a lead in congressional action to prohibit passage of future laws that weaken constitutional protections in the name of security; b) transmit a copy of this resolution to Governor Mitt Romney and appropriate members of the State Legislature accompanied by a letter � urging them to ensure that sta.te anti-terrorism laws and policies be ' implemented in a manner that does not infringe on civil liberties and to take such further action as may be necessary to oppose the USA ' PATRIOT ACT; � __ _ _ _ _ __ _ _-- ___ ,_ 243 Adjourned Session of the 2004 Annual Town Meeting—Apri112, 2004 ' c) transmit a copy of this resolution to President Bush and Attorney : General Ashcroft; . AND BE IT FURTHER RESOLVED that the provisions of this Resolution sha11 be severable, and if any phrase, clause, sentence, or provision of this Resolution is declazed by a court of competent jurisdiction to be contrary to the Constitution of the United States or of the Commonwealth of Massachusetts or the applicability thereof to any agency, person, or circumstances is held invalid,the validity of the remainder of this Resolution and the applicability thereof to any other agency,person or circumstances shall not be affected thereby. A^ 9:41 p.m. Mr. John T. Sackton, 8 White Pine Ln, and Ms. Carol Rose, Executive Director of the Massachusetts chapter of the ACLU further explained the motion. 9:50 p.m. Dawn McKenna reported opposition by a majority of the Board of Selectmen(3-2). Selectman Jeanne Krieger presented the Selectmen's minority report. Members spoke in support and in opposition and questioned the implementation of the resolution. � 10:16 p.m. Bernice Fallick,pr.6 moved the question now be put. MOTION ADOPTED. The Moderator called for a standing vote,tallied as follows: Precinct Yes No . 1 8 11 2 11 7 . 3 17 4 4 16 1 5 12 6 • 6 14 2 , � 7 17 0 8 15 3 9 13 3 ` "� AL 7 3 � TOTAL 130 40 � 10:29 p.m. With 130 voting in the affirmative and 40 in the negative, MOTION DECLARED ADOPTED. ARTICLE 41: LONG RANGE PLANNING eOMMITTEE � 10:30 p.m. Ephraim Weiss,pr.5. MOTION: That a Long Range Planning Study Committee(LRPSC)be formed, consisting of five members, one each appointed by the Moderator,the . Board of Selectmen,the School Committee,the Appropriation Committee and the � Capital Expenditures Committee. The LRPSC shall consider how to institutionalize long range planning(over a period of at least five to ten years) in Lexington, and recommend how to provide for the incorporation of such long range planning into local government operations. The LPRSC shall strive to identify specific initiatives that will yield long-term . benefits for Lexington(overall cost savings,better quality services delivered to the citizens, improved ability to achieve town priorities). �. The LRPSC shall also consider the establishment of a Strategic Audit Committee to examine the current operations of our local government and to identify and facilitate improvements to the way we do business,with the purpose of delivering municipal and school services in the most cost-effective manner possible. The LRPSC sha11 recommend concrete steps to implement its recommendations. The LRPSC may provide progress reports to the appointing committees and to the Town Meeting,and shall issue a final report no later than one month prior to t]ie � opening of the 2005 Annual Town Meeting. � � 244 Adjourned Session of the 2004 Annual Town Meeting—Apri112, 2004 - 10:34 p.m. Peter Kelley reported the unanimous support of the Board of Selectmen. : Alan Levine reported the Appropriation Committee had no formal � recommendation. John Rosenberg reported the opposition of the Capital Expenditures Committee. Thomas Griffiths reported the support of a majority of the School Committee(3-2). Members questioned the need,membership appointment process, and perceived creation of 2 concurrent parallel processes. Members spoke in support and opposition. - The Moderator called for a standing vote,tallied as follows: Precinct Yes No � 1 8 2 2 6 7 3 8 10 4 4 12 5 12 4 6 8 9 7 6 10 8 3 12 9 7 9 • AL 8 1 TOTAL ?0 � 76 ; 10:49 p.m. With 70 voting in the affirmative and 76 in the negative, ' MOTION DECLARED NOT ADOPTED. 10:53 p.m. Charles Lamb,pr.4, served Notice of Reconsideration—Article 41. � 10:54 p.m. Selectman Dawn McKenna moved adjournment until Wednesday evening, � . April 14, 2004 at 8:00 p.m., Clarke Middle School. MOTION ADOPTED. � - A true copy, s ATTEST: Donna M. Hooper,Town Clerk �: ;• ,: . �: �. :, , �; . F � � �. .._._..____ _-.__.__ ._..-____ ...... ._.... _.__.. . __. ... . .. _ .._ ... ._ .... . ... . ._ .____._._ � .__'_.. _______- _ . . 245 ADJOURNED SESSION OF THE 2004 ANNUAL TOWN MEETING Apri114,2004 The fifth session of the 2004 Annual Town Meeting was called to order by Moderator Margery M. Battin, at 8:00 p.m., at the Clarke Middle School, 17 Stedman Road. A quorum of 154 members was present. ARTICLE 2: REPORTS OF TOWN BOARDS,OFFICERS, COMMITTEES 8:00 p.m. Selectman Dawn McKenna moved the Report of the Tourism Committee � be Accepted and Placed on File. MOTION LTNANIMOUSLY ADOPTED �- - Kerry Brandin, 16 Franklin Rd,reported on the Committee's activities. 8:08 p.m. Dan Fenn,pr.3,reported on the upcoming broadcast on `Patriots Day' by the PBS, Channel2, on April 19�'. 8:09 p.m. Selectman Peter Kelley moved ARTICLE 17 be taken up. ADOPTED UNANIMOUSLY ARTICLE 17: SUPPLEMENTARY APPROPRIATIONS FOR AUTHORIZED CAPITAL IMPROVEMENT PROJECTS 8:10 p.m. Selechnan Peter Kelley. MOTION: That$345,000 is appropriated for the purpose of acquiring,a pumper truck for the Fire Department; and that to rais�this appropriation,the Treasurer,with the approval of the Board of Selectmen is authorized to borrow $345,000 under G.L. c. 44, §7(9)or any other enabling authority. Shirley Stolz,pr.8,reported unanimous support-Capital Expenditures Committee. Sheldon Spector,pr.6,reported unanimous support-Appropriation Committee. 8:14 p.m. Following voice vote,DECLARED LJNANIMOUSLY ADOPTED. • 8:14 p.m. George Burnell,pr.7, served Notice of Reconsideration—Article 17. ( 8:15 p.m. Selectman Jeanne Krieger moved Article 19 be taken up. MOTION �--- ADOPTED ARTICLE 19: WATER DISTRIBUTION IMPROVEMENT 8:15 p.m. Selectman Jeanne Krieger. MOTION: That the Selectmen are authorized to install new or replacement water mains and line and reline water mains 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$850,000 for such installation and lining and land acquisition; and that to raise this appropriation $400,000 be transferred from the Water Enterprise Fund and that the Treasurer with approval of the Boazd of Selectrnen is authorized to borrow $450,000 under G.L. c. 44, § 8 or any other enabling authority, a11 or a portion of which borrowing may be from the Massachusetts Water Resources Authority("MWRA") and in connection therewith to enter into a loan agreement andlor security agreement with the MWRA with respect to such loan. Narain Bhatia,pr.9,reported the unanimous support of the Capital Expenditures �'^ Committee. Y Karen Dooks,pr.2,reported unanimous support of the Appropriation Committee. -� 8:16 p.m. Members questioned repairs and coordination with street resurfacing. 8:19 p.m. Following a voice vote, MOTION DECLARED ADOPTED by more than required TWO-THIRDS. � 8:20 p.m. George Burnell,pr.7, served Notice of Reconsideration—Article 19. 8:20 p.m. Hank Manz,pr.9,moved the meeting recess and reconvene at 10:15 p.m. to allow the Town Meeting Members Association to conduct information meeting on the 2005 municipal budget. ADOPTED UNANIMOUSLY. 246 Adjourned Session of the 2004 Annual Town Meeting-April 14, 2004 10:05 p.m. Meeting called to order; Richard Pagett moved Article 20 be taken up. � ADOPTED UNANIMOUSLY. :- ARTICLE 20: SA1vITARY SEWER IMPROVEMENTS 10:05 p.m. Selectrnan Richard Pagett. MOTION: That the Selectmen aze authorized to install sewer mains and sewerage systems and replacements thereof in such accepted or unaccepted sixeets 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, and acts in addition thereto and amendment thereof, 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$600,000 and to raise such amount$600,000 be transferred from the � Sewer Enterprise Fund; and to authorize the Selectmen to apply for,accept, : expend and borrow in anticipation of federal and state aid for such sewer projects. 10:05 p.m. Richard Pagett reported the unanimous support of the Board of Selectmen. Narain Bhatia,pr.9, reported the unanimous support of the Capital Expenditures Committee. Karen Dooks,pr.2,reported the unanimous support of the Appropriation Committee. � 10:08 p.m. Members questioned septage hauler practices and catch basin cleaning costs. 10:13 p.m. MOTION DECLARED ADOPTED UNArTIMOUSLY 10:13 p.m. George Burnell,pr.7, served Notice of Reconsideration—Article 20. ARICLE 33: REMOVAL AND INSTALLATION OF UTILITY POLES 10:13 p.m. Paul Chernick,pr.6. MOTION: That the following resolution be adopted: Whereas the owners of utility poles in Lexington have long been in violation � of their legal responsibilities under Section 34B of Chapter 164 of the General Laws to remove double poles in a timely manner, and - Whereas no adequate legal mechanism exists to compel compliance with Section 34B of Chapter 164, or to compensate communities for the violation � :� of said statute,and � . Whereas the owners of utility poles in Lexington have failed to respond adequately to the Town's efforts to encourage voluntary compliance with Section 34B of Chapter 164, and Whereas the Town of Bedford has enacted a Bylaw that would fine the pole owners for such violations,therefore be it resolved that: Town Meeting urges the Selectmen to support Bedford,and encourage other municipalities to do so,in its on-going litigation concerning the implementation of its double-pole Bylaw, and � Town Meeting urges its representatives in the Great and General Court to introduce and support legislation to affirm the right of municipalities :` to enfarce Section 34B of Chapter 164, and Y Town Meeting hereby memorializes its intention to enact a Bylaw -- substantially similar to that of Bedford, at the first Town Meeting following the resolution of the pending litigation, and � Town Meeting requests the Town Clerk to transmit a copy of this �" resolution to each of Lexington's representatives in the Great and General Court and to the Selectmen of the Town of Bedford. _—., 10:21 p.m. William Kennedy reported the support of a majority of the Board of Selectmen(4-1). 10:22 p.m. MOTION DECLARED ADOPTED. : 10:23 p.m. Selectman Dawn McKenna moved adjournnient until Monday, - Apri126, 2004 at 8:00 p.m., Clarke Middle School. MOTION ADOPTED � A true copy, ATTEST: �� Donna M. Hooper, Town lerk �� _ __ _ _ __ ____ _ . _ _ _ _ � _ _ _ __ . 247 ADJOURNED SESSION OF THE 2004 ANNUAL TOWN MEETING � Apri126,2004 The sixth session of the 2004 Annual Town Meeting was called to order by Moderator Margery M. Battin, at 8:00 p.m., at the Clarke Middle School, 17 Stedman Road. A : quorum of 168 members was present. A moment of silence was held in honor of the recent passing of Joyce Hals. ARTICLE 2:REPORTS OF TOWN BOARDS,OFFICERS, COMMITTEES � �' 8:10 p.m. Selectrnan Dawn McKenna moved the Report of the Town Manager be �__ Accepted and Placed on file. IJNANIMOUSLY ADOPTED. Town Manager Richard J. White reported. 8:30 p.m. Deborah Brown,pr.7,moved the Report of the�Appropriation Committee (including the April 13�'and Apri126`�addenda)be Accepted and Placed on File. UNA1vIMOUSLY ADOPTED Deborah Brown presented the Committee's report, and possible FY2005 proposition 2 %z override of$4.24M. 9:00 p.m. Edmund Grant,pr.6,moved Article 13 then Article 12 be taken up in that order as the first order of business on Wednesday, May 12�'. • UNANIMOUSLY ADOPTED - ARTICLE 14: OPERATING BUDGET 9:00 p.m. Selectman Dawn McKenna. MOTION: That the following amounts be appropriated for the ensuing fiscal year and be raised in the tax levy except where a transfer is indicated , they shall be provided by such a transfer: 9:02 p.m. Superintendent Joanne Benton presented the requested funding for the ; Lexington Public Schools. School Committee Chairman Thomas Gri�ths followed up and acknowledged Mrs. Benton's contributions as � Superintendent for the Lexington Public Schools as this would be Mrs. Benton's Zast town meeting. Discussion followed, and members questioned school technology grant requests, the hiring of new teachers, 2003 student enrollment and enrollment driven budget increases. Education 1100 Lexington Public Schools $66,357,468 (Provided,however,that$3,271,485 of the appropriation is contingent upon the approval of an override question appearing on the ballot for a 2004 special � election.) (And further that the School Department is authorized to enter into equipment � � lease/purchase agreements from time to time provided that each such agreement is subject to annual appropriations.) 9:37 p.m. Minuteman School Committee representative, Marjorie Daggett,pr.5, explained requested FY05 funding for the Minuteman Regional School. � 1200 Minuteman Regional School $928 474 , Employee Benefits .- 2110 Contributory Retirement $3,015,532 . (Of which$65,762 is to be transferred from the Water Enterprise Fund and $16,441 is to be transferred from the Sewer Enterprise Fund.) ' 2120 Non-Contributory Retirement $85,000 � 2130-2150 Insurance $4,804,653 (Of which$91,388 is to be transferred from the Water Enterprise Fund,$52,888 is to be transferred from the Sewer Enterprise Fund and$22,000 is to be transferred from the Recreation Enterprise Fund.) (and further that amounts appropriated in this article for employee health and life insurance shall be ; transferred to this account to fund cost items(a)included in collective bargaining agreements reached between the Town and employee organizations and(b)resulting from such agreements as they bear on the Town employee compensation plan.) 248 Adjourned Session of the 2004 Annual Town Meeting-Apri126, 2004 Debt Service 2210 Payment on.Funded Debt $3,441,000 (Of which$260,000 is to be transferred from receipts reserved for appropriation.) 2220 Interest on Funded Debt $553,670 (Of which$5,200 is to be transferred from receipts reserved for appropriation.) 2230 Temporary Borrowing $242 512 , 2240 Exempt Debt $6,363 045 , (Of which$937,960 is to be transferred from receipts reserved for appropriation and$100,000 is to be transferred from the Recreation Enterprise Fund.) �-� O�erating Articles I ` 2310 Reserve Fund $150,000 . 2320 Municipal Salary Adjustments $50,000 _ (Such sum of$50,000 is appropriated to fund cost items as necessary for step raises for municipal employees. The amount voted is to be distributed among personal services accounts as authorized by the Town Manager with the approval � of the Board of Selectmen.) (Of which$2,029 is to be transferred from the Water Enterprise Fund and$1,791 is to be transferred from the Sewer Enterprise Fund.) Organizational Expenses . 2400 Municipal Services&Expenses Personal Services $33,976 2400 Municipal Services&Expenses ' $102,400 9:48 p.m. Selectman Dawn McKenna explained transfer of stipend for Battle Green Guide from line item 2400 to line item 7300. Community Services 3100- DPW Personal Services $2,801,758 � 3500 (Of which$262,613 is to be transferred from the Water Enterprise Fund, $262,613 is to be transferred from the Sewer Enterprise Fund,$100,000 is to be - transferred from the Cemetery Trust Funds and$75,000 is to be transfened from the Recreation Enterprise Fund.) --, (Provided,however,that$40,000 of the appropriation is contingent upon the � approval of an override question appearing on the ballot for a 2004 special � _ � election.) 3100- DPW General Expenses $4,020,096 3500 (Of which$191,000 is to be transferred from the Water Enterprise Fund, � $191,000 is to be transferred from the Sewer Enterprise Fund,and$88,626 is to be transferred from the Parking Meter Fund;and provided further that the Town � Manager may enter into an agreement or agreements with one or more governmental units to perform jointly with such units any service,activity or undertaking authorized by law.) , (Provided,however,that$154,693 of the appropriation is contingent upon the approval of an override question appearing on the ballot for a 2004 special election.) ;: (And further that the Town Manager is authorized to enter into communications �= equipment agreements,equipment lease/purchase agreements from time to time provided Y. that each such agreement is subject to annual appropriations.) ;� (And in addition that up to$95,000 of expenses for the purchase of burial containers and � composting/recycling products to be funded by the receipts of$95,000 in anticipated s revenues to the DPW Revolving Account and that tt►e Town Manager is authorized to �; expend such funds and further that the surplus from FY2003 in the amount of$18,665 may be closed to the General Fund.) (And in addition StatelFederal Grants, site generated revenue and/or refuse stabilization : funds as permitted under existing agreements may be used to meet Division of f `• Environmental Protection guidelines at the Hartwell Avenue landfill site.) � (And to permit the Town to enter into agreements with either private or public entities in � order to enhance public services,increase revenue, improve efficiency,or save money to the benefit of the Town.) . . � 9:56 p.m. Charles Hornig,pr.8, spoke in support of the Environmental Services Superintendent position and explained the purpose of impending amendment. . �: r _____ _ _ _ _ ____ _ _ _ _ _ __ � _ _ 249 � Adjourned Session of the 2004 Annual Town Meeting—Apri126, 2004 -. 10:01 p.m. Charles Hornig,pr.8,moved the following amendment: � MOTION: That the following be substituted for the 4'�'paragraph under line item `3100-3500 DPW General Expenses': (And in addition that up to$165,000 of expenses for the purchase of burial containers and composting/recycling products and for related personal services including the fringe benefits of the full time employee to be funded by the receipt of$165,000 in anticipated revenues to the DPW Revolving Account and that the � Town Manager is authorized to expend such funds and further that the surplus from FY2003 in the amount of$18,665 may be closed to the General Fund.) _ Dawn McKenna reported opposition by a majority of the Board of Selectmen(3-2). Selectman Jeanne Krieger, on behalf of Ms. Krieger and Mr. Kennedy,presented the minority report of the Board of Selectmen in support of Mr. Hornig's amendment. AZan Levine reported the majority of the Appropriation Committee (S-3)supports Mr. Hornig's amendment. Eric Michelson presented the minority report of the Appropriation Committee. Members questioned the intent of the amendment, spoke in support of and against the . amendment, summarized environmental services accomplishments and issues. 10:23 p.m. Diane Carr, 255 Emerson Rd, and Board Member of Citizens for Lexington Conservation, urged support of the amendment. 10:25 p.m. Selectman Peter Kelley spoke in opposition. Discussion ensued with members speaking in support, questioning revenues generated, • and reiterating the motion's benefits. 10:33 p.m. The Moderator called for a standing vote on the Hornig amendment, tallied as follows: Precinct Yes No 1 9 � 6 2 12 4 3 17 2 ' !"^ 4 16 2 5 9 7 , 6 12 4 � 7 11 5 8 13 2 9 16 1 AL 6 5 TOTAL 121 38 10:37 p.m. With 121 voting in the�rmative and 38 in the negative, AMENDMENT DECLARED ADOPTED. 10:38 p.m. Thomas Griffiths addressed previous questions and issues regarding the � school budget and reviewed contractual obligations. . 10:40 p.m. Richard Michelson,pr.8, questioned the accounting process for transfer of parking meter funds. Town Manager Richard J. White responded. 10:42 p.m. Selectman McKenna moved adjournment until 8:00 p.m., Wednesday, , Apri128, 2004, Clarke Middle School. MOTION ADOPTED. . A true copy, � , ATTEST: ` � Donna M. Hooper, Town Clerk : 250 ADJOURNED SESSION OF THE 2004 ANNUAL TOWN MEETING April 28,2004 The seventh session of the 2004 Annual Town Meeting was called to order by Moderator Margery M. Battin, at 8:00 p.m., at the Clarke Middle School, 17 Stedman Road. A quorum of 163 members was present. A recess was declazed for presentation of Michael Wagner Educational Technology and School Diversity awards by Superintendent Joanne Benton, staff, and Wagner family � members. Superintendent Benton was herself presented a lifetime achievement award to .-,� recognize her role in promoting diversity within the educational system of Lexington. � ' 8:20 p.m. Moderator Margery Battin called the meeting back to order and � acknowledged the many contributions of S. Lawrence Whipple upon his retirement as Director of Battle Green Guides. ARTICLE 2: REPORTS OF TOWN BOARDS, OFFICERS,COMMITTEES 8:22 p.m. Selectman William Kennedy moved the Report of the Cary Library Trustees be Accepted and Placed on File. ADOPTED UNANIMOUSLY. Library Director Carol Mahoney reported on behalf of the Trustees and summarized the progress culminating in the library's recent renovation and reopening on Apri120�'. Sandra Shaw moved the 2004 Report of the Recreation Committee be Accepted and Placed on file. MOTION UNANIMOUSLY ADOPTED. Ms. Shaw siunmarized the Committee's initiatives. 8:32 p.m. Chairman George Burnell moved the Report of the t��s� caPital Expenditures Committee be Accepted and Placed on File. ADOPTED �- UNAI�TIMOUSLY Mr. Burnell outlined capital and financial issues • confronting the community. � . 8:50 p.m. The Meeting continued discussion of the Operating Budget. � '. � ARTICLE 14: OPERATING BUDGET 8:50 p.m. Selectman Dawn McKenna moved the following AMENDMENT to Article 14, line items 3100-3500,explaining the amendment to be a housekeeping matter: MOTION: I move that Article 14,Line Item 3100-3500 DPW Personal Services and 3100-3500 DPW General Expenses be amended as follows: Communitv Services 3100- DPW Personal Services $2,801,758 3500 Add the following to the end of the first paragraph under 3100-3500 DPW = Personal Services: "and$42,647 is to be transferred from the Parking Meter Fund." 3100- DPW General Expenses $4,020,096 Change the following in the first paragraph"and$88,626 is to be transferred � from the Parking Meter Fund;"to read"and$45,979 is to be transferred from the Parking Meter Fund." 8:50 p.m. AMENDMENT ADOPTED i7NANIMOUSLY. --, 8:54 p.m. School Committee Chairman Thomas Griff ths spoke on some supporting � ' documents pertaining to line item I100-Lexington Public Schools. � 3600 Transportation Personal Services $65,184 (Provided,however,that$45,184 of the appropriation is�contingent upon the � approval of an override question appearing on the ballot for a 2004 special election.) 3600 Transportation Expenses $225,844 , (Provided,however,that$167,844 of the appropriation is contingent upon the approval of an override question appearing on the ballot for a 2004 special � election.) _ - --___ _ __ ___ _ _ � _,_ -._ _ _ _ _ __ _ ___ _ __ _ ,_ 251 ` Adjourned Session of the 2004 Annual Town Meeting—April 28, 2004 � 8:54 p.m. Members questioned the Transportation Advisory Committee on . minimum services and funding needs. 3700 Water Deparlrnent $5,717,042 � (And that to raise such amount$5,717,042 be transferred from the Water Enterprise Fund.) 3800 Sewer Department $7,383,253 (And that to raise such amount$7,383,253 be transferred from the Sewer Enterprise Fund.) Public Safetv 4100 Law Enforcement Personal Services $3,855,631 - . (Of which$164,374 is to be transferred from the Parking Meter Fund.) � (Provided,however,that$69,671 of the appropriation is contingent upon the , approval of an override question appearing on the ballot for a 2004 special election.) 4100 Law Enforcement Expenses $415,140 � (Of which$22,000 is to be transferred from the Parking Meter Fund.) � (Provided,however,that$26,411 of the appropriation is contingent upon the approval of an override question appearing on the ballot for a 2004 special election.) ' 4200 Fire Depai�tment Personal Services $3,571,007 4200 Fire Department Expenses $432,289 � (Provided,however,that$19,317 of the appropriation is contingent upon the approval of an override question appearing on the ballot for a 2004 special election.) , Culture and Recreation � 5100 Library Personal Services $1,400,313 � (Provided,however,that$191,730 of the appropriation is contingent upon the . approval of an override question appearing on the ballot for a 2004 special : election.) 5100 Library Expenses $276,859 ' . 9:08 p.m. Members commented on proposed fundingfor line item and needs ; � to meet the library s state certifrcation. � 5200 Recreation Deparhnent � $1,417 355 (And to raise such amount$1,417,355 be transferred from the Recreation � Enterprise Fund.) � Social Services 6000 Social Services Personal Services $207,463 � (Provided,however,that$45,000 of the appropriation is contingent upon the approval of an override question appearing on the ballot for a 2004 special election.) � 6000 Social Services Expenses $206,252 � (Provided,however,that$46,033 of the appropriation is contingent upon the . approval of an override question appearing on the ballot for a 2004 special election.) • 9:12 p.m. Council on Aging Chair Marion Cohen moved line items 6000 and 8100 be taken up . ; together. MOTIONADOPTED. Ms. Cohen explained the intent of the Council to seek inclusion of the Adult Day Care progr-am in the base hudget. ; 9:17 p.m. Marion Cohen moved the following AMENDMENT: MOTION: Line Item 6000 Social Services Expenses be amended to read as follows: 6000 Social Services Expenses. $190,219 � � (And in addition that a revised fee structure for the Social Services Adult Day Care Program be approved by the Board of Selectrnen before June 1,2004 in order to generate � an additional$16,033.) `�� and Line Item 8110 Board of Selectmen Administration Personal Services be amended by adding the following parenthetical clause: � (Provided,however,that$16,000 of the appropriation is contingent upon the approval of an override question appearing on the ballot for a 2004 special election.) and Line Item 8110 Board of Selectmen Administration Expenses be amended by adding the following parenthetical clause: (Provided,however,that$14,000 of the appropriation is contingent upon the approyal of an ovemde question appearing on the ballot for a 2004 special election.) 252 Adjourned Session of the 2004 Annual Town Meeting—Apri128, 2004 - Dawn McKenna reported a majority of the Board of Selectmen opposes the amendment(3-2) and spoke in opposition. William Kennedy presented the minority report of the Board of Selectmen on behalf of Selectman Jeanne Krieger and himself. Council on Aging member Leo McSweeney, 135 Lincoln St, spoke in support. Selectman Richard Pagett spoke in opposition. Members questioned Social Services Director Lauren MacNeil on alternative day care options within the community, daily rates, and costs for the town to provide services. _ Following a video from program participants, members spoke in support and opposition and further questioned program costs, revenue generated, and provision of services. 9:41 p.m. David Harris,pr.4, moved debate be extended 10 minutes. MOTIONADOPTED. `-" Members continued debate on alternative services and day care options available within the community, speaking in support and in opposition. 9:50 p.m. Edith Sandy moved a ca11 of the roll be taken when voted. MOTION NOT ADOPTED. 9:54 p.m. The Moderator called a recess for the Appropriation Committee to caucus. 10:00 p.m. The meeting was called to order and Chairman Deborah Brown reported the unanimous support . of the Appropriation Committee and urged the Selectmen to increase fees for the day care program. 10:02 p.m. The Moderator called for a standing vote on the Cohen amendment, tallied as follows: Precinct Yes No • 1 17 0 2 14 0 � 3 16 0 4 16 1 5 13 4 6 14 1 • 7 IS 0 ' 8 15 2 '-1', 9 15 0 + AL 13 3 ""'� TOTAL 148 11 10:07 p.m. With 148 voting in the affirmative and 11 in the negative, � AMENDMENT DECLARED ADOPTED. Communitv Development 7100 Community Development Personal Services $576,477 (Provided,however,that$38,044 of the appropriation is contingent upon the approval of an override question appearing on the ballot for a 2004 special election.) 7100 Community Development Expenses $58,360 (Provided,however,that$20,000 of the appropriation is contingent upon the approval of an override question appearing on the ballot for a 2004 special election.) , 7200 Planning Personal Services $184,497 (Provided,however,that$17,361 of the appropriation is contingent upon the approval of an override question appearing on the ballot for a 2004 special � election.) ` 7200 Planning Expenses $8,450 10:10 p.m. Ephraim Weiss,pr.S, questioned planning fees and setvices provided. .- � 7300 Economic Develo ment Personal Services $� ! , P � (And in addition authorize the establishment of a revolving.fund,under section 53E%of Chapter 44 of the General Laws,Liberty Ride Revolving Fund, and ` further authorize the Town Manager to expend up to$198,994 to administer the : Liberly Ride Program to be funded from fares and other revenues received from the operation of the Program,however,private donations for the Liberty Ride Program shali continue to be accepted and applied by the Board of Selectmen and shall not constitute receipts of the revolving fund established by this vote.) � 7300 Economic Development Expenses , $0 _ _ - ---_ _—_ _ _ _ ___ 1 _ __ -- _ _ _ . _ _ 253 : Adjourned Session of the 2004 Annual Town Meeting—Apri128, 2004 10:15 p.m. Selectman Dawn McKenna explained the need for an amendment to line item 7300 � due to coverage of Battle Green Guide costs to this account. Chairman Deborah Brown reported the unanimous support of the Appropriation Committee. Dawn McKenna moved the following amendment: MOTION: I move that Article 14,Line Item 7300 Economic Development Personal Services,be amended by replacing the appropriated amount from$0 to$6,000 and further amending the cap on expenditures authorized from the Liberty Ride Revolving Fund from $198,994 to$192,994. � Paul Lapointe,pr.2, questioned if the Liberiy Ride is self-sustaining and if the ride should be included in the town's budget or might appropriately be funded ff-om _ other sources. Selectman McKenna explained funding for the service. Mr. Lapointe : encouraged the appropriate source offunding the Liberiy Ride be reviewed over the upcoming year. 10:18 p.m. AMENDMENT ADOPTED. 10:19 p.m. Members proceeded to question Liberty Ride funding sources, language of the motion and use of the Selectmen's G�Account, and assurance of the gift account continuation so the Ride would not be an expense to the town. Town Manager Richard White reported anticipated fees to be generated will reside in the fund and be used to pay for the service, and will include support from the Chamber of Commerce and others. Mr. White explained the Committee had a business plan, that the revolving account is a sign the service is to be self-paying, and should a deficit arise it would have to be addressed. � Appropriation Committee member Paul Hamburger summarized projected revenue and expenses. Members inquired about funding from the Town of Concord. Selectman Dawn McKenna expressed hopes that Concord would approve extending the ride into Concord as of July 1 S`and that no contributions would be coming from Concord but the Committee had requested permission to solicit contributions ft-om businesses in Concord. Tourism Committee member Richard Canale presented preliminary FY05 budget figures. . Tom Fenn,pr.9,further commented on funding the operation and expressed his concern.. Town Manager Richard White explained the operation of a revolving account. Members further questioned increase in costs with questionable funding guarantees, guarantee of revenue neutrality, Selectmen authority to appropriate funds without town meeting, and ability to take funds from the town's treasury without authorization. Selectman Dawn McKenna explained the intent for revenue neutrality. Rod Cole,pr.9, questioned Ride expansion and appropriation of funds should a deficit be incurred.. Town Manager Richard White explained funds could not be appropriated. General Government 81 l0 Board of Selectmen Administration Personal Services $61,983 (Of which$2,356 is to be transferred from the Water Enterprise Fund and$2,357 is to be transferred from the Sewer Enterprise Fund.) � 8110 Board of Selectmen Administration Expenses $69,150 , 8120 Legal Fees&Expenses $225,000 � 8130 Town Report $6,000 � 8200 Town Manager Personal Services $352,103 (Of which$34,558 is to be transferred from the Water Enterprise Fund and $34,559 is to be transferred from the Sewer Enterprise Fund.) (Provided,however,that$25,000 of the appropriation is contingent upon the approval of an override question appearing on the ballot for a 2004 special election.) 8200 Town Manager Expenses $14,667 Town Committees 8310 Appropriation Committee Expenses $1,000 8320 Miscellaneous Boaxds&Committees Expenses $8,755 � 8330 Public Celebrations $25,000 Finance . 8400 Finance Personal Services $658,902 (Of which$159,356 is to be transferred from the Water Enterprise Fund and $159,356 is to be transferred from the Sewer Enterprise Fund.) 8400 Finance Expenses $221,700 (And further that the Treasurer and Collector is hereby authorized to enter . into compensating balance ageements during fiscal years 2005,2006 and 2007,as permitted by General Laws Chapter 44, Section 53F.) 254 Adjourned Session of the 2004 Annual Town Meeting—Apri128, 2004 � 10:44 p.m. Members proceeded to pose questions on line item 8400, Cary Library funding, water and sewer enterprise funding sources, Selectmen support for an override of proposition 2 %z, and line item 8500. Town Clerk 8500 Town Clerk Personal Services $190,686 (Provided,however,that$12,600 of the appropriation is contingent upon the approval of an override question appearing on the ballot for a 2004 special election.) _ 8500 �'own Clerk Expenses $59,125 �� ` Mana�ement Information Systems J �. 8600 MIS Personal Services $165,065 (Of which $28,064 is to be transferred from the Water Enterprise Fund and $28,064 is to be transferred from the Sewer Enterprise Fund.) 8600 MIS Expenses $190,900 ; (Provided,however,that$50,000 of the appropriation is contingent upon the approval of an override question appearing on the ballot for a 2004 special election.) 10:51 p.m. Patrick Mehr,pr3, moved: MOTION: Article 14 be amended by adding the following Resolution: � Whereas,the Lexington Tree by-law reyuires that the Board of Selectmen set an � application fee for tree removal permits,but no such fee has been set,yet enforcement of said Tree by-law costs the Town approximately$14,000 per year; Whereas,miscellaneous fire safety inspection fees have not been increased in 20- � 25 years, and the cost of providing the service is approximately$35,000 per year more than the amount received in fees; Whereas,parking meter rates have been 25 cents per hour for the past 17 years, '. and currently yield$178,000 (including the associated Meriam St lot fees); . Whereas,building inspection fees have been set at$12/$1,000 for at least 5 years while other towns charge $15/$1,000,representing $180,000 more in collections than what Lexington currently charges; �'� RESOLVED: the Town Meeting asks the Board of Selectmen to review all � � municipal fees as soon as possible, as the above four fees may represent an `—' additional $407,000 in revenues for the Town. 1 D:S4 p.m. Dawn McKenna reported the intent of the Board of Selectmen to review fees and reported opposition of the Board on a vote of 4-1 : 10:54 p.m. RESOLUTION ADOPTED. 10:55 p.m. Following a voice vote on Article 14,as amended,MOTION UNANIMOUSLY ADOPTED. 10:55 p.m. Deborah Brown,pr.7,served Notice of Reconsideration on Article 14. , Scott Burson,pr.4,served Notice of Reconsideration on Art. 14-line item 1100. Frank Sandy,pr.6,served Notice of Reconsideration on Art. 14 line item 7300. Dawn McKenna served Notice of Reconsideration on Art. 14-line item 3100- ` 3500. � � 4 10:58 p.m. Selectman Dawn McKenna moved the meeting be adjourned until Monday, � May 3,2004 at 8:00 p.m.,Clarke Middle School. MOTION ADOPTED. ; � , A true copy: / �� ' ATTEST: Donna M. Hooper, Town Clerk � � � _ ,._, - h .._..__ _-_-___..... _. ._._. ..-___. .. .____. . . ._... _._. .__ - __.___ _...... .. ._ . ... __... ......... . . _. . .. ...____ ..._._ -_.._.._. ..... ____.-_- -_._.... 255 _ ADJOURNED SESSION OF THE 2004 ANNUAL TOWN MEETING May 3,2004 The eighth session of the 2004 Annua.l Town Meeting was called to order by Moderator Margery M. Battin, at 8:00 p.m., at the Clarke Middle School, 17 Stedman Road. A quorum of 171 members was present. �-- The Moderator outlined the plans for the evening's article presentations. ARTICLE 2: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES - _ 8:07 p.m. Marion Cohen,pr.2,moved the Report of the Council on Aging be Accepted and Placed on File. MOTION ADOPTED UNANIMOUSLY. Mrs. Cohen reported on the Council's activities. 8:13 p.m. Elaine Dratch,pr.5,moved the Report of the Transportation Advisory Committee be Accepted and Placed on File. MOTION ADOPTED UNANIMOUSLY Sara Arnold reported on the Transportation Advisory Committee's activities. 8:20 p.m. Fred Rosenberg,pr.9, questioned revolving account deficits/surplus. 820 p.m. Selectman Dawn McKenna moved Article 15 be postponed until Wednesday,May 12�`. UNArTIMOUSLY ADOPTED. ARTICLE 16: PRIOR YEARS' UNPAID BILLS • 8:22 p.m. Selectman Dawn McKenna. MOTION: That this article be indefinitely postponed. ADOPTED UNA1vIMOUSLY Article 18 CAPITAL PROJECTS AND EQUIPMENT 8:24 p.m. Selectman William Kennedy. MOTION: That the following amounts be appropriated for the following capital • improvements and that each amount be raised as indicated: � (a) Building Envelope- $340,000 and that the Treasurer with the approval of the Board of Selectmen is authorized to borrow$340,000 under � G.L. c. 44, § 7(3A) and §7(22)or any other enabling authority; 8:24 p.m. William Kennedy reported support of the Board of Selectmen; John Rosenberg reported the unanimous approval of the Capital Expenditures Committee; Sheldon Spector reported the approval of the Appropriation Committee; Thomas Gri�ths reported the unanimous support of the School Committee. (b) Public Works Equipment—$370,000 and that the Treasurer with the approval of the Board of Selectmen is authorized to borrow$370,000 under G.L. c. 44, § 7(9)or any other enabling authority; 8:30 p.m. William Kennedy reported the support of the Board of Selectmen; Narain Bhatia reported the unanimous support of the Capital Expenditures Committee; Sheldon Spector reported the support of the Appropriation Committee.. (c) DPW Operations Facility- $0; (d) Street Related Improvements- $1,OU0,000 and that$500,000 be raised in the tax levy; and in addition the Selectmen are authorized to accept highway funds from all sources including the$460,000 allocated under Chapter 90 of the General Laws, and the Treasurer with the approval _ of the Selectmen is authorized to issue Highway Reimbursement Notes ' under G.L. c. 44, § 6 as amended; and in addition that the Treasurer L _ with the approval of the Board of Selectmen is authorized to borrow $40,000 under G.L. c.44, § 7(5)or any other enabling authority; 8:33 p.m. William Kennedy reported the unanimous support of the Board of Selectmen;Narain Bhatia reported the support of the Capital Expenditures Committee; Sheldon Spector reported the support of the Appropriation Committee. (e) Storm Sewer Improvements- $150,000 and that$150,000 be transferred from the Sewer Enterprise Fund; 256 Adjourned Session of the 2004 Annual Town Meeting-May 3, 2004 8:35 p.m. William Kennedy reported the unanimous support of the Board of Selectmen;Narain Bhatia reported the support of the Capital Expenditures Committee; Sheldon Spector reported the support of the Appropriation Committee. (fl Tr�c Signal Improvements- $0; Charles Lamb reported the Capital Expenditures Committee would support funding for a study at Massachusetts Ave &Maple St. . (g) Sidewalk Improvements - $100,000 and that the Treasurer with the approval of the Board of Selectmen is authorized to borrow$100,000 .�., , under G.L. c. 44, § 7(6)or any other enabling authority; ' J 8:37 p.m. Willzam Kennedy reported the unanimous support of the Board of Selectmen for funding requested to focus on school area sidewalks; Charles Lamb reported the unanimous support of the Capital Expenditures Committee; Sheldon Spector reported the support of the Appropriation Committee. Members questioned sidewalk maintenance and plowing. Town Manager Richard White explained requested funding is for infrastructure. (h) Playgrounds and Recreation Facilities Improvement; - $35,000 and that the Treasurer with the approval of the Board of Selectmen is authorized to borrow$35,000 under G.L. c. 44, § 7(25)or any other enabling authority; 8:40 p.m. Recreation Committee members Sandra Shaw and Richard Tkuma presented request. Shirley Stolz reported unanimous support of the Capital Expenditures Committee; Sheldon Spector reported support of the Appropriation Committee. (i) Tennis Court Improvement-$130,000 and that$130,000 be transferred from the Recreation Enterprise Fund. Recreation Committee members Sandra Shaw and Frederick DeAngelis explained requested funding Shirley Stolz reported unanimous support of the ' Capital Expenditures Committee; Sheldon Spector reported support of the Appropriation Committee. "� Members questioned the rebuilding of the Harrington School playground and the � elimination of the Maple S'treet/Massachusetts Avenue tra�c study. , 8:47 p.m. MOTION DECLARED ADOPTED by more than the necessary TWO-THIRDS. 8:48 p.m. Samuel Silverman,pr.5, served Notice of Reconsideration-Article 18(�. George Burnell,pr.7, served Notice of Reconsideration-Article 18. ARTICLE 21: SCHOOL CAPITAL PROJECT 8:49 p.m. Olga Guttag,pr.5. MOTION: That$690,000 is appropriated to remodel,reconstruct and make extraordinary repairs to school buildings;that to meet this appropriation,the Treasurer with the approval of the Board of Selectmen is authorized to borrow$690,000 under G.L. c.44, §7(3A), G.L. c. 70B or any other enabling authority; and that the Permanent Building Committee . is authorized to take any other action necessary to carry out this project. 8:50 p.m. Charles Lamb reported the unanimous support of the Capital Expenditures Committee; Sheldon Spector reported the unanimous support of the Appropriation Committee;Peter Kelley reported the unanimous support of the Board of Selectmen. . Members questioned the reuse of the Harrington School arid fundraising efforts for redoing the track. �� 9:08 p.m. MOTION DECLARED ADOPTED UNANIMOUSLY � ARTICLE 22:� MAINTAIN AND UPGRADE SCHOOL TECHNOLOGY 9:08 p.m. Presented by Thomas Diaz,pr.2. • MOTION: That$250,000 be appropriated for the purchase of computer hardware and software; and that to meet this appropriation the Treasurer with the approval of the Board of Selectmen is authorized to borrow$250,000 under G.L. c. 44, §7, or a.ny other enabling authority. 9:13 p.m. George Burnell served Notice of Reconsideration on Article 21.` -- -__ _ ___ ___ ___ - -- __ _ 1 _ ____ _ _ 257 Adjourned Session of the 2004 Annual Town Meeting—May 3, 2004 9:14 p.m. Charles Lamb reported the unanimous support of the Capital Expenditures Coxnmittee;Ronald Pawliczek reported the unanimous support of the Appropriation Committee;Peter Kelley reported the support of the Board of Selechnen. Members spoke in support and opposition and guestioned impact of staff cuts on technology implementation, computer technology in use by both the school department and municipal operations, outsourcing of services, integration of systems, cost comparisons for Apple vs. personal computers, and computer use in curriculum. � 9:30 p.m. Following a voice vote, MOTION DECLARED ADOPTED by more ; _ than the necessary TWO-THIRDS. 9:30 p.m. George Burnell served Notice of Reconsideration-Article 22. ARTICLE 24: LACONIA STREET ACCEPTANCE 9:31 p.m. Ephraim Weiss,pr.5. MOTION: To establish as a Town way and accept the layout of the unaccepted portion of Laconia Street, a distance of 1900 feet, more or less, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 5, 2004, subject to the assessment of betterments; to authorize the Selectmen to take by eminent domain,purchase or otherwise acquire any fee, easement or other interest in land necessary therefore; to appropriate $335,000 for such street construction; and to raise such amount the Treasurer with the approval of the Board of Selectmen is authorized to borrow $335,000 under G.L. c. 44, § 7(5). Richard Pagett reported the Board of Selectmen support (4-1). Charles Lamb reported the unanimous support of the Capital Expenditures Committee. 9:35 p.m. MOTION ADOPTED UNA1�iIMOUSLY ARTICLE 26: MiTNICIPAL F��RR�E UTILITY PLANT � 9:36 p.m. Paul Chernick,pr.6. ELECTRIC MOTION: That the following resolution be adopted: -- Town Meeting supports and encourages the efforts of the Selectmen to explore and evalua.te the option of establishing a municipal electric utility, and to that end, reconfirms and renews the votes taken under Article 37 of the warrant for the 1996 Annual Town Meeting,under Article 42 of the warrant for the 1997 Annual Town Meeting and under Article 13 of the warrant for the 2003 Annual Town Meeting, � endorsing the establishment of a municipal lighting and gas plant in accordance with the provisions of Chapter 164 of the General Laws as amended from time to time. Town Meeting supports the enactment of legislation confirming that a municipality can purchase electric assets to form a municipal lighting plant in accordance with Chapter 164 of the General Laws, and urges its representatives in the Great and General Court to actively support such legislation. Town Meeting requests that the Electric Utility Ad-hoc Committee present for approval at the first Annual or Special Town Meeting following adequate resolution of the legislative issues regarding municipalization, a plan for conducting a feasibility study of a Lexington Municipal Electric Utility, including provisions for funding such study. Town Meeting requests the Board of Selectmen to transmit a copy of this resolution . to Lexington's representatives in the Great and General Court and to the House and Senate Chairs of the Government Regulations Committee. Paul Chernick,pr.6,explained the 4-part Resolution. . 9:47 p.m. Jeanne Krieger reported the unanimous support of the Board of Selectmen. Charles Lamb reported the support (3-2) of the Capital Expenditures Committee. Eric Michelson reported the unanimous support of the Appropriations Committee. � 258 Adjourned Session of the 2004 Annual Town Meeting—May 3, 2004 Members questioned potential debt to be incurred should capital equipment be purchased, projected savings of users, utility rates and aggregation, future processes, financial structure of a light utility, payments in-lieu-of taxes, potential.cost to establish an electric utility and moving forward. Mr. Chernick responded. The Moderator called for a standing vote,tallied as follows: Precinct Yes No 1 10 7 2 11 4 � 3 15 0 4 17 0 _,_.1 5 12 3 6 16 0 7 14 1 8 15 2 9 15 0 AL 13 2 TOTAL 138 19 10:15 p.m. With 138 voting in the affirmative and 19 in the negative, , MOTION ADOPTED. ARTICLE 27: ENGINEERING,ECONOMIC AND LEGAL FEASIBILITY STUDIES FOR A LEXINGTON MUNICIPAL ELECTRIC UTILITY 10:15 p.m. Patrick Mehr,pr.3. MOTION: That this article be indefinitely postponed. . ADOPTED UNANIMOUSLY 10:15 p.m. Selechnan Richard Pagett requested a 10 minute recess. � . Fred Rosenberg, pr.9, moved to adjourn until May 5, 2004, 8:00 p.m., at the Clarke Middle School. MOTION ADOPTED A true copy, ATTEST: �'�-/ /l Donna M. Hoo er,Town Cle�� P �—.� � _ _ __ _ _ -_ ___ _ _ _ . . _ _ ___ . _ _ � _._._ __,_ _ _. ___ ___ - - -- -_ _ _._ 259 ADJOURNED SESSION OF THE 2004 ANNUAL TOWN MEETING May 5,2004 The ninth session of the 2004 Annual Town Meeting was called to order by Moderator Margery M. Battin, at 8:00 p.m., at the Clarke Middle School, 17 Stedman Road. A quorum of 156 members was present. School Committee Chairman Thomas Griffiths announced William Hurley has been appointed Interim Superintendent and introduced Mr. Hurley for brief comments. ARTICLE 2: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES 8:10 p.m. Vickie Blier,pr.9, moved the Report of the Senior Tax Deferral and Exemption Study Committee be accepted and placed on file. ADOPTED UNAlvIMOUSLY. Ms. Blier moved Article 31 be taken up at this time. MOTION ADOPTED ARTICLE 31: SElvIOR TAX RELIEF 8:20 p.m. Selectman Peter Kelley. MOTION: � (a) Resolved that the Town supports and encourages the efforts of the General Court of the Commonwealth of Massachusetts to standardize and enhance local options to set interest rates, eligibility age and income qualifications that cities and towns may use to provide property tax relief to lower-income senior citizens. Further resolved that the Town notes with approval the efforts of the General Court to adjust the existing cap on . house values in the Senior Circuit Breaker Tax Credit Law in order that lower-income senior citizens in towns with higher property values can continue to benefit from this important program; and further � _ (b) That the following adjustments for FY2005 be made to the qualifications for an exemption under Section 5, clause 41 C of Chapter 59 of the General Laws: i. Reduce the eligibility age from 70 to 65 years of age; ii. Increase the gross receipts limit from$13,000 if single,to $20,000, and from$15,000 if married to $30,000; iii. Increase the whole estate limit from$28,000 if single,to $40,000 and from$30,000 if married to $55,000; and iv. Increase the maximum exemption allowed from $500 to $750. Peter Kelley reported the unanimous support of the Board of Selectmen. Paul Hamburger reported the unanimous support of the Appropriation Committee. 8:26 p.m. MOTION ADOPTED. ARTICLE 32: INCREASED TAX EXEMPTIONS FOR SE1vIORS ON LIMITED INCOME 8:26 p.m. Patrick Mehr,pr3. MOTION: That this article be indefinitely postponed. ADOPTED UNANIMOUSLY '�' 8:30 p.m. Lorraine Fournier,pr.8, served Notice of Reconsideration-Article 31. 8:30 p.m. Dawn McKenna moved Article 15 be taken up. MOTION ADOPTED ARTICLE 15: SUPPLEMENTARY APPROPRIATIONS FOR CURRENT FISCAL YEAR(FY2004) 8:30 p.m. Selectman Dawn McKenna. MOTION: That this article be indefinitely postponed. MOTION ADOPTED 260 Adjourned Session of the 2004 Annual Town Meeting—May 5, 2004 ARTICLE 29: STABILIZATION FUND 8:31 p.m. Richard Pagett. MOTION: That $807,322 be appropriated for a stabilization fund for capital expenditures in accordance with G.L. Chapter 40, §SB and such amount be raised in the t�levy. Richard Pagett explained the position, use of stabilization funds, and reported the unanimous support of the Board of Selectmen. Deborah Brown reported the unanimous support of the Appropriation Committee. '- George Burnell reported the support of the Capital Expenditures Committee. Thomas ' Griffiths reported the unanimous support of the School Committee. 8:43 p.m. DECLAREID ADOPTED UNA1vIMOUSLY. ARTICLE 38e FIRE DEPARTMENT UNDER CIVIL SERVICE LAW 8:44 p.m. Robert Cunha,pr.2. MOTION: That the Selectmen be and they hereby are authorized to petition the General Court for an Act to place members of the Fire Deparirnent under the Civil Service Law, such act to be in the form set forth in the article, except that the word "years" shall be added at the end of Part 4. Mark Ferreira, Lexington Fire Department, explained the value of placing the Lexington Fire Department under Civil Service Law and encouraged the members to support. Richard Pagett reported the unaYumous opposition of the Board of Selectmen to this motion. 8:53 p.m. Town Manager Richard White reported his opposition and requested the members vote against the motion. 8:59 p.m. Deborah Brown served notice of reconsideration-Article 29. ' 9:00 p.m. Richard Eurich reported the Appropriation Committee is unanimously against the motion. 9:03 p.m. Janet Perry, pr.9, Chairperson of the Personnel Advisory Board, reported the Board's unanimous opposition. 9:05 p.m. Lorraine Fournier, pr.8, questioned why the Lexington Police Department was under Civil Service Law and spoke in support of the motion. Members spoke in support and in opposition. Mark Ferriera summarized reasons changing to civil service and requested members support the motion. 9:16 p.m. MOTION NOT ADOPTED ARTICLE 40: AMEND SECTION 80-4G, STATIONARY ENGINE RiTN-UP (NOISE BYLAV� 9:17 p.m. Martha Wood,pr.8. MOTION: That the Board of Selectmen be requested to appoint an ad . hoc committee to review Chapter 80 of the Code of Le�ungton for the purpose of suggesting language with respect to stationary engine run-up ' provisions so as to minimize potential noise and air pollution. Members of the committee shall include at least one representative each from the Board of Selectmen, the Board of Health, the Noise Advisory Committee, . the School Committee, and a local businessman, and at least two citizens who have expressed interest and concern. The Committee shall receive staff support from the Health Department and the Police Department as needed. The committee sha11 report its recommendations to the Board of Selectmen and to the next annual Town Meeting. Julian Bussgang, 2 Forest St, explained requested coxnmittee and reported the status of the Noise Committee. Jeanne Krieger reported the unanimous support of the Board of Selectmen. Thomas Griffiths reported the unanimous support of the School Committee. __ _ __ _ _ - --_ _ _ _ � _ __ ___ 261 Adjourned Session of the 2004 Annual Town Meeting—May S, 2004 Paul Chernick,pr.6, spoke on noise control and moved the following substitute motion: SUBSTITUTE MOTION: a) Resolved: That Town Meeting urges the Selectmen, Police Department, Zoning Board of Appeals, Planning Board, Board of Health, School Committee, building inspector, and all other responsible agents of Town government to vigorously support the provisions of state regulation 310 CMR 7.11 (1)(b),through • Publicizing the existing regulations and enforcement mechanisms through appropriate communications with residents/ f Contract terms with contractors(particularly school-bus operators), • Conditions on permits and licenses, and . • Enforcement of Section 80-4G, Stationary engine run-up, of the Code of the Town of Lexington, General By-Laws, including fines; and further b) That the Moderator appoint an ad hoc committee to review Chapter 80 of the Code of Lexington for the purpose of suggesting language with respect to stationary engine run-up provisions so as to minimize potential noise and air pollution. The Committee shall also review state regulations 310 CMR 7.11 (1)(b) and determine under what conditions defrosting of windows, prevention of diesel-fuel gelling, and establishment and maintenance of interior temperatures of occupied vehicles at reasonable temperatures should be considered operations for which engine power may be necessary and considered not to cause or contribute to a condition of air pollution. Members of the committee shall include at least one representative each from the Board of Selectmen, the Board of Y�Iealth, the Noise Advisory Committee, the School Business. Department, the School Committee, the Town-Wide PTA Council, an owner or manager of a local business, and at least two citizens who have expressed interest and concern. The committee shall report its recommendations to the Board of Selectmen, Board of Health, and School Committee before the next annual town meeting. Julian Bussgang commented that the Resolution lacked legal authority. ' 9:32 p.m. Dawn McKenna reported opposition(4-1)by the Boazd of Selectmen. Selectman Jeanne Krieger spoke in support. � Thomas Griffiths reported the School Committee unanimously opposed -" the substitute motion. Members and representatives from the audience spoke in opposition and in support. 9:48 p.m. The Moderator called for a standing vote on the Substitute Motion, tallied as follows: Precinct Yes No 1 9 5 2 6 8 3 12 2 4 12 4 5 8 9 6 13 2 7 5 8 8 12 3 9 14 4 AL 7 7 TOTAL 98 52 9:48 p.m. With 98 voting in the affirmative and 52 in the negative, SUBSTITUTE MOTION ADOPTED. 9:52 p.m. Vote on AMENDED MOTION—ADOPTED AS AMENDED. 9:53 p.m. John Bartenstein,pr.l,moved to reconsider Article 8. The Board of Selechnen and Planning Board each supported reconsideration. MOTION TO RECONSIDER ADOPTED 262 Adjourned Session of the 2004 Annual Town Meeting—May 5, 2004 ARTICLE 8: ZONING BY-LAW,HOME OCCUPATIONS 9:59 p.m. John Bartenstein,pr.l,moved the following amendment: MOTION: We move to amend the definition of"Home Occupation" contained in the main motion under Article 8 as follows(language in brackets to be deleted, language in bold to be added): Home Occupation— oAny business, occupation,or activity undertaken for gain within a residential � �N structure, by a person residing in the structure,that is incidental and secondary to ,� o the use of that structure as a dwelling unit. � � � � x � � � Home Occupation, Instruction—A home occupation that consists of H � teaching that takes place inside the dwelling unit of the instructor. Typical � a instruction includes music lessons and academic tutoring. � � � � � Home Occupation,Minor—A home occupation with no nonresident " � employee,partner, or contractor working on the premises;no more than �a [one customer or client visiting] two business-related visitors to the o � premises at a time; and no more than 6 [customers or clients visiting] ; o business-related visitors to the premises over the course of a day. Q', N �� Home Occupation,Major—A home occupation subject to a special permit � � with no more than one nonresident employee,partner, or contractor � � working on the premises; and no more than 10 [customers or clients a � visiting] business-related visitors to the premises over the course of a � � day. John Bartenstein explained the proposed changes and justification. Karl Kastorf reported the unanimous support of the Planning Board. �� Dawn McKenna reported the unanimous support of the Board of Selectmen. Members questioned by-law application situations and spoke in support. -� 10:11 p.m. John Hayward moved the question now be put. MOTION ADOPTED 10:12 p.m. AMENDMENT ADOPTED UNA1vIMOUSLY 10: 12 p.m. MOTION AS AMENDED DECLARED ADOPTED by more than the required TWO-THIRDS. . 10:13 p.m. Selectman Dawn McKenna moved the meeting be adjourned until Wednesday, May 12,2004 at 8:00 p.m., Clarke Middle School. MOTION ADOPTED. A true copy: � � ATTEST: i � Donna M. Hooper,Town lerk r� � I J _ ___ __ __ ._ _ __ _ _ _ � _ _ _ . 2fi3�. ADJOURNED SESSION OF THE 2004 ANNUAL TOWN MEETING May 12,2004 The tenth session of the 2004 Annual Town Meeting was called to order by Moderator Margery M. Battin, at 8:00 p.m., at the Clarke Middle School, 17 Stedman Road. A quorum of 169 members was present. ARTICLE 13: ZONING BYLAW,RO TO RD,METROPOLITAN STATE HOSPITAL LAND, CONCORD AVENUE 8:05 p.m. Edmund Grant,pr.6. �L [Mr. Grant declared he would be abstaining from voting on this motion.] MOTION: That the Zoning By-Law be amended to change the zoning district designation of the land described below, commonly known as the Main Campus Site of ,� b the former Metropolitan State Hospital,from the current RO, One Family Dwelling � o district to a RD Planned Residential Development District. The general location of the � � former Metropolitan State Hospital site is off of Concord Avenue, approximately 0.5 n � miles east of the intersection of Concord Avenue and Pleasant Street. �� a n� rr The land to be rezoned is described as follows: Lot 3 as shown on a plan entitled o 0 "Proposed Rezoning of Land to the RD Planned Residential Development District, � � Lexington, Mass"dated December 22,2003 and prepared by Kelly Engineering Group, o `� attached as Appendix A to that certain Preliminary Site Development and Use Plan rt � referenced below, and by written metes and bounds description attached as Appendix B a � to such Preliminary Site Development and Use Plan. � �, b rt H The land in the RD Planned Residential Development District shall be subject to the � � Preliminary Site Development Use Plan originally filed on January 12, 2004, as the same •� � has been revised and resubmitted on March 22, 2004 and which has been filed with the ,� �; (�" Planning Board and the Town Clerk, as amended by that certain Amendment to Revised �� and Restated Preliminary Site Development and Use Plan filed with the Planning Board N - and the Town Clerk on May 5,2004 by Edmund C. Grant,Town Meeting Member, o � Precinct 6. 8:07 p.m. Michael Roberts,Avalon Development,presented. 8:28 p.m. Karl Kastorf,pr.8,moved the Planning Board Report on Article 13 be accepted and placed on file. ADOPTED iJNANIMOUSLY. Mr. Kastorf reported the unanimous support of the Planning Board on Article 13, and reported the perceived benefits of the proposal. 8:40 p.m. Jeanne Krieger reported a majority of the Board of Selectmen(4-1) support the motion. Peter Kelley spoke in opposition and presented his minority report. 8:50 p.m. Thomas Diaz,pr.2,reported a majority of the School Committee(4-1) endorsed approval and spoke to the estimated number of school age children projected to occupy such a development. 8:59 p.m. Olga Guttag,pr.5, spoke in opposition and presented her minority report. 9:09 p.m. Alan Levine,pr.8,moved Update#3 of the Appropriation Committee's report be accepted and placed on file. iINANIMOUSLY ADOPTED. Mr. Levine reported the Appropriation Committee supports the motion(6-2). 9:20 p.m. Richard Canale,pr.9, Lexington representative to the Metropolitan Area Planning Council, spoke in support. 9:23 p.m. Members,representatives from the neighborhood, and other residents spoke in opposition and support, on revenue neutrality, apartment size, and affordable housing. 10:28 p.m. David Burns,pr.5,moved the question now be put. MOTION ADOPTED 10:29 p.m. Edmund Grant,pr.6,Avalon Bay representative and Michael Roberts summarized. - 264 Adjourned Session of the 2004 Annual Town Meeting—May 12, 2004 10:30 p.m. The Moderator called for a standin vote,tallied as follows: Precinct Yes No 1 12 8 2 12 5 3 9 11 4 13 4 5 9 9 6 13 2 7 19 0 8 14 3 9 8 4 AL 10 3 TOTAL l l9 49 10:35 p.m. With 119 voting in the affirmative and 49 in the negative, MOTION ADOPTED. 10:38 p.m. James Barry,pr.l, served notice of reconsideration�-Article 13. ARTICLE 12: ZOrTING BYLAW,AMENDMENTS TO STANDARDS FOR RD PLANNED RESIDENTIAL DEVELOPMENT DIST�2ICTS 10:36 p.m. Edmund Grant,pr.6. MOTION: That the Zoning By-Law be amended as follows: By adding a footnote to each of the following rows under the column entitled "RD" in the Schedule of Permitted Buildings,Densify and Dimensional Standards set forth in Section 135-45 of the Zoning By-Law: Row 4(a) (Minimum yard - setback on perimeter of tract: Front yard);Row 4(b)(Minimum yard setback on perimeter of tract: Side yard,rear yard);Row 5 (Maximum impervious surface ratio); Row 7 (Minimum usable open space per dwelling unit, or equivalent); and o Row 8 (Maximum height of dwellings). 0 N �o The footnote sha11 read as follows: � � .r., � v In an RD District in which(x)the area of the tract to be developed is not less than o � 20 acres and(y)the planned residential development involves the redevelopment �' a of existing structures,wherein not less than 25%of such existing structures shall � � be retained or rehabilitated: � � � � � (i) The Minimum Yard Setback on the Perimeter of the Tract sha11 be �,° 8 feet for the front yard and 30 feet for the side and reaz yazds; � .� (ii) The maximum Impervious Surface Ratio sha11 be 0.55; 0 0 (iii) The Minimum Usable Open Space Per Dwelling Unit, or � N equivalent, shall be 1,050 squaze feet; and � �,,� (iv) The Maximum Height of Dwellings shall be 60 feet. � � � � 10:36 p.m. Michael Roberts,Avalon Bay,explained modifications needed to proceed. ° � 10:37 p.m. Thomas Harden reported the unanimous support of the Planning Board for �� the motion. Jeanne Krieger reported the unanimous support of the Board of Selectmen. 10:38 p.m. �ob Bicknell reported the support of the Housing Partnership Boazd. 10:38 p.m. Thomas Harden moved the Report of the Planning Board on Article 12 be accepted and placed on file. MOTION ADOPTED. 10:40 p.m. Members spoke in favor and in opposition, questioned implications on development if motion is not adopted, and the number of RO zoned districts. Assistant Planning Director Maryann McCall-Taylor responded. 10:58 p.m. �enjamin Cohen,pr.3,moved the question now be put. MOTION ADOPTED. � 10:58 p.m. Edmund Grant,pr.6, suminarized impact and need. - _ _ _ __ _ _ ___ _ _____ __ _. _ __ _ __ __---- ---- --- l_ 265 Adjourned Session of the 2004 Annual Town Meeting—May 12, 2004 10:59 p.m. The Moderator called for a standin vote,tallied as follows: Precinct Yes No 1 15 0 2 15 0 3 9 g 4 13 3 5 15 3 6 13 4 7 19 0 8 14 2 9 8 2 AI. 14 0 TOTAL 135 22 11:03 p.m. With 135 voting in the�rmative and 22 in the negative, MOTION ADOPTED. 11:03 p.m. Andrew Friedlich,pr.5,requested point of personal privilege and recognized Town Manager Richard White and staff for bringing the members through the 2004 town meeting. Members acknowledge Mr. Friedlich's recognition with a standing ovation. • 11:03 p.m. Samuel Silverman,pr.5, questioned if any article were to be brought before the meeting he would seek to have reconsideration of Article 18 (fl to address a tr�c light study for the intersection of Maple Street and Massachusetts Avenue. He would not move reconsideration but bring it up at the next town meeting. ARTICLE 43: USE OF FUNDS TO REDUCE THE TAX RATE � 11:05 p.m. Selectman Dawn McKenna. MOTION: That this article be indefinitely postponed. ADOPTED UNAIVIMOUSLY 11:06 p.m. David Burns,pr.5, served notice of reconsideration-Article 12. Hank Manz,pr.9,recognized contributions of the volunteers and boards, Town Manager Richard White and staff, and school custodial staff for their contribution in this year's budget process and town meeting. 11:08 p.m. Selectman Dawn McKenna moved the meeting be dissolved. ADOPTED UNAIVIMOUSLY. A true copy, ATTEST: �� Donna M. Hooper,Town erk � 266 Jacqueline B. Davison, 86 Spring Street, removed from town in July 2004. Ms. Davison`s unexpired term as Town Meeting Member (2006) will appear on the ballot at the March 2005 Annual Town Election. Anne E. Frymer, 64 Asbury Street, resigned as a Town Meeting Member from Precinct 8. Ms. Frymer's unexpired term (2006) will appear on the ballot at the March 2005 Annual Town Election. [December 10, 2004] . _ _ __ __ _ — _ -___ __ .__ � _ . - _ _ _ _ _ _ _ , _ ___- _.- - __--- -_ 267 SPECIAL ELECTION (SEE WARRANT FILE) MONDAY, JUNE 8, 2004 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Tuesday, June 8, 2004 at 7:00 a.m. The following places were designated as the voting places for the various precincts: Precinct One, Harrington School; Precinct Two, Bowman School; Precinct Three, Jonas Clarke Middle School; Precinct Four, Bridge School; Precinct Five, Fiske School; Precinct Six, William Diamond Middle School; Precinct Seven, Joseph-Estabrook School; Precinct Eight, Central Fire Station; Precinct Nine, Maria Hastings School � The election officers and Wardens of the various precincts were assigned for duty as follows: � Precinct 1: Richard Pemberton,Warden; Margaret Blouin, Clerk; Hazel Allison, Robert Blouin, Richard Spillane, Doris Pemberton, Margaret Kelly, William Barrett, Eileen McAlduff, Martha Shurtleff, Robert Edwards, Barry Sampson. Precinct 2: Rebecca Fagan,Warden;Arthur Katz, Clerk; Joseph Paton, Lillian MacArthur, Thomas Sullivan, Arline Burns, Clifford Pehrson, Leonora Feeney, Jacqueline Davison, Donna Alexson, Dorothy Bond, Henry Torpey, Susanne Hays. Precinct 3: David Kanter, Warden; Faith Fenske, Clerk; Robert Tracey, Dorothy Bolduc, Lillian Drury, Elizabeth McLaughlin, Laura Welby, Anthony Sacco, T. John Quinlan, M. Elinor Greenway, Virginia Weinberger, Mary Ann McKenna, Rita Casey. Precinct 4: Gulli Kula,Warden; Robert Bennett II, Clerk; Beverly Aker, Raymond Flynn, Mary Devoe, Eleanor Smith, Doris Berkstresser, Gladys Snyder, Elizabeth Fleming, Dana Regillo. Precinct 5: Eric Kula,Warden; Norman Cohen, Clerk; Edward Dubois, Shirley Ament- Bergey,Linda Cohen, D. Peter Lund, E. Ashley Rooney, Raymond Massey, Elizabeth Adam, Bernice Gerrig, Donna Keane, Henry Beerman, Evangeline Puopolo. Precinct 6: Dorothy Boggia,Warden; Harriet Morrison, Clerk; Hazel Graham, Charles Price, Burton Smith, Maureen Brown, Shirley Bullock, Barbara Simmons,William Simmons. Precinct 7: Alice Pierce, Warden; Margaret Bradley, Clerk; Edna Holloran, Robert Greenway, Mary Ayvazian, Nancy Hubert, Mildred Collentro,William Johansen, Susan Johansen, Isabelle Bennett. Precinct 8: Leo Chudigian,Warden; Judith Chudigian, Clerk;Anthony Montagna,Ann Diamond, Barbara Perrotta, John Ayvazian, Claire Abernathy,Audrey Hosford, Phyllis Richardson, � Salavatore Casella,Alla Fedus, Julie Miller, Grace Ayers;Eleanor Bettencourt. Precinct 9: Duncan MacQueen, Warden; John Taylor, Clerk; Gertrude Faye Cullinane, Robert Ryan, Carole Butler, Janet Lowther, Clark Schuler, Anne Taylor, Edith Paster, Carole , Scalise, Judith Schuler. The election officers were sworn to the faithful performance of their duties. The polls were declared open in each precinct at seven o'clock A.M. and remained open until eight o'clock P.M., at which time, after due notice, the polls were declared closed. Total of 20,286 registered voters eli ible to vote as of Ma 19,2004. Pct. Re istered Voters Democrat Green Libertarian Re ublican Unenrolled Other 1 2034 810 1 4 275 943 1 2 2435 1072 12 3 255 1090 2 3 2087 809 5 4 281 986 2 4 2327 959 4 4 293 1065 2 5 2337 905 5 2 390 1033 2 6 2351 1029 2 5 367 944 4 7 2315 936 1 4 288 1082 4 8 2227 871 5 6 313 1028 4 9 2173 812 4 5 257 1092 3 � Total 20,286 8203 39 37 2719 9263 24 Election results were delivered to the Town Clerk at the Town Office Building. 63% of the registered voters cast their vote. The Town Clerk and Board of Registrars canvassed the results as follows: ABSENTEE BALLOT BREAKDOWN � Ballots Timely Ballots Returned Late/Not --- Pct Applications Processed Retumed Returnedl Rejected Ballots Counted 1 58 51 2 51 2 85 83 1 83 3 104 93 2 93 4 126 112 1 112 5 90 83 0 83 6 98 84 3 84 7 99 92 4 92 8 62 58 0 58 9 61 53 0 53 Totals 783 709 13 709 2 � � Special Election—June 8, 2004 Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL Total Re istered Voters 2034 2435 2087 2327 2337 2351 2315 222T 2173 20286 TotalVotes 1255 1567 1184 1539 1423 1562 1514 1469 1358 72871 Percent 62% 64% 57% 66% 61°k 66% 65% 66% 62°k 63% QUESTION 1 Shall the Town of Lexington 6e al/owed to assess an addiUonal;3,271,4851n rea!esfafe and peisonal property taxes for fhe purpose of resforing and preserving school se�vlces to meet educailonal goa/s lncludinq elementary aR,elemeniary music,elementary physica/educatlon,classroom teachers,materlals,supplles, equipment,educational and administraUve suppoR and lnfrastructure,ma7ntenance and operatlons,for the flscal year beginning July firs�!wo thousand and fourl ,- Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL YES 575 988 672 969 744 938 879 885 693 7343 NO 673 577 509 564 672 618 633 582 664 5492 BLANKS 7 2 3 6 7 6 2 2 1 36 QUESTION 2 Shall the Town ofLexington 6e allowed to assess an addltlonal 5213,028!n real estate and personal property taxes for the purpose of ffie operatlon of a slx-route Lexpress transportation system for ihe Tiscal year 6eginnfng July Tirs�iwo thousand and four7 Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL YES 563 932 646 875 699 885 864 796 610 6870 NO 683 624 531 656 716 664 643 666 743 5926 BLANKS 9 11 7 8 8 13 7 7 5 75 QUESTION 3 Shalf the Town ofLexfngton be allowed to assess an addiNonal;194,8931n real estate and personal property taxes for the purpose of Departmeni of Publlc Works,lncluding restoring curbslde yard waste pickup,cleaning, street light and other mafntenance,for fhe fsca/year beginning July Srst two thousand and foue'! Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL YES 645 1100 718 1009 808 1032 907 943 745 7907 NO 600 453 455 513 605 517 596 522 610 4871 BLANKS 10 !4 !1 17 10 13 11 4 3 93 QUESTION 4 - Shall the Town of Lexington be alloxred to assess an additlonal;191,730!n real estate and persona/property taxes for the purpose of restoring llbrdry servlces lncluding personne/and Saturday and Sunday hours of opeiaUon,for the fiscal yea►beglnning JulyTirs;two ffiousand and four! � Pct 1 Pct 2 PCt 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL YES 573 1012 689 1002 759 992 916 888 689 7520 ' NO 677 549 486 525 656 562 590 577 665 5287 BLANKS 5 6 9 12 8 8 8 4 4 64 QUESTION 5 Shall the Town of Lexington be ailowed to assess an additional 5779,9811n rea/esiate and persona/property taxes for fhe purpose of Socla/Servlces and Town SuppoR Servlces,tor the flscal year beglnning July ftrst two thousand and four! Pct 7 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL YES 532 941 633 888 677 880 802 803 635 6791 NO 714 612 539 634 730 669 701 654 715 5968 BLANKS 9 94 12 17 16 13 11 12 8 112 QUESTION 6 Shall fhe.Town of Lexingfon be allowed to assess an addiNonal t?�i�jn rea/estate and persona/property taxes for the purpose of Publle Safety,foi the fiscal year beglnning July first two thousand and fow? 1�3�[}�+3 Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct T Pct 8 Pct 9 TOTAL �_.,,1Y �� YES B73 1113 746 1028 803 1018 928 952 755 8016 NO 573 447 429 504 6!0 536 577 513 600 4789 BLANKS 9 7 9 7 10 8 9 4 3 66 A true copy. i � Attest: � ��' r� Donna M. Hooper, Town C�rk I � ___ _____ _- _ __ ___ _ � __ __._ __ ___ _ _ _ ____ 269 (Warrant for State Primary—See WARRANT FILE) STATE PRIMARY TUESDAY,SEPTEMBER 14,2004 . In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Tuesday,September 14,2004 at 7:00 a.m. The following places were designated as the voting places for the various precincts: Precinct One, Harrington School; Precinct Two, Bowman School; Precinct Three, Clarke Middle School; Precinct Four, Bridge School; Precinct Five, Fiske School; Precinct Six, Diamond Middle School; Precinct Seven, Estabrook School, Precinct Eight,Fire Headquarters Building;Precinct Nine,Hastings School. The election officers and Wardens of the various precincts were assigned for duty as follows: Precinct 1: Warden: Richard Pemberton [U]; Clerk: Margaret Blouin [D]; Inspectors: Barry E. Sampson [U], Martha Shurtleff [U], Robert Blouin [D], Eileen G. McAlduff [D], Margaret Kelly [U], Jeannette Cerulli [D], Richard Spillane[U],Doris Pemberton[U],William J.Barrett[R]. Precinct 2: Warden: Rebecca Fagan [D]; Clerk: Arthur Katz [D]; Inspectors: Arline Burns [D], Dorothy Bolduc [U],Barbara Sandler[U],Ann Ugolini[R], Shirley Frawley[D],Lillian MacArthur[LTJ, Susanne Hays[U], Donna Alxson[D],Clifford Pehrson[U], John P.Defandorf[U],Joyce L.Defandorf[U], Precinct 3: Warden: Gerald Abegg [D]; Clerk: Faith Fenske [U]; Inspectors: Maarib Bazzaz [D], M. Elinor Greenway [D], Robert Tracey [D], Anthony G. Sacco [U], Rita Casey [D], Laura Welby [U], Leonora K. Feeney [D],MaryAnn McKenna[D],JoAnn S.Eurich[U]. Precinct 4: Warden: Gulli Kula[D]; Clerk:Robert W.Bennett[U];Inspectors:Elizabeth Fleming[U], Raymond J.Flynn[R],Lynda Laurence[D],Dana Regillo[R],Mary Devoe[U],Eleanor Smith[U], Beverly F.Aker[U],Mabel Amaz[D],Edward R.DuBois[R]. Precinct 5: Warden: Eric Kula [D]; Clerks: Stacey Hamilton [D]; Inspectors: Donna M. Keane [U], Dorothy Gauthier[R],Henry Beerman[D],D.Barbara Ciampa[D],Priscilla Winter[D],Alice Stringos[U],Elizabeth Adam [R],Hazel Allison[R],Bernice Gerrig[U]. Precinct 6: Warden: Dorothy Boggia [R]; Clerk: Harriet Morrison [U]; Hazel Graham [D], Maureen Brown [D], Charles Price [U], William Simmons [R], Barbara Simmons [R], Alla Fedus [LJ], Burton Smith [R], Francine C. Edwards[D],Susan Solomon[R]. Precinct 7: Warden: Alice M. Pierce [D]; Clerk: Mazgaret Bradley [D]; Inspectors: Mary Ayvazian [D], Mildred Collentro [D], Isabelle Bennett[R], Robert Greenway [D], Edna Holloran[D], Susan L. Johansen [D], William H. Johansen[D],Anne L.Conceison jU],Renee Fine [D],Alfred M.Fine[D]. r---, Precinct 8: Warden: Leo Chudigian [U]; Clerk: Judith Chudigian [U]; Inspectors: Ann Diaxnond [U], Elinor Bettencourt [R], Nancy L. Hubert [D], Audrey H. Hosford [U], Barbara L. Perrotta [D], Phyilis Richardson [D], Salvatare Casella[D],Shirley Ament-Bergey[D],Henry R.Torpey[R]. - Precinct 9: Warden: Duncan MacQueen [U]; Clerk: Samuel Berman [D]; Inspectors: Edith Paster [D], Anne Taylor [U], Janet Lowther [R], Carole Butler [U], Robert Ryan [D], Mary B. Connor [D], Renee J. Reynolds [D], John E.Taylor[U],Robert E.Edwards[R],Julie Ann Miller[LJ]. The election officers were sworn to the faithful performance of their duties. The polls were declazed open in each precinct at seven o'clock A.M.and remained open until eight o'clock P.M.,at which time,after due norice,the polls were declared closed. The total number of registered voters in each precinct eligible to vote as of August 25,2004 is as follows: Precinct Registered Democrat Green- Libertarian Republican Unenrolled Other Voters Rainbow 1 2087 826 2 4 279 974 2 2 2428 1076 10 4 261 1075 2 3 2093 812 5 5 284 985 2 4 2304 949 4 4 285 1060 2 5 2310 890 6 2 383 1028 1 6 2353 1032 3 S 361 948 4 7 2316 941 1 5 284 1081 4 8 2206 864 5 5 312 1018 2 9 2196 811 4 5 260 1113 3 Totals 20,293 8,201 40 39 2,709 9,282 22 Recap sheets were delivered to the Town Clerk at the Town Office Building. ,._, 26.5% of the registered voters cast their vote. The Town Clerk canyassed the results: ( Votes By Precinct ``"� Precinct Democrat Libertarian Republican Green- Total Voted Rainbow 1 401 0 94 0 495 2 582 0 74 23 679 3 446 1 34 4 485 4 567 0 86 5 658 5 474 0 83 1 558 6 598 0 113 0 711 7 614 2 78 1 695 8 558 0 59 0 617 9 440 0 52 0 492 Totals 4680 3 673 34 5390 270 September 14,200�State Primary—Election Results continued... Absentee Ballots Precinct Applications Processed Ballots Timely Returned and Counted 1 56 34 2 49 27 3 59 33 4 69 41 5 38 23 6 33 19 ,_� 7 42. 27 8 33 24 9 20 11 Specially 19 5 Qualified Total 418 244 Republican Party Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL Total Reg Voters 2087 2428 2093 2304 2310 2353 2316 2206 2196 20293 �'�otal�?'btes .� , �94 7`4t�, l3�`�� ,'�`�8'6��.��''��,�83'�� *'t��3��;' n7.8 ¢'�'�'�59��w�>�� 67�� ..., ��. . n, ._x.<.._ r _._ ,�� . _ .�..�.�.L....� t ..�.w< .... �.��..,.�� .,�u. .�� , ,_: �Percent(Total Votes/Total 5% �3%0 � 2% 4% 4%a 5% 3%0� �3% �2% �3%� Voters) Totai Registered Republicans 279 261 284 285 383 361 284 312 260 2709 Percent(Total Votes/Total 34% 28% 12% 30% 22% 31% 27% 19% 20% 25% Party) Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL REPRESENTATIVE IN CONGRESS Seventh District KENNETH G.CHASE 67 51 33 64 61 83 60 50 50 519 ALL OTHERS 0 0 0 2 0 2 0 1 1 6 BLANKS 27 23 i 20 22 28 18 8 1 148 COUNCILLOR Sixth District(1,2,4-7) '^` A B ANKS S 93 60 \\ 68 81 110 77 \\\\\\\ 492 COUNCILLOR Third District(3,8,9) BLANKS ERS \\\\\\ 33 \\\\\\\\\\\\\\\\\ 59 51 143 SENATOR IN GENERAL COURT Fourth District(1,2,4-7) RICHARD J. 8 5 \ 2 2 6 8 \ 31 DELLARCIPRETE DOUGLAS M.LUCENTE 85 67 82 79 106 70 489 ALL OTHERS 0 0 0 0 0 0 \ 0 BLANKS 1 2 \ 2 2 1 0 8 SENATOR IN GENERAL COURT Third District(3,8,9) JOHN C.THIBAULT \ 31 \ 53 48 132 BLANK�RS \ �3 \ 6 4 1�3 REPRESENTATIVE IN GENERAL COURT Fifteenth District(1,5-9) CATHERINE D.RYAN 71 \ 66 83 59 51 48 378 �� ALL OTHERS 0 \ 1 1 2 1 0 5 BLANKS 23 16 29 17 _7 4 96 REPRESENTATIVE IN GENERAL COURT Ninth District(2,3,4) LINDA B.FOSBERG \ 49 32 67 \ 148 BLANKS�RS \ 24 �2 18 \ 44 SHERIFF Middlesex County James DiPaola 0 2 2 1 4 0 3 4 2 18 ALL OTHERS 3 1 1 0 2 0 1 1 8 17 BLANKS 91 71 31 85 77 113 74 54 42 638 _____ ._ --_ _ _ _ __ __ � —-- _ ___ ___ __ _ __ --_ . -- — __---__ . 271 � September 14, 200�State Primary—EZection Results continued... Democratic Party Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL • Total Reg Voters 2087 2428 2093 2304 2310 2353 2316 2206 2196 20293 � �-�. ��f� �- �`^ ;.i��a��*':..,�'F�`,�„��';�a.'��,�'-��—�-��,.��'�0��.�r�,,,,..�"- t�a�,��',t.�.3'�.�Ss.r6,rn��c�-.�S"t�.��,�:'e.W.�"ee�i,�Y$.��°'�,rr"`� ,�n.�._:�x��'�`'�'�`k'��`,:u,� �,8.U��n Percent(Total Votes/Total� �� 19% 24% 21% 25% 21% 25%0 27%" 25% 20% 23% Voters) Total Registered Democrats 826 1076 812 949 890 1032 941 864 811 8201 Percent(Total Votes/Total 49% 54% 55% 60% 53% 58% 65% 65% 54% 57% Party) Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct� Pct 8 Pct 9 TOTAL � REPRESENTATIVE IN CONGRESS Seventh District EDWARD J.MARKEY 356 503 387 477 414 502 523 464 384 4010 ALL OTHERS 2 4 0 3 0 2 2 3 3 19 BLANKS 43 75 59 87 60 94 89 91 53 651 COUNCILLOR Sixth District(1,2,4-7) MICHAEL J.CALLAHAN 264 362 \ 3.40 302 363 358 \ 1989 ALL OTHERS 0 1 \ 1 0 0 1 \ 3 BLANKS 137 219 226 172 235 255 1244 COUNCILLOR Third District(3,8,9) MARILYN M.PETITTO \ 261 \ 314 267 842 DEVANEY \ \ ALL OTHERS 0 \ BLANKS \ 185 \ 244 170 599 SENATOR IN GENERAL COURT � Fourth District(1,2,47) ROBERT A.HAVERN IIi 328 429 \ 403 351 430 455 \ 2396 ALL OTHERS 1 2 \ 3 1 2 1 \ 10 BLANKS 72 151 161 122 166 158 830 _ SENATOR IN GENERAL COURT Third District(3,8,9) SUSAN C.FARGO \ 380 \ 451 368 1199 ALL OTHERS \ 0 \ 4 2 6 BLANKS \ 66 \ 103 70 239 REPRESENTATIVE IN.GENERAL COURT Fifteenth District(1,5-9) JAY R.KAUFMAN 357 \ 454 550 574 510 403 2848 ED CROWLEY 41 19 46 40 45 33 224 ALL OTHERS 0 \ 1 0 0 0 2 3 BLANKS 3 0 2 0 3 2 10 REPRESENTATIVE IN GENERAL COURT Ninth District(2,3,4) THOMAS M. STANLEY \ 465 363 490 \ 1318 KATHLEEN B. 97 74 63 234 MCMENINIEN Jill Stein 9 2 3 14 ALL OTHERS \ 1 0 1 \ 2 BLANKS 10 7 10 2� SHERIFF �— Middlesex County I JAMES V.DIPAOLA 244 354 255 290 254 328 354 278 248 2605 ROBERT A.DEMOURA 36 50 52 68 38 44 56 63 41 448 " � BRIAN M.GILLIS 27 38 31 43 29 40 34 36 28 306 ALL OTHERS 0 1 0 0 0 0 1 0 1 3 BLANKS 94 139 108 166 153 186 169 181 122 1318 272 September 14,200�State Primary—Election Results continued... Libertarian Party Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL Total Reg Voters 2087 2428 2093 2304 2310 2353 2316 2206 2196 20293 �='Eofal�lotes� � � ��'�- k ' ��Q� < r � � 1 � �b �.�' � '0 2 y� '� '�0 � `�0'' ; � ��` �.,_.s..�.»�.��:� ..�� _.�:� . �,v. .�,.�� .�. .,r .�,.. i r ._.,,.��_w_ _ _..�..�x .v_ ,.��. �Percent(Votes/Total Voters) ��0%of �0%.. � .,0% � ��0% 0% �0% 0%� � 0% � �0%0� �0% Total Registered Libertarian 4 4 5 4 2 5 5 5 5 39 Percent(Votes/Total Party) 0% 0°/a 20% 0% 0% 0% 40% 0% 0% 8% Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL �—^ REPRESENTATIVE IN CONGRESS � Seventh District ALL OTHERS 0 0 1 0 0 0 0 0 0 1 BLANKS 0 0 0 0 0 0 2 0 0 2 COUNCILLOR Sixth District(1,2,4-7) ALBLOANKS S 0 0 \\ 0 0 0 0 \\\\\\ 0 COUNCILLOR Third District(3,8,9) BLANKS ERS \\\\`\\ 0 \\\\\\\\\\\\\\\\ 0 0 �1 SENATOR IN GENERAL COURT Fourth District(1,2,4-7) ALB A KS S 0 0 \\ 0 0 0 �2 \\\\\\ 2 SENATOR IN GENERAL COURT Third District(3,8,9) BLANKHERS �\\\\\\\ O \\\\\\\\\\\\\\\ � � O �--s I REPRESENTATIVE IN GENERAL COURT � Fifteenth District(1,5-9) BLANKHERS O \\\\\\\\\\\\\ 0 0 �2 0 0 �2 REPRESENTATIVE IN GENERAL COURT Ninth District(2,3,4) \ \\\\\\\\\\\ O BLANKS ERS \\ 0 0 0 \\\\\\\\\ \ 1 SHERIFF Middlesex County ALL OTHERS 0 0 0 0 0 0 0 0 0 0 BLANKS 0 0 1 0 0 0 2 0 0 3 Green-Rainbow Party Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct S Pct 9 TOTAL Total Reg Voters 2087 2428 2093 2304 2310 2353 2316 2206 2196 20293 , � � �� , � �ota�'(�otes��. ` � � � �� ' 0'� �2z3 5� �. 4� �S� �� py �� p� 0 4:� .��b. ,a ,J::�.r�:.�.xh'".�ti.a�c.w.a.r..°k:;'�.�a�.._.�..,. 9..y....,� �,.._. Ci.,�M>a.e,�".6.w.z..mi.a.w�,a,...,�,.s..�t.ks.z�a..,.-...�:,�.. . ... .x� .,r .�.,....�� Percent(Total Votes/Total Voters) 0% i% 0% �'0% 0% 0% 0% 0% 0%0 0% Total Registered Green-Rainbow 2 10 5 4 6 3 1 5 4 40 Percent(Total Votes/Total Party) 0% 230% 80% 125% 17% 0% 100% 0% 0% 85% Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct.7 Pct 8 Pct 9 TOTAL � REPRESENTATIVE IN CONGRESS Seventh District ALL OTHERS 0 0 0 0 0 0 1 0 0 1 BLANKS 0 23 4 5 1 0 0 0 0 33 COUNCILLOR Sixth District(1,2,4-7) ALBLOANKS S 0 2�3 \\\ 0 0 � 0 \\\\\\\ 29 COUNCILLOR Third District(3,8,9) BLANKS ERS \\\\\\\\ 4 \\\\\\\\\\\\\\\\ 0 0 4 __ _ _ __ _. __ _ _ _ _ _ _____. _ _ _ ___ __ , __ __ ___ _ - — __ I _ _ ___ __ 273 September 14,200�State Primary—Election Resulfs continued... Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL SENATOR IN GENERAL COURT Fourth District(1,2,4-7) ALL OTHERS 0 0 \\� 0 0 0 1 \\\\\\ 29 BLANKS 0 23 5 1 0 0 SENATOR IN GENERAL COURT Third District(3,8,9) � BLANKIS-IERS \\\\\\\ 4 \\\\\\\\\\\\\\\ 0 0 4 - REPRESENTATIVE IN GENERAL COURT Fifteenth District(1,5-9) BLANK�RS 0 \\\\\\\\\\\ �1 0 0 0 0 1 REPRESENTATIVE IN GENERAL COURT Ninth District(2,3,4) JILL \ 23 4 5 \ 32 STEIN BLANKS ERS \ 0 0 0 \ 0 SHERIFF Middlesex County ALL OTHERS 0 0 0 0 0 0 1 0 0 1 BLANKS 0 23 4 5 1 0 0 0 0 33 A lrue copy. �,��1„ Attest: � f�� Donna M.Hooper,Town Clerk � � 274 (Warrant for State Election—See WARRANT FILE) STATE ELECTION TUESDAY,NOVEMBER 2,2004 � In pursuance of the foregoing warrant the legal voters of the Town of Le�ington met in their respective voting places in said town on Tuesday,November 2, 2004 at 7:00 a.m. The following places were designated as the voting places for the various precincts: Precinct One, Harrington School; Precinct Two, Bowman School; Precinct Three, Clarke Middle School; Precinct Four, Bridge School; Precinct Five, Fiske School; Precinct Six, Diamond Middle School; Precinct Seven, Estabrook School, Precinct Eight, Fire Headquarters '�'} Building; Precinct Nine, Hastings SchooL , The election officers and Wardens of the vaxious precincts were assigned for duty as follows: Precinct One: Warden: Richard Pemberton [U]; Co-Clerks: Margaret Blouin [D], Richard Spillaine [U]; Inspectors: Robert Edwards [R], Jeanette Cerulli [D], Eileen McAlduff[D], Robert Blouin [D], Martha Shurtleff[U], Margaxet Kelly [U], Doris Pemberton [LT], William Barrett [R], Hazel Allison [R],Barry Sampson [U]. . Precinct Two: Warden: Rebecca Fagan [CT]; Co-Clerks: Arthur Katz [D], Shirley Frawley [D]; Inspectors: Clifford Pehrson [U], Henry Torpey [R], Arline Burns [D], Susanne Hays [U], Leonora Feeney [D], Joseph Pato [D], Dorothy Bond [iJ], Winston Flynn [R], Adele Barnes [LT], Lillian MacArthur [U],MaryAnn McKenna [D]. Precinct Three: Warden: Gerald.Abegg [D]; Co-Clerks: Faith Fenske [U], Samuel Berman [D]; Inspectors: Laura Welby [U], Rita Casey [D], Neva Reiner [U], Anthony Sacco [U], JoAnn Eurich [iJ], D. Barbara Ciampa [D], Lillian Drury [U], M. Elinor Greenway [D], Maarib Bazzaz [D], Robert Tracey [D]. Precinct Four: Gulli Kula [D]; Clerk: Robert Bennett II [LT]; Inspectors: Elizabeth Fleming [U], Mary Devoe [U], Evangeline Puopolo [LT], Beverly Aker [U], Virginia Weinberger [D], Eleanor Smith [iT], T. John Quinlan [R], Elizabeth Adam [R], Dana Regillo [R], Ann Ugolini [R], Joyce Defando.rf[LT],John Defandorf[U]. Precinct Five: Warden: Eric Kula [D]; Clerk: Norman Cohen [L�; Inspectors: D. Peter Lund [R], Henry Beerman [D], E. Ashley Rooney [D], Bernice Gerrig [U], Ruth Thomas [D], Richard Eaton � [U],Edward DuBois [R], Susan Folger [U],Audrey Deshler [D],L.inda Cohen [U], Mabel Amar [D], ---f Alice Stringos [U],Anne Conceison [U]. i Precinct Six: Warden: Dorothy Boggia [R]; Co-Clerks: Harriet Morrison [U], Stacey Hamilton [D]; , ;' Inspectors: Charles Price [U], Hazel Graham [D], Alla Fedus [U], Susan Solomon [R], William Simmons [R],Barbara Simmons [R],Francine Edwards [D], Shirley Bullock[R],Burton Smith[R]. Precinct Seven: Warden: Alice Pierce [D]; Co-Clerks: Margaret Bradley [D], William Johansen [D];Inspectors: Sylvia Haroules [U],Renee Fine [D],Alfred Fine [D], Susan Johansen [D],Ephraim Weiss [D], Marilyn Ford [R], Mary Ayvazian [D], Isabelle Bennett [R], Charlotte Ford [D], Edna Holloran [D],Robert Greenway [D],Thomas Sullivan [U]. Precinct Eight: Warden: Leo Chudigian [U]; Co-Clerks: Judith Chudigian [U], Barbara Perrotta [D]; Inspectors: Phyllis Richardson [D], Julie Miller [U], Shirley Ament-Bergey [DJ, Anthony Montagna [U], Ann Diamond [IJ], Claire Abernathy [U], Salvatore Casella [D], John Avayzian [D], Audrey Hosford [U],Nancy Hubert[D],Elinor Bettencourt[R]. Precinct Nine: �Varden: Duncan Macqueen [U], Co-Clerks: John Taylor [LJ], Clark Schuler [U]; Inspectors: Anne Taylor[LJ], Grace Ayers [U],Mary Connor[D],Maureen Brown [D], Carole Butler [U],Carole Scalise[R],Robert Ryan [D],Dorothy Bolduc [U],Edith Paster[D],rudith Schuler[U]. The election officers were sworn to the faithfixl performance of their duties. The polls were declared open in each precinct at seven o'clock A.M. and remained open until eight o'clock P.M., at which time, after due notice,the polls were declared closed. The total number of registered voters in each precinct eligible to vote as of October 13, 2004 is as follows: .-,-, Precinct Registered Democrat Green- Libertarian Republican Unenrolled Other Voters Rainbow 1 2144 837 3 4 289 1009 2 2 2477 1094 12 3 267 1100 1 3 2139 825 3 5 289 1015 2 4 2348 968 5 4 290 1079 2 5 2337 900 6 2 376 1052 1 6 2405 1039 3 6 373 980 4 7 2384 956 1 6 295 1122 4 8 2258 877 7 4 317 1051 2 9 2242 831 3 7 262 1136 3 Totals 20734 8327 43 41 2758 9544 21 __ _ _ _ ___ __ . _--__ ,_ __ ._ _ ._ __ __ — _ 1 _- ____ _ . _ November 2, 2004 State Election, cont.......... 275 Recap sheets were delivered to the Town Clerk at the Town Office Building. 84% of the registered voters cast their vote. The Town Clerk canvassed the results: Pct 1 2 3 4 5 6 7 8 9 Total Voters 1,805 2,100 1,757 2,008 1,949 2,040 2,022 1,928 1,858 17,467 ABSENTEE BALLOT BREAKDOWN r-- Precinct Applications Processed Ballots Counted i In-House Mail Election 10 day out- Total Received - - Total Day Qf-country &Counted 1 48 183 231 206 4 210 2 79' 174 253 210 10 220 3 84 178 262 231 5 236 4 90 213 303 263 4 267 � 5 69 162 231 197 7 204 6 73 137 210 187 2 189 7 78 145 223 198 6 204 8 53 156 209 182 1 183 9 44 138 182 151 4 155 Totals 618 1486 2104 1825 43 1868 Additional Specially Qualified Voters: � An Additional 123 Specially Qualified Voter applications processed, 94 received& counted. Provisional Ballots Cast: Precinct 5- 1; Precinct 6— l; Precinct 7—3. ELECTION RESULTS !— � Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL f N TotalReg Voters 2144 2477 2139 2348 2337 2405 2384 2258 2242 20734 L TotalVotes 1805 2100 1757 2008 1949 2040 2022 1928 1858 17467 Percent(Totai VoteslTotai 84.2 Vote�s) % 84.8% 82.1% 85.5% 83.4% 84.8% 84.8% 85.4% 82.9% 84.2% PRESIDENTNICE PRESIDENT BADNARIK and CAMPAGNA 3 10 5 12 5 13 20 9 9 86 BUSH and CHENEY 543 503 461 489 638 596 531 550 523 4834 COBB and LaMARCHE 5 9 4 12 9 15 6 8 7 75 KERRY and EDWARDS 1245 1552 1274 1472 1284 1406 9454 1346 1301 12334 NADER and CAMEJO 2 13 4 8 4 2 4 4 5 46 ALL OTHERS 4 5 4 11 4 5 4 7 8 52 BLANKS 3 8 5 4 5 3 3 4 5 40 REPRESENTATIVE IN CONGRESS Seventh District � EDWARD J.MARKEY 1208 1549 1250 1436 1305 1375 9445 1321 1308 12197 KENNETH G.CHASE 410 371 357 404 477 488 422 424 407 3760 JAMES 0.HALL 74 66 70 63 68 74 72 72 68 627 ALL OTHERS 3 0 0 0 0 0 2 1 1 7 BLANKS 110 114 80 105 99 103 81 110 74 876 COUNCILLOR ; Sixth District(1,2,4-7) . MICHAELJ.CALLAHAN 1132 1292 ��'S ° � 1208 1165 1194 1216 � -��'� ;�� 7207 ALL OTHERS 7 8 `� , �; 14 6 3 4 ��; : �� ,` � � 42 �BLANKS 666 800 <_.`� , 786 �778 843 802 �`` . �:. ,. 4675 COUNCILLOR Third District(3,8,9) MARILYN M.PETITTO- DEVANEY 1048 1118 1128 3294 � ALL OTHERS K � ` 4 � �,��< x �� _r , �: � ��, 13 12 29 _; �� $ �, ' BLANKS �: _ ..,j_.._� �_.. �:: 705 ._:� __,.... ;.._� 797 718 2220 � � .. ,,....�,:�; ..�..� r � _ .._. 2 7 6 November 2, 2004 State Election, cont.......... SENATOR IN GENERAL COURT Fourth District(1,2,4-7) ROBERT A.HAVERN III 1015 1272 ��; ;F� ; 1125 1018 1123 1183 '��, 4 6736 DOUGLAS M.LUCENTE 621 605 F� "� � 685 761 729 676 x �' 4077 ALL OTHERS 2 1 r � 1 1 0 0 � � � = 5 BLANKS 167 222 � � t.t_„_p; 197 169 188 163 , = 1106 SENATOR IN GENERAL COURT Third District(3,8,9) SUSAN C.FARGO. 1170 ' -� ' 1242 1178 3590 ��. JOHN C.THIBAULT `; � � ; 441 ' �_ � � ' , ,� �� 559 576 1576 ; ALL OTHERS � 7� ��; 1 ' ; �� a�„ '-� � ` �� ' s: 2 2 5 �� BLANKS _� ` � " � , ti . � � � r ' r � �� 145 `" 1� , „��,�. ,.�� :,n� �..,. ._�,� u,.__ �,.� .,... � � r. 7 REPRESENTATIVE IN GENERAL COURT Fifteenth District(1,5-9) �.� r�' r JAY R.KAUFMAN 1217 r � , �i;, �r,�,� � � 1310 1406 1494 1395 1347 8169 CATHERINE D.RYAN 461� � �, x��`�� ` � 530 516 444 422 430 2803 s � �� _ ALL OTHERS 2 �.�� '`' � � � 0 1 0 1 1 5 � � BLANKS 125 r,w � ,� �a`� ' '�'w"�., . �� 109 117 84 110 80 625 REPRESENTATIVE IN.GENERAL COURT Ninth District(2,3,4) THOMAS M. STANLEY r �� 774 734 858 � �� ' �`� ;�t�= � ��,' > : 2366 LINDA B.FOSBURG _ 361 370 417 ° " � £�'' �` s2 '" �; '� ` 1148 JILL E.STEIN �� , r;' 848 526 606 "` � > 1980 ALL OTHERS 1 0 0 - � � 1 BLANKS � ;:� 116 127 127 f � �� ' � � � . _.. . . ,. .. � 370 SHERIFF Middlesex County .JAMES V. DIPAOLA 1048 1267 1048 1185 1076 1148 1152 1011 1063 9998 r-� ALL OTHERS 10 6 6 13 4 5 6 8 15 73 � BLANKS 747 827 703 810 869 887 864 110 780 7396 QUESTION 1 Shall the state representative from this district be instructed to vote in favor of legislation to allow a woman,or someone acting on her behalf,to surrender a newbom who is seven days old or younger,and who has not been physically abused,to a worker at a hospital,a safety officer at a 24-hour police or fire station,or an emergency medical responder at an agreed-upon location following a 911 call? Under the legislation,the woman and her representative would be immune from prosecution,remain anonymous if desired,not be obligated to give any identifying information,and be asked only to receive an optional medical history form to complete and return. The legislation would not contain any termination date or any state funding requirement. Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL YES 1317 1637 1287 1583 1507 1583 1571 1499 1421 13405 NO 202 193 181 180 186 194 201 201 194 1732 BLANKS 286 270 289 245 256 263 250 228 243 2330 QUESTION 2 Precincts 1,5-9 Shall the state representative from this district be instructed to vote in favor of: (1) a resolu6on asserting that the campaign against terrorism should not be waged at the expense of constitutionally protected civil rights and liberties of Massachusetts residents; (2) legislation barring the use of state resources or institutions to carry out actions that violate constitutional rights, or actions such as racial and religious profiling, conducting secret investigations without reasonable grounds, and maintaining files on individuals and organizations without reasonable suspicion of criminal conduct; and(3)a resolution urging the Massachusetts Congressional delegation , �to vote to repeal provisions in the federal USA Patriot Act and other laws that infringe on civil rights and liberties and to oppose any future legislation that infringes on civil rights and liberties? Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL YES 957 1094 1182 1229 1128 1083 6673 NO 484 �� 534 524 473 507 470 2992 BLANKS 364 , „ _ . , _w_ , n „ 321 334 320 292 305 1936 ___ ______ ___ _ _ _ ____-- -----__ _ ___ _,_. __ ___._ _— --- --__ _ _ _ _- - . . __ f November 2, 2004 Sta.te Election, cont.......... 277 QUESTION 213 Question 2:Precincts 2-4 Question 3:Precincts 1,5-9 Shall the state representative from this district be instructed to vote in favor of a constitutionai amendment that would remove the authority to create congressional and legislative districts from the state Legislature and instead place that responsibility in the hands of an indeper�dent commission,subject to strict guidelines for public participa6on,nonpartisanship,retaining the integrity of existing communi6es and respecting the voting rights of minorities? Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL YES 1002 1351 1093 1256 1155 1298 1249 1208 1131 10743 � NO 380 400 310 405 401 370 409 378 385 3438 � � BLANKS 423 349 354 347 393 372 364 342 342 3286 L : **Election results include tally of overseas ballots and provisional ballots deemed eligible to be cast at a duly posted meeting of the Board of Registrars on November 15, 2004. A true copy. .�'. Attest: i`� �'r✓�i-fil� , Donna M. Hoope' Town Clerk �' � � 278 WARRANT FOR TOWN ELECTION — (SEE WARRANT FILE) TOWN ELECTION — MONDAY, MARCH 7, 2005 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Monday, March 7, 2005 at 7:00 a.m. The following places were designated as the voting places for the various precincts: Precinct One, Harrington School; Precinct Two, Bowman School; Precinct Three, Jonas Clarke Middle School; Precinct Four, Bridge School; Precinct Five, Fiske School; Precinct Six, William Diamond Middle School; Precinct Seven, Joseph Estabrook School; Precinct Eight, Central Fire Station; Precinct Nine, Maria Hastings School ,"'! � ' I The election officers and Wardens of the various precincts were assigned for duty as ,._.,.� follows: Precinct 1: Warden: Richard Pemberton [U]; Clerk: Margaret Blouin (D]; Inspectors: Richard Spillane [U], Edwina Spillane [U�, Barry Sampson [U], Jeanette Cerulli [D], Eileen McAlduff [D], Doris Pemberton [U], Robert Blouin [D], Margaret Kelly [U]. Precinct 2: Warden: Rebecca Fagan [D]; Clerk: Arthur Katz[D]; Inspectors: Barry Sampson [U], Clifford Pehrson [U], Grace Ayers [U], Arline Burns [D], Dorothy Bond [U], Joseph Pato [D], Lillian MacArthur[U], Leonora Feeney[D], Susanne Hays[U], Hazel Allison [R]. Precinct 3: Warden: Gerald Abegg [D]; Clerks: Faith Fenske [U], Shirley Frawley [D]; Inspectors: Robert Tracey [D], Maarib Bazzaz [D], Samuel Berman [D], M. Elinor Greenway [D], Rita Casey[D], Lillian Drury [U]. Precinct 4: Warden: Gulli Kula [D]; Clerk: Robert W. Bennett [U]; Inspectors: Mary Devoe [U], Beverly Aker(U], Elizabeth Fleming [U], William Frawley [D], Dana Regillo [R], Eleanor Smith [U], Evangeline Puopolo [U], Gloria Curran [U]. Precinct 5: Warden: Eric Kula [D]; Clerk: Bernice Gerrig [U]; Inspectors: Dorothy Bolduc [U], Kaitlin Boudreau [U], Alice Stringos [U], Barbara Sandler[U], Audrey Deshler[D], Julie Miller[U], Charlotte Ford [D], Adele Barnes[U], D. Peter Lund [R], E. Ashley Rooney[DJ . Precinct 6; Warden: Dorothy Boggia [R]; Clerk: Harriet Morrison [U]; Inspectors: Susan Solomon [R], John Defandort[U], Joyce Defandorf[U], Hazel Graham [D], Robert Edwards[R], Alla Fedus - [U], Barbara Simmons [R], Burton Smith [R], Francine Edwards [D], Catherine Rego [D], William Simmons [R]. Precinct 7: Warden: Alice Pierce [D]; Clerk: Margaret Bradley [D]; Inspectors: Renee Fine [D], Mabel Amar [D], Isabelle Bennett [R], Salva#ore Casella [D], Mildred Collentro [D], Robert �,., Greenway[D], Mary Ayvazian [D]. � Precinct 8: Warden: Leo Chudigian [U]; Clerk: Judith Chudigian [U]; Inspectors: Barbara I Perrotta [D], Elinor Bettencourt [R], Anthony Montagna [U], Claire Abernathy (U], John Ayvazian -- [D],Ann Diamond [U], Alfred Fine[D]. Precinct 9: Warden: Clark Schuler [U]; Clerk: Stacey Hamilton [D], Renee Reynolds [D]; Inspectors: Shirley Ament-Bergey [D], Thomas Sullivan [U], Carole Scalise [R], Marilyn Ford [R], Maureen Brown [D], Judith Schuler[U], Edith Paster[D], Robert Ryan [D], Carole Butler[U]. The election officers were sworn to the faithful performance of their duties. The polls were declared open in each precinct at seven o'clock A.M. and remained open until eight o'clock P.M., at which time, after due notice, the polls were declared closed. Total of 20,280 registered voters eligible to vote as of February 15, 2005: Pct. Registered Democrat Green- Libertarian Republican Unenrolled Other" Voters Rainbow 1 2082 806 3 4 275 992 2 2 2422 1067 12 2 263 1077 1 3 2073 795 3 5 281 987 2 4 2315 958 6 5 274 1068 4 5 2275 884 6 1 358 1025 1 6 2366 1016 3 6 368 969 4 7 2340 939 1 6 288 1103 3 8 2204 861 7 4 313 1018 1 � 9 2203 819 3 7 257 1115 2 Total 20280 8145 44 40 2677 9354 20 � *Political Designations include: American Independent, Conservative, Green Party USA, Interdependent 3'd Party, Reform, Socialist, and Time Sizing Not Downsizing. - __ _ _ ___ ___ � ___ ---_ _ _ __ _ _ _ _ ---_ __ . - ____ _. March 7, 2005 Annual Town Election, cont........ 2 7 9 Election results were delivered to the Town Clerk at the Town Office Building. 37% of the registered voters cast their vote. The Town Clerk canvassed results as follows: ABSENTEE BALLOT BREAKDOWN Ballots Applications Timely Ballots Returned Ballots Pct Processed Returned Late/Undeliverable Counted 1 46 40 - 40 2 58 52 4 52 3 47 44 2 44 4 52 48 - 48 5 41 35 5 35 � 6 57 57 0 57 7 62 59 1 59 �__ 8 47 , 43 3 43 9 22 15 5 15 Totals 432 393 20 393 TOWNWIDE OFFICES PCT 1 PCT 2 PCT 3 PCT 4 PCT 5 PCT 6 PCT 7 PCT 8 PCT 9 TOTAL TOTAL VOTERS 2082 2422 2073 2315 2275 2366 2340 2204 2203 20280 TotalVotes 688 926 681 938 817 984 931 867 743 7575 Percent 33% 38% 33% 41% 36% 42% 40% 39% 34% 37% SELECTMEN(Vote for TWO;for THREE Years) WILLIAM P.KENNEDY 139 207 149 163 180 222 232 201 264 1757 DAWN E.MCKENNA 280 277 171 279 304 314 244 270 219 2358 *NORMAN P.COHEN 313 534 414 571 433 621 565 490 336 4277 *HANK MANZ 256 412 334 456 341 406 458 397 308 3368 PATRICK R.MEHR 209 222 160 234 194 225 220 220 208 1892 WRITE-INS 2 0 0 1 0 2 1 1 2 9 � BLANKS 177 200 134 172 182 178 142 155 149 1489 , *elected for 3 years �.- MODERATOR(Vofe for ONE;for ONE Year) *MARGERYM.BATTIN 414 613 436 578 • 490 667 610 543 465 4816 WRITE-INS 3 5 3 6 4 2 4 3 5 35 BLANKS 271 308 242 354 323 315 317 319 273 2722 *elected for 3 years � SCHOOL COMMITTEE(Vote for ONE;for THREE Years) *THOMAS V.GRIFFITHS 379 591 413 602 450 621 589 523 398 4566 IANG JEON 241 249 194 265 292 289 260 260 278 2328 WRITE-INS 1 2 0 1 0 0 1 1 3 9 BLANKS 67 84 74 70 75 74 81 82 64 671 *elected for 3 years PLANNING BOARD(Vofe for TWO;for THREE Years) *ANTHONY G.GALAITSIS 330 455 339 427 439 533 455 363 352 3693 *CHARLES HORNIG 258 376 299 383 294 428 408 425 325 3196 � WRITE-INS 1 1 3 1 4 1 3 2 4 20 �� BLANKS 787 1019 721 1065 897 1006 996 944 805 8240 *elected for 3 years HOUSING AUTHORITY(Vote for ONE;for FIVE Years) *LEO P.MCSWEENEY 425 592 423 564 476 608 575 528 483 4674 WRITE-INS 1 1 2 1 8 4 4 5 5 31 BLANKS 262 333 256 373 333 372 352 335 255 2871 *elected for 5 years 2 8 O March 7, 2005 Annual Town Election, cont.....:.. TOWN MEETING MEMBERS PRECINCT 1 —Seven for Three Years Total Total *NANCY M.ADLER 362 TEMPLE D.GOODHUE 258 *ELLEN BASCH 358 Tracy McDonaid 1 *MARY BOWES 336 Ben Fein-Cole 1 *JOHN C.BARTENSTEIN 325 William Barrett 1 *ALBERT P.ZABIN 321 Jean Barrett 1 *JAMES E.BARRY 316 Stephen.Murray 1 "JOHN F.ROSSI 312 Marcus Pinney 1 BLAN KS 2222 *elected for 3 years � � i PRECINCT 2 — Seven for Three Years --� Total Total *JILL E.STEIN 540 KENNETH M.KREUTZIGER 253 *ROBIN B.DIGIAMMARINO 395 ROBERT D.WARSHAWER 203 *JUDITH M.BOXER 353 JOHN F.MULLEN III 191 "CHRISTINA J.WELCH 336 STEVEN A.KROPPER 168 '`ROBERT W.CUNHA 314 Marc Stem 1 *DANIEL A.LUCAS . 305 Eric Lazarian 1 *PAUL H.LAPOINTE 283 John McAleer III 1 JOHN T.SACKTON 264 BLANKS 2610 WILLIAM D.SMITH 264 *elected for 3 years � PRECINCT 3 —Seven for Three Years; One for One Year Total Total *DAN H.FENN,JR. 414 **JQHN H.SELLARS 182 *ROBERT V.WHITMAN 340 THOMAS H.LUTZ 131 *ARTHUR KATZ 337 Paul Keane 2 *GLORIA V.HOLLAND 328 Paul Riifin 1 *NICHOLAS A.CANNALONGA 299 Jamie Katz 1 *STEVEN P.HEINRICH 277 Ricki Pappo 1 *BONNIE E.BRODNER 251 John Carroll 1 **ROBERT H.COPP 182 BLANKS 2701 *elected for 3 years; `*To be determined by specia!election prior to 03.28.2005 Town Meeting r'�°� PRECINCT 4—Seven for Three Years ._„J Total Total '`LISA A.BACI 448 MARTHA DAILEANES•SEVIGNY 368 *BEVERLY KELLEY 423 Laura Kole 101 *RUTH S.THOMAS 420 Robert Beckwitt 5 "STEVEN M.TURNER 418 David Laredo 1 *JOHN L.DAVIES 407 Paul Miniutti 1 *TIMOTHY R.COUNIHAN 404 BL4NKS 3161 � *NICHOLAS SANTOSUOSSO 403 ;3fi��rU'� *elected for 3 years � PRECINCT 5 — Seven for Three Years Total Total *DAVID G.WILLIAMS 388 JEFFREY J.CRAMPTON 293 "ANTHONY G.GALAITSIS 387 Robert Licht 2 *MARJORIE M.DAGGETT 374 Elizabeth Frank 2 *EPHRAIM WEISS 373 Anthony Miminos 1 *PAUL F.BARNES 371 Todd Cataldo 1 *JOHN HAYWARD 333 John Frey 1 *LORETTA A.PORTER 295 BLANKS 2898 *elected for 3 years PRECINCT 6 — Seven for Three Years; One for Two Years Total Total ��, *DAVID L.KAUFMAN 573 Ashley McKenna 3 � *MARSHALL J.DERBY 555 Howard Levingston 2 � *MORTON G.KAHAN 540 Sarah Washburn 2 ""� *GERALD A.LACEY 540 Adele Tambor 1 *JONATHAN A.HIMMEL 516 Setha Olson 1 *LAURA M.MAHONEY 514 Mark Barons 1 *RONALD B.PAWLICZEK 477 Cathy Stout 1 **DAWN E.MCKENNA 422 Arthur Gingrande 1 Peter Cohen 80 BLANKS 3599 Susan Solomon 44 '`elected for 3 years; **elected for 2 years _ -- ___ __ -- ___ _ _ � __ ___ _ _ March 7, 2005 Annual Town Election, cont........ 281 PRECINCT 7 — Seven for Three Years Total Total *THOMAS V.GRIFFITHS 599 Michael Barg 1 *RAVINDER K.SAKHU,IA 561 Dave Needham 1 *DEBORAH J.BROWN 556 Sunii Singhal 1 "MARTHA C.WOOD 505 Shirley Farias 1 *PAM HOFFMAN 468 Jay Lawson 1 *JAMES W.COURTEMANCHE 361 Tom Sullivan 1 JOHN E.TAYLOR 331 Philip Hamilton 1 "ROBERT D.PETERS 331 BLANKS 2480 SEAN P.MALONEY 318 *elected for 3 years (John E. Taylor removed his name from a special run-off election) _ PRECINCT 8 —Seven for Three Years; One for One Year Total Total *STEWART G.KENNEDY 409 FLORENCE E.CONNOR 267 *MARGARET BRADLEY 407 RICHARD E.BAUGHMAN 219 "ROGER F.BORGHESANI 399 LORRAINE M.FOURNIER 214 *RICHARD A.MICHELSON 398 LINDA F.MORAN 203 *CHARLES HORNIG 386 JAMES E.HART 172 *CHARLES L.MOORE,JR. 317 Steve Tripi 1 *JAMES A.OSTEN 303 Brian Galloway 1 **ANNE E.FRYMER 289 BLANKS 2951 "elected for 3 years; *"elected for 1 year PRECINCT 9 — Seven for Three Years Total Total "WENDY MANZ 430 DORRIS P.TRAFICANTE 211. *LEO P.MCSWEENEY 422 RICHARD SCHAYE 195 *JANICE A.KENNEDY 375 MICHAEL E.SCHROEDER 170 *ALICE J.ADLER 322 Joel Aufiero 2 *JOHN MAZERALL 291 Andrew Aufiero 2 *EMILY R.DONOVAN 273 William P. Kennedy 2 *MARY E.DONAHUE 253 Michelle Ciccolo 1 FRANCINE STIEGLITZ 243 BLANKS 2009 *elected for 3 years � � . �._ l A true copy. I Attest: �� Donna . Hooper, Town lerk Norman P. Cohen, 33 Forest Street #309, resigned as a Town Meeting Member from Precinct 4 effective March 8, 2005. As Mr. Cohen was elected as Selectman at the Annual Town Election held March 7, 2005, he is now a Town Meeting Member At-Large in accordance with Chapter 215, Section 3 of the Acts of 1929. Martha Daileanes-Sevigny, 85 Kendall Rd, received the highest number of votes as a defeated candidate for Town Meeting from Precinct 4 at the March 7, 2005 Annual Town Election. As of March 17, 2005 IVIS Daileanes-Sevigny's acceptance of the position to fill the vacancy caused by the resignation of Norman Cohen (exp. 2007), has been filed with the Town Clerk. This term will expire March 2006. Hank Manz, 14 Ellison Road, resigned as a Town Meeting Member from Precinct 9 effective March 8, 2005. As Mr. Manz was elected as Selectman at the Annual Town Election held March 7, 2005, he is now a Town Meeting Member At-Large in accordance with Chapter 215, Section 3 of the Acts of 1929. Francine Stieglitz, 3 Amherst St., received the highest number of votes as a defeated candidate for Town Meeting from Precinct 9 at the March 7, 2005 Annual Town election. As of March 14, 2005, Ms. Stieglitz acceptance of the position to fill the vacancy caused by the � resignation of Hank Manz (exp. 2007), has been filed with the Town Clerk. This term will expire March 2006. � ._ Precinct 7: John E. Taylor, 11 Linmoor Terrace, withdrew his name from the ballot for the Special Election to elect a Precinct 7 Town Meeting Member for 3 years due to a tie vote at the March 7, 2005 Annual Town Election. Robert D. Peters, 43 Fifer Lane, has been elected a Town Meeting Member from Precinct 7 for a 3-year term expiring March 2008. ` 2 � � Special Election—Precinct 3 Town Meeting March 28,2005 A special election of Town Meeting members of Precinct THItEE was held on Monday, March 28, 2005, Cary Memorial Building. At the Annual Town Election held Maxch 7, 2005, Robert H. Copp, 95 Bridge Street, and John H. Sellars, 320 Concord Avenue, each received 182 votes as a candidate for Town Meeting Member from Precinct 3,therefore creating a tie. In accordance with Chapter 215, Section 7, of the Acts of 1929,this Special Election is held to determine which candidate will fill the one-year term ending March 2006. The meeting was called to order at 6:45 p.m. A quorum of 18 Precinct Three Town � Meeting Members was present. Meeting Chairman: Reid Zurlo ,�I Meeting Clerk: Darwin Adams/Patrick Mehr The election was held by secret ballot, counted by Reid Zurlo,Darwin Adams and � Patrick Mehr. Results are as follows: Robert H. Copp 14 votes John H. Sellars 4 votes It is declared that Robert H. Copp is elected to a term of one year ending Maxch 2006. Chairman: /s/Reid Zurlo Clerk: /s/Patrick Mehr Dated: March 28, 2005 � � . _J r� J __ _._ , __ _ ___ . _ _ _ ___ _ . . __ _ . 283 2005 Annual Town Meeting March 28,2005 (See Warrant File for Warrant) The first session of the 2005 Annual Town Meeting was called to order by Moderator Margery M. Battin, at 7:30 p.m., Cary Memorial Building. A quorum of 179 members was present. The Lexington Minutemen, accompanied by the William Diamond Fife and Drum Corps, posted the colors. The invocation was offered by Rev. Bill C1ark, First Parish Church. �' The Moderator honored deceased Town Meeting members Frank Kava, Louise Kava, and I Renee Cochin. L _' Town Clerk Donna M. Hooper read the Warrant for the Meeting until waived. The Town Clerk read the Constable's Return of the Warrant. The Moderator reviewed procedural matters and declared the meeting open under Article 2 and would be for the duration of the meeting. ARTICLE 2: REPORTS OF TOWN BOARDS AND COMMITTEES 7:55 p.m. Presented by Selectman Jeanne Krieger. MOTION: That the report of the Committee on Cary Lectures be accepted and placed on file and the Committee discharged. Motion Adopted. Mrs. Shephard presented the report of the Committee on Cary Lectures. 7:59 p.m. Presented by Arthur Katz. MOTION: That the report of the Lexington Housing Partnership Board be accepted and placed on file. Motion Adopted. Robert Bicknell, Chairman, presented the report of the Lexington Housing Partnership Board. ARTICLE 3: APPOINTMENTS TO CARY LECTURE SERIES 8:00 p.m. Presented by Selectman Jeanne Krieger. 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. Motion Adopted Unanimously. ARTICLE 4: ZONING BY-LAW,AMEND CB TO CD,BATTLE GREEN INN, 1720 MASSACHUSETTS AVENUE 8:02 p.m. Presented by Chaxles Lamb,pr.4. MOTION: That the Code of the Town of Lexington, Zoning By-Law sections, and the Zoning Map of the Town of Lexington be amended by changing the zoning district designation of that property commonly known as The Battle Green Inn, located at 1720 Massachusetts Avenue, and specifically described in a metes and bounds description on file with the Board of Selectmen and the Planning Board from the current CB, Central Business District to a CD-Planned Commercial District to a11ow construction of a building(s) for the purposes of multi-family housing and commercial retail space. The land in the CD, Planned Commercial district shall be subject to the preliminary site development and use plan originally filed on December 28, 2004, as amended, including a revised and resubmitted preliminary site development and use plan dated March 18, 2005, which plan is on file with the Planning Board and Town Clerk, in accordance with the provision of the Zoning By-Law of the Town of Lexington. ' 8:03 p.m. Eric Shapiro, Battle Green Inn owner,presented the article. � Architect Erik Rhodin explained proposed development. 8:20 p.m. Thomas Harden, Planning Board moved: MOTION: That the report of the Planning Board on Article 4 be accepted and placed on file. Motion Adopted Unanimously. Mr. Harden presented the report. 8:31 p.m. Anthony Galaitsis presented minority report of the Planning Board and moved: MOTION: That the Minority Report of the Planning Board on Article 4 be accepted and placed on file. Motion Adopted Unaninlously. 2, 84 2005 Annual Town Meeting—March 28, 2005 cont... 8:38 p.m. Richard Pagett reported the support of the Board of Selectmen on a vote of 4 in favor and 1 opposed; summarized the steps taken by the owner, and urged support. Peter Kelley presented a minority report of the Board of Selectmen and urged defeat. 8:45 p.m. Robert Bicknell, Chairman, reported support of the Lexington Housing Partnership Board. 8:47 p.m. Sheila Watson,pr.6,reported support of a majority of the Lexington Center Committee. 8:50 p.m. Carl Oldenburg,reported the unanimous support of the Design Advisory Committee. 8:55 p.m. Elaine Dratch,pr.5, Transportation Advisory Committee, spoke to the transportation management options and support of the transporta.tion demand package. 8:56 p.m. Members and citizens from the audience spoke in support and opposition; and questioned income eligibility criteria, mitigation funds, and shadows cast. Mary Jo Bohart,Executive Director of the Chamber of Commerce, reported the unanimous support of the Chamber's Board of Directors. Discussion continued in favor and opposition. 10:15 p.m. Joel Adler,pr.l, moved that the question now be put. Motion Adopted. 10:15 p.m. Mr. Shapiro summarizing requested action. 10:23 p.m. Following a voice vote on Article 4,tallied as follows: Precinct Yes No 1 8 11 2 7 9 3 8 9 4 11 6 r 5 7 14 6 15 5 7 13 5 8 13 3 9 7 9 AL 9 4 TOTAL 98 75 10:23 p.m. The Moderator declared with less than the required two-thirds vote, Motion Not Adopted. 10:23 p.m. Charles Lamb,pr.4, served Notice of Reconsideration on Article 4. ARTICLE 5: ZONING BY-LAW, CENTER PARKING 10:23 p.m. Presented by Wendy Manz,pr.9. MOTION: That this article be indefinitely postponed. Motion Adopted Unanimously. ARTICLE 6: RESTRICT PARKING ON RESIDENTIAL STREETS IN CB CENTRAL BUSINESS DISTRICT 10:23 p.m. Presented by Ruth Thomas,pr.4. MOTION: That this article be indefinitely postponed. Motion Adopted. 10:24 p.m. Stewart Kennedy,pr.7,moved Article 21 be taken up at this time. Motion Adopted. Fred Rosenberg,pr.9,moved adjournment until March 30�'. Motion Not Adopted. _ __ ---- -- - --- ---__ ___ __ _ � _ _ ____ _ _ __ _ _ __ _ _. _ __ _ _ _ -- __ 28 � 2005 Annual Town Meeting—March 28,2005 cont... ARTICLE 21: FORMER MIDDLESEX COUNTY HOSPITAL OPEN SPACE 10:26 p.m. Presented by Stewart Kennedy,pr.8. MOTION: That the following resolution be adopted: Town Meeting affirms its strong desire that the land parcel shown as Lot 1 A on Assessor's Property Map 2,the remaining undeveloped Lexington portion of the former Middlesex County Hospita.l, be preserved as open space, free from development; and requests the Board of Selectmen to convey the spirit of this resolution to the appropriate elected and appointed state officials, including but not limited to the Governor,the Lt. Governor, Lexington's two State Senators and two State Representatives,the Secretary of Commonwealth --- Development,the Secretary of Administration and Finance,the Secretary of the Executive Office of Environmental Affairs,the Commissioner of the Department of Conservation and Recreation, and the Commissioner of the Division of Capital Management. 10:26 p.m. Eileen Entin, Citizens for Lexington Conservation, explained motion. Roger Wruben spoke on the property. Angela Frick, 1010 Waltham Street, commented. 10:38 p.m. Richard Canale reported the Planning Board recommended approval. 10:39 p.m. Chairman Jeanne Krieger reported the unanimous support of the Board of Selectmen. 10:40 p.m. Shirley Stolz reported the strong endorsement of the Capital Expenditures Committee. 10:40 p.m. The Moderator declared the motion Adopted Unanimously. 10:40 p.m. Selectman Jeanne Krieger moved the meeting adjourn until 7:30 p.m., Wednesday, March 30,2005, Cary Memorial Building. Motion Adopted Unanimously. A true copy. ; Attest: �� Donna M. Hooper, Town lerk 286 Adjourned Session of the 2005 Annual Town Meeting March 30,2005 The Moderator called the 2"d session of the 2005 Annual Town Meeting to order at 7:30 p.m., Cary Memorial Building. A quorum of 164 members was present. ARTICLE 2: REPORTS OF TOWN BOARDS and COMMITTEES 7:36 p.m. Marshall Derby moved the report of the Lexington Housing Assistance Board be accepted and placed on file. Mr. Derby reported activities of LEXHAB during the past year. Motion Adopted Unanimously. � ARTICLE 7: ADOPTION OF COMMLTNITY PRESERVATION ACT � 7:40 p.m. Presented by Arthur Katz,pr.3. MOTION: That the Town hereby accepts Sections 3 to 7, inclusive, of Chapter 44B of the General Laws, otherwise known as the Massachusetts Community Preservation Act,by approving a surchaxge on real property for the purposes permitted by said Act, including the acquisition, creation and preservation of open space,the acquisition,preservation,rehabilitation and restoration of historic resources,the acquisition, creation and preservation of land for recreational use,the creation,preservation and support of community housing, and the rehabilitation and restoration of such open space, land for recreational use and community housing that is acquired or created as provided under said Act;that the amount of such surchaxge on real property shall be 3% of the annual real estate tax levy against real property; that such surcharge shall first be imposed in fiscal year 2007; and that the Town hereby accepts the following exemptions from such surcharge permitted under Section 3(e) of said Act: (i) $100,000 of the value of each taxable parcel of residential real property ; and(ii)properly owned and occupied as a domicile by any person who qualifies for low income housing or low or moderate income senior housing in the Town, as defined in Section 2 of said Act. 7:40 p.m. The article's sponsor, Robert Bicknell,presented the article. 7:50 p.m. Marilyn Fenollosa, Historical Commission, spoke on historic preservation. 7:55 p.m. Richard Canale reported the Planning Board recommends passage. 7:58 p.m. Norman Cohen reported the unanimous support of the Boaxd of Selectmen. 8:00 p.m. Eric Michelson reported the Appropriation Committee does not support adoption due to competing demands for tax dollars. 8:07 p.m. Chairman George Burnell reported the unanimous opposition of the Capital Expenditures Committee. 8:09 p.m. Conservation Committee Chairman Joyce Miller reported the Committee is taking no position on this article and of the need for community discussion. 8:11 p.m. Chairman Thomas Griffiths reported the School Committee was making no recommendation on this article. 8:12 p.m. Sheldon Spector,pr.6, questioned state matching funds and timing for election. Marilyn Fenollosa responded. 8:14 p.m. Members spoke in favor and opposition, questioned monies raised from the surcharge, surcharge rate chosen, exemption form proposition 2 %2 and the 5-year minimum period for the adopted surcharge. Robert Bicknell explained percentage chosen is the preferred rate. 8:34 p.m. Discussion in favor and opposition continued. 8:41 p.m. Fred Rosenberg,pr.9, moved the question. Motion Adopted. Robert Bicknell summarized. __ _ _ _. _ _ _ __ __ _ _ _ __ .. _ _ ____---__ _ _ _ 287 2005 Annual Town Meeting,Adjourned Session of March 30, 2005 cont... 8:47 p.m. Following a standing vote on Article 7,tallied as follows: Precinct Yes No 1 2 17 2 12 7 3 10 6 4 12 5 5 8 9 6 12 7 7 13 4 8 9 6 9 8 9 AL 8 5 TOTAL 94 75 8:47 p.m. The Moderator declared Motion Adopted by a vote of 94 in favor and 75 opposed. George Burnell, Capital Expenditures Committee, served notice of reconsideration of Article 7. ARTICLE 8: ESTABLISHMENT OF COMMUNITY PRESERVATION COMMITTEE 8:50 p.m. Presented by Anne Frymer,pr.8. MOTION: That the Town hereby amends Chapter 29 of the Code of the Town of m b Lexington by adding the following Article at the end of such Chapter for the � o purpose of establishing a Community Preservation Committee; provided, � � however, that this bylaw shall not take effect unless and until such time as N a Sections 3 to 7, inclusive, of Chapter 44B of the General Laws (the ��c Massachusetts Community Preservation Act) are accepted by the Town in the o rt manner required by such Act: � o ,.. � � "ARTICLE VII" o�c � Community Preservation Committee rt � m m §29-23 Establishment; membership; terms; vacancies. A' � � There is hereby established a Community Preservation Committee pursuant to � � Section 5 of Chapter 44B of the General Laws (the "Act") consisting of nine � ,� (9)members. The Boaxd of Selectmen sha11 appoint three (3)members of the � � Community Preservation Comrnittee and the following bodies sha11 each w �, select one of its members for membership on the Community Preservation � �; Committee: the Conservation Commission,the Planning Board,the o� Recreation Committee,the Historical Commission,the Housing Authority and o the Housing Partnership. Each appointing body shall make the required appointments of inembers to serve the initial term on the Community Preservation Committee not later than thirty (30) days after the effective date of this bylaw and shall make the required appointments to serve each subsequent term not later than the date on which the term of the previously appointed member expires. The initial term of each member of the Community Preservation Committee sha11 commence upon appointment and expire on June 30, 2007. The terms of each member of the Community Preservation Committee appointed thereafter shall be for two years commencing on June 30 in the year in which they are appointed and expiring on the second anniversary thereof. Mid-term vacancies shall be filled by the body that appointed the member who created the vacancy by appointing another member in accordance with this section to serve on the Community Preservation Committee for the remainder of the unexpired term. Each appointment of a member to the Community `� � Preservation Committee shall be by majority vote of the appointing body, a certified copy of which vote shall be sent by the clerk of the appointing body to the Town Clerk. §29-24. Organization; meetings. The Community Preservation Committee sha11 not meet or conduct business without the presence of a quorum, which shall consist of a majority of its members. The Community Preservation Committee shall approve its actions by maj ority vote. 288 � 2005 Annual Town Meeting,Adjourned Session of March 30, 2005 cont... §29-25. Responsibilities; study; hearing; recommendations. The Community Preservation Committee shall study the needs,possibilities and resources of the Town regarding community preservation. In conducting such study,the Community Preservation Committee shall consult with the appointing bodies identified in section 1 of this bylaw and sha11 hold at least one annual public informational hearing on the needs,possibilities and resources of the Town regarding community preservation possibilities and resources, notice of which shall be posted publicly and published for each of two weeks preceding the hearing in a newspaper of general circulation in the Town. The Community Preservation Committee shall make recommendations to the Town Meeting for the acquisition, creation,preservation, rehabilitation and restoration of properties and real property interests, as provided in the Act, which recommendations may include setting aside funds for later spending for purposes that are consistent with the Act. The recommendations made by the Community Preservation Committee shall include the anticipated costs of such recommendations. §29-26. Warrant articles. The Board of Selectmen shall insert an article in the warrant for each Annual Town Meeting, and for any Special Town Meeting upon the written request of the Community Preservation Committee,to enable Town Meeting to make appropriations for community preservation purposes recommended by the Community Preservation Committee for the current or next fiscal year. The community preservation purposes recommended by the Community Preservation Committee to be funded from the Community Preservation Fund shall be in addition to and coordinated with the annual report of recommended capital expenditures prepared by the Capital Expenditures Committee, and the Capita.l Expenditures Committee shall state whether it endorses each recommendation of the Coinmunity Preservation Committee. §29-27. Construction. At all times this bylaw shall be interpreted in a manner consistent with the Act. In case any section,paragraph or part of this bylaw be for any reason declared invalid or unconstitutional by any court of last resort, every other section,paragraph or part shall continue in full force and effect." 8:50 p.m. Robert Bicknell, article sponsor, explained requested action. Richard Canale reported the support of the Planning Board. Norman Cohen reported the unanimous support of the Board of Selectmen. Eric Michelson reported the Appropriation Committee took no position. George Burnell reported support of the Capital Expenditures Committee. Joyce Miller reported the Conservation Commission would support, although had not taken a position. 8:55 p.m. The Moderator declared the Motion Adopted Unaninlously. ,�,r, 9:05 p.m. George Burnell, Capital Expenditures Committee, served notice of � o reconsideration on Article 8. � N � o � ARTICLE 9: ZONING BY-LAW,RO TO CD,ASSESSORS MAP 5,PARCEL 11, H � WALTHAM STREET � � 9:05 p.m. Presented by Ed Crrant,pr.6. � � Mr. Grant declared he would be abstaining from voting on the article. � c� � �, °.u' MOTION: That the Zoning By-Law of the Town of Lexington be amended by changing the r � a zoning district designation of the land described in the Article from the current RO o .� One Family Dwelling zoning district to CD,Planned Commercial district. .0 u, � o �N The boundaries of the CD,Planned Commercial district shall be as set forth in the �' Article. b � v o � The land in the CD,Planned Commercial district shall be subject to the preliminary P., � site development and use plan originally filed on December 23,2004,as amended, �� including a revised and resubmitted preliminary site development and use plan dated March 4,2005,which plan is on file with the Planning Board and Town Clerk, in accordance with the provisions of the Zoning By-Law of the Town of Lexington. __ _ ___ _ _ _ __.__ _ _ _- - __ _-- . _ __ _ _ _ _ _ ___ _ __ � __. _ 289 2005 Annual Town Meeting,Adjourned Session of March 30, 2005 cont... 9:06 p.m. Wendy Manz moved the Report of the Planning Board on Article 9 be accepted and placed on file. Adopted Unanimously. Ms. Manz reported the support of the Planning Board. 9:14 p.m. Richard Canale, Planning Board, spoke in opposition. 9:19 p.m. Chairman Jeanne Krieger reported the unanimous support of the Board of Selectmen. 9:20 p.m. Francine Stieglitz,pr.9, reported the unanimous support of the Transportation Advisory Committee and of contributions toward traffic reduction. 9:21 p.m. Mary Jo Bohart, Executive Director, Chamber of Commerce,urged passage. 9:23 p.m. Members spoke in favor and in opposition. 9:30 p.m. Robert Coyne,pr.8, called the question. Motion Adopted. 9:30 p.m. Ed Grant summarized requested action. 9:32 p.m. Following a standing vote on Article 9,tallied as follows: Precinct Yes No 1 18 1 2 16 2 3 12 4 4 16 0 5 15 1 6 17 2 7 18 0 8 16 0 9 17 0 AL 11 1 TOTAL 156 11 �' 9:34 p.m. The Moderator declared Motion Adopted, by a vote of 156 in favor and 11 opposed. � .. ARTICLE 22: FAST TRACK AUCTION LAW 9:35 p.m. Presented by Jill Stein,pr.2. MOTION: That the following resolution be adopted: Outside Section 548 of the FY04 state budget, also known as the fast track auction law, eliminates pre-existing rights and capabilities that enabled the Town to purchase or guide the future use of surplus state property within its borders. Thus Outside Section 548 is contrary to the Town's interests in achieving carefully planned development necessary to meet community needs for affordable housing, open space preservation,prevention of traffic congestion or flooding, and historic preservation.For this reason, Town Meeting urges Town officials and its representatives in the State Legislature to work diligently to: 1) restore the Town's right to guide the future use of surplus state property by expeditiously repealing the fast-track auction law; and 2) prevent the re-enactment of the same or a similar law as either an Outside Section of the FY06 state budget or as a separate piece of legislation. 9:44 p.m. Richard Canale reported the support of the Planning Board. � Chairman Jeanne Krieger reported the unanimous support of the Board of Selectmen. Shirley Stolz reported the support of the Capital Expenditures Committee. John Bartenstein reported the unanimous support of the Appropriation Committee. 9:47 p.m. Kevin Johnson, South Lexington Civic Association,reported support. 9:47 p.m. The Moderator declared the Motion Adopted Unanimously. 9:48 p.m. Paul Chernick,pr.6,moved Articlel4 be taken up at this time. Motion Adopted. 290 2005 Annual Town Meeting,Adjourned Session of March 30, 2005 cont... ARTICLE 14: MUNICIPAL LIGHTING PLANT 9:48 p.m. Presented by Paul Chernick,pr. 6. MOTION: (a) That the following resolution be adopted: Town Meeting supports the enactment of legislation confirming that a municipality can purchase electric assets to form a municipal lighting plant in accordance with Chapter 164 of the General Laws as amended, and urges its state representatives and senators in the General Court to actively support such legislation; and ,-� (b) That the Board of Selectmen be and hereby are authorized to petition the General Court for an act to accomplish the purposes set forth in the resolution in part(a) of the motion for the Town of Lexington alone. Mr. Chernick summarized requested action. 9:50 p.m. Norman Cohen reported the unanimous support of the Board of Selectmen. 9:50 p.m. Eric Michelson reported the unanimous support of the Appropriation Coinmittee. 9:SOp.m. The Moderator declared the Motion Adopted Unanimously. Paul Chernick moved Article 13 be taken up at this time. Motion Adopted. ARTICLE 13: REMOVAL AND INSTALLATION OF DOUBLE UTILITY POLES - 9:50 p.m. Presented by Paul Chernick. MOTION: That the following resolution be adopted: Town Meeting supports the enactment of legislation sponsored by the Massachusetts Municipal Association(House Docket 2680, filed by Representative Daniel Bosley) which would establish the authority of cities and towns to enforce the provisions of Chapter 164, Section 34B of the General Laws through local ordinances and by-laws establishing a fining procedure when utility companies have not complied with the 90-day time --,, period mandated by state law, and urges its state representatives and senators � in the General Court to actively support such legislation. �,,.�� Paul Chernick explained requested action. 9:52 p.m. Norman Cohen reported the unanimous support of the Board of Selectmen. 9:54 p.m. The Moderator declared the Motion Adopted Unanimously. 9:55 p.m. Selectman Jea,nne Krieger moved the meeting be adjourned until Monday, Apri14, 2005 at 7:30 p.m. at the Cary Memorial Building. Motion Adopted. A true copy. Attest: �� ' � Donna M. Hooper, Town Clerk _ ____ _----- ---_ __ _ _ � __--- ____ . _ _ __ __ ___ _ __ _ , _ . 291 Adjourned Session of the 2005 Annual Town Meeting April 4,2005 The Moderator declaxed the 3`d session of the 2005 annual town meeting to order at 7:30 p.m., Cary Memorial Building. A quorum of 169 members was present. Ellen Basch,pr.l, announced Harrington School Open House - Tuesday, Apri15�'. The Moderator announced upcoming community conversations at the Cary Library. 7:37 p.m. The Moderator declared the meeting in recess. '�""' Representative Jay Kaufinan, Interim School Superintendent William Hurley and Principal � i Michael Jones recognized achievements of 10 Lexington High School students. 7:55 p.m. The Moderator declared the meeting in order. ARTICLE 2: REPORTS OF TOWN BOARDS and COMMITTEES 7:53 p.m. Thomas Harden moved the Report of the Planning Board under Article 2 be accepted and placed on file. Adopted Unanimously. Mr. Harden reported on activities of the Planning Board on the agenda for the year ahead. ba � ARTICLE 10: ZONING BY-LAW,ACCESSORY APARTMENTS ° � � . 8:03 p.m. Presented by Thomas Harden. � � o MOTION: That the Zoning By-Laws of the Town be amended as set forth y � � in the motion attached to the report of the Planning Board and filed with the � " w Town Clerk. � o � MOTION IN PLANNING BOARD REPORT: "� o w �,.. � To see if the Town will vote to amend the Lexington Zoning By-law, as follows: � rt 1. Delete lines 1.13 and 1.22 of§ 135-16 Table 1: ^, � 0 o a RO CB rt Line RS RT RM RD* CN CRS CS CLO CRO CM �°s 1.13 Conversion of one- SP Y Y N Y N N N N N � family dwelling to two- � �"" family dwelling(see� � 135-20 elsewhere in � �_._ this By-Law). �, H 1.22 Accessory apartment in Y Y Y SP Y N N N N N � one family dwelling � (see�135-19 r. elsewhere in this By- � Law). *Subject to a reliminary site develo ment and use lan[see��135-16A and 135-42C(3)J. And insert in their place the following: RO CB Line RS RT RM RD* CN CRS CS CLO CRO CM 1.13 (Reserved). 1.22 Accessory apartment (see § 135-19 elsewhere in this By- Law). By-right Accessory Y N/A Y N/A Y N N N N N Apartment,in � compliance with � _ § 135-19C B. Special Permit SP N/A SP N/A SP N N N N N Accessory Apartment, in compliance with § 135-19D C.Accessory Structure SP SP SP N/A SP N N N N N Aparhnent, in compliance with § 135-19E *Subject to a reliminary site develo ment and use lan [see §§ 135-16A and 135-42C(3)]. 292 2005 Annual Town Meeting,Adjourned Session ofApril 4, 2005 cont... 2. Delete the following definition found in § 135-8: ACCESSORY APARTMENT—A second dwelling unit located within a structure constructed as a detached one-family dwelling, subordinate in size to the principal unit and separated from it in a manner that maintains the appearance of the structure as a single-family house. And insert in its place the following: ACCESSORY APARTMENT -A second dwelling unit subordinate in size to the principal dwelling unit on an owner-occupied lot, located in either the principal dwelling or an existing accessory structure.The aparhnent is constructed so as to mainta.in the appearance and essential character of a �__., one-family dwelling and any existing accessory structures. 3. Replace existing § 135-19 and § 135-20 with the following: '�' § 135-19.Accessory apartments. An accessory apartment is a second dwelling subordinate in size to the principal dwelling unit on an owner-occupied 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: By-right Accessory Apartments, which are perxnitted as of right, and Special Permit Accessory Apartments and Accessory Structure Aparhnents, which may be allowed by a special permit. A. General objectives. The provision of accessory dwelling units in owner-occupied dwellings is intended to: (1) Increase the number of small dwelling units available for rent in the town; (2) Increase the range of choice of housing accommodations; (3) Encourage greater diversity of population with particular attention to young adults and senior citizens; and .--, I (4) Encourage a more economic and energy-efficient use of the town's housing supply while maintaining the appearance and character of the town's single-family neighborhoods. „�,, B. Conditions and requirements applicable to all accessory apartments. (1) General. (a) There shall be no more than two dwelling units in a structure, and no more than two dwelling units on a lot. � (b) There shall be no boarders or lodgers within either dwelling unit. (c) No structure that is not connected to the public water and sanitary sewer systems shall have an accessory apartment. (d) The owner of the properiy on which the accessory apartment is to be created shall occupy one or the other of the dwelling units, except for temporary absences as provided in Subsection(e).For the purposes of this section,the"owner" shall be one or more individuals who constitute a family, who hold title directly or indirectly to the dwelling, and for whom the dwelling is the primary residence. (e) Temporary absence of owner. An owner of a property containing an accessory apartment who is to be absent for a period of less than two years may rent the owner's _ unit as well as the second unit during the temporary absence provided: [1] Written notice thereof shall be made to the Building Commissioner or designee on a form prescribed by him. [2] The owner shall be resident on the property for at least two years prior to and between such temporary absences. (2) Exterior appearance of a dwelling with an accessory apartment. The accessory aparhnent shall be designed so that the appearance of the structure maintains that of a one-family dwelling, subject further to the following conditions and requirements: __ ___ ______ ___ _ __ _ ____ -_ _- _ _ __ __ _ — - __ _ _ ___ 1 -_ 293 2005 Annual Town Meeting,Adjourned Session ofApril4, 2005 cont... (a) All stairways to second or third stories shall be enclosed within the exterior walls of the dwelling. (b) Any new entrance shall be located on the side or in the rear of the dwelling. (c) Where two or more entrances already exist on the front facade of a dwelling, modifications made to any of the entrances shall result in one entrance appearing to be the principal entrance and other entrances appearing to be secondary. (3) Off-street parking. There shall be provided at least two off-street parking spaces for the principal dwelling unit and at least one off-street parking space for the accessory aparhnent. In order to maintain the single-family appearance of the property, all parking spaces on the _ lot shall be subject further to the following conditions and requirements: (a) Each parking space and the driveway leading thereto shall be paved or shall have an all- weather gravel surface. No motor vehicles shall be regularly parked on the premises other than in the parking spaces. (b) No more than two outdoor parking spaces shall be located in the required front yard.All other parking spaces shall be either: [1] Outdoor parking spaces located in a side or rear yard; or [2] In a garage or carport. (c) There shall be no more than four outdoor parking spaces on the lot. (d) No parking space shall be located within the boundary of a street right-of-way. (e) Parking spaces shall be located so that both the principal dwelling unit and the accessory apartment shall have at least one parking space with direct and unimpeded access to the street without passing through a parking space designated to serve the other dwelling unit. ,�.., (fl Where there are more than two outdoor parking spaces, there shall be provided suitable I screening with evergreen or dense deciduous plantings, walls, fence, or a combination thereof in the area between the parking spaces and the nearest side lot line and, if the �" " parking space is in the front yard and parallel to the street, in the area between the parking space and the front lot line. Screening shall be sufficient to minimize the visual impact on abutters and to maintain the single-family appearance of the neighborhood. C. By-right Accessory Apartments shall be permitted so long as the requirements set forth in the Section 135-19B are satisfied and the following criteria in this section are met: (1) The lot area shall be at least 10,000 square feet. (2) The apartment shall be located in the principal structure. (3) The maximum gross floor area of the by-right accessory apartment shall not exceed 1,000 square feet. (4) There shall not be more than two bedrooms in a by-right accessory apartment. (5) There shall be no enlargements or extensions of the dwelling in connection with any 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. (6) 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. D. Special Permit Accessory Apartments. If a property owner cannot satisfy the criteria for By- right Accessory Aparhnents that are set forth in § 135-19C above,the property owner may apply for a Special Permit from the Board of Appeals. The Board of Appeals may grant a special permit for a Special Permit Accessory Aparhnent as provided in § 135-16 Table 1 line 1.22B, subject to the following: (1) The lot area shall contain at least the minimum area required in the district in which it is located,as shown in Table 2 "Schedule of Dimensional Controls". 294 2005 Annual Town Meeting,Adjourned Session ofApril 4, 2005 cont... (2) The m�imum gross floor area of the special permit accessory apartment shall not exceed 40% of the gross floor area of the dwelling, excluding areas of the structure used for parking. (3) The Special Permit Accessory Aparhnent shall be located in the principal structure. (4) A special permit accessory apartment may be created by enlargement or additions to the existing principal structure, or within a newly constructed dwelling,provided that the Board of Appeals determines that: (a) The architectural character of a detached one-family dwelling is maintained; and , (b) The structure is consistent with the typical size of nearby one-family detached dwellings. E. Accessory Structure Apartments. Notwithstanding any provisions of this Zoning By-Law that state an accessory apartment shall be located in a structure constructed as a detached one-family dwelling and the prohibition in § 135-35D against having more than one dwelling on a lot, the Board of Appeals may grant a special permit as provided in §135-16 Table 1 line 1.22C to allow the construction of an accessory apartment in an existing accessory structure which is on the same lot in the RS,RT,RO,RM or CN District as an existing one-family dwelling provided: (1) Lot area is at least 18,000 square feet if in the RS,RT,or CN District, at least 33,000 square feet if in the RO District,and at least 125,000 square feet if in the RM District; (2) The structure containing the accessory structure aparhnent was in legal existence for a minimum of five years and had a minimum of 500 square feet of gross floor area as of five years prior to the time of application; (3) The maximum gross floor area of the Accessory Structure Aparhnent does not exceed 1,000 square feet. An addition to an accessory structure may be permitted, but no addition shall be allowed which increases the gross floor area of the structure to more than 1,000 square feet. The gross floor area for the accessory apartment shall not include floor area used for any other permitted accessory use. The accessory apartment cannot contain floor area that has been designed, intended or used for required off-street parking to serve the principal � dwelling; I J (4) The creation of the accessory apartment shall not reduce the number of e�sting parking spaces in the accessory structure which are designed, intended or used for required off-street parking spaces to serve the principal dwelling; (5) All existing and proposed off-street parking spaces shall comply with the requirements for the location, layout, design and screening of off-street parking spaces set forth in §135-19B (3)and in Article XI of this Zoning By-Law; (6) Not more than one accessory structure on the lot may have an accessory apartment. There shall be not more than two dwelling units on the lot; (7) The accessory apartment shall comply with all building, health and safety codes for a dwelling; (8) The Board of Appeals determines that the exterior appearance of the accessory structure maintains the essential character of the purpose for which it was originally constructed and is compatible with the principal dwelling on the same lot and with other dwellings on adjoining lots. F. Procedures. (1) No accessory apartment shall be constructed without issuance of a building permit by the r Building Commissioner or designee. I � (2) The application for a building or special permit shall be accompanied by: (a) Floor plans, drawn to scale,of the dwelling to be created and the structure where it is to be located; (b) Where exterior changes are proposed, an elevation, or other visual representation,of the facade to be changed sufficient to show the architectural character of the dwelling; (c) An off-street parking plan as described in § 135-63A; and _ _ j _ _ _ _ - _ ___- —-- _ 295 2005 Annual Town Meeting,Adjourned Session ofApril 4, 2005 cont... (d) A filing fee and such further plans and other documenta.tion related to the conditions and requirements of Subsections B, C,D or E as the SPGA, Building Commissioner, or his designee may require. (3) The Building Commissioner or designee shall act on the application within 30 days of receipt. (4) No use as an accessory aparhnent shall be permitted prior to issuance of a certificate of occupancy by the Building Commissioner or designee. A certificate of occupancy shall be issued after the Building Commissioner or designee determines that the accessory aparhnent as constructed is in conformity with the approved plans and with the provisions of this Zoning By-Law. I ~ _ (5) A certificate of occupancy for the accessory unit shall be issued for a period of not greater � � than three years. A certificate of occupancy for an accessory apartment is valid only as long a � as one of the units on the property is occupied by an owner of the property, except as �� provided for in §135-19B(1)(e). A certificate of occupancy for an accessory apartment is �v transferable to a new owner only upon the new owner submitting an affidavit to the Building � ,1 Commissioner certifying owner occupancy of one of the dwelling units on the lot. ;'' "' .. a G. Expansion of pre-existing, nonconforxning two-family dwelling. In accordance with § 135-11, � cn and where consistent with the objectives set forth in Subsection A, the Board of Appeals may °�° b grant a special permit to allow the expansion of a pre-existing, nonconforming two-family rt K dwelling in an RS, RO, RM or CN District provided the proposed expansion complies with the � �c°� conditions and requirements set forth in Subsection D of this § 135-19 to the maximum extent N a practicable. o � o�c � § 135-20 (Reserved). ro � 0 0 4. Delete the last line of 135-16G: � � a�c G. Limit on size of accessory uses.An accessory use shall not occupy more than 25% of the area of � m a lot or more than 25% of the gross floor area on a Zot except that such Zimitation shall not � � apply to off-street parking. An accessory apartment (see � 135-19) may occupy not more than rt � 30%of the floor area of a dwelling. � y � o So that it now reads as follows: N � _ o � o ro G. Limit on size of accessory uses. An accessory use shall not occupy more than 25% of � � the area of a lot or more than 25% of the gross floor area on a lot except that such � limitation shall not apply to off-street parking, or to accessory apartments which will be governed by §135-19 and other applicable provisions hereof. 5. Delete § 135-46G: G. Accessory apartment. An accessory apartment, as described in�135-19 of this By-Law, may be created in a detached, one family dwelling in a residential development with three or more dwelling units. In general the provisions of�135-19A through D of this By-Law shall apply, with the following exceptions: (1) The lot area in a conventional subdivision shall be at least the minimum required by Table 2, Schedule of Dimensional Controls,for the zoning district in which the lot is located. (See also �135-47C which requires a greater lot area for Zarger houses.) The Zot areas in a cluster subdivision, a special residential development or a development with significant public benefit may be such size as the SPGA may approve; (2) The dwelling may be newly constructed and does not need to have been constructed by January 1, 1983; I� (3) The maximum floor area of the accessory apartment shall be:not more than 1,200 square � ... feet, or not more than 30%of the living area of the dwelling, whichever is less. (4) Section 135-19B(2)(b), which prohibits enlargement of existing dwellings, shall not apply. And insert in its place the following: G. Accessory apartment.An accessory apartment, as described in §135-19 of this By-Law, may be created in a detached,one-family dwelling in a residential development with three or more dwelling units. In general,the provisions of§135-19A,B,D and F of this By-Law shall apply, with the following exceptions: 296 2005 Annual Town Meeting,Adjourned Session ofApril 4, 2005 cont... (1) The lot area in a conventional subdivision shall be at least the minimum required by Table 2, Schedule of Dimension Controls,for the zoning district in which the lot is located. (See also §135-47C which requires a greater lot area for larger houses.)The lot area in a cluster subdivision,a special residential development or a development with significant public benefit may be such size as the SPGA may approve; (2) The dwelling may be newly constructed; (3) The ma�cimum floor area of the accessory apartment shall be:not more than 1,200 square feet, or not more than 30%of the living area of the dwelling,whichever is less; and .--, (4) Section 135-19C(5),which prohibits enlargement of existing dwellings, shall not apply. END OF MOTION 8:03 p.m. Thomas Harden moved the report of the Planning Board on Article 10 be accepted and placed on file. Motion Adopted Unanimously. Mr. Harden explained requested action on accessory apartments. 8:08 p.m. Planning Director Maryann McCa11-Taylor reviewed the motion. 8:19 p.m. Anthony Galaitsis moved the minority report of the Planning Board be Accepted and Placed on File. Motion Adopted Unanimously. Mr. Galaitsis reported. 8:20 p.m. After a question on unbundling the motion, a brief recess for the Planning Board to confer,the Moderator declared the question not to be unbundled. 8:27 p.m. Hank Manz reported the unanimous support of the Board of Selectmen. 8:28 p.m. David Williams,pr.5,reported the enthusiastic support of the Housing Partnership Board. 8:28 p.m. Members questioned the inventory of accessory apartments and enforcement of current bylaws, absentee landlords and curb cut issues. Thomas Harden responded. �� 8:33 p.m. David Kaufman,pr.6, spoke in support and of need to address issue identified . by Mr. Galaitsis. 8:34 p.m. Members questioned owner interest, impact of proposed change on accessory apartments and on tax base, and setback requirement. Mr. Harden responded. 8:46 p.m. The Planning Board was questioned on Mr. Galaitsis' proposal. Planning Board members Charles Hornig and Wendy Manz explained their positions. Richard Canale reported he supports passage of the article. 8:50 p.m. Thomas Griffiths reported the School Committee has taken no position. 8:50 p.m. Jonathan Himmel,pr.6, questioned consistency with the neighborhood and financial viability of mansions with accessory aparhnents. Thomas Harden explained. 8:54 p.m. John Hayward,pr.5, called the question. Following a voice vote,the Moderator ruled the Motion Not Adopted. 8:55 p.m. Members spoke in support and in opposition. 9:00 p.m. Robert Whitman,pr.3, moved the question. Motion Adopted �,, Mr. Harden summarized requested action. � 9:01 p.m. Following a standing vote on Article 10,tallied as follows: � Precinct Yes No 1 6 12 2 10 8 3 15 6 4 12 3 5 9 6 6 14 6 7 13 4 8 12 2 9 12 3 AL 10 5 TOTAL 113 55 ___ ___ __ _ _ _. __ __ _ _ _ ___ _ _---- ___ - --- __ __ _ __ __ � __ 297 2005 Annual Town Meeting,Adjourned Session ofApril 4, 2005 cont... 9:01 p.m. The Moderator declared, with more than the necessary two-thirds vote, Motion Adopted by a vote of 113 in favor and 55 opposed. George Burnell, Capital Expenditures Committee, served notice of reconsideration on Article 10. ARTICLE 11: AMENDMENT OF SELECTMEN-TOWN MANAGER ACT , 9:08 p.m. Presented by Sam Silverman,pr.5. The Moderator informed members the article will be voted in two parts - (a) and(b), but to be discussed as one. MOTION: That the Board of Selectmen be and hereby are authorized to petition the -- General Court for an Act to amend the Lexington Selectmen-Town Manager Act, Chapter 753 of the Acts of 1968, as amended by Chapter 284 of the Acts of 1976 and Chapter 120 of the Acts of 1985, in the following manner: (a)(1) insert in Section 2(e)the words "assistant town manager" immediately following the words "shall appoint", so that the opening of the first sentence of this sub-section shall read as follows: The town manager sha11 appoint an assistant town manager, a town clerk, . . (2) insert in Section 2 a new sub-section, i,to read as follows: In the event of a vacancy occurring in the office of town manager, or suspension of the town manager, the assistant town manager sha11 immediately assume the duties of the office of acting town manager, and serve until a new town manager has been appointed and entered upon the duties of the office. (3) delete in Section 6 the last sentence. (b)(1) insert in the first sentence of Section 5 the words "by a majority of four (4) or more"immediately following the words "The Selectmen shall appoint". (2) delete in the first sentence of Section 7 the words"a majority"following the words "by the affirmative vote of at least", and insert instead the words � "four(4)", so that the phrase will read"by the affirmative vote of at least four (4) of the full membership of the boaxd." 9:16 p.m. Norman Cohen reported the unanimous opposition of the Board of Selectmen. 9:18 p.m. Scott Burson reported the unanimous opposition of the School Committee. 9:19 p.m. Albert Zabin,pr.l, spoke in opposition 9:20 p.m. Dawn McKenna,pr.6,moved the following amendment: AMENDMENT: Article 11 be amended to include the following: "Provided,however, the Selectmen shall include a provision in such petition to the General Court that would require approval of the amendment by a majority of the voters at the next town-wide election." So that the motion would read as follows: "That the Board of Selectmen be and hereby are authorized to petition the General Court for an Act to amend the Lexington Selectmen-Town Manager Act, Chapter 753 of the Acts of 1968, as amended by Chapter 284 of the Acts of 1976 and Chapter 120 of the Acts of 1985, in the following manner, provided, however,the Selectmen shall include a provision in such petition to the General Court that would require approval of the amendment by a majority of the voters at the next town-wide election:....." 9:22 p.m. Hank Ma.nz reported the support of the Board of Selectmen on a vote of 3 in favor and 2 opposed. 9:26 p.m. The Moderator declared the Amendment Not Adopted. 9:26 p.m. The Moderator declared the Motion on Article 1 l, part(a)Not Adopted. 9:29 p.m. Norman Cohen reported the opposition of the Board of Selectmen on a vote of 4 opposed-1 in favor to Mr. Silverman's motion under Article 11,part(b). 9:30 p.m. Scott Burson reported the School Committee's unanimous opposition to Mr. Silverman's motion under Article 1 l,part(b). 9:31 p.m. The Moderator declared the Motion on Article 11, part(b)Not Adopted. 298 2005 Annual Town Meeting,Adjourned Session of April 4, 2005 cont... ARTICLE 12: AMEND SELECTMEN-TOWN MANAGER ACT TO ALLOW RECALL OF TOWN-WIDE ELECTED OFFICIALS 9:31 p.m. Presented by Richard Neumeier, pr.3. MOTION: That the Board of Selectmen be and hereby are authorized to petition the General Court for an Act to amend the Lexington Selectmen- Town Manager Act, Chapter 753 of the Acts of 1968 as amended by Chapter 284 of the Acts of 1976 and Chapter 120 of the Acts of 1985, to provide for recall of town-wide elected officials, except for the moderator, in limited circumstances, in the following manner: An Act Providing Accountability for Town-Wide Elected Officials of Lexington Chapter of the Acts of 2005 Be it enacted by the Senate and House of Representatives in the General Court assembled,by the authority of the same, as follows: The Lexington Selectmen-Town Manager Act, Chapter 753 of the Acts of 1968, as amended by Chapter 284 of the Acts of 1976 and Chapter 120 of the Acts of 1985, is hereby amended by adding after Section 1 the following: SECTION 1 A. Recall of Town-Wide Elected Officials. (1) Except for the Moderator town-wide elected officials in the town of Lexington may be recalled as herein provided. (2)(a) Special Town Meeting. Registered voters of Lexington may request a special town meeting to determine whether a town-wide elected official ought to be recalled. The registered voters shall identify the official and state the grounds for recall. Such special town meeting will determine by majority vote whether there shall be an election to recall the official identified. The Town Clerk shall within three days of a special town meeting approval of such a recall give written notice to the official � sought to be recalled and to the Boaxd of Selectmen. ,J (2)(b) Citizen Recall. In the alternative twenty registered voters may file an affidavit with the Town Clerk identifying the official sought to be recalled and stating the grounds for recall. The Town Clerk sha11 deliver to such voters copies of printed form petition blanks addressed to the Board of Selectmen demanding the recall. The blanks shall be issued under the signature and official seal of the Town Clerk. They shall be dated and contain the names of all persons to whom they axe issued,the name of the person whose recall is sought, and the grounds of recall as stated in the affidavit. The recall petition shall be returned and filed with the Town Clerk within 20 days of receipt of the petition blanks with signatures, names, and street addresses of at least 20 per cent of the registered voters of the town within 24 hours. The Town Clerk shall submit the petition to the registrars of voters in the town. The registrars shall as soon as possible but in no event no later than seven days certify thereon the number of signatures which are names of registered voters of the town. If the petition shall be certified by the registrars to be sufficient, it shall be submitted with their certificate to the official and the Board of Selectmen without delay. (3) If the official does not resign within five days of receipt either of the notice from special town meeting pursuant to (2)(a) or the certificate pursuant to (2)(b),the Boaxd of Selectmen sha11 forthwith order a special election to be held on a date fixed by them not less than 64 nor more than 80 days after receipt of the notice from Special Town Meeting or the registrars' certificate,provided however that if any other town election is scheduled to occur within 100 days after the date of the notice of the certificate,the Board of Selectmen sha11 postpone the holding of the recall election to the date of such other election. (4) Ballots for recall. Ballots used in a recall election sha11 submit the following proposition: Shall (the name and title of official)be recalled? Yes— No— __-- __ _ _ --- _ _ _ _ � . _. _ _ _ _ __ - ----- - - _ __ 299 2005 Annual Town Meeting,Adjourned Session ofApril 4, 2005 cont... . If a majority of the votes cast upon the question of recall is in the affirmative, such elected officer shall be recalled. An official who is recalled may be a candidate to succeed himself or herself in any election(or other applicable procedure)required to fill such vacancy. (5) The incumbent shall continue to perform the duties of the office until the recall election. If the incumbent is not recalled,the incumbent shall continue in office for the remainder of the unexpired term, subject to recall as before, except as otherwise provided in this section. If recalled,the official sha11 be deemed removed and the office vacant. The vacancy created thereby shall be filled in accordance with the Selectmen-Town Manager Act(Chapter 753 of the Acts of 1968, as amended) and with Chapter 41 of the General Laws. (6) Limitations. Notwithstanding any other provision of Section lA, no special town meeting shall be called, nor sha11 any petition be received and certified by the Town Clerk,to recall an official within five months after the official takes office, nor, in the case of an official subject to recall election and not removed thereby, until five months after such recall election,nor during the last ten months of the official's term. Members commented on Mr.Neumeier's statements. 9:45 p.m. Jeanne Krieger reported unanimous opposition of the Board of Selectmen. 9:48 p.m. Scott Burson reported unanimous opposition of the School Committee. 9:49 p.m. Thomas Harden reported unanimous opposition of the Planning Board. 9:50 p.m. Dawn McKenna,pr.6,moved the following amendment: AMENDMENT: Article 12 be amended to include the following: "Provided,however,the Board of Selectmen shall include a provision in such petition to the General Court that would require approval of the amendment by a majority of the voters at the next town-wide election." So that the motion would read as follows: "That the Board of Selectmen be and hereby axe authorized to petition the General Court for an Act to amend the Lexington Selectmen-Town Manager Act, Chapter 753 of the Acts of 1968, as amended by Chapter 284 of the Acts of 1976 and Chapter 120 of the Acts of 1985,to provide for recall of town- wide elected officials, except for the moderator, in limited circumstances, in the following manner,provided,however,the Selectmen shall include a provision in such petition to the General Court that would require approval of the amendment by a majority of the voters at the next town-wide election:......." 9:52 p.m. Amendment Not Adopted. 9:53 p.m. Members spoke in opposition and questioned current means by which an elected official may be removed if found guilty of criminal acts. 9:57 p.m. John Hayward,pr.5, moved the question. Motion Adopted. 9:57 p.m. Richard Neumeier suxnmarized requested action. 9:58 p.m. The Moderator declared the Motion Not Adopted. ARTICLE 15: PROPERTY TAX EXEMPTIONS 9:58 p.m. Presented by Victoria Blier,pr.9. MOTION: (a) That the Town hereby accepts Chapter 59, Section 5, Clause 41D of the General Laws relating to annual increases for approved exemptions; and (b) That the Board of Selectmen be and they hereby are authorized to petition the General Court for an act in substantially the following form: AN ACT RELATIVE TO A CERTAIN REAL PROPERTY TAX EXEMPTION IN THE TOWN OF LEXINGTON. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: SECTION 1. Notwithstanding the proviso in the last sentence of clause (2) of the first paragraph of clause Forty-first A of section 5 of chapter 59 of the General Laws,the town of Lexington may,by vote of its Town Meeting, adopt a higher maximum qualifying gross receipts amount for the purposes of 300 2005 Annual Town Meeting,Adjozrrned Session ofApril 4, 2005 cont... that clause, if such maximum qualifying gross receipts amount shall not exceed $50,000. SECTION 2. Notwithstanding the computation of interest at the rate of 8 percent per annum set forth in clause (1) of the third paragraph of clause Forty-first A of section 5 of chapter 59 of the General Laws,the interest rate applicable to the town of Lexington for the purposes of that clause shall be the monthly 2-year constant maturity treasury rate for the month of July of the applicable fiscal year as published by the Federal Reserve. SECTION 3. This act shall take effect on July 1, 2005. 10:03 p.m. Richard Pagett reported unanimous support of the Board of Selectmen. 10:04 p.m. John Bartenstein reported unanimous support of the Appropriation Committee. 10:06 p.m. The Moderator declared the Motion Adopted Unanimously. 10:06 p.m. James Wood,pr.7,moved articles 16 & 18 be taken up together and voted .a o separately. Motion Adopted. ao 0 G N ; ., ARTICLE 16: AMEND TREE BY-LAW � � 10:07 p.m. Presented by James Wood,pr. 7. � MOTION: � � That CHAPTER 120 TREES of the Code of the Town of Lexington,the Tree � � Bylaw,be amended as follows: a � � � � That the words "Contribution into the Selectmen's Tree Gift Account"be o r� ,r, deleted in Subsection(2) under"C. Mitigation" of 120-8 Protected Trees, and � o o be replaced with the words "Contribution into the Lexington Tree Fund, � H provided such fund is annually reauthorized, or otherwise to the surplus ,.� � � revenue of the Town". � � U N +i r� � � � That the words "Contribution into the Selectmen's Tree Gift Account"be b �,� deleted in Section 120-14 Funds, and be replaced with the words ,....., � � b "Contribution into the Lexington Tree Fund,provided such fund is annually ao � reauthorized, or otherwise to the surplus revenue of the Town". a. .0 o � � a 10:08 p.m. John Frey, 1133 Massachusetts Ave., Tree Committee Chairman, explained requested action. 10:11 p.m. Hank Manz reported unanimous support of the Board of Selectmen. 10:12 p.m. The Moderator declared the Motion Adopted. ARTICLE 18: TREE REVOLVING FUND 10:12 p.m. Presented by James Wood, pr.7. MOTION: That a revolving fund be established,under section 53E1/2 of Chapter 44 of the Massachusetts General Laws, entitled the Lexington Tree Fund,to receive certain revenues from contributions, and from mitigation contributions under the Town Tree By-Law,to fund the planting and care of trees; and that up to $75,000 of such Fund,to be funded by the receipts of $75,000 in anticipated revenues,may be expended for tree planting, transplanting,maintenance and other tree-related needs, as approved by the Board of Selectmen,pursuant to requests from the Tree Warden with input from the Tree Committee. � 10:13 p.m. Hank Manz reported unanimous support of the Board of Selectmen. � 10:14 p.m. Richard Eurich reported the unanimous support of the Appropriation Committee 10:14 p.m. The Moderator declared the Motion Adopted Unanimously. ARTICLE 17: TREE PLANTING AND MAINTENANCE 10:14 p.m. Presented by James Wood,pr.7. MOTION: That the sum of$15,000 be appropriated for the planting and maintenance of trees on Town owned land, and to meet this appropriation, $15,000 be raised in the tax levy. __ ---- ------ ---- -_ _ ___ 1 _ __ _ 301 - 2005 Annual Town Meeting,Adjourned Session ofApril 4, 2005 cont... 10:14 p.m. John Frey, 1133 Massachusetts Ave., Tree Committee Chairman, explained requested action. 10:18 p.m. Karen Milligan, 116 Concord Ave, further explained requested action. 10:28 p.m. James Wood,pr. 7, summarized and requested support. 10:29 p.m. Richard Eurich reported the Appropriation Committee (8 in opposition-1 in support) does not support the motion, with opinion the request should be included as a line item in the Public Works Department's annual budget. 10:30 p.m. Joyce Miller,pr.7, spoke in favor of trees and supported the motion. 10:32 p.m. Nancy Bryant, pr.3, spoke in support. - 10:33 p.m. Ephraim Weiss,pr.5, questioned funding for trees in the budget process. Selectman Jeanne Krieger responded. 10:34 p.m. Paul Lapointe,pr.2, questioned Article 18 funding and funds anticipated in future years. Tree Warden David Pinsonnealt responded. 10:35 p.m. Judith Uhrig,pr.4, questioned funds collected from enforcement of the tree bylaw. Hank Manz explained funds were not yet legal to be collected. 10:37 p.m. Paul Lapointe,pr.2, spoke against the motion, and in support of including funds in the Public Works budget. 10:38 p.m. Albert Zabin,pr.l, spoke in support. 10:39 p.m. Dan Fenn,pr.3, questioned funding levels. 10:40 p.m. Selectman Richard Pagett reported on competing budget demands. 10:43 p.m. Peter Enrich,pr.4, spoke in opposition and discouraged appointed committees from requesting funding through separate articles. 10:44 p.m. Narain Bhatia,pr.9, spoke in support. 10:45 p.m. Sheldon Spector, pr.6,moved the question. Motion Adopted � 10:46 p.m. James Wood,pr.7, summarized requested action. 10:46 p.m. Following a standing vote on Article 17,tallied as follows: Precinct Yes No 1 5 10 2 4 9 3 12 8 4 7 5 5 5 7 6 10 8 7 7 8 8 3 7 9 8 6 AL 3 11 TOTAL 64 79 10:50 p.m. The Moderator declared, with a vote of 64 in favor and 79 opposed, Motion Not Adopted. James Wood,pr.7, served notice of reconsideration on Article 17. 10:51 p.m. Selectman Jeanne Krieger moved the meeting be adjourned until Wednesday, Apri16, 2005 at 7:30 p.m., Cary Memorial Building. Motion Adopted. A true copy. r W Attest: ��/�� Donna M. Hooper, Town Clerk 302 Adjourned Session of the 2005 Annual Town Meeting Apri16,2005 The Moderator called the 4�' session of the 2005 annual town meeting to order at 7:30 p.m., Cary Memorial Building. A quorum of 167 members was present. ARTICLE 2: REPORTS OF TOWN BOARDS AND COMMITTEES 7:33 p.m. Report of the 2020 Vision Taskforce -Marian Cohen moved the Report of the 2020 be accepted and placed on file. Motion Adopted Unanimously. Marian Cohen, followed by Susan Elberger,presented reports. 7:41 p.m. The Report of the Taskforce on Budget Process and Community was presented by Robert Wright and Mollie Garber. 7:49 p.m. Selectman Jeanne Krieger moved the Report of the Town Manager be Accepted and Placed on File. Motion Adopted Unanimously. Acting Town Manager Linda Crew Vine reported. 7:57 p.m. Selectman Jeanne Krieger reported Moody's had lifted the negative outlook on Lexington's Aaa bond rating. 7:58 p.m. Frank Sandy,pr.5, questioned the Acting Town Manager on use of funds from the overlay surplus and the placing of NESWC funds into the stabilization fund. Ms. Vine responded. 8:00 p.m. Janet Perry,pr.9; stated a point of personal privilege and commended Linda Vine on a great job as Acting Town Manager during these difficult times. The members applauded Ms. Vine. 8:00 p.m. Chairman Alan Levine moved the Report of the Appropriation Committee be accepted and placed on file. Motion Adopted Unanimously. Mr. Levine presented his report. Sam Silverman, pr.5, questioned the Committee on scheduling future overrides. Mr. Levine responded. 8:21 p.m. Chairman George Burnell moved the 2005 Capital Expenditures Committee Report be accepted and placed on file. Motion Adopted Unanimously. Mr. Burnell presented his report. 8:37 p.m. Chairman Sandra Shaw moved the Report of the Recreation Committee be accepted and placed on file. Motion Adopted Unanimously. Ms. Shaw presented her report. ARTICLE 19: CONSERVATION LAND TRANSFER 8:42 p.m. Presented by Joyce Miller,pr.7. MOTION: That the care, custody,management and control of the municipal property listed below be transferred to the Conservation Commission for conservation and recreation purposes as provided by Section 8C of Chapter 40 of the General Laws, as amended: North Street land- Map 68 --Parce145 (approximately 2.8 acres); and North Street land-Map 69 -Parcel 99 (approximately 21.5 acres). The Moderator explained the article will be discussed as one but voted as parts (a)Map 68-Parcel 45; (b)Map 69-Parcel 99. 8:58 p.m. Joyce Miller explained requested action, showed a movie on North St properties, and closed by reading a letter from former Planning Board Member Karl Kastorf. 8:59 p.m. Wendy Manz reported the majority of the Planning Board opposes placing the property in conservation this year. 9:01 p.m. Peter Kelley reported the majority of the Board of Selectmen supports this article. 9:04 p.m. Selectman Richard Pagett reported his opposition to parts (a) and(b). 9:05 p.m. Shirley Stolz reported the Capital Expenditures Committee supports part(a) by a vote of 4-1 and part(b) by a vote of 5-0. __ _ _ _--- - --------- _ _ _ _ � _ __ --__ _ __ __ _ _ __ _ . _ --- ----___------_ 303� 2005 Annual Town Meeting,Adjourned Session ofApril 6, 2005 . 9:09 p.m. Marian Cohen reported the Council on Aging opposes the transfer of the properties to conservation and requests the property remain as a possible Senior Center option. 9:12 p.m. Marshall Derby, Lexington Housing Assistance Board, spoke in opposition to the transfer of the property to Conservation this year. 9:18 p.m. Sandra Shaw reported the Recreation Committee unanimously opposes Article 19,parts (a) and(b). 9:19 p.m. Richard Wolk, Lexington Housing Partnership Board, spoke in opposition. 9:20 p.m. John Frey reported the support of a majority of the Tree Committee. 9:24 p.m. David Williams,member of the Conservation Commission's Land Acquisition Planning Subcommittee, spoke in support. 9:26 p.m. John Rosenberg,pr.4, questioned the movie shown as part of the presentation. Moderator Margery Battin and Conservation Commission Chairman Joyce Miller responded. 9:30 p.m. Anne Frymer,pr.8, questioned houses currently built on North Street. Maxshall Derby responded. 9:31 p.m. Members spoke in favor and in opposition to parts (a) and (b). 10:00 p.m. Nyles Barnert,pr.4, questioned recreation master plan and possible use of property for recreation projects. Recreation Director Karen Simmons responded. 10:04 p.m. Members and residents spoke further in support and in opposition. 10:15 p.m. Judith Uhrig,pr. 4,moved the question. Motion Adopted. 10:15 p.m. Ephraim Weiss,pr.5, commented and Joyce Miller summarized requested action. 10:22 p.m. Following a standing vote on Article 19 (a),tallied as follows: Precinct Yes No 1 8 7 - 2 8 11 3 12 6 4 13 4 5 13 6 6 14 4 7 7 9 8 6 6 9 6 10 AL 11 5 TOTAL 98 68 10:22 p.m. The Moderator declared, with more than the required majority vote, Article 19 (a) Motion Adopted by a vote of 98 in favor and 68 opposed. 10:23 p.m. Following a standing vote on Article 19 (b),tallied as follows: Precinct Yes No 1 8 7 2 9 10 3 13 5 4 15 2 5 14 5 6 13 5 7 10 6 8 6 6 9 8 8 -,- AL 15 1 TOTAL 111 55 10:30 p.m. The Moderator declared, with more than the required two-thirds vote,the Motion under Article 19 (b)Adopted by a vote of 111 in favor and 55 opposed. 10:31 p.m. Capital Expenditures Committee member Shirley Stolz served notice of reconsideration on Article 19,part(a) and part(b). 304 2005 Annual Town Meeting,Adjourned Session ofApril6, 2005 ARTICLE 20: ACQUISITION OF FORMER MIDDLESEX COUNTY HOSPITAL LAND 10:32 p.m. Presented by Selectman Jeanne Krieger. MOTION: That this article be indefinitely postponed. 10:33 p.m. Motion Adopted Unanimously. 10:33 p.m. Selectman Jeanne Krieger moved Articles 32F, 23, 30, and 29, in that order, be postponed until after Article 37. 10:34 p.m. Motion Adopted Unanimously. r ARTICLE 24: WATER DISTRIBUTION IMPROVEMENTS � 10:34 p.m. Presented by Selectman Peter Kelley. `�' MOTION: That this article be indefinitely postponed. 10:34 p.m. Motion Adopted Unanimously. ARTICLE 25: SANITARY SEWER IMPROVEMENTS 10:36 p.m. Presented by Selectman Peter Kelley. MOTION: That this article be indefinitely postponed. 10:36 p.m. Motion Adopted Unanimously. 10:37 p.m. Selectman Jeanne Krieger moved the meeting be adjourned until Monday, April 11, 2005 at 7:30 p.m., Cary Memorial Building. Motion Adopted. A true copy. Attest: �� / Donna M. Hooper, Town Clerk ( �--a _ _ _ _ __ _ -- -_ _ _ __ � _ --_ _ _ _ _ _ ____ _ — __ _ -- - _ , _ � 05. Adjourned session of the 2005 Annual Town Meeting April ll,2005 Moderator Margery M. Battin called the 5�'session of the 2005 Annual Town Meeting to order at 7:30 p.m., Cary Memorial Building. A quorum of 163 members was present. 7:35 p.m. The Moderator declared a recess for School Department introductions and awards. Incoming Superintendent Paul Ash spoke to the members. Recipients of the Michael Wagner Technology Award and the Sharon Wong Chen and Sara Harrington Diversity Award were recognized. David Colaruso, LHS Science Teacher received the Wagner Technology Ward, with Pamela Houlares, Clarke Middle School Principal and Kathy Reynolds,Diamond Middle School Teacher, co-recipients of the Diversity Award. 7:50 p.m. The Moderator called the meeting to order and outlined the article order for the evening -Article 26, 27; 28, 31, 32, 33, 34, 35, 36, 37. ARTICLE 26: PLAYGROUNDS AND RECREATION FACILITIES IMPROVEMENTS 7:52 p.m. Presented by Sandra Shaw,pr.4. MOTION: That the sum of$65,000 be appropriated to make playground and recreation facility improvements at Rindge Playground and the Center Recreation Complex; and that to meet this appropriation, $30,000 shall be transferred from the Recreation Enterprise Fund, and the Treasurer with the approval of the Board of Selectmen is authorized to borrow$35,000 under G.L. c.44, §7(25), or any other enabling authority. 7:52 p.m. Recreation Committee member ponald Chisholm explained requested action. 7:58 p.m. Peter Kelley reported the support of the Board of Selectmen. 7:59 p.m. Shirley Stolz reported the support of the Capital Expenditures Committee. 8:00 p.m. Rod Cole reported the unanimous support of the Appropriation Committee. 8:01 p.m. Thomas Crriffiths reported the unanimous support of the School Committee. 8:02 p.m. Ephraim Weiss,pr.5, questioned eligibility for Community Preservation Act funding. Selectman Norman Cohen responded. 8:04 p.m. Sam Berman,pr3, questioned borrowing funds. Capital Expenditures � Committee Chairman George Burnell explained the borrowing approach. 8:05 p.m. Members spoke in support and in opposition. 8:08 p.m. George Burnell, Capital Expenditures Committee, explained the budget inclusion process. 8:08 p.m. Bonnie Brodner,pr.3, questioned options if not passed. Donald Chisholm responded. 8:08 p.m. The Moderator declared the Motion Adopted Unanimously. 8:10 p.m. Capital Expenditures Committee Chairman George Burnell served notice of reconsideration on Article 26. ARTICLE 27: LINCOLN PARK FACILITY 8:10 p.m. Presented by Sandra Shaw,pr.4. MOTION: That this article be indefinitely postponed. 8:10 p.m. Motion Adopted Unanimously. ARTICLE 28: PINE MEADOWS IMPROVEMENT 8:11 p.m. Presented by Sandra Shaw,pr.4. _�� MOTION: That a sum of$50,000 be appropriated to complete a hydrology study to address drainage issues at Pine Meadows Golf Club; and to that meet this appropriation, $50,000 shall be transferred from the Recreation Enterprise Fund. 8:12 p.m. Recreation Committee member ponald Chisholm explained requested action. 8:20 p.m. Peter Kelley reported the unanimous support of the Board of Selectmen. 8:21 p.m. Shirley Stolz reported the unanimous support of the Capital Expenditures Committee. 8:22 p.m. Rod Cole reported Appropriation Committee support on a vote of 8-1. 306 2005Annual Town Meeting,Adjourned Session ofApril I1, 2005 8:23 p.m. Ephraim Weiss,pr.5, question the economics of the Enterprise fund and eligibility for Community Preservation Act funding. Donald Chisholm and Town Counsel William Lahey responded. 8:27 p.m. Selectman Norman Cohen moved the following technical amendment: AMENDMENT: That the words `and to that meet' be changed to `and that to meet'. Motion Adopted Unanimously. 8:28 p.m. Motion, as amended, Adopted Unanimously. 8:28 p.m. Shirley Stolz;pr.8, served notice of reconsideration of Article 28. 8:29 p.m. Thomas Griffiths,pr.7, moved action on Article 31 be postponed until after Article 30. Motion Adopted Unanimously. ARTICLE 32: CAPITAL PROJECTS AND EQUIPMENT 8:30 p.m. Presented by Selectman Peter Kelley. MOTION: That the following amounts be appropriated for the following capital improvements and that each amount be raised as indicated: (a) Building Envelope (Remodeling,Reconstruction and Extraordinary Repairs to various Town Buildings) - $150,000 and that$50,000 be raised in the tax levy and the Treasurer with the approval of the Board of Selectmen is authorized to borrow$100,000 under G.L. c. 44, §7(3A) or any other enabling authority; (b) Street Reconstruction and Related Improvements - $960,000 and that $500,000 be raised in the tax levy; and in addition the Selectmen are authorized to accept highway funds from all sources including$460,000 allocated under Chapter 90 of the General Laws, and the Treasurer with the approval of the Selectmen is authorized to issue Highway Reimbursement Notes under G.L. c.44 §6 as amended; (c) Tr�c Signal Improvements- $100,000 and that the Treasurer with the approval of the Board of Selectmen is authorized to borrow$100,000 under G.L. c.44, §7(14) or any other enabling authority. � (d) Sidewalk Reconstruction- $50,000 and that the Treasurer with the approval of the Boaxd of Selectmen is authorized to borrow$50,000 under G.L. c.44, §7(6) or any other enabling authority; (e) Purchase of DPW Equipment- $485,000 and that the Treasurer with the approval of the Board of Selectmen is authorized to borrow$485,000 under G.L. c.44, §7(9) or any other enabling authority; (� Design new DPW Facility at 201 Bedford Street- $720,000 and that the Treasurer with the approval of the Board of Selectmen is authorized to borrow $720,000 under G.L. c.44, §7(21) or any other enabling authority; (g) Purchase of Fire Rescue Vehicle - $165,000 and that the Treasurer with the approval of the Board of Selectmen is authorized to borrow$165,000 under G.L. c.44, §7(9) or any other enabling authority. (h) Siudy of Public Safety Communications - $50,000 and that$50,000 be raised in the tax levy. The Moderator read parts (a) - (h). 8:31 p.m. Peter Kelley explained part(a) and reported the Board of Selectmen's unanimous support for part(a). 8:32 p.m. Ted Edson reported the support of the Capita.l Expenditures Committee. 8:33 p.m. Alan Levine reported the unanimous support of the Appropriation Committee. 8:33 p.m. Victoria Buckley, Commission on Disability Chairman, reported the Commission supports installation of a ramp and door with window at Cary Hall. � 8:39 p.m. Peter Kelley explained part(b) and reported the Boaxd of Selectmen's unanimous support for(b). Ted Edson reported the unanimous support of the Capital Expenditures Committee. Alan Levine reported unanimous support of the Appropriation Committee. 8:41 p.m. Discussion on installation of windows in Cary Hall doors, and role of Historic Districts Commission, ensued. Further discussion ensued on(b) street resurfacing 8:53 p.m. Town Engineer Peter Chalpin explained a window in the doors is not required to meet ADA compliance. The door with window issue was discussed further among the members. -- _ _ __ - __ _ _ _ ___ _. _ _ __ _._ _ __ __ _____ _-- -------- I- 307 2005 Annual Town Meeting,Adjourned Session ofApril 11, 2005 8:58 p.m. Peter Kelley explained tr�c improvements requested in part(c ) and reported unanimous support of the Board of Selectmen for the Lowell StlMaple St intersection, and 4-1 supporting the Concord Ave/Waltham St intersection. 9:00 p.m. Thomas Griffiths reported the unanimous support of the School Committee for the Lowell St/Maple St intersection. 9:00 p.m. Ted Edson reported the Capital Expenditures Committee strongly supports the Lowell StlMaple St upgrade but not the Concord Ave/Waltham St upgrade. 9:01 p.m. Alan Levine reported the Appropriation Committee fully supports Capital Expenditures Committee colleagues on part(c) for the Lowell St/Maple St intersection and disapproval for the $25,000 for Waltham St/Concord Ave. � 9:02 p.m. Charles Lamb,pr.4, moved Article 32 (c)be changed to read as follows: 4--.-- AMENDMENT: (c) Traffic signal Improvements - $75,000 and that the Treasurer with the approval of the Board of Selectmen is authorized to borrow$75,000 under G.L. c. 44, sec. 7 (14) or any other enabling authority. 9:04 p.m. Gloria Holland,pr.3, spoke against the amendment and in favor of the main motion for part(c). 9:05 p.m. Frank Sandy, pr.6, questioned the amendment and future development at the Metropolitan State Hospital property. Selectman Jeanne Krieger provided an update on the Met. State Hospital project and reported a majority of the Board of Selectmen supports the proposed upgrade at the Concord Ave/Waltham St intersection. 9:08 p.m. Members spoke in favor and in opposition, on accidents at the intersection, and mitigation funding availability from the Met. State Hospital project. 9:14 p.m. Paul Hamburger,pr.5, questioned the Capital Expenditures Committee if any discussion has changed the committee's opinion. Ted Edson reported no changes. 9:15 p.m. Eric Michelson,pr.l, spoke in support of the amendment and of the need to wait for development at the Metropolitan State Hospital property. 9:15 p.m. Nancy Cannalonga,pr.3, spoke in opposition to the amendment. 9:17 p.m. Robert Rotberg,pr.3, questioned Public Works Director William Hadley on the funds to complete the project. Director Hadley responded. . 9:18 p.m. The Moderator declared the Article 32 (c)Amendment Not Adopted. 9:19 p.m. Joel Adler,pr.l, commented on traffic impact at the Harrington School complex at Lowell and Maple Streets. 9:19 p.m. George Burnell reported the $Z5,000 needed to cover the costs for the lights is not recommended by the Capital Expenditures Committee. 9:20 p.m. Peter Kelley explained requested action under part(d) for sidewalk construction. Ted Edson reported a maj ority(4-1) of the Capital Expenditures Committee supports the sidewalk construction in part(d). Alan Levine reported a majority of the Appropriation Committee (5-3) supports part(d). 9:23 p.m. Peter Kelley explained equipment requested in part(e) and reported the unanimous support of the Board of Selectmen. 9:30 p.m. Patrick Mehr,pr.3, commented on the disagreement between the Capital Expenditures Committee and the Board of Selectmen regarding the Waltham St/Concord � Ave traffic signal request. Selectman Jeanne Krieger reported the Board of Selectmen's ___ commitment to prioritize intersection upgrades. 9:32 p.m. Charles Lamb referenced the report of the Capital Expenditures Committee. 9:33 p.m. Trisha Perez Kennealy,pr.6, questioned the Capital Expenditures Committee on borrowing an additional $25,000. Charles Lamb suinmarized. 9:34 p.m. Joel Adler,pr:l, questioned previous equipment requests. DPW Director William Hadley explained the sidewalk clearing machinery. 308 2005 Annual Town Meeting,Adjourned Session ofApril 11, 2005 9:36 p.m. Part(e) - Ted Edson reported the Capital Expenditures Committee unanimously supports part(e). Alan Levine reported the Appropriation Committee unanimously supports part(e). 9:37 p.m. Alan Lazarus,pr.6, questioned part(d) and the $25,000 shortage. Alan Levine reported a majority of the Appropriation Committee is in favor of the $50,000 and a minority in opposition. 9:40 p.m. Fred Rosenberg,pr.9, questioned part(e) , sidewalk plows, and maintenance costs. Public Works Director William Hadley explained. 9:42 p.m. Sheldon Spector,pr.6, questioned intersection safety at Concord Ave/Waltham St if the new lights were to be installed. Town Engineer Peter Chalpin explained intersection � improvements the proposed project would address. � [Article 32 -part(fl postponed for future vote] 9:45 p.m. Peter Kelley reported unanimous support of the Board of Selectmen for part(g). 9:46 p.m. Shirley Stolz reported the unanimous support of the Capital Expenditures Committee for part(g). 9:46 p.m. Alan Levine reported unanimous support of the Appropriation Committee for P��g)• 9:47 p.m. Peter Kelley presented and reported unanimous support of the Board of Selectmen for part(h). Tom Griffiths reported unanimous support of the School Committee for(h). Shirley Stolz reported support of the Capital Expenditures Corrunittee for(h). Alan Levine reported the unanimous support of the Appropriation Committee for(h). 9:50 p.m. Patrick Mehr,pr.3,moved: AMENDMENT: Article 32 part(c)be separated out and voted on separately. Amendment Not Adopted. 9:52 p.m. Ephraim Weiss, pr.5, moved the following amendment: AMENDMENT: Article 32 be amended by adding thereto the following resolution: Resolved: That the town meeting urges the HDC to permit doors being replaced at Cary Hall and the Police Department to be equipped with glass windows for the safety of handicapped persons. 9:54 p.m. Sheldon Spector,pr.6, questioned the amendment's restriction to glass windows. 9:55 p.m. Roger Borghesani,pr.8, questioned the doors at Cary Hall, Ephraim Weiss responded. 9:56 p.m. Helen Cohen,pr.7, stated the amendment should address safety of a11 persons. 9:58 p.m. Andrew Friedlich,pr.5,moved an amendment to Mr. Weiss' amendment. AMENDMENT: Resolved: That the town meeting urges the HDC to permit doors being replaced at Cary Hall and the Police Dept. to be equipped with windows for the safety of the public. 10:00 p.m. Selectman Peter Kelley spoke against the amendment to the amendment. Sam Silverman,pr.5, questioned removing the word"handicapped". 10:05 p.m. Dawn McKenna,pr.6, questioned if the amendment should be ruled out of order. The Moderator ruled the amendment was within the scope of the article. 10:08 p.m. Following a standing vote on Article 32, amendment to the amendment,tallied as follows: Precinct Yes No 1 7 9 r—' 2 8 5 3 13 4 4 5 6 5 8 8 6 7 8 7 7 6 8 3 9 9 7 6 AL 8 6 � TOTAL 73 67 10:10 p.m. The Moderator declared the amendment to the amendment under Article 32 Adopted by a vote of 73 in favor and 67 opposed. 10:10 p.m. Amendment Adopted as Amended. _ _ ____ _--- _ ___ __ __ _ _ -- _ __ _-_ __ -�-- - 309 2005 Annual Town Meeting,Adjourned Session ofApril 11, 2005 10:14 p.m. Sheldon Spector moved the question. Motion Adopted. 10:14 p.m. Article 32,parts a-e, g,h, as amended, declared Adopted by the Moderator, with more than the required two-thirds vote. 10:14 p.m. George Burnell served notice of reconsideration on Article 32 parts a-e, g,h. 10:14 p.m. Charles Lamb served notice of reconsideration on Article 32 part(c). ARTICLE 33: TRAFFIC CONTROL SIGNALS UPGRADE AND INSTALLATION 10:16 p.m. Presented by Sam Silverman,pr.5. MOTION: That this article be indefinitely postponed. � Mr. Silverman explained indefinite postponement on the traffic signal upgrade. W- - 10:20 p.m. Norman Cohen reported the intent of the Board of Selectmen to study the Massachusetts Ave corridor and intersections in that corridor. Motion Adopted. ARTICLE 34: PRIOR YEARS' UNPAID BILLS 10:21 p.m. Presented by Selectman Jeanne Krieger. MOTION: That this article be indefinitely postponed. 10:21 p.m. Motion Adopted Unanimously. 10:22 p.m. Selectman Norman Cohen moved Article 35 be postponed until after Article 29. Motion Adopted Unanimously. 10:23 p.m. Selectman Jeanne Krieger moved Article 36 be postponed until after Article 35. Motion Adopted Unanimously. 10:23 p.m. Selectman Jeanne Krieger moved the meeting be adjourned until Wednesday, April 13, 2005 at 7:30 p.m., Cary Memorial Building. Motion Adopted. A true copy. r--- Attest: �^�� .. B'! Donna M. Hooper, To Clerk 310 Adjourned Session of 2005 Annual Town Meeting Apri113,2005 The Moderator called the 6�`session of the 2005 Annual Town Meeting to order at 7:30 p.m., Cary Memorial Building and addressed procedural matters. A quorum of 150 members was present. The Moderator informed members there would be a recess on April 27�'to provide up to date information on the Hanscom Air Force Base. Andrew Friedlich,pr.5, announced his intent to move reconsideration on Article 7. ARTICLE 2: REPORTS OF TOWN BOARDS AND COMMITTEES , 7:45 p.m. Elaine Dratch moved the report of the Transportation Advisory Committee be � Accepted and Placed on File. 7:45 p.m. Transportation Advisory Committee Co-Chairman Sara Arnold presented the J report. Motion Adopted. 7:51 p.m. Anthony Galaitsis moved the report of the Ad Hoc Committee on Article 40 Engine Run-Up be Accepted and Placed on File. Motion Adopted Unanimously. Mr. Galaitsis presented the report. 7:56 p.m. Loren Wood moved the report of the Ad Hoc Water and Sewer Rate Study Committee be accepted and placed on file. Motion Adopted Unanimously. Mr. Wood presented the report and Public Works Director William Hadley reported on Water and Sewer line items in the 2006 budget. 8:03 p.m. Frank Sandy,pr.6, questioned Hanscom Field rate. Mr. Hadley responded. Article 37 OPERATING BUDGET 8:05 p.m. Presented by Selectman Chairman Jeanne Krieger and read by the Moderator. 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 sha11 be provided by such transfer or other source. �—} 8:07 p.m. School Committee Chairman Thomas Griffiths reported the school budget and Interim Superintendent William Hurley summarized requested �..r funds and programs. 8:33 p.m. Ephraim Weiss,pr.5, spoke on energy reduction e�ciency needs and an energy committee. 8:39 p.m. Sheldon Spector,pr.6, questioned the cost of utilities and heating oil and budgeting for 2006. Education 11 00 Lexington Public Schools $69,567,568 (And further that the School Department is authorized to enter into equipment lease/purchase agreements from time to time provided that each such agreement is subject to annual appropriations.) 1200 Minuteman Regional School $887,667 8:41 p.m. Marjorie Daggett, representative to the Minuteman Regional High School Committee, reported on requested budget. Employee Benefits 2110 Contributory Retirement $3,284,215 (Of which$65,762 is to be transferred from the Water Enterprise Fund and $16,441 is to be transferred from the Sewer Enterprise Fund.) 2120 Non-Contributory Retirement $68,000 2130-2150 Insurance $5,256,245 (Of which$96,349 is to be transferred from the Water Enterprise Fund, $96,349 is to be transferred from the Sewer Enterprise Fund, and $22,000 is to be transferred from the Recreation Enterprise Fund) (And of which$17,200 is to be transferred from anticipated receipts in the DPW Revolving Fund, which revolving fund is hereby reauthorized for fiscal year 2006 for the purposes of paying costs of the Town's recycling and composting program and for the burial container purchase program;that the receipts to be deposited in such revolving fund sha11 consist of the sale of burial vaults, grave boxes, landscape permits and compost materials; that the Town Manager is authorized to expend the amounts in such revolving fund; and that the maximum amount that may be expended from such revolving _ __- -_ --- --__ .. __ _ ___ __ __ _-- _ _ --- _ _. _ _ T 311 2005 Annual Town Meeting,Adjourned Session of April 13, 2005 fund during fiscal year 2006 shall be $212,869, as reflected by the amounts to be transferred from such revolving fund pursuant to this and other line items as indicated below) (and further that amounts appropriated in this article for employee health and life insurance shall be transferred to this account to fund cost items (a) included in collective bargaining agreements reached between the Town and employee � organizations and(b) resulting from such agreements as they beax on the Town employee compensation plan.) Debt Service 2210 Payment on Funded Debt $2,760,000 2220 Interest on Funded Debt $450,750 2230 Temporary Borrowing $280,000 - 2240 Exempt Debt $5,043,313 (Of which$100,000 is to be transferred from the Recreation Enterprise Fund.) O�eratin�Articles 2310 Reserve Fund $150,000 2320 Municipal Salary Adjustments $417,780 (Such sum of$417,780 is appropriated to fund cost items as necessary for contractual settlements, step raises and salary adjustments for municipal employees. The amount voted is to be distributed among personal services accounts as authorized by the Town Manager with the approval of the Board of Selectmen.) (Of which$11,018 is to be transferred from the Water Enterprise Fund and $11,018 is to be transferred from the Sewer Enterprise Fund.) Or�anizational Expenses 2410 Municipal Services &Expenses Personal Services $33,976 2410 Municipal Services &Expenses $97,400 2420 Wide Area Network Expenses $5,000 2430 Community Access Personal Services $45,000 (Of which$45,000 is to be transferred from anticipated receipts in the Cable Access Revolving Fund, which revolving fund is hereby reauthorized for fiscal yeax r.,, 2006 for the purposes of paying costs of the Town's local access cable I television program;that the receipts to be deposited in such revolving fund shall consist of the amounts received from cable television providers for such � � purpose pursuant to their licensing agreements with the Town; that the Communications Advisory Committee, with the approval of the Boaxd of Selectmen, is authorized to expend the amounts in such revolving fund; and that the maximum amount that may be expended from such revolving fund during fiscal year 2006 shall be $400,000, as reflected by the amounts to be transferred from such revolving fund pursuant to this and the following line item) 2430 Community Access Expenses $355,000 (Of which$355,000 is to be transferred from anticipated receipts in the Cable Access Revolving Fund) Communitv Services 3100- DPW Personal Services $2,982,243 3500 (Of which$262,613 is to be transferred from the Water Enterprise Fund, $262,613 is to be transferred from the Sewer Enterprise Fund, $100,000 is to be transferred from the Cemetery Trust Funds, $75,000 is to be transferred from the Recreation Enterprise Fund) (And in addition$100,815 is to be transferred from anticipated receipts in the DPW Revolving Fund) 8:SO p.m. Selectman Norman Cohen moved a technical amendment to Zine item 3100-2500 DPW Personal Services, as follows.• � _. AMENDMENT.• Insert `and$47,014 is to is to be transferred from the Parking Meter Fund"after "$75,000 is to be transferred from the Recreation EnteYprise Fund. "so as now to read: 3100-3500 DPW Pe�sonal Services $2,982,243 (Of which $262,613 is to be t�^ansferred fi•om the Water Enterprise Fund, $262,613 is to be transferred fi�om the Sewer Enterprise Fund, $100,000 is to be transferred from the Cemetery Trust Funds, $75,000 is to be tr^ansferred from the Recreation Enterprise Fund and$47,014 is to is to be transferred fi�om the Parking Meter Fund) 312 2005 Annual Town Meeting,Adjourned Session of April 13, 2005 Frank Sandy,pr.S, and David Kaufman,pr.6, questioned the wording. 8:54 p.m. Amendment Adopted Unanimously. 8:55 p.m. David Kaufman,pr.6, questioned DPYV Personal Services and maintenance of conservation lands. Public Works Director William Hadley estimated costs to reinstitute mowing costs into the budget. 8:57 p.m. James Wood,pr.7, moved the following amendment: AMENDMENT.• Line item 3100-3500 DPW General Expenses be amended fi�om $4,434,930 to 4,444,930. � John Frey, Chairman of the Tree Committee, spoke to the amendment. `J 9:02 p.m. Jeanne Krieger reported opposition of the Board of Selectmen to the Wood amendment on a vote of 4-1 9:03 p.m. Alan Levine reported the unanimous opposition of the Appropriation Committee. 9:04 p.m. Members spoke in support and opposition. 9:07 p.m. Alan Levine clarified Appropriation Committee statements. 9:09 p.m. Members spoke in support and opposition and questioned funding. 9:18 p.m. James Wood commented the funds could be taken fi�om the funds to be appropriated for the stabilization fund. Alan Levine explained options to , balance the budget for this$10,000. 9:20 p.m. Loretta Porter,pr.S, questioned funds collected fi�om tree cut-downs. James YVood explained mitigation has been in the form of replacing trees, funds not yet collected. 9:22 p.m. Following a standing vote on the Wood Amendment, tallied as follows: Precinct Yes No 1 6 9 2 1 13 3 10 4 4 9 4 5 12 6 "�, 6 3 13 7 7 7 „v, 8 7 6 9 9 8 AL 1 13 TOTAL 65 83 9:24 p.m. The Moderator declared, by a vote of 65 in favor and 83 opposed, the Amendment Not Adopted. . 3100- DPW General Expenses $4,434,930 3500 (Of which$191,001 is to be transferred from the Water Enterprise Fund, $191,001 is to be transferred from the Sewer Enterprise Fund, and $88,626 is to be transferred from the Parking Meter Fund; and provided further that the Town Manager may enter into an agreement or agreements with one or more governmental units to perform jointly with such units any service, activity or undertaking authorized by law.) (And further that the Town Manager is authorized to enter into communications equipment agreements, equipment lease/purchase agreements from time to time provided that each such agreement is subject to annual appropriations.) (And in addition$94,854 is to be transferred from anticipated receipts in the DPW Revolving Fund) (And in addition State/Federal Grants, site generated revenue and/or refuse stabilization funds as permitted under existing agreements may be used to meet Division of Environmental Protection guidelines at the Hartwell Avenue landfill site.) (And to permit the Town to enter into agreements with either private or public entities in order to enhance public services, increase revenue, improve efficiency, or save money to the benefit of the Town.) 3600 Transportation Personal Services $67,040 3600 Transportation Expenses $420,527 (Of which$18,000 is to be transferred from Transportation Demand Management Accounts, $23,143 is to be transferred from the Lexpress Special Revenue Account and$80,000 is to be paid from Massachusetts Bay Transportation Authority grants.) _ _ _ _ __ __- - ---_ _-- -- - - -- _ -__ 1 ___ ___ _ _ 313 2005 Annual Town Meeting,Adjourned Session of April 13, 2005 9:26p.m. Selectman Norman Cohen moved a technical amendment to line item 3600 Transportation Expenses: AMENDMENT.• Insert "$60,000 is to come from Lexpress Fares/Passes" after "...Lexpress Special Revenue Account... "and before "and$80,000... "so as now to read: (Of which$18,DDO is to be transferred fi•om Transportation Demand Management Accounts, $23,143 is to be transferred,fi•om Lexpress Special Revenue Account, $60,000 is to come from Lexpress Fares/Passes and$80,000 is to be paid fi•om � Massachusetts Bay Transportation Authority grants.) Amendment Adopted � 9:27 p.m. Ravinder Sakhuja,pr.7, spoke against the transportation element and Lexpress. 9:31 p.m. Richard Michelson,pr.8, questioned the accounting of transfer of Parking Meter funds. Acting Town Manager Linda Vine and Budget O�cer Michael Young explained basis for transfers. Further explanation was made by Police Captain Charles Sargent. 3700 Water Department $6,369 973 � (And that to raise such amount$6,369,973 be transferred from the Water Enterprise Fund.) 3800 Sewer Department $7,335 787 � (And that to raise such amount$7,335,787 be transferred from the Sewer Enterprise Fund.) Public Safetv 4100 Law Enforcement Personal Services $3,974,171 (Of which$164,374 is to be transferred from the Parking Meter Fund.) 4100 Law Enforcement Expenses $428 547 � (Of which$22,000 is to be transferred from the Parking Meter Fund.) 4200 Fire Department Personal Services $3,708,450 4200 Fire Deparhnent Expenses $426,393 � Culture and Recreation , 5100 Library Personal Services $1,487,209 � 5100 Library Expenses $304,753 5200 Recreation Department $1,481 257 � (And that to raise such amount$1,481,257 be transferred from the Recreation Enterprise Fund.) Social Services 6000 Social Services Personal Services � $319,733 6000 Social Services Expenses $238,430 (Of which$7,000 is to be funded through grant contributions.) Communitv Development 7100 Community Development Personal Services $621,432 7100 Community Development Expenses $58,812 9:39 p.m. David Kaufman,pr.6, questioned bike path maintenance deferral. 7200 Planning Personal Services $187,207 7200 Planning Expenses $8,450 7300 Economic Development Personal Services $45,411 (Of which$39,411 is to be transferred from anticipated receipts in the Liberly Ride Program Revolving Fund,which revolving fund is hereby reauthorized for fiscal year 2006 for the purposes of paying costs of the Town's Liberty � Ride program; that the receipts to be deposited in such revolving fund shall � consist of the fares and other revenues received from the operation of the program, but shall not include private donations for the program, which shall continue to be accepted and applied by the Board of Selectmen; that the Town Manager is authorized to expend the amounts in such revolving fund; and that the maximum amount that may be expended from such revolving fund during fiscal year 2006 sha11 be $161,074, as reflected by the amounts to be transferred from such revolving fund pursuant to this and the following line item) 314 2005 Annual Town Meeting,Adjourned Session of April 13, 2005 9:42 p.m. Frank Sandy,pr.6, questioned Liberty Ride revolving fund. Questions and comments followed regarding funds requested from tcxx levy and expenditure of funds fi•om revolving funds. Town Counsel Jay Gonzales provided an explanation. 9:SO p.m. Fred Rosenberg,pr.9, questioned funding and moved: MOTION.• Line item 7300 Economic Development Personal Services & 7300 Economic Development Expenses be separated out to be voted separately. MOTIONADOPTED 7300 Economic Development Expenses $121,663 � (Of which$121,663 is to be transferred from anticipated receipts in the Liberty Ride J Program Revolving Fund) General Government 8110 Board of Selectmen Administration Personal Services $62,681 (Of which$2,357 is to be transferred from the Water Enterprise Fund and $2,357 is to be transferred from the Sewer Enterprise Fund.) 8110 Board of Selectmen Administration Expenses $69,150 8120 Legal Fees &Expenses $350,000 8130 Town Report $6,500 8200 Town Manager Personal Services $352,640 (Of which$34,559 is to be transferred from the Water Enterprise Fund and $34,559 is to be transferred from the Sewer Enterprise Fund.) 8200 Town Manager Expenses $14,667 Town Committees 8310 Appropriation Committee Expenses $1,500 8320 Miscellaneous Boards & Committees Expenses $8,755 8330 Public Celebrations $25,000 Finance --� � 8400 Finance Personal Services $840,011 � (Of which$179,396 is to be transferred from the Water Enterprise Fund and _._., $179,396 is to be transferred from the Sewer Enterprise Fund.) 8400 Finance Expenses $226,700 (And further that the Treasurer and Collector is hereby authorized to enter into compensating balance agreements during fiscal yeaxs 2006, 2007 and 2008, as permitted by General Laws Chapter 44, Section 53F.) Town Clerk 8500 Town Clerk Personal Services $208,017 8500 Town Clerk Expenses $52,025 Mana�ement Information S st� 8600 MIS Personal Services $177,637 (Of which$28,064 is to be transferred from the Water Enterprise Fund and $28,064 is to be transferred from the Sewer Enterprise Fund.) 8600 MIS Expenses $204,254 9:SS p.m. Ephraim Weiss,pr.5, moved the following amendment: AMENDMENT.• Line item 1100 be changed to 69,557,568. Mr. Weiss explained the reduction of$10,000 fi�om the school budget. � 9:58 p.m. Frank Sandy,pr.6, questioned heating issues at Harrington School. Director of Facilities Dana Ham responded. 10:00 p.m. Sam Silverman,pr.5, spoke in support. 10:01 p.m. Roger Borghesani,p�.8, spoke in opposition and updated members on energy saving committees. 10:OS p.m. Charles Lamb reported the opposition of the Capital Expenditures Committee. 10:07 p.m. Scott Burson reported the opposition of the School Committee. 10:09 p.m. Interim Superintendent William Hurley spoke on energy conservation measures and efforts. _- _ _ _ _ -- _ _ ____ _ _ _ _. _ ____ _ __ __ _ _ ___ ____ __ __ __ _- --- 1-- 315 2005 Annual Town Meeting,Adjourned Session ofApril 13, 2005 10:11 p.m. Chairman Jeanne Krieger reported the unanimous opposition of the Board of Selectmen. 10:11 p.m. Alan Levine reported the unanimous opposition of the Appropriation Committee. 10:12 p.m. David Kaufman,pr.6, questioned energy conservation-street light conservation measures. 10:13 p.m. Public Works Director William Hadley responded. 10:14 p.m. Thomas Taylor,pr.2, called the question. Motion Adopted. Ephraim Weiss summarized proposed amendment. 10:15 p.m. The Moderator declared the Amendment Not Adopted. � 10:15 p.m. Jeanne Krieger reported Board ofSelectmen support ofArticle 37 on a vote of 4-1. Peter Kelley reported his minority statement. 10:19 p.m. Alan Levine reported the unanimous endorsement ofArticle 37 by the Appropriation Committee. 10:19 p,m. Frank Sandy,pr.6, questioned Mr. Kelley on Zine items he would cut to meet his goals and requested specifics fi�om Mr. Kelley. 10:21 p.m. The Mode�ator declared the Motion under Article 37 Adopted. [Line items 7300 Economic Development Personal Services and 7300 Economic Development Expenses separated outJ 10:21 p.m. Alan Levine served notice of reconsideration on Article 37. 10:21 p.m. Scott Burson,pr.4, served notice of reconsideration on line item 1100. 10:22 p.m. Selectman Jeanne Krieger moved the meeting be adjourned until Wednesday, Apri127,2005 at 7:30 p.m., Cary Memorial Building. Motion Adopted. A true copy. Attest: ��/h,8�/,1 Donna M. Hooper, Town Clerk rA-- �__ 316 Adjourned Session of 2005 Annual Town Meeting Apri127,2005 The Moderator called the 7th session of the 2005 annual town meeting to order at 7:30 p.m., Cary Memorial Building. A quorum of 168 members was present. Jonathan Himmel,pr.6, announced he would be requesting Article 10 be brought up for reconsideration on May 2°a ARTICLE 2: REPORTS OF TOWN BOARDS AND COMMITTEES 7:43 p.m. Dawn McKenna,pr.6,moved the report of the Tourism Committee be � accepted and placed on file. Kerry Brandin provided an update on tourism activities. Motion Adopted. � Acting Town Manager Linda Vine and Town Counsel Jay Gonzales responded to questions regarding the tourism operations r��nning a deficit. 7:51 p.m. Dawn McKenna,pr.6, reported on contributions received. 7:52 p.m. Appropriation Committee Vice Chair Deborah Brown moved the Supplemental Report#1 of the Appropriation Committee be accepted and placed on file. Ms. Brown summarized. Motion Adopted. 8:00 p.m. Members questioned school personal services, Community Preservation Act contributions and tax rate shifts. 8:07 p.m. Selectman Peter Kelley moved Article 32(�be brought up at this time. Motion Adopted Unanimously. ARETICLE 32: CAPITAL PROJECTS AND EQUIPMENT 8:07 p.m. Presented by Selectman Peter Kelley. (� Design new DPW Facility at 201 Bedford Street- $720,000 and that - I the Treasurer with the approval of the Board of Selectmen is authorized to borrow$720,000 under G.L. c.44, §7(21) or any other _._1 enabling authority; 8:09 p.m. William Hadley, Director of Public Works reported. Bruce Haskell, Camp, Dresser, McKee, reported on their evaluation of the existing site opportunities. 8:19 p.m. Ted Edson reported the unanimous support of the Capital Expenditures Committee. 8:22 p.m. Alan Levine reported the support(8 yes— 1 abstain) of the Appropriation Committee. Members spoke in support and opposition, questioned preliminary concept, use of 201 Bedford Street property, and possibilities for a multi-use facility at the site. The Moderator explained use of the facility is outside the scope of the article. 8:35 p.m. Jonathan Himmel,pr.6, spoke in support and of the input provided by the Permanent Building Committee. 8:36 p.m. Motion Adopted Unanimously. 8:37 p.m. Selectman Peter Kelley moved Article 23 be taken up at this time. Motion Adopted. `—' 8:37 p.m. George Burnell, Capital Expenditures Committee, served Notice of Reconsideration of Article 32(�. ARTICLE 23: ACQUISITION OF FRANKLIN SCHOOL APARTMENTS 8:37 p.m. Presented by Selectman Peter Kelley. MOTION: That this article be indefinitely postponed. 8:37 p.m. Motion Adopted Unanimously. -__ ----- ---- --___ _ - __ � ___ __- ____ __ - __ __ _ _ __ __ __ _____ _------- _ 317 2005 Annual Town Meeting,Adjourned Session ofApril 27, 2005 8:37 p.m. Andrew Friedlich,pr.5,moved Reconsideration of Article 7 - Community Preservation Act. 8:41 p.m. Bob Bicknell,Article 7 sponsor, spoke in opposition 8:43 p.m. Alan Levine reported the Appropriation Committee took no position on reconsideration but spoke on possible new information on potential financial impact of the Community Preservation Act. 8:45 p.m. Norman Cohen reported the Board of Selectmen was unanimously opposed to reconsideration. 8:48 p.m. Richard Canale reported the Planning Board was unanimously opposed to reconsideration. 8:50 p.m. Members spoke in support and opposition to reconsideration. 8:56 p.m. Robert Whitman,pr.3,moved the question. Motion Adopted. 8:56 p.m. Motion Not Adopted. 8:57 p.m. Selectman Jeanne Krieger moved the meeting be recessed for approximately 45 minutes for a presentation from Fred Merrill of Sasaki Associates to report the pre-base redevelopment and closure of Hanscom Air Force Base. Motion Adopted. 9:42 p.m. The Moderator called the meeting to order. 9:42 p.m. Selectman Jeanne Krieger moved Article 37, line item 7300 Personal Services and 7300 Expenses (motion dated April 11, 2005)be taken up at this time. Motion Adopted. ARTICLE 37: OPERATING BUDGET [Line Item 7300] 9:43 p.m. Selectrnan Jeanne Krieger moved: SUBSTITUTE MOTION: Article 37, Line Item 7300 Economic Development be replaced with: 7300 Economic Development Personal Services $35,432 7300 Economic Development Expenses $89,689 � 945 p.m. Alan Levine reported the support of the Appropriation Committee. 9:46 p.m. Frank Sandy,pr.6, questioned changes needed to balance the budget. Budget Officer Michael Young explained costs to be offset by local receipts, grants, fares, and donations. 9:47 p.m. Substitute Motion Adopted 9:47 p.m. Paul Lapointe,pr.2, questioned requested funds. Budget Officer Michael Young explained requests are for a reduced service from that previously requested. 9:48 p.m. Paul Lapointe,pr.2, questioned inclusion of the Liberiy Ride in the municipal budget. 9:50 p.m. Dawn McKenna,pr.9,responded. 9:51 p.m. Paul Lapointe,pr.2, commented further on the Liberly Ride. 9:53 p.m. Masha Traber,pr.5, and Liberty Ride Coordinator, summarized Patriots' Day weekend Liberiy Ride activities and urged support. Ms. Traber recused herself from voting this motion. 9:57 p.m. Alan Levine reported the unanimous support of the Appropriation Committee for the motion as amended. 9:58 p.m. John Rosenberg,pr.4, questioned Liberty Ride ridership numbers. Dawn McKenna,pr.6, responded with statistics. 9:59 p.m. Benjamin Cohen,pr3, spoke in support and reported he would recuse himself from voting as he is a Liberty Ride guide. 10:02 p.m. Edith Sandy,pr.6, questioned the commitment on the part of the Liberty Ride to return full amount of funding to the town and how to prevent the taxpayers from subsidizing the Liberty Ride. 318 2005 Annual Town Meeting,Adjourned Session of April 27, 2005 Tourism Committee Chairman Kerry Brandin reported the intention of the Committee to fully reimburse all funding except the $6,000 budgeted for battle green guides. Paul Hamburger followed up and reported the Appropriation Committee's commitment to a balanced budget. Ms. Brandin further commented on the intention of the Tourism Committee to cover the 2005 deficit by fiscal year end, and a good faith effort to cover the costs for 2006. 10:06 Motion Adopted as amended. 10:08 p.m. The Moderator explained articles 29,30,31,35,36 and consideration of article 10 for reconsideration remain for Monday, May 2°a 10:08 p.m. Alan Levine,pr.8, served Notice of Reconsideration on Article 37, line item 7300. 10:08 p.m. Selectman Jeanne Krieger moved the meeting adjourn until Monday, May 2, 2005 at 7:30 p.m., Cary Memorial Hall. Motion Adopted Unanimously. A true copy. �'�/Yt�� '�/ Attest: Donna M. Hooper, Town Clerk �-,, � �� l J __ ____ ___ - _ _ __ - � -- _ _ __ _ _ __ 31�, 9 Adjourned Session of 2005 Annual Town Meeting May 2,2005 The Moderator called the 8�' session of the 2005 annual town meeting to order at 7:30 p.m., Cary Memorial Building. A quorum of 162 members was present. 7:35 p.m. The Moderator declared a recess for the Town Meeting Members Association to present certificates of Distinguished Service to 17 Town Meeting Members having served 30 or more years as Town Meeting Members. 7:42 p.m. The Moderator declared the meeting in session. � . . . . . L-�- Jill Stein,pr.2,reported on the follow-up to Article 22 and disposrtion to state surplus lands. Anne Frymer,pr.8, offered accolades to the Department of Public Works. Jonathan Himmel, pr.6, expressed to members concerns for the accessory apartment bylaw recently made and explained why reconsideration of Article 10 will not be served. ARTICLE 2: REPORTS OF TOWN BOARDS AND COMMITTEES 7:54 p.m. Charles Lamb reported on the revised report of the Capital Expenditures Committee regarding Article 29, dated May 2, 2005, and moved the Supplemental Reports of the Capital Expenditures Committee dated April 15�`and May 2"d be accepted and placed on file. Motion Adopted Unanimously. 7:58 p.m. Department of Public Works Director William Hadley announced the awarding of the Environxnental Protection Agency Merit Award to Robert Beaudoin. 8:02 p.m. The Moderator listed remaining articles to be voted before dissolution- 29, 30A,B, 31,35,36,38. ARTICLE 29: SUPPLEMENTARY APPROPRIATIONS FOR AUTHORIZED CAPITAL IMPROVEMENT PROJECTS � 8:03 p.m. Presented by Selectman Norman Cohen. `..� MOTION: a) That, in addition to the $690,000 previously appropriated under Article 8(a) at the 2001 Annual Town Meeting, $83,000 is appropriated for the purpose of making extraordinary repairs to Town buildings under the Building Envelope program; that to meet this additional appropriation$83,000 be raised in the tax levy and that the Board of Selectmen is authorized to take any other action necessary to carry out this project; and, b) That, in addition to the $685,000 previously appropriated under Article 8(h) at the 2002 Annual Town Meeting, $165,000 is appropriated for the purpose of making extraordinary repairs to Town buildings under the Building Envelope program;that to meet this additional appropriation the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow$165,000 under G.L. c.44, § 7(3A) or any other enabling authority; and that the Board of Selectmen is authorized to take any other action necessary to carry out this project; and, c) That, in addition to the $690,000 previously appropriated under Article 21 at the 2004 Annual Town Meeting, $125,000 is appropriated to remodel,reconstruct and make extraordinary repairs to school buildings; and that to meet this appropriation,the Treasurer with the approval of the Board of Selectmen is authorized to borrow$125,000 under G.L. c.44 §7 (3A), G.L. c. 70B or any other enabling authority; and, d) That, in addition to the $32,150,000 previously appropriated under Article 5 of the 2002 - Special Town Meeting, $1,575,000 is appropriated to design, construct, originally equip and furnish two new elementary schools to replace the current Fiske and Harrington Elementary Schools; that to meet this appropriation the Treasurer with the approval of the Boaxd of Selectmen is authorized to borrow$1,575,000 under G.L. c.44, §7(3), G.L. c.70B, or any other enabling authority; and that the Permanent Building Comxnittee is authorized to take any other action necessary to carry out this project. 8:03 p.m. Norman Cohen reported the unanimous support of the Board of Selectmen for parts a&b. 320 2005 Annual Town Meeting,Adjourned Session of May 2, 2005 Thomas Griffiths reported on the needs for funds to repair the Estabrook School roof [29 c]. 8:08 p.m. Phil Poinelli, Chairman, Permanent Building Committee, spoke on behalf of the Committee on part(d). 8:12 p.m. Charles Lamb reported the unanimous support of the Capital Expenditures Committee. Alan Levine reported the unanimous support of the Appropriation Committee. 8:13 p.m. Members spoke in favor and in opposition, questioned borrowing needs due to anticipated receipt of state reimbursement, and prior debt �j exclusion authorization. � ._... 8:26 p.m. Selectman Peter Kelley moved the following: AMENDMENT: Add to the end"provided, however,that any debt issued under this vote shall not be issued as exempt debt." 8:29 p.m. Norman Cohen reported the Board of Selectmen, on a vote of 4-1, oppose the amendment. 8:29 p.m. Charles Lamb reported the Capital Expenditures Committee opposes the amendment. 8:30 p.m. Deborah Brown reported the unanimous opposition of the Appropriation Committee to the amendment. 8:32 p.m. Paul Poinelli, Permanent Building Committee, Thomas Griffiths and Olga Guttag responded to questions on project cost. 8:37 p.m. Olga Guttag reported the unanimous opposition of the School Committee to the amendment. 8:39 p.m. Members questioned cost issues and spoke in opposition. 8:45 p.m. Amendment Not Adopted. --, 8:45 p.m. The Moderator declared the Motion under Article 29, a-d, Adopted by � more than the required two-thirds vote. 8:46 p.m. George Burnell served notice of reconsideration of Article 29. ARTICLE 30: SCHOOL CAPITAL PROJECTS AND EQUIPMENT 8:46 p.m. Presented by Thomas Griffiths, pr.7. MOTION: (a) That$1,100,000 be appropriated for remodeling,reconstructing and making extraordinary repairs to school buildings and for the purchase of additional equipment therefore; and that to meet this appropriation the Treasurer with the approval of the Board of Selectmen is authorized to borrow$745,000 under G.L. c.44 §7, G.L. c.70B, or any other enabling authority, and$355,000 be raised in the tax levy; and (b) That $240,000 be appropriated for architectural and engineering design services for reconstructing and constructing an addition to the School Administration Building; and that to meet this appropriation the Treasurer with the approval of the Board of Selectmen is authorized to borrow$240,000 under G.L. c.44, §7(21) and §(22), or any other enabling authority. The Moderator explained the article is divided in two parts to be discussed and voted separately. �' 8:56 p.m. Hank Manz reported a 4-1 vote of the Board of Selectmen in support. Charles Lamb reported the unanimous support of the Capital Expenditures Committee. Alan Levine reported the unanimous support of the Appropriation Committee. 9:00 p.m. Members, Staff, and Committees discussed security measures proposed and conservation efforts by the School Department. ------- _— --__ ___ -- - -------_ _ _ — _ ____ _ __ _ _ _ __ __ �----___ ---- 321 2005 Annual Town Meeting,Adjourned Session of May 2, 2005 Members and Staff discussed School Administration Building (1557 Massachusetts Ave.)repairs, and cleaning equipment requests by the School Department. 9:09 p.m. The Moderator declared the Motion of Article 30 (a) declared Adopted Unanimously. 9:09 p.m. George Burnell, Capital Expenditures Committee, served notice of reconsideration on Article 30 (a). 9:10 p.m. Article 30 (b) requests were presented by Thomas Griffiths, School Committee, explaining need for architectural design funds to renovate the 1557 Massachusetts Ave. School Administration Building. 9:17 p.m. Phil Poinelli, Permanent Building Committee, described planning to date and explained the project was at the conceptual stage. 9:22 p.m. Charles Lamb reported the unanimous support of the Capital Expenditures Committee, and committee member Ted Edson urged support. 9:26 p.m. Rod Cole reported unanimous support of the Appropriation Committee. 9:28 p.m. Hank Manz reported unanimous support of the Board of Selectmen. 9:30 p.m. Members spoke in support and opposition, questioning design,parking spaces,proposed offices in building and other building options for school administration. 9:45 p.m. Edith Sandy,pr.6,moved: AMENDMENT: Article 30 part(b)be amended by adding thereto the following resolution: RESOLVED: That the Town Meeting urges the Historic Districts Commission to allow the removal of the original Barnes Building if that should be necessaxy to permit reuse of the site by the School Administration in a way that is as cost-effective as possible while remaining compatible with Lexington's historic architecture. Edith Sandy explained requested Resolution. 9:47 p.m. Thomas Griffiths,pr.7, explained the School Committee had no position on the amendment. Charles Lamb reported the unanimous opposition of the Capital Expenditures Committee. 9:51 p.m. Members spoke in support. 9:52 p.m. Norman Cohen reported a 3-2 opposition of the Board of Selectmen to the amendment. A minority report of Selectman Hank Manz and Peter Kelley was presented, seeking examination of all options. 9:55 p.m. AMENDMENT ADOPTED. 9:56 p.m. John Ruffing,203 Follen Rd, spoke in support and for consideration of other options for site usage. 10:00 p.m. Martha Daileanes-Sevigny,pr.4, questioned project design and cost estimate. Paul Poinelli,Permanent Building Committee responded. 10:02 p.m. Members spoke in opposition. 10:07 p.m. Anne Frymer,pr.8,moved the question. Motion Adopted 10:08 p.m. Thomas Crriffiths suminarized requested action. 10:08 p.m. Following a standing vote on Article 30 (b),tallied as follows: Precinct Yes No 1 11 3 2 8 10 3 10 6 4 11 4 5 10 5 6 11 7 4. . 7 13 3 8 14 1 9 7 6 AL 16 0 TOTAL 111 45 10:12 p.m. The Moderator declared Article 30 (b)Motion, as amended,Adopted by more than the required two-thirds vote, on a vote of 111 in favor and 45 opposed. 10:12 p.m. George Burnell,pr.7, served notice of reconsideration of Article 30(b). 322 2005 Annual Town Meeting,Adjourned Session of May 2, 2005 ARTICLE 31: MAINTAIN AND UPGRADE SCHOOL TECHNOLOGY 10:14 p.m. Presented by Thomas Griffiths,pr.7. MOTION: That$270,000 be appropriated for the purchase of computer haxdwaxe and software and related installation costs in order to maintain and upgrade the schools technology systems; and that to meet this appropriation the Treasurer with the approval of the Board of Selectmen is authorized to borrow$155,000 under G.L. c.44 §7(28) and §7(29) or any other enabling authority, and$115,000 be raised in the tax levy. ---, Steve Arnoff and Shelley Chamberlain, Lexington Public Schools, summarized requested upgrades, replacements, and requested support. Charles Lamb reported the unanimous support of the Capital Expenditures Committee. Alan Levine reported the unanimous support of the Appropriation Committee. Hank Manz reported the unanimous support of the Board of Selectmen. 10: 26 p.m. Members commented on measuring impact of technology on learning. School staff and committee members responded. 10:31 p.m. The Moderator declared the motion adopted by more than the required two-thirds vote. ARTICLE 35: SUPPLEMENTARY APPROPRIATIONS FOR CURRENT FISCAL YEAR(FY2005) 10:32 p.m. Presented by Selectman Norman Cohen. MOTION: That$150,000 be appropriated to Line Item 2310 Reserve Fund of the current fiscal year's budget and that to raise such amount $150,000 be transferred from the Unreserved Fund Balance. Norman Cohen explained anticipated overages and reported the unanimous support of the Boaxd of Selectmen. Alan Levine reported the unanimous support of the Appropriation Committee. r 10:34 p.m. Members questioned costs associated with the dismissal of the former Town Manager. Norman Cohen responded. 10:35 p.m. The Moderator declared the motion Adopted Unanimously. ARTICLE 36: STABILIZATION FUND 10:36 p.m. Presented by Selectman Jeanne Krieger. MOTION: That$603,647 be appropriated for a stabilization fund for capital expenditures in accordance with G.L. c.40, §SB and that such amount be raised in the tax levy. Jeanne Krieger reported the unanimous support of the Board of Selectmen and commented on the Reserve Fund Policy. Alan Levine reported the unanimous support of the Appropriation Corrunittee. 10:38 p.m. The Moderator declared the motion Adopted Unanimously, more than the required two-thirds vote. ARTICLE 38: USE OF FUNDS TO REDUCE TAX RATE 10:38 p.m. Presented by Selectman Jeanne Krieger. MOTION: That this article be indefinitely postponed. --, Jeanne Krieger reported the unanimous support of the Board of Selectman. I Alan Levine reported the support of the Appropriation Committee. �� 10:39 p.m. The Moderator declared the Motion Adopted Unanimously. 10:39 p.m. Selectman Jeanne Krieger moved the meeting be dissolved. Motion Adopted Unanimously. A true copy. %, Attest: �� Donna M. Hooper __ _ __ __ _- _ _ -____ __ - . _ __ __ _ ___ _ _ __ -- _ _- __ __ _--__ 1 . 323 2005 SPECIAL TOWN MEETING November 7,2005 (See Warrant File for Warrant) The Special Town Meeting of November 7, 2005 was called to order by Moderator Margery M. Battin, at 7:30 p.m. at the Cary Memorial Building, 1605 Massachusetts Avenue. A quorum of 177 members was present. Town Clerk Donna M. Hooper read the Warrant for the Meeting until waived. The Town Clerk read the Constable's Return of the Warrant. The Moderator reviewed procedural matters. 7:35 p.m. Le�Vledia Chairman Alan Lazarus announced Le�Vledia's first broadcasting of Town Meeting. 7:43 p.m. The Moderator declared the meeting open under Article 1, and would be so during the duration of the meeting. ARTICLE 1 REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES 7:44 p.m. Helen Cohen, School Committee Chair, introduced Superintendent of Schools Paul Ash. Superintendent Ash proceeded to introduce central office staff. 7:49 p.rri. Presented by Leo McSweeney,pr.9. ARTICLE 2 ZONING BYLAW,AMEND CB TO CD, 1720 MASSACHUSETTS AVENUE MOTION: That the Code of the Town of Lexington, Zoning By-Law sections, and the Zoning Map of the Town of Lexington be amended by changing the zoning district designation of that property commonly known as The Battle Green Inn, located at 1720 Massachusetts Avenue, and specifically described in a metes and o rt b bounds description on file with the Board of Selectmen and the Planning Board � � o - from the current CB, Central Business District to a CD-Planned Commercial a � � District to a11ow construction of a building(s) for the purposes of multi-family �`� a housing and commercial reta.il space. � � � � � m o' co n The land in the CD, Planned Commercial district shall be subject to the � �,� preliminary site development and use plan originally filed on September 23, 2005, N y �, as amended, including a revised and resubmitted preliminary site development N � � and use plan dated October 25,2005, which plan is on file with the Planning o x o o m rr Board and Town Clerk, in accordance with the provisions of the Zoning By-Law � � a of the Town of Lexington. � �. � � � o 7:51 p.m. Eric Shapiro, Battle Crreen Inn owner, reviewed requested rezoning. � � 8:07 p.m. Wendy 1Vlanz,pr.9, Planning Boazd Chairperson, moved the Report of the � � Planning Board on Article 2 be accepted and placed on file. Motion Adopted � � Unanimously. Cha.irman Manz outlined support of the Planning Board(4-1). " � � N O CY 8.27 p.m. Anthony Galaitsis,pr.5, moved the Minority Report of the Planning Board on �� Article 2 be accepted and placed on file. Motion Adopted Unanimously. V. Mr. Galaitsis explained his opposition. 8:32 p.m. Selectman Hank Manz reported unanimous support of the Board of Selectmen. - 8:38 p.m. Conservation Commission Chairman Joyce Miller clarified the Conservation Commission neither endorses nor opposes the motion. 8:39 p.m. Arthur Katz,pr.3, reported the support of a majority of the Housing Partnership Board. 8:40 p.m. Sheila Watson, pr.6,reported the support of the Lexington Center Committee. 8:44 p.m. Colin Smith reported the unanirrious support of the Design Advisory Committee. 8:48 p.m. Elaine Dratch,pr.5, Transportation Advisory Committee, spoke in support. .324 � November 7, 2005 Special Town Meeting, cont.... 8:50 p.m. Members spoke in support and opposition. 9:09 p.m. Ruth Thomas, pr.4, spoke on zoning and moved the following Amendment: AMENDMENT: In Section IV of the PSDUP,OTHER ZONING PRO�ISIONS,in the Sub-Section OFF-STREET PARKING AND LOADING,Item 5 be replaced by the following: 5)T'he required parking spaces for the commercial space to be constructed under this PDSUP shall be as follows: a)One parking space for every 325 s.f. of commercial space shall be available only for commercial space � owners, lessees and their employees.Total 18. [UNCHANGEDI � b)Each commercial user shall be assigned the number of spaces in the garage corresponding to the parking ---� factor of one space for every 325 s.f. . �b,c,d&e are NEWI c)The minimum number of off-street parking spaces required for each individual use of the commercial space in the CD-Planned Commercial District created under this PSDUP shall be the same number as that specified in the 2005 Zoning By-Law for the same commercial use in the CB District.Accordingly,if a particular use requires more than one parking space for every 325 s.f.,the user shall have to demonstrate to the satisfaction of the Building Commissioner or designee that the required number of additional off-street parking spaces will be provided outside the garage. d)If a new Zoning By-Law,enacted in the future,reduces the number of required off-street parking spaces for a particular commercial use in the CB District,then at the applicant's request,the Board of Appeals may grant a Special Permit to reduce the off-street parking requirements for that particular commercial use in this CD- Planned Commercial District to conform to the provisions for the same use applicable to the CB District in the modified Zoning By-Law. e)A change in commercial use shall trigger a review by the Zoning Enforcement O�cer to validate that the number of spaces being provided for the proposed commercial use meets the parking requirements specified herein. 9:12 p.m. Ruth Thomas explained proposed amendment. 9:16 p.m. John Farrington, Attorney for proponent, spoke in support of amendment. 9:20 p.m. Charles Hornig reported opposition by a majority of the Planning Board. �� 9:25 p.m. Standing vote on the amendment tallied as follows: J Precinct Yes No 1 2 14 2 4 11 3 4 . 12 4 5 1� 5 6 10 6 3 15 7 1 17 8 3 13 9 2 10 At Large 2 9 Total 32 124 9:29 p.m. Amendment Not Adopted. . 9:29 p.m. Members and residents spoke in support and opposition of the main motion. 9:50 p.m. Tourism Committee Chaiiman Dawn McKenna reported the committee took no stand on the motion. 10:00 p.m. Michael Martignetti, pr.4, moved the question. Motion Adopted. 10:01 p.m. Standing vote on the main motion tallied as follows: Precinct Yes No 1 10 8 2 13 3 3 14 5 —' 4 17 2 5 11 6 � 6 16 4 7 20 0 8 14 2 9 13 4 At Large 11 1 Total 139 � 35 10:08 p.m. Motion Adopted. 10:09 p.m. Jerold Michelson,pr.5, served Notice of Reconsideration on Article 2. � __._ --- -_ __----__ 325 November 7, 2005 Special Town Meeting, cont. & November 9& 10, 2005 Adjourned Sessions of the November 2005 Special Town Meeting 10:09 p.m. Selectman Jeanne Krieger moved the meeting be adjourned until 7:30 p.m., Wednesday,November 9, 2005, Cary Memorial Building. Motion Adopted. A true copy. Atte t: �� Donna . Hooper, Town C erk Adjourned Session of the Z005 Special Town Meeting � November 9,2005 The Moderator called the second session of the November 7, 2005 Special Town Meeting to order at 7:30 p.m., Cary Memorial Building. A natural gas explosion and Hancock Avenue house fire earlier in the day has caused a community-wide emergency. The Moderator questioned the presence of a quorum. Town Clerk Donna M. Hooper stated that a quorum was not present. (In attendance: Moderator Margery M. Battin; Town Clerk Donna M. Hooper; Town Counsel William Lahey; Selectman Hank Manz; Town Meeting Members Richard Battin, Dan Fenn and Wendy Manz; Budget Officer 1Vlichael Young, and Tom Fullen, DPV� Town Counsel William Lahey moved: Due to the gas emergency, and the lack of a quorum, I move to adjourn this session of Town meeting to tomorrow evening,November 10, 2005 at 7:30 p.m., Cary Hall. . Motion Adopted Unanimously. A true copy. Attest: _ '�l�''��--� Donna M. Hooper, Town Clerk � Adjourned Session of the 2005�Special Town Meeting November 10,2005 The Moderator called the third session of the November 7, 2005 Special Town Meeting to order at 7:30 p.m., Cary Memorial Building. The Moderator questioned the presence of a quorum. Town Clerk Donna M. Hooper stated that a quorum was not present. (In attendance: Moderator Margery M. Battin; Town Clerk Donna M. Hooper; Town Counsel William Lahey; Selectman Hank Manz; Town Meeting Members Richard Battin and Sandra Shaw; Budget Officer Michael Young, and Louis Orifice, DPV� Town Counsel William Lahey moved: Due to the gas emergency, and the lack of a quonun, I move to adjourn this session of Town meeting to Monday evening,November 14,2005 at 7:30 p.m., Cary Hall. Motion Adopted Unanimously. � A true copy. Atte ��—� Donna M. Hooper, Town Cle 326 Adjourned Session of the November 2005 Special Town Meeting November 14,2005 The Moderator called the fourth session of the November 7, 2005 Special Town Meeting to order at 7:30 p.m., Cary Memorial Building. A quorum of 152 members was present. ARTICLE 1 REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES 7:32 p.m. Selectman Jeanne Krieger introduced Carl Valente, appointed Town Manager on July 11, 2005. The Town Manager updated the meeting on the situation � resulting from a KeySpan gas explosion on Wednesday,November 9, 2005 and recognized the efforts of so many, including Fire Chief William Middlemiss, � `� Police Chief Christopher Casey and Plumbing Inspector ponald LaConte. Members recognized the efforts of all involved with a standing ovation. 7:42 p.m. Alan Levine,pr.7, moved the Report of the Appropriation Committee be accepted and placed on file. Adopted Unanimously. 7:49 p.m. Presented by Selectman Norman Cohen. ARTICLE 3 USE OF DRIVEWAY OF MASSACHUSETTS AVENUE MOTION: That the Selectmen be and they hereby are authorized to grant a permanent easement to David and Tetiana Pronchick to continue to use the existing portion of their driveway located at 1888 Massachusetts Avenue that extends onto Lot 166 shown on Assessor's Map 49 for one dollar and on such other terms as the Selectmen may determine. 7:50 p.m. Selectman Cohen explained requested action. 7:53 p.m. Members questioned legal use of the area in question. 8:00 p.m. Following a voice vote,the Moderator declared Motion Adopted Unanimously. 8:00 p.m. Presented by Selectman Richard Pagett. ARTICLE 4 PRIOR YEARS' UNPAID BILLS MOTION: That$528,178 be appropriated to pay unpaid bills for goods and services rendered to the School Department for FY2005, and that to raise such amount$528,178 be transferred from the Unreserved Fund Balance. 8:01 p.m. School Committee Chairman Helen Cohen summarized action requested in Articles 4 and 5. 8:07 p.m. Superintendent Paul Ash fixrther explained need for requested funding. 8:12 p.m. Richard Pagett reported unanimous support of the Board of Selectmen. 8:16 p.m. Alan Levine ,with further comments by John Bartenstein, reported unanimous support of the Appropriation Committee. 8:18 p.m. Members questioned unpaid bills and over-budgeted items, to which Superintendent Ash responded. 8:26 p.m. Following a voice vote,the Moderator declared Motion Adopted Unanimously. 8:27 p.m. Alan Levine served Notice of Reconsideration on Article 4. __ _ _ ___ ____ ___ _ _ � _ _ - __ ____ _ _ . _ _ ____ _--- __._ _ _ _ 327 November 14, 2005 Adjourned Session of the November 2005 Special Town Meeting, cont... 8:28 p.m. Presented by Selectman Jeanne Krieger ARTICLE 5 SUPPLEMENTARY APPROPRIATIONS MOTION: (a) That, in addition to the amount previously appropriated therefore at the 2005 annual Town Meeting, $847,396 be appropriated for Line Item 1100 Lexington Public Schools for the current fiscal year's budget, and that to raise such amount, $57,000 be transferred from Line Item 1200 Minuteman Regional School of the current fiscal year's budget, $434,287 be transferred from �—.. the Unreserved Fund Balance, and that$356,109 be raised in the tax levy; � _ (b)Further,that$425,000 be appropriated to reduce the tax levy for the fiscal yeax beginning July 1, 2005, and that such amount be transferred from Overlay Surplus. The Moderator explained part(A) and part(B)would be voted separately. 8:28 p.m. Helen Cohen, School Committee Cha.irman, commented on funds requested. Superintendent Paul Ash commented further. 8:50 p.m. Selectman Jeanne Krieger reported the Board of Selectmen's unanimous support for part(A). Alan Levine reported the Appropriation Committee's unanimous � support for part(A). 8:53 p.m. James Shaw,pr.5, explained and moved the following: AMENDMENT: The motion urider Article 5, Part (A) be amended by striking the figure $847,396 and substituting therefore the figure $922,396, and by striking the figure $434,287 and substituting therefore the figure$509,287. Mr. Shaw spoke on the amendment. 9:00 p.m. Helen Cohen reported the School Committee's opposition(4-1). 9:03 p.m. Jeanne Krieger reported the unanimous opposition of the Board of Selectmen. 9:03 p.m. Alan Levine reported the unanimous opposition of the Appropriation Committee. 9:04 p.m. Alessandro Alessandrini,pr.2, spoke in support. 9:05 p.m. Ephraim Weiss,pr.5, questioned cancellation of the grant. After a brief recess School Committee Chairman Helen Cohen, and school administrators, commented on school wellness programs and grant d7scontinuation. � Members questioned further the school wellness programs and if the amendment were to be adopted how the funds would be used. High School students spoke in support of the Lexington's Drug Free Community Support Program. 9:17 p.m. Superintendent Paul Ash confirmed he wouldn't recommend funds be used for the proposed purpose. 9:18 p.m. Members spoke in support and questioned possible municipal programs that might fill any void in loss of program. 9:32 p.m. Following a voice vote,the Moderator declazed the Amendment Not Adopted. 9:34 p.m. Fred Martin,pr.7, questioned staffing availability to effect fiscal controls newly identified. Superintendent Ash confirmed sufficient staffing. 9:35 p.m. Nyles Barnert,pr.4, questioned severing relationship between Lexington Public - - . Schools and Minuteman Technology High School. Superintendent Ash confirmed severing middle school program relationship. 9:36 p.m. Members further presented questions on budget cuts and programmatic impact, with Superintendent Ash responding. 9:47 p.m. Andrew Friedlich,pr.5, moved the question. Motion Adopted. Following a voice vote on Article 5, Part (A), the Moderator declared the Motion Adopted Unanimously. 328 November 14, 2005 Adjourned Session of the November 2005 Special Town Meeting, cont. 9:48 p.m. Selectman Jeanne Krieger moved the motion under Article 5,Part (B) and explained the motion to be a housekeeping action needed to transfer funds from the Overlay Surplus. 9:50 p.m. Alan Levine reported the unanimous support of the Appropriation Committee for Article 5,Part(B). 9:50 p.m. Following a voice vote, the Moderator declared Article 5, Part (B) Adopted Unanimously. 9:50 p.m. Presented by Selectman Peter Kelley. r� J ARTICLE 6 SCHOOL PROJECTS AND EQUIPMENT MOTION: That this article be indefinitely postponed. 9:50 p.m. Helen Cohen, School Committee Chairman,requested Superintendent Ash be recognized. Superintendent Ash explained needed repairs and planned use of current available funds. 9:58 p.m. Peter Kelley reported the unanimous support of the Board of Selectmen. 9:59 p.m. Alan Levine reported the unanimous support of the Appropriation Committee. 10:00 p.m. Following a voice vote,the Moderator declared Motion Adopted Unanimously. 10:00 p.m. Selectman Jeanne Krieger moved the Special Town Meeting be dissolved. Motion Adopted Unanimously. A true copy. Attes : � t r Donna M. Hooper, Town Cl k . r Judith J. Uhrig, 15 Vine Broolc Road, removed as a Town Meeting Member from Precinct 4 effective September 8, 2005. The vacancy caused by the removal of Ms. Uhrig, 15 Vine Brook Road (exp. 2007) will appear on the March 2006 Annual Town Election ballot. ---, J _ __ _ _____ .___ __ _ ,. _ __ WARRANT FOR TOWN ELECTION — SEE WARRANT FILE � � � � ) TOWN ELECTION —MONDAY, MARCH 6, 2006 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Monday, March 6, 2006, at 7:00 a.m. The following places were designated as the voting places for the various precincts: Precinct One, Cary Memorial Building; Precinct Two, Bowman School; Precinct Three, Jonas Clarke Middle School; Precinct Four, Bridge School; Precinct Five, Cary Memorial Building; Precinct Six, William Diamond M.iddle School; Precinct Seven, Joseph ,..� Estabrook School; Precinct Eight, Central Fire Station; Precinct Nine, Maria Hastings � School �_ � � The election officers and Wardens of the various precincts were assigned for duty as follows Precinct 1: Warden: Richard Pemberton [U]; Clerks: Margaret Blouin [D], Barry Sampson [U]; Inspectors: Richard Spillane [U], Edwina Spillane [U], Jeanette Cerulli [D], Doris Pemberton [UJ, Margaret Kelly[UJ,William Barrett[R]. Precinct 2: Warden: Rebecca Fagan [U]; Clerk: Arthur Katz [D]; Inspectors: Clifford Pehrson [U], Arline Burns [D], Dorothy Bond [U], Joseph Pato [D], Lillian MacArthur [U], Leonora Feeney [D],Marita Hartshorn [D], Dorothy Zaborowski [D], Winston Flynn [R], Eileen McAlduff[D], Samuel Berman [D]. Precinct 3: Warden: Shirley Rauson Frawley [D]; Clerk: Faith Fenske [U]; Inspectors: Robert Tracey [D], M. Elinor Greenway [D], Rita Casey [D], Lillian Drury [UJ, Laura Welby [U], Anthony Sacco[U], Edward DuBois [R], JoAnn Eurich [U],William Frawley[D]. Precinct 4: Warden: Gulli Kula [D]; Clerk: Robert W. Bennett [U]; Inspectors: Mary Devoe [U], Beverly Aker[U], Dana Regillo [R], Eleanor Smith [U], Evangeline Puopolo [U], Gloria Curran [U], Elizabeth McLaughlin [D], Virginia Weinberger[D]. Precinct 5: Warden: Eric Kula[D]; Clerk: Bernice Gerrig [U]; Inspectors: Julie Miller[U], D. Peter Lund [R], E. Ashley Rooney [D], Grace Ayers [U], Peter Saradjian [D], Linda Cohen [U], T. John Quinlan [R], Anne O'Neill [U], John Defandorf[U] . Precinct 6: Warden: Dorothy Boggia [R]; Clerk: Harriet Morrison [U]; Inspectors: Hazel Graham [D], Alla Fedus [U], Barbara Simmons [R], Burton Smith [R], Catherine Rego [D], William Simmons[RJ, Charles Price [U], Susan Solomon [R]. Precinct 7: Warden: Alice Pierce [D]; Clerk: Margaret Bradley [D]; Inspectors: Renee Fine [D], � Alfred Fine [D], Barbara Sandler [U], Charlotte Ford [D], Elizabeth Sullivan [D], Mabel Amar [D], Isabelle Bennett[R],. �.___ Precinct 8: Warden: Marie Hill [U]; Clerks: Judith Chudigian [U], Barbara Perrotta[D]; Inspectors: Elinor Bettencourt [R], Anthony Montagna [U], Claire Abernathy [U], John Ayvazian [D], Ann Diamond [U], Adele Barnes [U], Salvatore Casella [D], Audrey Hosford [U], Ephraim Weiss[D]. Precinct 9: Warden: Duncan MacQueen [U]; Clerk: Renee Reynolds [DJ; Inspectors: Angela Marcucci [U], Henry Torpey [R], Janet Lowther [R], Anne Conceison [U], Carole Scalise [R], Judith Schuler[U], Clark Schuler[U], Edith Paster[D], Carole Butler[UJ. � The election officers were sworn to the faithful performance of their duties. The polls were declared open in each precinct at seven o'clock A.M. and remained open until eight o'clock P.M., at which time, after due notice, the polls were declared closed. Total of 18,569 registered voters eligible to vote as of February 14, 2006: Pct. Registered Democrat Republican Unenrotled Other* Voters 1 1917 740 256 912 9 2 2174 971 231 961 11 3 1870 741 246 877 6 4 2151 926 252 963 10 5 2092 812 310 962 8 y 6 2163 924 336 895 8 7 2170 895 265 1002 8 8 2021 804 280 926 11 -" 9 2011 751 234 1019 7 Total 18569 7564 2410 8517 78 *Political Designations include: American lndependent, Conservative, Green Party USA, Interdependent 3'�Party, Reform, Socialist, and Time Sizing Not Downsizing. 3 3 0 March 6, 2006 Annual Town Election, cont........ Election results were delivered to the Town Clerk at the Town Office Building. 39% of the registered voters cast their vote. The Town Clerk canvassed results as follows: • ABSENTEE BALLOT BREAKDOWN Applications Ballots Ballots Returned Ballots Pct Processed Returned Late/Undeliverable/ Counted Rejected 1 54 48 1 47 2 52 52 3 49 3 � 51 46 0 46 4 66 62 . 0 62 5 57 55 1 54 �_ 6 66 61 2 59 �'I 7 50 45 1 44 � 8 36 34 1 33 9 34 34 0 34 Totals 466 437 9 428 PCT 1 PCT 2 PCT 3 PCT 4 PCT 5 PCT 6 PCT 7 PCT 8 PCT 9 TOTAL TOTAL VOTERS 1917 2174 1870 2151 2092 2163 2170 2021 2011 18569 TotalVotes 625 899 621 892 835 1002 901 789 717 7281 Percent 33% 41°/a 33% 41% 40% 46% 42% 39% 36% 39% PCT 1 PCT 2 PCT 3 PCT 4 PCT 5 PCT 6 PCT 7 PCT 8 PCT 9 TOTAL SELECTMEN(Vofe for ONE;for THREE Years) *PETER C.J.KELLEY 355 424 294 438 477 559 404 358 354 3663 GEORGE A.BURNELL 246 434 305 428 328 414 449 389 326 3319 WRITE-INS 1 1 0 0 1 1 0 1 2 7 BLAN KS 23 4Q 22 26 29 28 48 41 35 292 "elected for 3 years - � MODERATOR(Vote for ONE;for ONE Year) *MARGERY M.BATTIN 373 578 417 568 509 648 570 501 457 4621 � WRITE-INS 8 2 3 5 3 2 6 2 2 33 BLANKS 244 319 201 319 323 352 325 286 258 2627 *elected for 1 year SCHOOL COMMITTEE(Vofe for TWO;for THREE Years) SCOTT F.BURSON 270 468 329 476 335 408 402 364 . 280 3332 *HELEN L.COHEN '� 279 498 362 490 355 494 440 423 339 3680 *RAVI K.SAKHUJA 292 428 280 407 427 558 505 372 361 3630 JESSE F.SEGOVIA 187 160 102 185 238 224 178 156 211 - 1641 WRITE-INS 2 0 1 3 3 2 1 5 1 18 BLANKS 220 244 168 223 312 318 276 258 242 2261 *elected for 3 years PLANNING BOARD(Vofe for TWO;for THREE Years) '`RICHARD L.CANALE 262 393 331 422 358 495 424 376 390 3451 *GREGORY L.ZURLO 258 354 289 385 312 381 365 304 285 2933 WRITE-INS 4 1 1 1 1 1 1 1 8 19 BLANKS 726 1050 621 976 999 1127 1012 897 751 8159 r *elected for 3 years HOUSING AUTHORITY(Vote for ONE;for F/VE Years) *NICHOLAS SANTOSUOSSO 323 461 340 484 432 525 463 403 378 3809 WRITE-INS 1 1 0 1 1 0 2 4 2 12 BLANKS 301 437 281 407 402 477 436 382 337 3460 *elected for 5 years QUESTION#1: COMMUNITY PRESERVATION ACT YES 313 589 402 545 418 592 532 481 370 4242 NO 254 257 180 282 345 348 306 252 27Q 2494 BLANKS 58 53 39 65 72 62 63 56 77 545 � Shall the Town of Lexington accept Sections 3 to 7, inclusive, of Chapter 44B : �' of the General Laws, as approved by its legislative body, a summary of which�� appears below? - ___ _ __ _ _ _ _ - - _ _ 1 ___ _ _ _ _ _. _ ;. March 6, 2006 Annual Town Election, cont........ 3 3 1 TOWN MEETING MEMBERS PRECINCT 1'— Seven for Three Years Total Total *JOEL A.ADLER 293 LORETTA A.MORESCO 192 "MARY ANN STEWART 288 MARIA-ELENA KOSTORIZOS 160 *JUDITH L.ZABIN 283 MARKUS PINNEY 122 '`JEAN W.COLE 277 William Barrett 1 'ANN S.REDMON 265 Jean Barrett 1 *JOSEPH S.RANCATORE 262 Michelle Taylor-Pinney 1 *SCOTT W.MALONEY 193 Arline Burns 1 � • Ali 0thers 3 BLANKS 2033 *elected for 3 years PRECINCT 2 — Seven for Three Years Total Total "MARIAN A.O.COHEN 431 JOHN T.SACKTON 314 *JAMES S.WILSON 409 THOMAS G.TAYLOR 296 *DONALD D.WILSON 396 J.EUGENE BEAUCHEMIN 273 *KENNETH M.KREUTZIGER 367 KENNETH J.SHINE 187 "DOUGLAS M.LUCENTE 337 Karen Gray 1 "MICHAEL J.0'SULLIVAN 328 William Carruthers 1 "STEVEN A.KROPPER 321 All Others 0 BLANKS 2632 *elected for 3 years PRECINCT 3 — Seven for Three Years Total Total *SAMUEL BERMAN 362 '`ROBERT H.COPP 244 *ROBERT ROTBERG 350 Judith Uhrig 57 *DARWIN P.ADAMS 340 John Catroll 1 'RICHARD L. NEUMEIER 305 Ail Others 0 *REID E.ZURLO 295 BLANKS 2114 *NANCY A. BRYANT 279 *elected for 3 years PRECINCT 4— Se`ven for Three Years; Two for One Year �--. Total Total *JILL I.HAI 470 �MARTHA DAILEANES-SEVIGNY 362 *PETER DAVID ENRICH 455 �`John J.Krawczyk 164 ---- *BARRIE PELTZ 422 Laura Kole 5 *GLORIA J.BLOOM 413 Joan Zahka 3 *GERALD PAUL 406 Jerome Smith 2 "DAVID HARRIS 398 All Others 15 "ELLEN JO MCDONALD 398 BLANKS 4515 *elected for 3 years **elecfed for 1 year PRECINCT 5'—Seven for Three Years � Total Total *ELAINE DRATCH 411 DANAA.REGILLO 265 *OLGA P.GUTTAG 374 John Mirabella 1 *ANN M.KELLY 370 Elaine Doran 1 � *JAMES R.LOWRY 348 Christopher Groves 1 kSAM SILVERMAN 327 Ciaudia Dalrymple 1 � *ANA H.FLASTER 317 Wiiliam Novick 1 *JED N. SNYDER 290 Ali Others 5 TODD J.CATALDO 288 BLANKS 2561 DAVID E.BURNS 284 *elected for 3 years PRECINCT 6—Seven for Three Years Total Total - *ANN FORBES KANE 576 ERIC H.CARLSON 420 "EDMUND C.GRANT 537 Peter Cohen 1 *SHEILA M.WATSON 510 Marianne Lazarus 1 _ _ *JANE PAGETT 479 Anne Ripley 1 *EDITH SANDY 475 Stacie Simon 1 *BEBE H.FALLICK 459 All Others 3 *SHELDON A.SPECTOR 434 BLANKS 3117 *elected for 3 years 3 3 2 March 6, 2006 Annual Town Election, cont........ PRECINCT 7 — Seven for Three Years Total Total '`SHERYL R.MAHONEY 436 Mike Barg 1 *MARSHA E.BAKER 422 Althea Bertrand 1 *JAMES C.WOOD,JR. 397 Shirley Farias 1 *FRED H.MARTIN 392 Nancy Hubert 1 *WILLIAM I.LEAVITT 353 David Kanter 1 *ALAN W.WRIGLEY 331 Sean Maloney 1 *KEITH HOFFMAN 315 Dave Needham 1 ANN L.GILBERT 314 Thomas Sullivan 1 STEVEN L.COLMAN 309 All Others 1 Philip Hamilton 6 BLANKS 3023 *elected for 3 years �_� � PRECINCT 8 —Seven for Three Years Total Total *RICHARD H. BATTIN �19 Linda Razzano 2 *CAROLYN H.TIFFANY 378 Thomas Alspaugh 1 *INGRID H. KLIMOFF 366 Barbara Baker 1 �LARRY N.BELVIN 359 Rachel Cortez 1 *WILLIAM HERRING 351 Becky Sue Epstein 1 *SHIRLEY H.STOLZ 341 Gail Friedman 1 "Jessica Steigerwald 172 lone Garing 1 Lorraine Foumier 25 Betty Gau 1 , Sally Neale 19 Mary Hosmer 1 Richard Baughman •4 John A.Taylor 1 Janet Athens 3 James Williams 1 Brian Galloway 3 All Others 1 Stephen Tripi 3 BLANKS 3065 Robert H.Enders 2 *elected for 3 years PRECINCT 9—Seven for Three Years; One for One Year Total Total *HELEN L. COHEN 373 MICHAEL E.SCHROEDER 133 "WILLIAM P. KENNEDY 370 Luigi Bittarelli 2 *RICHARD L.CANALE 355 Jamie Rauscher 2 �i *JANET M.PERRY 339 Janet Almeida 1 *FRED D.ROSENBERG 328 Joel Aufiero 1 ..J *NARAIN D.BHATIA 302 James Cosgrove 1 *MOLLIE K.GARBERG 287 Harold Laye 1 **FRANCINE STIEGLITZ 282 SUSAN A. ELBERGER 276 All Others 1 JESSE F.SEGOVIA 256 BLANKS 2426 *elected for 3 years **elected for 1 year A true copy. � Attest: ��v� Donn M. Hooper, Town � lerk Anthony B. Close, 174 Wood Street, resigned as a Town Meeting Member from Precinct 9, effective Apri1 :7; 2006: Susan A. Elberger, 10 Ellison Rd, received the highest number of votes as a defeated candidate for Town Meeting from Precinct 9 at the March 6, 2006 Annual Town Election. As of April 10, 2006, Ms. Elberger's acceptance of the position to fill the vacancy caused by the resignation of Anthony B. Close (exp. 2007) , has - been filed with the Town Clerk. This term will expire March 2007. � Susan A. Elberger, 10 Ellison Rd, resigned as a Town Meeting Member from r Precinct 9, effective September 25, 2006. Jesse F. Segovia, 7 Pheasant Ln, received the next highest number of votes as a defeated candidate for Town Meeting from Precinct 9 at the March 6, 2006 Annual Town Election. As of November 9, 2006, Mr. Segovia's acceptance of the position to fill the vacancy'�caused by the resignation of Mrs. Elberger (exp. 2007) has been filed with the Town Clerk. This term will expire March 2007. Marshall J. Derby, 23 Suzanne Rd, resigned as a Town Meeting Member from Precinct 6 effective October 4, 2006. Eric Carlson, 83 East St. , received the highest number of votes as a defeated candidate for Town Meeting from Precinct 6 at the March 6, 2006 Annual Town Election. As of November 15, 2006 Mr. Carlson's acceptance of the pbsition to fill the vacancy ca�sed by the resignation of Marshall J. Derby (exp. 2008) has been filed with the Town Clerk. This term will expire March 2007. - --_ _ _ __ __ _ � . __ _ _ � � 33 2006 Annual Town Meeting . March 27,2006 (See Warrant File for Warrant) The first session of the 2006 Annual Town Meeting was called to order by Moderator Margery M. Battin at 7:30 p.m., Cary Memorial Building. A quorurn of 177 members was present. The Lexington Minutemen, accompanied by the William Diamond Fife and Drum Corps, posted the colors. Fornier Moderator Robert Kentpresented an ablireviated rendition of his , � 1976 presentation to Town Meeting. ' . ` - The Moderator honored deceased Town Meeting members Stanley Toye, Keith Butters, Edith Cheever,Donald Chisholm and Martin White. Town Clerk Donna M. Hooper read the Warrant for the Meeting until waived. The Town Clerk read the Constable's Return of the Warrant. The Moderator reviewed procedural matters and declared the meeting open under Article 2, and would be for the duration of the meeting. ARTICLE 2: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES 7:58 p.m. Selectman Norrnan Cohen moded the Report of the Committee on Cary Lectures be accepted and placed on file and the Committee be discharged. Unanimously Adopted. Chairperson,Nancy Shephard,presented the Committee's report. 8:02 p.m. Charles Hornig moved the Report of the Planning Board be accepted and placed on file. Unanimously Adopted. �VIr. Hornig reported in the absence of the Chair Wendy Manz. • 8:08 p.m. Presented by Selectman Norman Cohen. � 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�ills of Eliza Cary Farnham and Suzanna E. Cary for ithe current year. Motion Unanimously Adopted. �J 8:09 p.m. Presented by Charles Hornig;Planning Board ARTICLE 4: ZONING BY-LAW, INCLUSIONARY ZONING MOTION: That this article be indefinitely postponed. Selectman Richard Paget reported. Motion Unanimously Adopted. ` 8:12 p.m. Alan Lazarus,pr.6, commented on the lateness of the Planning Board's report on Article 5. 8:12 p.m. Presented by Charles Hornig;Planning Board ARTICLE 5: ZONING BY-LAW, IMPERVIOUS SURFACE MOTION: T'hat the Lexington Zoning By-Law be amended as follows: 1. Delete line 5 of the Table entitled"Schedule of Permitted Buildings, Density and Dimensional Standards in §135-45: • Type ofDevelopment Zonin o�b • RO RS,RT RD ,.�.r y� _ Com. Clus. Conv. Clus. p�. rrt-r C Spea Spec. o to DSPB DSPB G p a 5.Maximum impervious surface ratio(see§135-41) NR* 0.15 NR* 0.20 0.40 m � � *No requirement for a corrventional subdivision as a r � � whole;see§135-47D for individual lots �,., � rt � � N m �c � N i'i And insert in its place the following: o � u�i m rn H C Type of Development Zonin � ,°-r RO RS,RT RD ;n a, Conv. Clus. Conv. Clus. �D �,- o' Spec. Spec. �'`� DSPB D3PB �c �7 5.Maximum impervious surface ratio(see§135-41) NR* 0.20 NR* 0.30 0.40 c� � *No requirement for a conventional subdivision as a � � whole;see 135-47D for individual lots. � � m rn m � h. . • w N � O OQ O � 3 3 4 2006 Annual Town Meeting—March 27, 2006 cont... � 2. Insert in§ 135-48 F(1),the words "the standard for maximum'impervious surface ratio in§ 135-45 Schedule of Permitted Buildings,Density and Dimensional Standards table",reformat the section to contain subsections,and rephrase the subsections so that they read clearly in the new format;so that§135-488(F)now reads as follows: F. Special permits;dimensional standards;waivers;types of housing.The Planning Board,acting as SPGA,may,as part of the grant of a special permit with site plan review,also grant a special permit to: (1) Modify: (a)the standards in Table 2,Schedule of Dimensional Corrtrols,for minimum lot area,minimum lot frontage,minimum front yard,minimum side yard,minimum rear yard,maximum percentage of site coverage,and maximum height in stories; (b)the standard for maximum impervious surface ratio in§ 135-45 Schedule of Permitted Buildings, Density and Dimensional Standards table; (c)the provisions of§ 135-35D relative to the number of dwellings on a lot; ; � � (d)the provisions in§ 135-36B relative to minimum lot width; I (e)the provisions in§ 135-36C relative to�contiguous developable site azea; -� (fl the provisions in§ 135-65A relative to the location of off-street parking spaces; (g)the provisions in§ 135-67 relative to setbacks required for parking spaces and driveways;and, (h)the provisions in§ 135-27E relative to the subdivision of land in relation to lots or buildings that aze nonconforming or would not comply with this By-Law as a result of the proposed development; all as they may apply to individual dwellings or lots within a cluster subdivision or a special residential development; . 8:12 p.m. Alan Lazarus moved to postpone Article 5 until Wednesday, March 29, 2006. Cliarles Hornig reported the Planning Board had no objection to the delay. Motion to Postpone until March 29, 2006 Adopted 8:17 p.m. Richard Canale moved the Report of the Planning Board on Article 6 be accepted and placed on f le. Unanimously Adopted. 8:17 p.m. Presented by Richard Canale, Planning Board �o ARTICLE 6: ZONING BY-LAW, PARKING IN CB DISTRICT ,,� MOTION: That the Lexington Zoning By-Law be amended as follows: � ,0 1. Delete"and filed in the Registry of Deeds of Middlesex County" and add"or paid � � permit" in § 135-69.D(1)(c) so�that it now reads as follows: a � 3 '� H �, (c) Where such lot is not in the same ownership, a lease or paid permit � �� guaranteeing long-term use of such lot, and satisfactory in form to the Town ,b � Counsel, is executed. � � � � H 2. Delete"if located on a lot within the CB District" from § 135-69.D(2) so that is � � � � o now reads as follows: }-i N � v � � �. (2)In a CB District ail such parking spaces may be within 1,200 feet walking � � � distance of the entrance of such building. � a� a � � � � o �' 3. Delete "within the CB Zone"from § 135-70.B so that it now reads as follows: � � b o +� a� � � � �+ � � o B. Required parking spaces may be provided on the same lot or, if a special � � �' permit under § 135-69.D is granted by the Board of Appeals, on another lot provided such facility is within 1,200 feet walking distance of the entrance of the building which such parking spaces are required to serve. Selectman Richard Pagett reported the support of the Board of Selectman(4-1) 8:23 p.m. Sheldon Spector,pr.6, questioned postponing discussion of Article 6. - The Planning Board deferred to the will of Town Meeting. Vote on postponement—Not Adopted .---, 8:25 p.m. Lisa Baci,pr.4, moved the following substitute motion offered by Mr. Julian Bussgang, 2 Forest St. . . MOTION: 1. Replace the current §165-69 D(1) (c),which reads: "Where such lot is not in the same ownership, a lease guaranteeing long-term use of such lot, and satisfactory in form to the Town Counsel, is executed and filed in the Registry of Deeds of Middlesex County" ____ _ _ ____ ___ _ _____ _____ ___- .�_-- _ _ _.__ 2006 Annual Town Meetin March 27 2006 cont.... � � � g � with a new §165-69 D(1)(c),which will read as follows: "Where such lot is not in the same ownership, a lease or paid permit guaranteeing long-ternY use of such lot, and satisfactory in form to the Town Counsel and SPGA, is executed and filed with the SPGA. `•`Long-term use" shall mean that the duration of the lease or paid permit guaranteeing the use of the lot is at least as long as the duration of the special permit. In order for the special permit to remain valid,the person holding the special permit is required to notify and get approval from fhe ZBA if the terms of the lease or paid permit guaranteeing the use of the lot are to be changed. � 2: Delete"if located on a lot within the CB District"from §135-69 D (2) so that ��, _r it will now read as follows: ' (2) In a CB District a11 such parking spaces may be within 1,200 feet walking distance of the entrance of such building. 3. Replace the current §135-70 B,which reads: B. Required parking spaces may be provicled on the same lot or, if a special . permit under §135-69 D is granted by the Board of Appeals, on another lot within the CB Zone provided such facility is within 1,200 feet walking distance of the entrance of the building which such parking spaces are required fo serve. With a new §13,5.70 B which will now read as follows: B. Required parking spaces may be provided on the same lot or, if a special permit under §135-69 D granted by the Board of Appeals approves it, on another non-residential parking lot,not presently owned or leased by the Town of Lexington provided,such facility is within 1,200 feet walking distance of the entrance of the building which such parking spaces are required to serve. J 1 �� 8:26 p.m. Julian Bussgarig,2 Forest St., explained substitute motion. ±�: Members posed questions on distances chosen and parking regulations `�-� Richard Canale reported the Planning Board opposition to the amendment. Discussion on the amendment ensued,with members speaking in support and in opposition. Members questioned the Planning Board on the number of businesses ° presently relying on spaces outside of the CB district. Board of Appeals Chairperson Judith Uhrig responded. Parts 1,2 and 3 of Substitute Motion voted as follows: 8:56 p.m. Part 1 &2—Not Adopted ' - 8:57 p.m. Part 3 —Not Adopted 8:57 p.m. Peter Kelley reported the Board of Selectmen's opposition(4-1)to the main motion. Members questioned allowing this motion to make legal the current parking in the Meriam St and Redeemer lots, as operating a commercial lot in a residential zone is not permitted since 1985. Town Counsel William Lahey advised if the bylaw is not adopted the -- Board of Appeals would be advised it is not permissible activity going forward. r..._. 9:10 p.m. Reid Zurlo,pr.3,moved the Question. Unanimously Adopted. 9:11 p.m. Vote on Article 6 main motion—Declared Adopted by more than the required �__' two-thirds vote. Charles Lamb,pr.4, served notice of reconsideration on Article 6. 9:12 p.m. Presented by Charles Hornig, Planning Board. w ARTICLE 7: ZONING BY-LAW,,AMEND CD-7 TO CD-13, STARWOOD HOTELS & RESORTS, 727 MARRETT ROAD MOTION: Article 7 be postponed to the first order of business on Wednesday, Apri15, 2006. Unanimously Adopted 3 3 6 2006Annual Town Meetin ,March 27, 2006 cont.... . g 9:12 p.m. Presented by Richard Canale, Planning Board ARTICLE 8: RESOLUTION FOR A SCENIC BYWAY MOTION: That the following resolution be adopted: .Resolved that Town Meeting requests that the Board of Selectmen seek enactment of legislation in collaboration with the neighboring towns of Arlington,Lincoln,and Concord to designate portions of Massachusetts Avenue,Old Massachusetts Avenue, Wood Street,and Route 2A,th�Battle Road corridor,as a State scenic byway. 9:19 p.m. Norman Cohen reported unanimous support of the Board of Selectmen. Shirley Stolz,pr.8, 2139 Massachusetts Ave.,requested to;'be on record as � abstaining from voting on this article. 9:20 p.m. Charles Hornig reported the Planning Board recommended passage. Joyce Miller reported the unanimous support of the Conservation Comrnission. . Gerald Paul reported the support of the Tree Committee Dawn McKenna reported the unanimous support of the Tourism Committee. Members spoke in support. 9:22 p.m. Motion declared Unanimously Adopted.. 9:22 p.m. Presented by Selectman Norman Cohen. ARTICLE 9: VINE STREET—ABANDON SEWER EASEMENT MOTION: That the Board of Selectmen be and are hereby authorized to abandon the sewer easement running between Vine Street and Hayes Lane described in the Arficle on such terms as they may decide. [Text of Article: To see if the Town will vote to abandon the sewer easement running between Vine Street and Hayes Lane taken by the Town in 191 S and recorded in o Middlesex South Registry of Deeds Book 3975, Page 250, or act in any other manner G� ,� in relation thereto.J � . � � 9:22 p.m. Norman Cohen reported the unanimous support of the Board of Selectmen. � � Motion declared Unanimously Adopted. r� H � �� 9:25 p.m. Presented by Selectrnan Hank Manz. �, ARTICLE 10: AMEND NON-CRIMINAL DISPOSITION BY-LAW (STREET OPENINGS) � � MOTION: That §1-6 of the General By-Laws be amended by adding thereto the � H following: � cn �-i o `� ;�� Chapter 181, De�artnient of Public Works � �� §181-15 Excavation Permit, fine schedule: $100 per violation U C7.� � �� 9:25 p.m. Hank Manz reported the unanimous support of the Board of Selectmen. � o ti 9:26 p.m. Public Works Director William Hadley responded to a question on utility , o ;� company cables. a �,0 9'2g p•m. Motion Unanimously Adopted. � � a 9:29 p.m. Presented by Selectman Norman Cohen. ARTICLE 11: AMEND REFERENDUM PROVISIONS : Chapter 215 of the Acts of 1929 MOTION: That the Selectmen be and they hereby are authorized to petition the General Court for an Act to amend Section 8 of Chapter 215 of the Acts of 1929 as amended by deleting the second sentence thereof and substituting the following: "If,within said five days,a petition signed by not less than three percent of the � registered voters of the town,conta.ining their names and addresses as they appear on the list of registered voters,is filed with the selectmen requesting that the question or questions involved in any such vote which has not become operative as aforesaid be submitted to the voters of the town at large,then the operation of such votes shall be further suspended pending its determination as hereinafter provided, and the selectmen,within ten days after the filing of the petition,shall forthwith call a special meeting for the purpose of presenting to the voters at large the question or questions so involved." 9:29 p.m. Norman Cohen reported the unanimous support of the Board of Selectmen. 9:30 p.m. Motion Unanimously Adopted. � ____ __._ _____ __ --__ - �_._____ _ _ _ . 337 2006 Annual Town Meeting,March 27, 2006 cont.... 9:32 p.m. Presented by Selectman Hank Manz. ARTICLE 12: AUTHORIZE INTER-MUNICIPAL AGREEMENT FOR MUTUAL AID AMONG PUBLIC HEALTH AGENCIES MOTION: That the Town Manager and the Board of Health be and they hereby are aut�orized to enter into inter-muuicipal agreements, in accordance with Section 4A of Chapter 40 of the Massachusetts General Laws for mutual aid among public health agencies. 9:32 p.m. Hank Manz reported the unanimous support of the Board of Selectmen. 9:33 p.m. Health Director Derek Fullerton explained the request. 9:35 p.m: Members spoke in support. � ' 9:37 p.m. Motion Unanimously Adopted. 9:38 p.m. Presented by Selectman Richaxd Pagett ARTICLE 13: ACCEPT MGL CHAPTER 148 SECTION 26H (FIRE SPRINKLERS) MOTIONa That this article be indefinitely postponed. 9:38 P.M. Fire Chief William Middlemiss provided explanation for indefinite postponement. 9:42 p.m. Members questioned current situations and buildings without sprinkler systems. 9:43 p.m. Motion Unanimously Adopted. 9:44 p.m. Presented by Selectrnan Hank Manz. . ARTICLE 14: AMEND GENERAL BY-LAWS — UNAUTHORIZED VEHICLES MOTION: That the General By-Laws be amended by adding to Part I,a new Chapter 93 � � 9 entitled Parking,to�read as follows: o �c � rt a H Chapter 93.Parking Q.. rt °c § 93-1 Unattended Vehicles in Fire Lanes � � a No person shall,leave any vehicle unattended within the limits of private ways � � � furnishing means of access for fire apparatus to any building. �, �, � w m rr § 93-2 Unattended and Unauthorized Vehicles Within Handicapped �, n `� � Parking Space o �, �' ``�� No person shall leave any unauthorized vehicle unattended within a handicapped � o 0 parking space, including the cross hatch area,designated as reserved for vehicles � rt owned and operated by disabled veterans or handicapped persons,nor in such a � a manner as to obstruct a curb ramp designed for use by a.handicapped person as a �,� means of egress to a street or public way. � y ' o � � And further,that§ 1-6.B of the General By-Laws be amended by adding thereto the � following: � � rn m � rt Chapter 93,Parking ^, � Fine Schedule: $100 per violation o 0° rn 9:44 p.m. Hank Manz reported the unanimous support of the Board of Selectmen. • 9:44 p.m. Motion Unanimously Adopted. 9:46 p.m. Presented by Ephraim Weiss,pr.5. ARTICLE 15: AMEND GENERAL BY-LAWS TO CREATE ENERGY COMMITTEE � MOTION: Article 15 be postponed until immediately after Article 7 on Apri15,2006. ,_,,., Motion Unanimously Adopted. I9:48 p.m. Selectman Norman Cohen moved the meeting be adjourned until Wednesday, �___ March 29,,2006 at 7:30 p.m., Cary Hall. Motion Unanimously Adopted. A true copy. � Attest: � ' � Donna M. Hooper, Town lerk 3 3� 8 Adjourned session of the 2006 Annual Town Meeting March 29,2006 Moderator Margery M.Battin called the second session of the 2006 Annual Town Meeting to order at 7:30 p.m.,Cary Memorial Building. A quorum of 174 members was present. Lexington Community Television was recognized for broadcasting Town Meeting. ARTICLE 2: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES 7:33 p.m. Kenneth Kreutziger,pr.2,moved the Report of the Housing Partnership Board be accepted and placed on file. Adopted Unanimously Mr.Kreutziger summarized the report. ---. James Wood,pr.7,moved the report of the Tree Committee be accepted and placed on file. Adopted � Unanimously Mr.Wood summarized the report. --� Martha Wood,pr.7,moved the report of the Lexington Housing Assistance Board(LexHab)be accepted and placed on file. Adopted Unanimously 7:52 p.m. Presented by Charles Hornig,Planning Board ARTICLE 5: ZONING BY-LAW, IMPERVIOUS SURFACE MOTION: That the Lexington Zoning By-Law be amended as follows: 1. Delete line 5 of the Table entitled"Schedule of Permitted Buildings, Density and oDimensional Standards in §135-45: N ' y� Type of Development . Zonin � RO RS; RT RD � � Corrv. Clus. Corrv. Clus. �'� Spec. Spec. •� �, DSPB DSPB �� 5. Maximum impervious surface ratio(see�135-41) NR* 0.15 NR* 0.20 0:40 � � *No requirement for a comentional subdivision as a whole;see�135-47D for individual lots � O 1 . H H �O --� U]r-I O �� And insert in its place the following: � � � � u� � Type of Development Zonin � �, � RO RS,RT RD °1 � � Conv. Clus. Conv. Clus. � o �' Spec. Spec. o ,; � DSPB DSPB a� c'�n 5.Maximum impervious surface ratio(see§135=41) NR* 0.20 NR* 0.30 0.40 �,n °R, *No requirement for a conventional subdivision as a whole;see §135-47D for individual lots 2. Insert in § 135-48 F (1),the words "the standard for maximum impervious surface ratio in§ 135-45 Schedule of Permitted Buildings,Density and Dimensional Standards ta.ble", reformat the section to contain subsections, and rephrase the subsections so that they read clearly in the new format, so that §135-488(F)now reads as follows: F. Special permits; dimensional standards; waivers;types of housing. The Planning Board, acting as SPGA, may, as part of the grant of a special permit with site plan review, also grant a special permit to: (1) Modify: (a)the standards in Table 2, Schedule of IDimensional Controls, for minimuxn lot area,minimum lot frontage,minimum front yard,minimum side yard, I minimum rear yard, ma�cimum percentage of site coverage, and maximum height in stories; —' (b)the standard for maximum impervious surface ratio in§ 135-45 Schedule of Pernutted Buildings, Density and Dimensional Standards table; (c)the provisions of§ 135-35D relative to the number of dwellings on a lot; (d)the provisions in § 135-36B relative to minimum lot width; (e)the provisions in § 135-36C relative to contiguous developable site area; (�the provisions in § 135-65A relative to the location of off-street parking spaces; (g)the provisions in § 135-67 relative to setbacks required for parking spaces � and driveways; and, ___ __ _ ___ _ _ _ _-- _ _ _ _ _ __ __ __ _ � _ _ _ _ _ . .. . 339 2006 Annual Town Meeting,Adjourned Session of March 29, 2006, cont... (h)the provisions in § 135-27E relative to the subdivision of land in relation to lots or buildings that are nonconforming or would not comply with this By-Law as a result of the proposed development; all as they may apply to individuai dwellings or lots within a cluster subdivision or a special residential development; 7:52 p.m. Charles Hornig reported the Planning Board's intent to amend the motion as follows: AMENDMENT: that paragraph 1 of the main motion under Article 5 be amended by changirig the new line 5 to be inserEed in the Table entitled "Schedule of Permitted Buildings, Density and 4 _ Dimensional Standards m §135-45 by replacing the figure .20 wrth .18 and by replacing the figure".30" with the figure ".25," so that line 5 in said table would appear as follows: Zoni.n Type of Development RO RS RT RD , Conv. Clus. Conv. Clus. Spec. Spec. DSPB DSPB 5.Maximum impervious surface ratio(see§135-41) NR* 0.18 NR* 0.25 0.40' *No requirement for a conventional subdivision as a � whole;see§135-47D for individual lots ' Planning Board member Anthony Galaitsis commented on proposed amendment. 8:07 p.m. Selectman Jeanne Krieger reported the unanimous support of the Board of Selectmen on the amendment. 8:08 p.m. Amendment Adopted. 8:09 p.m. Members spoke in favor and against Section 1 of motion as amended. Planning Board member Charles Hornig responded to questi.ons. � � , 8:16 p.m. Charles Horning reported the Planning Board support of Article 5 (4-1)and � unanimous support on Section 1 of motion. '--- 8:18 p.m. Part 1,as amended,declared Adopted by the Moderator,with more than the required two-thirds vote. 8:19 p.m. Planning Board member Charles Homig explained Part 2 and discussion ensued. Planning Board member Anthony Galaitsis moved the minority report of the Planning Board be accepted and placed on file. Unanimously adopted. Mr. Galaitsis presented his minority report. 8:25 p.m. Planning Board member Charles Hornig responded to questions from membership on elements of Part 2 of the motion. Members spoke in support and in opposition,questioning cluster zoning and waiver provisions. - 8:49 p.m. Reid Zurlo,pr.3 moved the question. Motion adopted. 8:49 p.m. After an uncertain voice vote,the Moderator called for a standing vote on Article 5, Part 2,tallied as follows: Precinct Yes No 1 5 13 2 10 6 3 8 10 4 10 9 5 6 12 6 8 11 7 13 5 � 8 9 � 9 10 4 �_.__ AL 8 1 Total 87 78 8:55 p.m. With 87 in favor and 78 in opposition,less than the necessary two-thirds vote,the Moderator declared the motion under Article 5,Part 2 Not Adopted. 340 : 2006 Annual Town Meeting,Adjourned Session of March 29, 2006, cont... 8:55 p.m. Presented by Andrew Friedlich,pr.5. Article 16: AMEND NOISE BY-LAW MOTION: That §80-8 of the General By-Laws be amended by adding a new paragraph E thereto as follows: E. Any Special Permit issued under Section 80-8 shall be reviewed in a hearirig by the special permit granting authority(Selectmen or their designee(s))within 60 business days of receipt of a written complaint providing evidence that the limits allowed under the original special permit have been exceeded;or the condit�ons imposed proved ineffective'or were not - implemented. The Special Permit Crranting Authority(SPGA)may take � testimony and other evidence relevant to the complaint. Upon completion of „r, the review,the SPGA shall decide to: 1) Impose additional conditions which sha11 reasonably alleviate the�violation, or 2) Revoke said permit if it is determined that-conditions imposed by the selectmen intended to alleviate the situation prove to be ineffective, or 3)Dismiss the complaint due to lack of substantial evidence. 8:56 p.m. Sponsor Brian Susnock, 12 Brandon St., explained the motion and purpose. 8:59 p.m. Selectman Jeanne Krieger reported the unanimous opposition of the Board of Selectmen and explained the Board deemed'the current version of the noise bylaw addresses intent before the meeting. 9:02 p.m. Anthony Galaitsis reported(4-1) support of the Noise Advisory Committee. Members spoke in support and opposition and questioned special permits issued,noise complaints, standard of evidence to trigger a hearing, and role of Lexington Police Department in by-law enforcement. . 9:25 p.m. After an uncertain voice vote,the Moderator called for a standing vote on Article 16, tallied as follows: � Precinct Yes No 1 11 7 ,�, 2 4 13 3 8 10 4 5 15 5 7 9 6 5 11 7 3 15 . g 4 13 9 1 13 AL 3 6 Total 51 112 9:26 p.m. With 51 in favor and 112 in opposition,less than the necessary two-thirds vote,the Moderator declared the motion under Article 16 Not Adopted. 9:30 p.m. With Article 7 to be discussed on April 5�',members questioned availabiliiy of Plarining Board Report on the article. Planning Board Member Charles Hornig explained status of the reports and availability prior to the Apri15�'meeting. 9:35 p.m. Selectman Jeanne Krieger moved the meeting be adjourned unti17:30 p.m., Wednesday, April 5, 2006, Cary Memorial Building. Unanimously Adopted. A true copy. � �--� Attest: �l_ „_,; (j1 Donna M. Hooper, To � Clerk _ __. - -- _ _ _ ___ _ _ _ _ __ . _. _ __ � . __._ . __ _ _ -- _ 341 Adjourned session of the 2006 Annual Town Meeting Apr•il 5,2006 Moderator Margery M.Battin called the third session of the 2006 Annual Town Meeting to order at 7:30 p.m.,Cary Memorial Building. A quorum of 173 members was present. The meeting was recessed for a presentation by the Town Meeting Members Association to members with over thirty years service,and special recognition to member Richard Battin,having attained 50 years of continuous service. Selectman Norman Cohen recognized Mr.Battin. 7:41 p.m. The meeting having been called to order, Seleetman Jeanne Krieger moyed the . � Report of the Board of Health be accepted and.placed on file: Adopted Unanimously L,__ Chairman Wendy Bernays resented the Re ort of the Board of Health on Avian flu lannin . P P P g 7:58 p.m. Anthony Galaitsis moved the Report of the Ad Hoc Committee Under Article 40— Engine Run Up be accepted and placed on file. Adopted Unanimously Mr. Galaitsis presented the Committee's progress report. 8:04 p.m. Steven Kropper,pr.2, moved the Report of the Energy Conservation Committee be accepted and placed on file. Adopted Unanimously Mr.Kropper presented an oral report. 8:09 p.m. Presented by Sheila Watson,pr.6. ARTICLE 7: ZONING BY-LAW, AMEND CD-7 TO CD-13, STARWOOD HOTELS & RESORTS, 727 MARRETT ROAD o�b � � b . r+ y n MOTION: That the Code of the Town of Le�ungton,Zoning By-Law and the Zoning Map of the a rt e° Town of Le�ngton,be amended to change the zoning district designation of that �� a property coinmonly known as 727 Marrett Road,Lexington,MA,and more �� specifically described in the metes and bounds legal description shown in Exhibit A, �,G, � on file with the Board of Selectmen and Town Clerk and incorporated herein,from r''� �, the current CD-7,Planned Commercial District to CD-13,Planned Commercial ,,,� `� District to allow construction of a hotel building(s)for all purposes for which a hotel o� � j— use is allowed under the Zoning By-Law. The land in the CD Planned Commercial °,y � District shall be subject to the Preliminary Site Development and Use Plan dated � rt �,_,,., December 28,2005,revised March 29,2006,and filed with the Planning Board and � a the Town Clerk. r. cr �� . � Planning Board Member Charles Hornig disclosed his son's employment at tlie Sheraton � � Hotel and his intent to participate in the vote. � m � - m � 8:10 p.m. John Farrington, Attorney for the proponent, and John Fotiadis, Architect, °� � Costa.s, Kondylis and Partners Architects; p'resented proposed development requiring o� requested zoning change. � 8:24 p.m. Richard Canale moved the Report of the Planning Board on Article 7 be ' accepted and placed on file. Adopted Unanimously . Mr. Canale summarized�the report,recommending disapproval of the motion. 8:37 p.m. Selectman Norman Cohen reported the four members present from the Board of Selectmen were in support of the motion(Kelley absent). 8:44 p.m. Elaine Dratch,pr.5,reported the Transportation Advisory Committee supported the proposal's iransportation mitigation piece. �-- 8:49 p.m. Dawn McKenna,pr.6,reported the unanimous support of the Tourism ICommittee. 8:51 p.m. Lisa Baci,pr.4,reported the Sidewalk Committee had taken no position but , did support the transportation mitigation efforts. 8:52 p.m. Loretta Porter,pr.5, questioned the minority report of the Planning Board 8:53 p.m, Planning Board Chairperson Wendy Manz reported the minority's support. 8:59 p.m. Planning Board member Charles Hornig reported support. 9:01 p.m. Executive Directar Mary Jo Bohart, Lexington Chamber of Commerce, . reported unanimous support of the Chamber. Members spoke in support and opposition, questioning traffic, density, and design issues. 9:30 p.m. Director John Ott,National Heritage Museum, spoke in support. 3 4 2 2006 Annual Town Meetin Ad'ourned Session o A ri15 2006 cont... g � fp � 9:39 p.m. Discussion continued,with members speaking in support and opposition. 9:49 p.m. Maxsha Baker,pr.7, called the question. Adopted 9:51 p.m. John Farrington summarized•for the proponent. 9:51 p.m. The Moderator called for a standing vote on Article 7, ta.11ied as follows: - Precinct Yes No 1 17 1 2 15 4 3 12 6 4 14 4 � 5 15 2 6 14 6 � 7. ' . . ` 17 2 `, �t 8 13 g 9 13 4 AL 7 2 Total 137 36 9:53 p.m. With 137 in favor and 36 in opposition,more than the necessary two-thirds vote,the Moderator declared the motion under Article 7 Adopted. 9:57 p.m. James Barry,pr.l, served notice of reconsideration on Article 7. 9:58 p.m. Presented by Ephraim Weiss,pr.5. ARTICLE 15: AMEND GENERAL BY-LAWS TO CREATE ENERGY COMMITTEE MOTION: Resolved: (1) That the Town Meeting urges the Selectmen to direct the Energy Conservation Committee to immediately initiate and pursue development of a plan for the prudent energy management of school and municipal buildings,which will include the following: a. An inventory of existing operations, b. A system for tracking utilities and energy use, c. An analysis of costs and energy use, d. A schedule for building repair`and maintenance,training personnel, and recordkeeping ---� e. Periodic reporting to the Board of Selectmen and to the Appropriation Committee. And further that the Town Meeting urges the Selectmen to direct the Energy Conservation Committee to issue a report to the Town Meeting Members in a timely manner in advance of all future Town Meetings. Such reports should contain: a. Energy Conservation Committee's findings and recommendations on matters related to energy use; li. Analysis and recommendations on all energy-related articles, including energy trade- offs. (2)That the Town Meeting requests that the Selectmen appoint an ad hoc Institutional Task Force for the purpose of exploring alternative instiiutional means for ensuring that funds appropriated by the Town Meeting for maintenance,repair and energy conservation in the Town's public schools are used only for the purpose intended. Such means may include possible changes to the Town's By-Laws, or requesting special legislation before the Massachusetts General Court; That the ad hoc Institutional Task Force shall consist of five members: one each from the Board of Selectmen,the School Committee, and the TMMA Executive Committee, and two individuals with at least ten years experience in town government and with town budgets; And that the ad hoc Institutional Task Force be charged with reporting its findings and �} recommendations prior to the next Annual Town Meeting, after which it shall be discharged. � ------------------------- �1 10:00 p.m. Andrew Friedlich,pr.5, questioned if the current motion is within the scope of , the Article. Moderator Margery Battin affirmed a resolution can be made in place of the original bylaw change proposed. Ephraim Weiss explained the revised motion, a resolution, and requested the motion be divided and voted upon separately. _ _ _ __ . _ _ _ -- --__ __. _. __ _ -- ___ _. _ _ _ __ � _ __ __ _ _ ___ _ 343 , 2006 Annual Town Meeting,Adjourned Session of April S,2006 cont... 10:02 p.m. Thomas Diaz,pr.2,moved the following amendment: AMENDMENT: Change the sentence in Part 1 to read; e. "Periodic reporting to the Board of Selectmen,the School Committee,the Appropriation Committee, and the Capital Expenditures Committee." Change the first sentence in Part 2 to read: (2) That the Town Meeting requests that the Selectmen appoint an ad hoc Institutional Task Force for the purpose of exploring alternative institutional means for ensuring that funds appropriated by the Town Meeting for maintenance, repair and energy conservation in the Town's public school and municipal buildings are used for the purpose intended. _ Change the sentence in part 2 to read: That the ad hoc Institutional Task Force shall consist of five members: one each from the Bo.ard of Selectmen,the School Committee, and Town Meeting, and two individuals with at least ten years experience in town government and with town budgets; 10:04 p.m. Vote on Part 1 Amendment -Adopted 10:05 p.m. Selectman Jeanne Krieger reported the unanimous support of the Board of Selectmen on the motion under Part 1 as amended, and advised.this is the intent of the Energy Committee. � 10:06 p.m. School Committee member Tom Diaz reported the unanimous support of the School Committee for Part 1 as amended. 10:07 p.m. Alan Levine reported the Appropriation Committee was taking no position. 10:07 p.m. Vote on Part 1 as amended—Motion Adopted Ephraim Weiss reviewed Part 2 of the motion. 10:15 p.m. Members questioned School Committee authority and Ephraim Weiss reiterated the intent of the motion. 10:19 p.m. Vote on Part 2 of Amer�dment by Mr. Diaz—Motion Adopted � 10:20 p.m. Selectman Jeanne Krieger reported the support of the Board of Selectmen, by a majority vote of inembers present, for Part 2 as amended. �--� 10:20 p.m. Thomas Diaz reported the endorsement of the School Committee (3-2)on Part 2, as amended. Thomas Griffiths,pr.7, spoke on the minority opinion of the School Committee and on energy conservation measures taken by the schools. - 10:25 p.m. Members spoke in support and opposition to Article 15, Part 2 as amended, and on the authority of the School Committee over the school budget. 10:43 p.m. Vote on Part 2, as amended,tallied as follows: Precinct Yes No _ 1 11 5 2 6 7 3 10 8 4 6 11 ' 5 11 5 6 8 ' 12 7 9 9 8 3 12 9 8 6 - AL 6 3 Total 78 7g 10:48 p.m. With 78 in favor and 78 in opposition,the Moderator declared the motion under A,rticle 15,Part 2 Not Adopted. Charles Lamb,pr.4,serveci notice of reconsideration on Article 15. `_. 10:48.p.m. Selectman Jeanne Krieger moved the meeting be adjourned unti17:30 p.m.,Monday, April 10,2006,Cary Memorial Buildi�g. Motion Adopted A true copy. Attest: �l�i� Donna M.Hooper,Town Cle 344 Adjourned session of the 2006 Annual Town Meeting Apri110,2006 Moderator Margery M. Battin called the fourth session of the 2006 Annual Town Meeting to order at 7:30 p.m., Cary Memorial Building. A quorum of 175 members was present. 7:33 p.m. The 1VIoderator called a recess for award presentation. LHS Principal Michael Jbnes and Representative Jay Kaufinan presented the awards to Lexington High School students. Representative Jay Kau�inan presented the recently awarded League of Women Voters Unsung Hero Award to Angela`Jere' Frick. ARTICLE 2: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES 7:53 p.m. Selectman Jeanne Krieger moved the Report of the Town Manager be accepted and placed on file. Unanimously Adopted 7:54 p.m. Town Manager Carl Valente presented the Report of the Town Manager. 8:24 p.m. Presented by Selectman Jeanne Krieger. ARTICLE 17: APPROPRIATE FY2007 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. Additional FY 2007 Appropriation, Contingency FY 2007 Contingent on Budget $ Budget Override Vote (Informational , $ $ Purposes Only) Program 1000: Education , � . 1100 Lexington Public Schools 61,655,492 3,774,986 ' 65,430,478 � (And further that the School Department is authorized to enter into equipment lease/purchase agreements from time to time provided that each such agreement is subject to annual appropriations.) 1200 Regional School 1,024,817 1,024,817 Program 2000: Shared Expenses 2100 Benefits 2110 Contributory Retirement 3,342,331 3,342,331 2120 Non-contributory Retirement 62,000 62,000 2130 Group Insurance 18,127,285 185,330 2 18,312,615 2140 Unemployment 70,000 70,000 2150 Workers Compensation* 190,000 190,000 2160 Property &Liability Insurance ' 625,335 625,335 2170 Uninsured Losses* 35,000 35,000 2180 Post-Employment Health Benefits 2200 Debt Service 2210 Payment on Funded Debt 2,837,006 2,837,006 2220 Interest on Funded Debt 634,097 634,097 2230 Temporary Borrowing 248,958 248,958 � 2300 Reserve Fund 2300 Reserve Fund � 400,000 400,000 .__. Program 3000: Community Services � 3100-3500 DPW Personal Services 3,097,036 57,500 3 3,154,536 3100-3500 DPW Expenses 4,582,226 211,000 4 4,793,226 3600 Transportation Personal Services 125,305 125,305 3600 Transportation Expenses 322,182 50,000 5 372,182 Program 4000: Public Safety 4100 Law Enforcement Personal Services 4,074,149 74,317 6 4,148,466 ____ _ . __ _____ ______ _ -_ � _. - --__ ___ _ _.---- � _. _______. _ . ____ .__-___. ____ __ � 345 2006 Annual Town Meeting,Adjourned Session of April 10,2006 cont... . Additional FY 2007 Appropriation Contingency FI'2007 ,contingent Budget$ . Budget$ on Qverride (Informational � VOte$ Purposes Only� 4100 Law Enforcement Expenses 415,989 47,000' 462,989 4200 Fire/Medical Personal Services 4,090,640 4,090,640 4200 Fire/Medical Expenses 403,311 44,812 8 448,123 Program 5000: Culture&Recreation - 5100�Library Personal Services - 1,462,728 1U0,577 9 ' 1,563;305_ . _ 5100 Library Expenses 447,567 19,423 '° 466,990 Program 6000: Social Services 6100-6200 Social Services Personal Services 369,216 369,216 �. 6100-6200 Social Services Expenses 277,800 9,125 " 286;925 Program 7000: Community Development 7100 Community Development Personal Services 694,454 44,26012 738,714 7100 Community Development Expenses 60,019 60,019 7200 Planning Personal Services 204,032 204,032 7200 Planning Expenses 8,450 8,450 7300 Economic Development Personal Services 36,699 58,50013 95,199 7300 Economic Development Expenses 69,643 69,643 Program 8000: General Government ' 8100 Board of Selectmen 8110 Board of Selectmen Personal Services 62,681 62,681 8110 Board of Selectmen Expenses � . 69,150 69,150 � 8120 Legal Services 350,000 350,000 8130 Tovcm Report 6,500 6,500 8200 Town Manager 8210-8220 Town Manager Personal Services 403,042 67,50014 470,542 8210-8220 Town Manager Expenses 130,067 26,00015 156,067 8230 Salary Transfer Account* � 241,903 241,903 (As authorized by the Town Mana.ger with approval of the Board of Selectmen.) 8300 Town Committees - 8310 Finance Committees 1,500 � 1,500 8320 Misc. Boards and Committees 8,755 8,755 8330 Public Celebration Committee . 28,500 28,500 8400 Finance Personal Services 953,502 953,502 8400 Finance Expenses 253,579 11,121 16 " 264,700 8500 Town Clerk Personal Services 271,791 20,000 " 291,791 8500 Town Clerk Expenses 72,625 1,000 '$ 73,625 8600 MIS Personal Services 108,371 72,100 '9 180,471 8600 MIS Expenses 279,050 279,050 and that the Town transfer the following sums to meet, in part, appropriations made at this Town Meeting: . $340,000 from the Parking Meter Fund for line-items 3100-3500, 3600 and 4100; $100,000 from the Cemetery Trust Fund for line item 3100-3500; $23,000 from Receipts Reserved for Appropriations for line-item 3600; $2,000,000 from Unreserved Fund Balance/Free Cash; $918,613 from the Water Enterprise Fund; _ $774,300 from the Sewer Enterprise Fund; and$134,400 from the Recreation Enterprise Fund. Items marked with an(*)are Continuing Balance Accounts, Supplemental Information: The$4,891,751 of contingent appropriations contained within this motion are to be divided in the following manner: '$3,774,986 for the Lexington Public Schools for basic,enhanced and preventative maintenance services. Z$202,530 for related employee benefits costs 3$57,500 for a Highway Superintendent 4$211,000 for the CRT recycling progam,yard-waste pick-up progam,building maintenance services&prog�ams equipment and tree planting 5$50,000 for Lexpress transportation services 6$74,317 for Police administrative personnel and o�ficers. 3 4 6 2006 Annual Town Meetin ,Ad'ourned Session o A ril 10, 2006 cont... g J .f P �$47,000 for Police equipment&materials 8$44,812 for Fire equipment&materials 9�'o$120,000 for Library Services&Hours "$9,125 for Social Services programs&materials IZ$44,260 for Conservation and Inspectional personnel 13$58,500 for Economic Development personnel 'a$67,500 for IFuman Resources personnel � ls$26,000 for Organizational Training and Committee Support 16$11,121 for Finance Programs/Audit Support 17$20,000 for ArchivaURecords Management personnel 18$1,000 for Town Clerk programs 19$72,100 for MIS personnel �---, 8:25 p.m. Selectman Jeanne Krieger summarized the budget process and reported the` . support of a majority of the Board of Selectmen for Article 17. Selectman Richard Pagett presented a minority report. Members questioned the school budget procedures. 8:30 p.m. Alan Levine, Chair of the Appropriation Committee,reported a majority of the Appropriation Committee recommends support of Article 17. Appropriation Committee member Paul Har�burger presented a minority opinion. 8:37 p.m. School Committee Chairman Helen Cohen reported the unanimous support of the School Committee for Article 17, and 4-1 vote of support on the Article with amendment to be proposed. Superintendent of Schools Paul Ash presented requested School Department funding. 9:05 p.m. Olga Guttag presented a minority report of the School Committee. 9:07 p.m. James Goell, 6 Boxwood Lane, spoke from the audience on budget tightening. 9:32 p.m. After a 15 minute"recess Fred Rosenberg,pr.9, spoke on his plans to propose an amendment to line item 1100 . �—, � 9:38 p.m. Fred Rosenberg,pr. 9,moved the following amendment: � AMENDMENT: That the Main Motion under Article 17 be amended by increasing the amount appropriated in Line Item 1100 (Lexington Public Schools) in the FY2007 budget(not contingent on override vote)by an additional sum of$674,877 and reducing the additional appropriation confingent on an override vote by $674,877, � thus maintaining the FY2007 Contingency Budget of$65,430,478 and that Town _ Meeting recommends said sum be allocated in the FY2007 budget to the following expenditures: 3-5 Spanish Program , $385,377 - Honors, Level 1 &2 Science classes (retain 6 classes per week) $153,000 Debate Travel Budget $ 15,000 4/5 Elementary Instrumental Music $121.500 Total: $674,877 And further recommends that to meet this additional appropriation in the FY2007 budget of Line Item 1100,the Town raise the following amounts: Increase fees for school related activities or services r---, Total: ------------------ $674,877 � 9:40 p.m. Chairman Helen Cohen reported the School Committee's opposition to the , amendment(4-1). 9:43 p.m. Chairman Jeanne Krieger reported a majority of the Board of Selectmen opposes the amendment. ' 9:44 p.m. Appropriation Committee Chairman Alan Levine spoke to the issues with proposed fe.es and revenue projected, and on unanimous opposition of the Appropriation Committee to the Amendment. . _ __ _ _ _ _ _ _ __ . __ --- _ _ _ . _ � _ __ __ _ _ _ _ _. ----- ( 347 2006 Annual Town Meeting,Adjourned Session of April 1 D,2006 cont... Alan Levine moved the Report of the Appropriation Committee be accepted and placed on file. Unanimously Adopted 9:46 p.m. �Members spoke in support and opposition to the amendment, questioning fee changes and the role of Town Meeting and Town Committees. 10:01 p.m. Jeffrey Crampton, 7 Lockwood Road, spoke in support from the audience. 10:02 p.m. Members continued to question program fees and.proposed changes. 10:07 p.m. Ephraim Weiss,pr.5,moved'to extend the time for debate until lU:3Q p.m. Motion Not Adopted ^ 10:08.p.m. The Moderator declared the Amendment�Tot Adopted. 10:09 p.m. Members further questioned requested school funding and breakdown in nuxnbers. Superintendent Paul Ash responded. 10:28 p.m. Questions were raised on health benefit costs covered in school and municipal budgets. These issues were addressed by Selectman Krieger and Cohen. 10:34 p.m. Selectman Jeanne Krieger moved the meeting be adjourned until 7:30 p.m., Monday,April 24, 2006, Cary Memorial Building. Motion Adopted . A true copy. Attest: � � Donna M. Hooper, To Clerk Adjourned se'ssionr of the 2006 Annual Town Meeting l Apri124,2006 �I Lr Moderator Margery M. Battin called the fift�i session of the 2006 Annual Town Meeting to order at 7:30 p.m., Cary Memorial Building. A quorum of 167 members was present. 7:33 p.m. The Moderator declared a recess for the Joyce Miller, Conservation Commission and Stewart Kennedy, Bicycle Advisory Committee,presenta.tion to recognize Mike Tabaczynski for his trail building efforts. ARTICLE 2: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES 9:39 p.m. Selectman Jeanne Krieger mbved the Report of the Selectmen on the Progress of Town Meeting be accepted arid placed on file. Unanimously Adopted Selectman Krieger reported an interest to complete Town Meeting Apri126�'.. - 7:40 p.m. Chaiiman Alan Levine presented the report of the Appropriation Committee filed with the Town Clerk in an earlier meeting. Mr. Levine reported a majority af the Appropriation Committee supports the FY2007 budget. 7:51 p.m. Scott Burson,pr.4,,former Trustee of Cary Library,moved the combined Report of the Trustees of Cary Library and Fo�ndation be accepted and placed on file. - Unanimously Adopted 8:06 p.m. Selectrnan Hank Manz moved the Report of the Commission on Disability be accepted and placed on file. Unanirnously Adopted Chairman Victoria Buckley presented the Commission's Report. 8:11 p.m. Selectman Hank Manz moved the Report of the Transporta.tion Advisory � Committee be accepted and placed on file. Unanimously Adopted Chairman Sara Arnold presented the Committee's Report. 348 2006Annual Town Meeting,Adjourned Session ofApril 2�2006, cont... ARTICLE 17: APPROPRIATE FY2007 OPERATING BUDGET (see April 10, 2006 motion) 8:18 p.m. Ephraim Weiss,pr.5, moved the following amendment: AMENDMENT: (a) � That the Main Motion under Article 17 be amended by increasing the amount appropriated in Line Item 1100(Lexington Public Schools)in the FY 2007 budget(not contingent on override vote)by an additional sum of$177,216 and reducing the additional appropriation contingent on an override vote by$177,216,thus maintaining the FY2007 Contingency Budget of$65,430,478 and that Town Meeting recommends said sum be allocated in the FY2007 budget to the following expenditures: ;--, Additional Cuts to be found $177;216 and further recommends that to meet this additional appropriation in the FY2007 budget of Line Item 1100,the Town raise the following amounts: Increase fees for school related 177 216 activities or services � (b) Town Meeting recommends that the School Committee adopt adjustments to the proposed at risk list that would protect the following Fundamental Core Curriculum Programs: 3-5 Spanish Program $385,377 Honors,Level 1 &2 Science classes (retain 6 classes per week) $153,000 Debate Travel Budget . $ 15,000 4/5 Elementary Instrumental Music $121,500 � Tota.l: $674,877 And that in order to maintain the total at risk list,the School Committee put at risk instead the following: � 4/5 Elementary Instrumental Music $121,500 After school activities 553 377 � , Total: $674,877 And further recommends that in the event the override does not pass,these two programs be --{ maintained and funded through implementation of user fees. ------------------------- ,e, 8:21 p.m. Dawn McKenna,pr.6,presented justification for requested action. 8:25 p.m. Chairman Helen Cohen reported opposition to the amendment by a majority of the School Committee. 8:28 p.m. Chairman Jeanne Krieger reported opposition to the amendment by a majority of the Board of Selectmen. ' � 8:29 p.m. School Committee member Olga Guttag presented a minority report in support of Part B of the amendment. 8:32 p.m. Chairman Alan Levine reported a majority of the Appropriation Committee opposes Part A of the amendment(3-2) and Part B of the amendment(4-1). 8:32 p.m. Members questioned if this amendment was sufficiently different to the amendment defeated at the last meeting. The Moderator ruled the amendments to differ. � Discussion continued on choice of items to be funded contingent upon a proposition 2 %2 override vote. 8:42 p.m. Selectman Richard Pagett reported his minority support for the Amendment, Parts A& B. 8:46 p.m. Following further discussion,on proposed amendment and associated fees, � Edith Sandy,pr.6, moved to extend debate beyond the 30 minutes. I Motion Not Adopted `—, 8:52 p.m. Part"A" of Weiss amendment—Not Adopted Part"B" of Weiss amendment—Not Adopted 8:53 p.m. Chauman Helen Cohen reported the unanimous support of the School Committee on line item 1100 8:54 p.m. Marjorie Dagett,representative to the School Committee of the Minuteman � Regional Vocational High School, explained requested funding for line item 1200 Regional Schools. _ _ __ _ _ __ __ ___ _ --- � __ _ ____.__ _ _.. 349 2006 Annual Torocn Meeting,Adjourned Session of April2�2006 cont... 9:03 p.m. School Committee member Thomas Diaz moved the following amendment to line item 2130: AlVIENDMENT: In Article 17,line item 2130, "Group Insurance" substitute the amount$185,330 for$202,530 under the column"Additional Appropriation Contingent on Override Vote". Mr. Diaz reported this is a housekeeping amendment to reflect needed group insurance funds. 9:04 p.m. Diaz Axnendment Unanimously Adopted 9:05 p:m. 1Vlembers questioned insurance e�penses for school and municipal operations. Town Manager Carl Valente reported the Selectmen and School Committee will be starting.discussions on position to take regarding bargaining on group insurance offerings. 9:25 p.m. Additional discussion on insurance costs and breakdown ensued. 9:29 p.m. Chairman Alan Levine repor�ed the majority of the Appropriation Committee supports Article 17. 9:29 p.m. Vote on Article 17—Motion Adopted 9:29 p.m. Alan Levine,pr.8, served notice of reconsideration on Article 17. Thomas Diaz,pr.2, served notice of reconsideration on Article 17, line 1100. 9:30 p.m. Presented by Selectman Richard Pagett. ARTICLE 18: APPROPRIATE FY2007 ENTERPRISE FUNDS 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 2007;under the provisions of M.G.L.chapter 44,section 53F%2: Salaries $ 580,799 Expenses 716,835 MWRt1 Assessment � ' 4,341,830 Debt Service(non-exempt) , 398,671 Total $6,038,135 And to authorize the Board of Selectmen to transfer$918,613 from the water enterprise fund to the general fund for indirect water expenses appropriated in the general fund. � Said sum to be funded from water receipts. 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 2007;under the provisions of M.G.L.chapter 44,section 53F'/2: Salaries $ 241,161 Expenses 478,972 . MWRA Assessment 5,782,838 Debt Service(non-exempt) 351.643 Total $6,854,614 And to authorize the Board of Selectmen to transfer$774,300 from the wastewater enterprise fund to the general fund for indirect wastewater expenses appropriated in the general fund. Said sum to be fiznded from wastewater receipts. c)That the Town appropriate the following sums of money to operate the Recreation Department during fiscal year 2007;under the provisions of M.G.L.chapter 44,section 53F'/2: Salaries $ 558,526. Expenses 899,978 Debt Service(non-exempt) 168.000 Total , $1,626,504 And to authorize the Board of Selectmen to transfer$234,400 from the recreation enterprise fund to the general fund for indirect recreation expenses appropriated in the general fund. ' Said sum to be funded from recreation receipts. ----------------------------- 9:30 p.m. Selectman Pagett reported the.unanimous support of the Board of Selecimen. 9:33 p.m. Loren Wood,pr.3, Chairma�of the Ad Hoc Water and Sewer Rate Study - Comxnittee,presented the report of the Committee. 3 � 0 2006 Annual Town Meetin Ad'ourned Session o A ril2 2006 cont... S I .f P � 9:36 p.m. Paul Chernick,pr.6, spoke on restoration of PILOTS (payment in lieu of taxes). 9:38 p.m. Members questioned the phasing out of depreciation. � 9:39 p.m. Eric Michelson,pr.l,reported tne Appropriation Committee was unanimous -in recommending approval. 9:40 p.m. Motion Unanimously Adopted. 9:41 p.m. Presented by Selectman Peter Kelley. � ARTICLE 19: APPROVE:SENIOR TAX RELIEF � �iC � �--� (Accept Chapter 59, Section�; Clause �) . I � MOTION: That for FY2007 the maximum tax exemption allowed under Section J � 5, Clause 41 C of Chapter 59 of the Massachusetts General Laws be increased to $1,000. • 0 9:41 p.m. Alan Levine,pr.8, served notice of reconsideration on Article 18 and reported the Appropriation Committee was unanimously in support of Article 19. 9:41 p.m. Victoria Blier,pr.9, Chairman of the T�Deferral and Exemption Study Committee, explained requested action. 9:44 p.m. Motion Unanimously Adopted. 9:45 p.m. Presented by Selectman Norman Cohen. ARTICLE 20: ESTABLISH PROPERTY TAX DEFERRAL tNTEREST RATE � FOR FY2007 MOTION: That for FY2007 and thereafter the interest rate for owners of real property who have entered into a tax deferral and recovery agreernent as provided by Clause 41A of Section 5 of Chapter 59 of the Massachusetts General Laws shall be the monthly 1-year constant maturiiy treasury rate for the first week of 1Vlarch prior to the applicable fiscal year as published by the Federal Reserve, or eight percent, whichever rate is lower. 9:45 p.m. Norman Cohen reported the unanimous support of the Boaxd of Selectmen. 9:45 p.m. Victoria Blier, Chairman of the Tax Deferral and Exemption Siudy Committee, explained requested action. 9:49 p.m. Alan Levine, Chauman,reported the unanimous support of the Appropriation Committee. ~ 9:49 p.m. Motion Unanimously Adopted. 9:49 p.m. Charles Lamb,pr.4, served notice of reconsideration on Articles 19 &20. Selectman Peter Kelley mo�ed Articles 21 &22 be taken up together and voted separately. Motion Adopted 9:50 p.m. Presented by Selectman Peter Kelley. Selectman Peter Kelley reported the unanimous support of the Board of Selectmen for Articles 21 &22. Alan Levine reported the unanimous support of the Appropriation Committee for Articles 21 &22. ARTICLE 21: RESCIND MGL CHAPTER 59, SECTION 5K - (PROPERTY TAX WORK-OFF PROGRAM) MOTION: That the Town hereby revokes its acceptance of Section SK of Chapter 59 of the Massachusetts General Laws. 9:53 p.m. Motion Unanimously Adopted. ARTICLE 22: APPROPRIATE FOR SENIOR SERVICE PROGRAM MOTION: That the Town appropriate $25,000 for the purpose of conducting a Senior Service Program,to be spent under the direction of the Town Manager; that to meet this appropriation$25,000 be raised in the ta��levy; and that the Board of Selechnen be authorized to establish rules and regulations for the conduct of the program. � , 9:53 p.m. Motion Unanimously Adopted. 9:53 p.m. Alan Levine,pr.8, served notice of reconsideration on Articles 21 &22. .___ _. ___ _ _ _ ___ __ _ � _____ _ _ _ _ _ _ 2 6 Ann T � � � 00 ual awn Meetmg,Ad�ourned Session ofApri12�2006 cont... 9:54 p.m. Presented by Selectman Jeanne Krieger. ARTICLE 23: CONTINUE DEPARTMENTAL REVOLVING FUNDS MOTION: That the Town continue revolving funds for certain Town departments pursuant to the provisions of M.G.L. chapter 44, section 53E'/Z for the fiscal year beginriing July 1, 2006. FY2007 Revolving Fund Authority to Spend Revenue Source Use of Fund Budget DPW Burial Public Works Sale of Grave Program $33,000 , Containers Director Boxes and Burial Expenses ` - � � Vaults �.-.- DPW Compost Public Works Sale of Compost Personnel, $200,000 Operation Director and Loam,Yard Benefits and Waste Permits Program Ex enses � CATV Board of Selectmen License Fees from PEG Contract and $400,000 Operations and Town Manager Cable TV Related Expenses Providers � Tree Fund Board of Selectmen Gifts and Fees Program $75,000 Ex enses . 9:54 p.m. Jeanne Krieger reported the support of the majority of the Board of Selectman. Alan Levine,pr.8,reported the unanimous support of the Appropriation Committee. 9:55 p.m. Members questioned revenue from the tree fund. 9:56 p.m. Motion Unanimously Adopted. 9:57 p.m. Alan Levine,pr.8, served notice of reconsideration on Article 23. 9:58 p.m. Presented by Selectman Norman Cohen. ARTICLE 24: ACCEP�'.CHAPTER 157 OF THE ACTS OF 2005 MOTION: That the Town hereby accepts (a) Subdivision(2)(e) of Section 7 of Chapter 32 of the Massachusetts General Laws as inserted by Section 1 of Chapter � 157 of the Acts of 2005 and (b) Section 2 of Chapter 157 of the Acts of 2005. 9:58 p.m. Norman Cohen explained the additional retirement allowance for veterans on disability and reported the unanimous support of the Board of Selectmen. 9:58 p.m. Robert Cunha,pr.2, spoke in favor and responded to questions on behalf of the Retirement Board ' � 10:01 p.m. Richard Eurich reported the support of the Appropriation Committee (8-1)on section 1, and(7-2) on section 2. 10:03 p.m. Motion Unanimously Adopted. 10:04 p.m. Selectrnan Richard Pagett moved to defer action on Article 25 until after Article 28. Motion Unanimously Adopted. � 10:04 p.m. Presentecl by Dawn McKenna,pr.6. ARTICLE 26: APPROPRIATE FOR OUTDOOR SOUND SYSTEM . MOTION: That this article be indefinitely postponed. 10:05 p.m. Motion Unanimously Adopted � 10:06 p.m. Selectman Peter Kelley moved Article 29 be taken up. Unanimously Adopted 10:06 p.m. Presented by Selectmen Peter Kelley. ARTICLE 29: APPROPRIATE FQR WATER DISTRIBUTION IMPROVEMENTS MOTION: That the Selectrnen be and they hereby are authorized to install new water -- mains and replace or clean and line existing water mains 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 appropriate the Treasurer with the approval of the Board of Selectmen is authorized to borrow$900,000 under M.G.L. c.44 §8 or any other enabling authority;and that the Treasurer with the approvai 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 ageement andlor� security agreement. 352 2006 Annual Town Meeting Adjourned Session ofApril2�2006 cont... 10:06 p.m. Peter Kelley reported the support of the Board of Selectmen. 10:06 p.m. Alan Levine reported the unanimous support of the Appropriation Committee. Members questioned coordination of projects. 10:10 p.m. Motion Declared Unanimou9ly Adopted by the Moderator. 10:10 p.m. Charles Lamb served notice of reconsideration of Article 29. 10:11 p.m. Presented by Selectman Richard Pagett. ARTICLE 30: APPROPRIATE FOR WATER METERS MOTION: That$500,000 be appropriated to complete the purchase of an automated water meter reading system for the Departrnent of Public Works; and that to meet this appropriation the Treasuxer;with the approval of the Board of Selectmen, - is authorized to borrow$500,000 uncler M.G.L. c.44, §8 or any other enabling authority. 10:11 p.m. Selectman Pagett reported unanimous support of the Board of Selectmen. 10:12 p.m. Ted Edson reported the unanimous support of the Capital Expenditures Committee. 10:12 p.m. Alan Levine reported the unanimous support of the Appropriation Committee. 10:13 p.m. Motion Declared Unanimously Adopted by the Moderator. 10:14 p.m. Charles Lamb served notice of reconsideration of Article 30. 10:16 p.m. Presented by Selectman Peter Kelley. ARTICLE 31: APPROPRIATE FOR SEWER IMPROVEMENTS MOTION: That the Selectmen be and they hereby are authorized to install sewer mains and sewerage systems and replacements thereof in such accepted or unaccepted streets or other land as the Selectrnen may determine, subject to the assessment of betterments or otherwise, in accorda�ce with Chapter 504 of the Acts of 1897, and acts in addition thereto and amendment thereof, 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 $300,000 and to raise such amount the Treasurer with the approval of the Boazd of Selectmen is authorized to borrow$300,000 under M.G.L. c.44, §7(1) or any other enabling authority; and that the Treasurer with the approval of the Boazd of � Selectmen is authorized to borrow all or a portion of such amount from the Massachusetts Water Resources Au#�ority and in connection therewith to enter into a "r loan agreement and/or security agreement. 10:14 p.m. Peter Kelley reported the support of the Board of Selectmen. 10:15 p.m. Ted Edson reported unanimous support of Capital Expenditures Committee. � 10:15 p.m. Alan Levine reported the unanimous support of the Appropriation Committee. 10:16 p.m. Motion Declared Unanimously Adopted by the Moderator. 10:17 p.m. Norman Cohen moved to ta.ke up Article 34. Unanimously Adopted. 10:17 p.m. Charles Lamb served notice of reconsideration of Article 31. 10:17 p.m. Presented by Selectman Norman Cohen. ARTICLE 34: APPROPRIATE FOR FISKE SCHOOL CONSTRUCTION MOTION: That$250,000 be appropriated for the construction of the Fiske Elementary School, including original equipment and landscaping,paving and other site improvements incidental or directly related to said construction,to be spent under the direction of the Permanent Building Committee; and that to raise such amount $250,000 be transferred from the Unreserved Fund Balance. 10:19 p.m. Ravi Sakhuja reported the unanimous support of the School Committee � 10:19 p.m. Charles Lamb,pr.4,reported unanimous support of Appropriation Committee. �---� 10:19 p.m. Alan Levine,pr.8,reported unanimous support of the Capital Expenditures Committee. .� 10:19 p.m. Motion Unanimously Adopted. 10:21 p.m. Thomas Griffiths,pr.7, moved Article 33 be taken up. Motion Adopted. 10:21 p.m. Presented by Thomas Griffiths,pr.7. ARTICLE 33: APPROPRIATE FOR SCHOOL ADMINISTRATION BUILDING MOTION: That this article be indefinitely postponed. 10:23 p.m. Hank Manz,pr.9,reported the unanimous support of the Board of Selectmen. _ _ _ ___ __ __ __ . � _ __ __ ___ _ --_ _ __ _ _- __ --- —__— _ 353 2006 Annual Town Meeting,Adjourned Session of April2�;2006 cont... 10:23 p.m. Charles Lamb reported unanimous support of the Capital Expenditures Committee. • 10:23 p.m. Alan Levine,pr.8,reported the unanimous support of the Appropriation Committee. � 10:23 p.m. Members questioned expenditures made thus far on this project. 10:24 p.m. -Motion Adopted. 10:27 p.m. Norman Cohen moved Article 39 be taken up. Motion Adopted. ARTICLE 39: APPROPRIATE FOR POST EMPLOYMENT BENEFITS MOTION: That this articie be indefinitely postponed. 10:27 p.m. Alan Levine,pr.8, reported the unanimous support of the Appropriation __ Committee. 10:27 p.m. Motion Unanimously Adopted. 10:29 p.m. Charles Lamb served notice of reconsideration of Article 34. 10:30 p.m. Selectman Jeanne Krieger moved the meeting be adjourned unti17:30 p.m., Wednesday, Apri126, 2006 at the Cary 1�Iemorial Building. Motion Unanimously Adopted. A true�copy. Attest: �-'ll/lI.GL,� . Donna M. Hooper, Town Cl` k Adjourned session of the 2006 Annual Town Meeting Apri126,2006 Moderator Margery M. Battin called the sixth session of the 2006 Annual Town Meeting to . order at 7:30 p.m., Cary Memorial Building. A quorum of 154 members was present. A moment of silence was held iri men-�ory of former Town Meeting Member Charles Durkin who recently passed away. � 7:33 p.m. The Moderator called a recess for presentations from Superintendent Paul Ash `-- for the Sharon Wong Chan and Sara Harrington Diversity Award; and the Michael Wagner Technology Award presented by Gail Wagner to Shelley Chamberlain. ARTICLE 2: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES � 7:42 p.m. Selectman Jeanne Krieger moved the Report of the Board of Selectmen on the Progress of Town Meeting be accepted and�laced on file. Unanimously Adopted. � 7:43 p.m. Charles Lamb,pr.4,moved the Report of the Capital Expenditures Committee be accepted and placed on file. Unanimously Adopted. . Mr. Lamb presented the report of the Committee. 7:55 p.m. Sandra Shaw moved the Report of the Recreation Committee be accepted and placed on file. Unanimously Adopted. Mrs. Shaw presented the report of the Committee. 8:01 p.m. Presented by Sandra Sha.w,pr.4. ARTICLE 27: APPROPRIATE FOR RECREATION CAPITAL PROJECTS MOTION: That the following amounts be appropriated for the following capital improvements and that each amount be raised as indicated: a. Center Playground-That$225,000 be appropriated for the cost of constructing outdoar recreational facilities(Center Playground)for the Recreation Department and all incidental ---� costs related thereto,and to meetthis a�ipropriation the Treasurer,with,the approval of the Board of Selectmen, is authorized to borrow$225,000 under M.G.L.. Chapter 44,section 7,or any other enabling authority. b. Engineering Study of the Infrastructure of the Center Pool Complex-That$50,000 be appropriated for an engineering study of the infrastructure of the Center Pool Complex,to be raised from the Recreation Enterprise Fund Retained Earnings. c. Equipment for and Improvements to Pine Meadow Golf Course-That$25,000 be appropriated for Equipment for and improvements to Pine Meadow Golf Course,to be raised from the Recreation Enterprise Fund Retained Earnings. --------------------- 354 2006 Annual Town Meeting,Adjourned Session of April26,2006 cont... 8:02 p.m. Recreation Committee Member Richard Thuma presented parts A,B, & C of the motion. 8:06 p.m. Shirley Stolz,pr.8, reported the Capital Expenditures Committee's support for parts A, B, & C. 8:07 p.m. �Appropriation Committee Member Eric Michelson reported the Committee's support for parts A, B & C. � 8:09 p.m. Members questioned issues including: requested funding for part B; status of bathroom facilities at Lincoln Park, and replacement costs for the current playground structure. 8:14 p.m. Appropriation Committee member Rod Cole presented his minority report � against the replacement of the play structure. ' � 8:15 p.m. Members continued discussion and questioning on parts A, B & C, including the ineligibility of part B for Community Preservation Act funding. 8:27 p.m. David Kaufman requested the question be divided. The Moderator so ruled. David Kaufinan called the question, 3 sections. Motion Adopted. 8:30 p.m. Part"A"—Motion declared Adopted by more than the necessary two-thirds. 8:30 p.m. Part"B"—Motion declared Adopted. 8:30 p.m. Part"C"—Motion Unanimously Adopted 8:31 p.m. Charles Lamb,pr.4, served notice of reconsideration of Article 27. 8:31 p.m. Presented by Selectman Hank Manz. ARTICLE 28: APPROPRIATE FOR MUNICIPAL CAPITAL PROJECTS Motion: That the following amounts be appropriated for the following capital improvements and that each amount be raised as indicated: a. Sidewalk Reconstruction=$300;000 fpr the construction and reconstruction of sidewalks and all incidental costs related thereto,and that the Treasurer,with the approval of the Board of Selectmen; is authorized to borrow$300,000 under M.G.L. Chapter 44, section 7 or any other �� enabling authority. b. Lincoln Field Methane Gas Mitigation-$60,000 for the design and permitting of a � subsurface methane gas mitigation system for the former Town landfill located at Lincoln Park and all incidental costs related thereto,and that the Treasurer,with the approval of the Board of Selectmen, is authorized to borrow$60,000 under M.G.L.Chapter 44, section 7 or any other enabling authority. c. Building Envelope(remodeling,recon§truction and extraordinary repairs)-$290,000 for building envelope improvements; said sum to be raised as follows: $100,000 from the Community Preservation Fund,for historic resource purposes under the Community Preservation Act,to be used for the rehabilitation and restoration of the Lexington Fire Station; $40,000 from the ta�c levy for improvements to the Westview Cemetery building; and$150,000 from the taac levy for miscellaneous building improvements,contingent on the passage of a Proposition 21/2 override. d. DPW Equipment-$435,000 for the cost of departmental equipment for the Department of Public Works and all incidental costs related thereto, and that the Treasurer,with the approval of the Board of Selectmen, is authorized to borrow$435,000.under M.G.L. Chapter 44, section 7 or any other enabling authority. e. Street Reconstruction and Related Improvements- $500,000 raised from the tax levy for road reconstruction,repairs and resurfacing by the Department of Public Works; and authorize the expenditure of any additional funds provided or to be provided by the Commonwealth of Massachusetts through the Massachusetts Highway Department. f. Street Drainage System-$160,000 for the construction and reconstruction of surface drains and all incidental costs related thereto,and that the Treasurer,with the approval of the Board of � Selectmen, is authorized to borrow$160,000 under M.G.L. Chapter 44, section 7,or any other -- enabling authority. ' � g. Police Station Extraordinary Repairs and Equipment-$842,000 for remodeling, reconstructing and making extraordinary repairs including equipment to the Lexington Polioe Station , dispatch center and all incidental costs related thereto,said sum to be raised as follows: that the Treasurer,with the approval of the Board of Selectmen, is authorized to borrow$742,000 under M.G.L. Chapter 44, section 7 or any other enabling authority;and further,that$100,000 be raised from the Community Preservation Fund,for historic resource purposes under the Community Preservation Act. h. Purchase of Fire Engine-$380,000 for the cost of departmental equipment(fire engine)for the Lexington Fire Deparlment and all incidental costs related thereto,and that the Treasurer,with the: approval of the Board of Selectmen, is authorized to borrow$380,000 under M.G.L. Chapter 44, section 7 or any.other enabling authority. ___ - _ _ ---_ __ . _ _ _ __. _�._ _ _ ___ _ _ _ _ . _ - _ _- -. _ _ � . . __ _ _----__ 2006 Annual Town Meeting,Adjourned Session ofApri126, 2006 cont... � � � i. Building Renovations(remodeling,reconstruction and extraordinary repairs)- $60,000 for the rehabilitation and restoration of the records vault in the Cary Memorial Hall,to be raised from the Community Preservation Fund,for historic resource purposes under the Community Preservation Act. The Moderator explained part a&c would be voted separately from parts b,d-i. 8:31 p.m. Selectman Manz explained requested funding and reported the unanimous support of the Board of Selectmen on all parts of the motion under Article 28. Committees reported on positions on each part, as follows: Shirley Stolz reported the support of the Capita.l Expenditures Committee for Part b: David Kanter report the unanimous support of the Appropriation Committee for Part b. � Ted Edson reported the unanimous support of the Capital Expenditures Committee for Parts d,e,f,g David Kanter reported the unanimous support of the Appropriation Committee for Parts d,e,f,g Shirley Stolz reported the unanimous support of the Capital Expenditures Committee for Parts h&i David Kanter reported the unanimous support of the Appropriation Committee for Parts h&i 8:48 p.m. Public Works Director William Hadley provided a status update on the street paving resulting from the KeySpan gas incident of November 2005. Members questioned the methane gas situation at the Lincoln Field and Community Preservation Act funding. 8:50 p.m. Motion for Article 28,Parts b,d,e,f,g,h,i- Motion Unanimously Adopted 8:56 p.m. Article 28 (a)—Sheila Watson,Center Committee,commented on the need to address sidewalk problems in Lexington center. Ted Edson reported the Capital Expenditures Committee recommends funding$250,000 for Part a. 8:56 p.m. Charles Lamb,pr.4,moved the following amendment: AMENDMENT: That tI`�e amount in the Main Motio�under Article 28(a) (Sidewalk Reconstruction)be amended to decrease the axnount appropriated from$300,000 to$250,000. -- 8:57 p.m. David Kanter reported the Appropriation Committee's unanimous support for the amendment. 8:57 p.m. Appropriation Committee member Paul Hamburger spoke on the amendment. 8:59 p.m. Jeanne Krieger reported on Sidewalk Committee efforts to encourage walking and reported the Board of Selectmen's opposition to the amendment and support for full funding. � Sidewalk Committee Chauman Craig Weeks spoke against the amendment. 9:02 p.m. Olga Guttag reported the School Committee's unanimous opposition to the amendment and support for full funding. 9:03 p.m. Charles Lamb;Appropriation Committee,reported intent of the amendment is to raise the question of sidewalk materials used in the center of town. Jeanne Krieger reported the Board of Selectmen has no recommendation in regards to materials but of the need for full funding top make progress. � 9:06 p.m. Selectrnan Hank Manz commented further and advised that no decision has been made as far as materials to be used,and involvement of the Historic Districts Commission at the appropriate time. 9:08 p.m. Public Works Director William Hadley reported on estimated costs for sidewalk work in Lexington center and materials upon which the estimate is based. 9:09 p.m. Article 28 (a)Amendment Not Adopted. r--. 9:09 p.m. Appropriation Committee member David Kanter affirmed support for Article 28 Part . Ia. Capital Expenditures Committee member Charles Lamb reported full support for �._. Article 28(a). 9:10 p.m. Members spoke on sidewalk construction,design,and tree replacements. 9:16 p.m. The Moderator declared Article 28(a)Adopted by more than the necessary two-thirds vote. • 9:20 p.m. Article 28 (c)discussion ensued. 9:20 p.m. Ted Edson reported the support of the Capital Expenditures Committee for all items - except the Fire Stafion floor. 356 � 2006 Annual Town Meeting,Adjourned Session of April26,2006 cont... 9:20 p.m. Charles Lamb,Capita.l Expenditures Committee,moved the following amendment. AllZENDMENT: That the amount in the Main Motion under Article 28(c) (Building Envelope)be amended to decrease the amount appropriated from the Community Preservation Fund,for historic resource purposes under the Community Preservation Act,to be used for the rehabilitation and restoration of the Lexington Fire Station from$100,000 to$50,000. 9:20 p.m. David Kanter reported the Appropriation Committee supports(6-3)the amendment. 9:21 p.m. Public Works Director William Hadley explained the potential work to be done on the fire apparatus floor and Fire Chief William Middlemiss explained the condition of the floor. ' 9:25 p.m. Members questioned the impact of reducing requested funding on the long-term plan. Capital Expenditures Committee Chairman Charles Lamb reported the Committee didn't believe this would impac't the long range plan. 9:26 p.m. Article 28 (c)Amendment Not Adopted. 9:27 p.m. David Kanter reported Appropriation Committee support for Article 28(c). Public Works Director William Hadley responded to questions regarding funds allocated and long range plans for municipal building maintenance. Selectman Jeanne Krieger aff'umed the need for.planning for funding building maintenance. 9:31 p.m. Motion under Article 28(c)Adopted. 9:32 p.m. Presented by Selectman Richard Pagett. ARTICLE 25: APPROPRIATE THE FY2007 COMMUNITY PRESERVATION COMMITTEE OPERATING BUDGET MOTION: That the Town�ear and act on the report of the Community Preservation Committee on the FY2007 Community Preservation budget and appropriate from the Community Preservation Fund: � $25,000 to meet the administrative expenses and all other necessary and proper � expenses of the Community Preservation Committee for FY2007; and further,that the Town reserve for appropriation the following amounts as recommended by the Community Preservation ComYnittee: $230,000 for the acquisition,creation and preservation of open space excluding land for recreational use; $25,000 for the acquisition,preservation, rehabilitation and restoration of historic ° resources; � - $230,000 for the creation,preservation and support of community housing; and $1,530,000 to the general unreserved fund balance of the Community Preservation Fu.nd. 9:33 p.m. Betsey Weiss,pr.2, Community Preservation Committee Chairman moved the Report of the Community Preservation Committee be accepted and placed on file. Unanimously Adopted Ms. Weiss presented her oral report on the Committee's first year recommendations since adoption of the�Community Preservation Act in March 2006. �--, 9:40 p.m. Charles Lamb,pr,4, served notice of reconsideration of Article 28. 9:40 p.m. Eric Michelson reported the Appropriation Committee recommends adoption of Article 25. 9:41 p.m. Members spoke on needs for the community to address low and moderate income housing for seniors and of the need for the Community Preservation Committee to report to the 2007 Annual Town Meeting on projects funded. 9:42 p.m. Unanimously Adopted . 9:43 p.m. Charles Lamb served notice of reconsideration of Article 25. -- -_ __ _ __ _ _ _ _ _ _ _ � __ _ _ _ . __ _ _ _ . __ ___ _ _ ._ _ _ _ 357 2006 Annual Town Meeting,Adjourned Session of April26, 2006 cont... 9:44 p.m. Presented by Olga Guttag,pr. 5. ARTICLE 32: APPROPRIATE FOR SCHOOL CAPITAL PROJECTS MOTION: That the following amounts be appropriated for the following capita.l . improvements and that each amount be raised as indicated: a. That$1,716,000 be appropriated for services for planning and remodeling, reconstructing and making extra-ordinary repairs to school buildings and for the purchase of additional equipment therefor; and to meet this appropriation the Treasurer with the approval of the Board of Selectmen is authorized to borrow $1,611,000 under M.G.L. Chapter 44, section 7, M.G.L Chapter 70B or any other r-�- enabling authority;that$45,000 be raised in the tax levy; and that$60,000 be Itransferred from the amount appropriated under Article 30(a) of the 2005 Annual �__ Town Meeting and raised from the tax levy as such amount is no longer needed for the purpose authorized by said vote. b. That$400,000 be appropriated for the purchase of computer hardware and software and related installation costs in order to maintain and upgrade the schools technology systems; 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(28) and section 7(29)or any other enablirig authority. -------------------- 9:44 p.m. William Hartigan, Director of Facilities, Grounds and Support Services, summarized requested funding. 9:53 p.m. Selectman Peter Kelley xeported the Board of Selectmen's unanimous support Board of Selectmen for Part a. William Hurley reported the Capital Expenditures Committee's unanimous support Capital Expenditures Committee for Part a. Pam Hoffrnan reported the Appropriation Committee's unanimous support for Part a. 9:56 p.m. Members spoke on ho�v the department will handle maintenance services should the anticipated proposition 21/2 override be unsuccessful, and issues with reconstruction of the sc�iool administration building at 1557 Massachusetts Ave. . 9:57 p.m. Superintendent Paul Ash and School Committee member Thomas Crriffiths responded to question. 10:00 p.m. Motion under Article 32,.Parts a&b Unanimously Adopted. � 10:00 p.m. Charles Lamb,pr.4, served notice of reconsideration of Article 32. 10:02 p.m. Presented by Selectman Richard Pagett. ARTICLE 35: APPROPRIATE FOR MUNICIPAL PARKING LOT MOTION: That$150,000 be appropriated for the engineering, construction and related costs of an off-street parking lot behind the NStar building at Massachusetts Avenue and Edison Way;that to meet this appropriation$150,000 be transferred from the Parking Meter Fund. 10:04 p.m. Sheila Watson,pr.6,reported the Center Committee's support. 10:06 p.m. Ted Edson reported the unanimous support of the Capital Expenditures Committee. 10:06 p.m. Eric Michelson,pr.l,reported the opposition of the Appropriation Committee (5-4). �, 10:07 p.m. Wendy Manz,pr.9,reported the support of the Planning Board. � _ 10:08 p.m. Members questions presence,of trees, estimated operational revenue, and process undertaken to bring to fruition. 10:09 p.m. Selectman Richard Pagett and Town Manager Carl Valente responded to questions raised. 10:20 p.m. Sheldon Spector,pr.6, called the question. Motion Adopted. 10:20 p.m. Motion Declared Adopted. 10:21 p.m. Charles Lamb,pr.4, served notice of reconsideration of Article 35. 35 � 2006Annual Town Meeting,Adjourned Session ofApril26, 2006 cont... 10:21 p.m. Presented by Selectman Richard Pagett. ARTICLE 36: APPROPRIATE FOR SENIOR CENTER DESIGN/ CONCEPTUAL'STUDY MOTION: That this article be indefinitely postponed. 10:26 P.M. Marian Cohen,pr.2, Chairman of the Council on Aging,provided an update. 10:30 p.m. Members spoke in support and of the need for a new senior center. 10:31 p.m. Motion Unanimously Adopted ,---, 10:31 p.m. Presented by Selectman Norman Cohen. i ARTICLE 37: APPROPRIATE FOR PUBLIG WORKS FACILITY .J' ` MOTION: That this article be indefinitely postponed: 10:32 p.m. Permanent Building Committee Chairman Phil Poinelli provided a project update. � 10:37 p.m. Selectman Norman Cohen responded to comments on postponement and affirmed the planning for the building continues to move forward. 10:38 p.m. Motion Adopted. . 10:39 p.m. Presented by Selectrnan Norman Cohen. ARTICLE 38: APPROPRIATE FOR MUNICIPAL ELECTRIC FEASIBILITY STUDY MOTION: That this article be indefinitely postponed. 10:40 p.m. Paul Chernick,pr.6, Chairman-Electric Utility Adhoc Committee, explained the status of the issue. 10:42 p.m, Motion Unanimously AdoptEd. 10:43 p.m. Presented by Selectman Norman Cohen. ARTICLE 40: APPROPRIA�'E FOR STABILIZATION FUND MOTION: That$2,650,000 be appropriated for a stabilization fund for any lawful purpose in accordance with M.G.L. Chapter 40, section SB, and that to raise such r I amount$2,000,000 be transferred from the Unreserved Fund Balance and $650,000 be raised in the tax levy. , 10:44 p.m. Deborah Brown reported the unanimous support of the Appropriation Committee. 10:44 p.m. Motion Unanimously Adopted. 10:45 p.m. Presented by Selectman Norman Cohen. ARTICLE 41: APPROPRIATE FOR PRIOR YEARS' UNPAID BILLS MOTION: That$7,553 be authorized to pay unpaid bills for goods and services rendered to the School Department for FY2005 to be paid from Line Item 1100 o€the 2005 Annual Town Meeting as amended at the November 2005 Special Town Meeting. 10:46 p.m. Alan Levine,pr.8,reported the unanimous support of the Appropriation Cominittee. Alan Levine moved the amendment to the Appropriation Committee's Report be accepted and placed on file. Unanimously Adopted 10:48 p.m. Motion Unanimously Adopted. 10:49 p.m. Presented by Selectman Norman Cohen. � ARTICLE 42: AMEND FY2006 OPERATING BUDGET „J MOTION: That the following additional amounts be appropriated to the following line items for the current fiscal year's budget as approved at the 2005 Annual�Town Meeting and that said amounts be transferred from the following sources: Line Item Amount Source Amount 1100 Lexin on Public Schools $79,518 Insurance Proceeds $79,518 2300 Reserve Fund $197,520 Unreserved Fund Balance $197,520 5100 Libr Ex enses $60,000 Libr Personal Services $60;Q00 7100 Community Development $14,500 Community Development $14,500 Ex enses Personal Services _ ____ __ _ --- _ _ . _. . -- _ _ .. _ _ _— — __ _ __- -__ _ I_ _ � 359 2006Annual Town Meeting,Adjourned Session ofApri126, 2006 cont... Norman Cohen reviewed requested funding. Alan Levine reported the unanimous support of the Appropriation Committee. 10:51 p.m. Motion Unanimously Adopted. 10:51 p.m. Presented by Selectman Norman Cohen. ARTICLE 43: APPROPRIATE FOR AUTHORIZED CAPITAL IMPROVEMENTS MOTION: That this article be indefinitely postponed. - 10:51 p.m. Motion Unanimously Adopted. 10:52 p.m. Presented by Selectman Jeanne Krieger. _ ARTICLE 44: USE OF FUNDS TO REDUCE THE TAX RATE MOTION: That this article be indefinitely postponed. . 10:52 p.m. Motion Unanimously Adopted. 10:52 p.m. Selectman Jeanne Krieger moved the 2006 Annual Town Meeting be dissolved. Motion Unanimously Adopted. � � A true copy. Attest: ! � ��. Donna M. Hooper, Town � erk � f � 3 6 O WARRANT FOR SPECIAL ELECTION— (SEE WARRANT FILE) lVIO(VDAY, JUNE 5, 2006 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in ' their respective voting places in said Town on Monday, June 5, 2006 at 7:00 a.m. The following places were designated as�the voting places for the various precincts: Precinct One,�Cary Memorial Building; Precinct Two, Bowman School; Precinct Three, Jonas Clarke Middle School; Precinct Four, �ridge School; Precinct Five, Cary Memorial Building; Precinct Six, William Diamond Middle School; Precinct Seven, Joseph Estabrook School; Precinct Eight, Central Fire Station; Precinct Nine, Maria Hastings School � The election officers and Wardens of the nine precincts were assigned for duty as i follows: . , � Precinct 1: Warden: Richard Pemberton [U]; Co-Cierk: Margaret Blouin [D], Barry Sampson [U]; Inspectors: Richard Spillane [U], Edwina Spillane [U], Jeanette Cerulli [p], Eileen McAlduff [D], Doris Pemberton[U], Margaret Kelly[U], Leonora Feeney[D],William Barrett[R]. Precinct 2: Warden: Rebecca Fagan [D]; Clerk: Arthur Katz [D]; Inspectors: Clifford Pehrson [U], Arline Burns [D], Dorothy Bond [U], Lillian MacArthur [U], Susanne Hays [U], 1Ninston Flynn [R], Peter Saradjian [U), Dorothy Zamborowski[D], Marita Hartshorn[U], Susan Solomon[R]. Precinct 3: Warden: Shirley Frawley [D]; Clerk: Faith Fenske [U]; Inspectors: Robert Tracey[D], Samuel Berman [D], Rita Casey[D], Lillian Drury[U], Barbara Sandler[U], Anthony Sacco [U], Henry Beerman [D], Elizabeth Sullivan[D],William Frawley[D], Elizabeth McLaughlin[D], Laura Welby[U]. Precinct 4: Warden: Gulli Kula[D];Clerk: Robert VV.Bennett[U]; Inspectors:Mary Devoe[U], Beverly Aker [U], Dana Regillo [R], Eleanor Smith [U], Evangeline Puopolo [U],.Gloria Curran [U], Stacey Cannon [D], Thomas Sullivan[D]. Precinct 5: Warden: Eric Kula [D]; Clerk: Bernice Gerrig [U]; Inspectors: Alice Stringos [U], D. Peter Lund [R], E. Ashley Rooney [DJ, Samuel Berman [D], Francine Edwards [D], Timothy John Quinlan [R], Edward DuBois[R], Linda Cohen[U], Martha Shurtleff[U],Joyce DefandorF[U],John Defandorf[U]. Precinct 6: Warden: Dorothy Boggia [R]; Clerk: Harriet Morrison [U]; Inspectors: Hazel Graham [D], Alla FeduS [U], Barbara Simmons [R], Burton Smith [R], William Simmons [R], Phyllis Richardson [D], Charles Price[U]. Precinct 7: Warden: Alice Pierce [D]; Co-Clerks: Margaret Bradley [D], William Johansen [D]; Inspectors: , Mabel Amar [D], Isabelle Bennett [R], Mildred,Collentro [D], Nancy Hubert, John Pompeo [D], Edna Holloran[D],Susan Johansen[D], Charlotte Ford[D]. Precinct 8: Co-Warden: Marie Hill[U], Leo Chudigian[U];Co-Clerk: Barbara Perrotta[D],Judith Chudigian [U]; Inspectors: Elinor Bettencourt [R]; ClairP Abernathy [U], John Ayvazian [D], Ann Diamond [U], Anne O'Neill[U], Salvatore Casella[D],Julie Miller[U]. Precinct 9: Warden: Duncan MacQueen [U]; Clerk: Renee Reynolds [D]; Inspectors: Carole Scalise [R], Edith Paster[D], Robert Ryan[D], Carole Butler[U], Elizabeth Adam [R], Elizabeth Weiss[U],Janet Lowther r� [R] ,Anne.Taylor[U], Mary Conner[D], Dorothy Bolduc[U],Clark Schuler[U], � The election officers were sworn to the faithful performance of their duties. The polls � were declared open in each precinct at seven o'clock A.M. and remained open until eight o'clock P.M., at which time, after due notice, the polls were declared closed. Total of 20,076 registered voters eligible to vote as of May 16,2006: PCT Registered Democrat Republican Unenrolled Other'` Voters 1 2069 776 277 1008 8 ' 2 2349 1040 248 1049 12 3 2046 788 276 974 8 4 2317 987 270 1048 12 5 2252 875 336 1032 9 6 2339 . 986 358 981 14 7 2340 944 286 1100 10 . 8 2172 861 295 1004 12 9 2192 807 251 1124 10 Total 20076 8064 2597 9320 95 *Political Designations include: American Independent, Conservative, Green Party USA, Interdependent 3'd Party, Reform, Socialist, and Time Sizing Not Downsizing. -- Election results were delivered to the Town Clerk at the Town Office Building. 53% of the registered voters cast their vote. The Town Clerk canvassed results as follows: --- ABSENTEE BALLOT BREAKDOWN Ballots Ballots Not Pct Applications Timely Returned/Late or Ballots Processed Retumed Undeliverable Counted � 1 41 37 4 - 37 2 44 41 ' 3 41 3 55 53 2 53 4 57 53 4 53 5 44 43 1 43 6 61 53 8 53 7 45 39 6 � 39 . 8 58 54 4 54 9 37 36 1 36 Totals 442 409 33 409 __ _ __ __ __ . _ _.__ r _ _ _ . June S, 2006 Special Election, cont.... 3 6 1 Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 'fOTAL Total Registered Voters 2069 2349 2046 2317 2252 2339 2340 2172 2192 20076 Total Votes 953 1318 933 1303 1158 1320 1238 1213 1105 10541 Percent 46% 56% 46% 56% 51% 56% 53% 56% 50% 53% QUESTION 1 Shall the Town of Lexington be allowed to assess an additional$2,614,509 in real estate and personal properly taxes for the purposes of ineeting educational goals including preserving 36.95 teacher and staff positions and programs that include elementary Spanish and high schoo/German,•fee-free elementary music;integration of computers in the K 8 curriculum;moderating athletic fees;most high school science instruction at six periods per week;help sessions and other instructional duties in high schoo/social studies,mathematics,and foreign language;preschool,secondary and K 12 health and physical education personnel;existing debate travel;motlerating e/emenfary school c/ass sizes;and new teacher _ training for the�sca/year beginning July 4,2006? Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL YES 357 732 473 718 509 680 594 632 451 5146 NO 592 584 456 583 649 638 641 575 652 5370 BLANKS 4 2 4 2 0 2 3 6 2 25 QUESTION 2 Shall the Town of Lexingfon be allowed to assess an additional$551,607 in real estate and personal property taxes for the purposes of ineeting educational goa/s including restoring textbook and supply budgets;providing needed secondary schoo/classes and moderating secondary school c/ass sizes; funding additiona!debate travel;and providir►g for the operation of the high school language lab for the �scal year beginning July 1,2006? 'Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL YES 333 706 466 708 482 671 559 619 431 4975 NO 618 609 465 593 675 645 674 588, 670 5537 BLANKS 2 3 2 2 1 4 5 6 4 29 QUESTION 3 . 1 Shall the Town of Lexington be allowed to assess an additional$9,059,100 in real estafe and personal property taxes for the purposes of funding necessary and appropriate maintenance of municipal and school buildings and properties including a schoo/preventive maintenance program for four new renovated buildings;.iwo additional staff to supervise building maintenance and monitor energy ___ consumption in ten school buildings;three custodians to reduce custodial overtime expenditures;a municipal reserve fund for ongoing building envelope renewal and repair;four fuel-efficient replacement vehicles;restoration of the highway superintendent position to ensure efficient operations;and equipment to maintain the automafic transmissions of the DPW fleet for the�scal year begin�aing July 1,20061 Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL . YES 379 765 510 766 552 740 637 650 495 5494 . NO 572 551 420 528 605 579 596 555 607 5013 BLANKS 2 2 3 9 1 1 5 8 3 34 QUESTION 4 Shall the Town of Lexington b.e allowed to assess an additional$799,335 in real estate and personal� property taxes for the purposes of restoring and preserving municipal services including a Middle School Police Resource O�cer,a Human Resources Director;an Information Technology Director;a records management/archives program;training and professional development of staff;updating of Fire and Emergency Medical Services(EMS)equipment;purchase of a police cruiser, a Police Administrative clerk; Sunday hours of operation at Cary Library;operafion of the East Lexington Library;an Economic Development O�cer, 10 hours/week of Lexpress transportation operation;an Assistant Conservation Officer, continued scheduled collection of cathode ray tube(CRn and related electronic refuse(e-ws�ste); 12 weekly curbside yard waste collections;and the tree planting program for fhe fiscal year beginning July 1,2006? __,. Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL YES 382 781 489 722 549 699 603 632 478 5327 r-s- NO 570 534 443 579 616 619 630 577 624 5192 � BLANKS 1 3 1 2 1 2 5 4 3 22 � . � • A true copy. �E .1/ ; ; Attest: �� _ �'�i� on M. Hooper, Towri Clerk 362 (Warrant for State Primary�-See WARRANT FILE) STATE PRIMARY TUESDAY, SEPTEMBER 19,2006 In pursuance of the foregoing warrant the legal voters of the Town of Lexington rnet in their respective voting places in said Town of Lexington on Tuesday,September 19,2006 at 7:00 a.m. The following places were designated as the voting places for the various precincts: Precinct One, Cary Memorial Building; Precinct Two, Bowman School; Precinct Three, Clarke Middle School; Precinct Four, Bridge School; Precinct Five, Cary Memorial Building; Precinct Six, Diamond Middle School; Precinct Seven, Estabrook School, Precinct Eight,Fire Headquarters Building;Precinct Nine,Hastings School. The election officers and Wardens of the various precincts were assigned for duty as follouvs: Precinct 1: Warden: Richard Pemberton[U]; Co-Clerks: Barry E. Sampson [U], Margaret Blouin [D]; Inspectors: Margaret Kelly[UJ, Jeannette Cerulli [D], Richard Spiliane [U],poris Pemberton [LT], William J. Barrett[RJ,Jean Barrett[R],Martha Shurtleff[U]. Precinct 2: Warden: Rebecca Fagan [D]; Co-Clerks: Susanne Hays [U], Dorothy Bond [U]; Inspectors: Arline Burns [D], Gloria Curran [D], Edward DuBois [R], Winston Flynn [R], Marita Hartshorn [D]; Lillian MacArthur [U],Joseph Pato[D],Clifford Pehrson[U],Darothy Zaborowski[D]. Precinct 3: Warden: Faith Fenske [U]; Clerk: Arthur Katz [D]; Lillian Drury [U], JoAnn Eurich [U], M. Elinor Greenway[D],Gloria Holland[LT],MaryAnri McKenna[D],�lizabeth McLaughlin[D],Anthony Sacco [U],Robert Tracey[D],Laura Welby[U]. Precinct 4: Warden: Gulli Kula[D];Clerk:Robert W.Bennett[LT];Inspectors:Beverly Aker[U],Anne Concesion [U],Lynda Laurence[D],Evangeline Puopolo [UJ,Dana Regillo [U],Eleanor Smith[tJ],Muriel Ward[R]. Precinct 5: Warden: Eric Kula[D]; Clerk: Bernice Gerrig [U];Inspectors: Henry Beerman [D], Salvatore Casella [D],D. Barbara Ciampa[D],Linda Cohen [U],John Defandorf[LT],Joyce Def'"andorf[U],Joann Gschwendtner[iJ], Donna M.Keane [LT],Rayxnond Massey[D],T.John Quinlan[R]. Precinct 6: Warden: Dorothy Boggia [R]; Clerk: Harriet Morrison [LJ]; Mabel Amar [D], Alla Fedus [U], Charlotte Ford[D],Dorothy Gauthier[R],Hazel Graham[D],D.Peter Lund[R];Charles Price[U],Catherine Rego [D],E.Ashley Rooney]D],Elizabeth Sullivan[D]. Precinct 7: Warden: Alice M. Pierce [D]; Co-Clerks: Margaret Bradley [D], William Johansen [D]; Inspectors: . Darlene Adams [D],Mary Ayvazian [D],Mildred Collentro [D];Isabelle Bennett [R], Alfred Fine [D],Renee Fine [D],Robert Greenway[D],Edna Holloran[D],Nancy Hubert[D], Susan L.Johansen[D]. Precinct 8: Wazden: Marie Hill[U],Leo Chudigian[LT];Co-Clerks:Judith Chudigian[U],Barbara L.Perrotta[D]; Inspectors: Claire Abernathy [U), John Ayvazian [D], Elinor Bettencourt [R], Carol Flynn [U], Audrey Hosford [U],Anthony Montagna[U],Phyllis Richardson[D],Ann Diamond[U]. Precinct 9: Warden: Duncan MacQueen [U]; Clerk: Shirley Ament-Bergey [D]; Inspectors: Edith Paster [D], Dorothy Bolduc [U], Carole Butler [U], Mona Leary [U], Angela Marcucci [IJ], Anne O'Neill [U], Robert Ryan � [D],Mary B.Connor[D],Carole Scalise[R],Elizabeth Weiss[LI],Ephraim Weiss [D). � The election officers were sworn to the faithful performance of their duties. The polls were declared open in each precinct at seven o'clock A.M. and remained open until eight o'clock P.M.,at which tnne,after due notice,the polls were declared closed. The total number of registered voters in each precin�t eligible to vote as of August 30,2006 is as follows: Registered Voters Precinct Registered Democrat Republican jJnenrolled Other Voters 1 2028 767 265 988 8 � 2 2330 1034 241 1043 12 3 2036 789 270 969 8 4 2297 979 256 1050 12 5 2232 877 317 1030 8 6 2302 979 348 961 14 7 2318 933 281�' 1094 10 8 2156 851 290 1002 13 ` 9 � 2156 789 251 1107 9 Totals 19855 7998 2519 9244 94 Recap sheets were delivered to the Town Clerk at the Town Office Building. 38%of the registered voters cast their vote. The Town Clerk canvassed the results: Votes By Precinct r� Precinct Democrat Renublican Total Voted ' 1 595 50 645 ---� 2 971 33 1004 3 731 35 766 4 912 42 954 5 701 52 753 6 851 65 916 7 870 39 909 8 767 47 814 9 716 55 771 Totals 7114 418 7532 _.__ . _ _ ___ _ __ i - - __ _ _ __ _ . _____ __. _ _ ._ September 19, 2006 State Primary—Election Results continued... � � '" Absentee Ballots Precinct Applications Ballots Titnely Processed Returned and Counted 1 42 29 2 58 . 47 3 70 60 4 79 61 5 42 35 6 55 46 7 65 54 8 42 33 ' 9 26 24 Specially Qualified 9 2 Total 488 391 Republican Party Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL Total Reg Voters 2028 2330 2036 2297 2232 2302 2318 2156 2156 19855 � � �.,, � ��qfi�,��es �,��'T � Percent(Total Votes/Total Voters) 2% 1% 2% 2% 2% 3% 2% 2% . 3% 2% Total Registered Republicans 265 241 270 256 317 348 281 290 251 251.9 Percent(Total Votes/Total Party)� 19% 14% 13% 16% 16% 19°/a 14% 16% 22°/a 17% Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL SENATOR IN CONGRESS . KENNETH G. CHASE 27 22 21 32 32"`� 40 21 28 25 248 KEVIN P. SCOTT 19 6 11 6 8 17 15 16 20 118 ALL OTHERS 0 0 0 0 1 0 0 0 0 1 BLANKS 4 5 3 4 11 8 3 3 10 51 GOVERNOR KERRY HEALEY 45 29 27 37 48 59 35 44 47 371 Thomas Reilly 0 0 0 0 0 0 1 0 0 1 Deval Patrick 2 0 1 0 0 2 0 0 0 5 Christopher Gabrieli 0 0 0 1 0 0 0 0 0 1 ALL OTHERS 0 0 0 0 0 0 0 0 0 0 BLANKS 3 4 7 4 4 4 3 3 8 40 -- LIEUTENANT GOVERNOR REED V. HILLMAN 38 26 21 32 38 50 32 41 40 318 Deborah Goldberg � 0 0 0 0 ` 0� 1 0 0 0 1 Andrea Siibert 0 0 0 0 0� 0 0 1 0 1 ALL OTHERS 0 0 0 0 2 0 0 0 ..- 1 3 BLANKS 12 7 14 10 12 14 7 5 14 95 ATTORNEY GENERAL LARRY FRISOLI 36 25 22 34 38 54 30 40 35 314 ALL OTHERS 1 0 0 1 1. 0 � 0 0 0 3 ` BLANKS 13 8 13 7 13 11 9 7 20 101 SECRETARY OF STATE ALL OTHERS 2 1 1 2 1 2 2 3 2 16 BLANKS 48 32 34 4�0 51 63 37 44 53 402 TREASURER ALL OTHERS � 3 1 1 1 1 2 1 2 1 13 BLANKS 47 32 34 41 51 63 38 45 54 405 AUDITOR ALL OTHERS 1 1 1 0 0 1 0 4 2 10 BLANKS 49 32 34 42 52 64 39 43 53 408 ._ REPRESENTATIVE IN CONGRESS Edward J. Markey 1 0 0 0 0 0 0 0 0 1 ALL OTHERS 1 2 1 0 0 1 1 1 1 8 BLANKS 48 31 34 42 52 64 38 46 54 409 COUNCILLOR SIXTH DISTRICT, PCTS 1,2,4,5-7 WILLIAM JOHN BARABINO ` 30 20w,� �� ; 29 29 44 21��' '�� '�FY�,li 173 ALL OTHERS 0 0� � 0 0 0 0:, ��-��.�£f T� 0 BLANKS 20 13°"=��E:q 13 23 21 18<<��;��., �� 108 3 6 4 September 19, 2006 State Primary—Election Results continued... Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL COUNCILLOR THIRD DISTRICT PCTS 3,8,9 ALL OTHERS ��x�`� f "`�f'�� 1�r`�`��°� $r Ns�` �� 1 1 3 BLANKS �� 34 �� F � �� . �� -: 46 54 134 ...�. �..��M��..�.u»�r �,�,..�__s��.,r.H .. ��a� �..�.�.:� ��E:� SENATOR IN GENERAL COURT FOURTH MIDDLESEX DISTRICT PCTS 1,2,4,5-7 Robert Havern � 1 0 ��; 0 0 0 0=�_�� ,�� z � ; 1 ALL�OTHERS 1 1 ,�;� 1 1 1 1 �- �`� �� 6 � BLANKS , 48 32 ��4 " 41 51 64 38 ':� ¢�, �.�_ � 274 SENATOR IN GENERAL COURT � �I THIRD MIDDLESEX DISTRICT PCTS 3,8,9 J SANDRA B. MARTW EZ �� 17 � �;� �� ;`� ",}t 33 33 �83 � f ALL OTHERS �" �� > p �� ,� �� f�, � ,�; ,�� 0 0 0 5 4 t y _ 'J� : k � . t . BLANKS ,'a.r_� x. ��.:,�. �s��..�..z��. ...G�a�,�� s"�..<�..�.r. 14 22. 54 REPRESENTATIVE IN GENERAL COURT NINTH MIDDLESEX DISTRICT PCTS 2,3,4 � ALL OTHERS ��,<- �� °, � �� , '"K��w��a��x`��- `�� BLAN KS �; �33 34 42 �'� � � z �� 4�� °'" -�*� �' � 109 n.. _ _ . .,�:�,�..�.�,, v_, �;N�?z�_!:fs ,.�..y.�.. �� REPRESENTATIVE IN GENERAL COURT '�� FIFTEENTH MIDDLESEX DISTRICT PCTS 1,5- 7,8,9 J.R. Kaufman 1} " � _�� `� ; : 0 0 0 0 0 1 ALL OTHERS 1 � z �� :; � � ; $a 0 1 1 2 3 8 BLAN KS 48 p. ;. � e,. �;�, ; �_= 52 � 64 38 45 52 �299 DISTRICT ATTORNEY Gerard Leone 0 0 0 0 0 0 1 0 0 1 ALL OTHERS 1 1 2 0 1 1 1 2 1 10 BLANKS �49 32 33 42 51 64 37 45 54 407 CLERK OF COURTS ALL OTHERS 1 1 2 1 0 1 1 2 1 10 BLANKS 49 32 33 41 52 64 38 45 54 ' 408 REGISTER OF DEEDS ALL OTHERS 1 1 1 0 0 1 1 2 1 8 BLANKS 49 32 34 42 52 64 38 45 � 54 410 Democratic Party Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 .Pct 7 Pct 8 Pct 9 TOTAL Total Reg Voters 2028 2330 2036 2297 2232 2302 2318 2156 2156 19855 � ' ��s �" a}+.;�'� ; �'� �^Y� .a� -c �r. � W� C � _ � J n 7 �P+ �,�', ��1�� gYC,. re �'`��'' `" �,�.;.'� `"��,sx"��"�t��5yy s� �. r�av��::.: rn�� ' r�'��'r,�.3��.� ��G7`[..' .,��,�`.:��5""'�9k�'��`Yd ,�k, iv..��.x,��t�*.��`�..�,s:�.�.,z�U�v.�a,.�_.,:.�s.:.s�..�,...t,.�,-..w�.s��.� ��s,.�:..�fe�� :�,.:�:.�...�z.a,,,.� Percent(Total Votes/Total Voters) 29% 42% 36% 40% 31% 37% 38% 36% 33% 36% Total Registered Democrats 767 1034 789 979 877 979 933 851 789 7998 Percent(Total Votes/Total Party) 78% 94% 93% 93% 80% 87% 93% 90% 91% 89% � Pct 1 Pct 2 Pct 3 Pc#4 Pct 5 Pct 6 Pct 7 .Pct 8 Pct 9 TOTAL � SENATOR�IN CON(�ESS EDWARD M. KENNEDY 487 826 602 751 603 713 734 644 606 5966 Christopher Gabrieli 0 0 0 1 0 0 0 0 0 1 Mitt Romney 0 0 0 0 2 1 0 0 1 4 Kenneth Chase 0 0 0 0 0 0 1 0 0 1 ALL OTHERS 8 9 12 11 2 7 11 4 7 71 �_, BLANKS 100 136 117 149 94 130 124 119 102 1071 GOVERNOR CHRISTOPHER F. GABRIELI 147 189 171 204 173 186 215 154 189 1628 DEVAL L. PATRICK 362 664 484 639 438 583 571 511 429 4681 THOMAS F. REILLY 85 114 74 68 87 78 83 100 95 784 Michaei Dukakis 0 0 0 0 'I 0 0 0 1 2 Kerry Healey 0 0 0 0 0 1 0 0 0 1 ALL OTHERS 0 0 0 0 0 0 0 0 1 1 BLANKS . 1 4 2 1 2 3 1 2 1 1.7 LIEUTENANT GOVERNOR DEBORAH B. GOLDBERG 185 294 203 249 214 250 230 188 216 2029 TIMOTHY P. MURRAY 185 301 238 259 219 248 295 202 211 2158 ___ _ __ _----- - ---- - ---_ _ -- - _ __ _ _ _ _ __- �_ _ __ _ _ _ September 19, 2006 State Primary—Election Results continued... � �� "Y ANDREA C. SILBERT 140 249 210 280 201 265 256 284 201 2086 ALL OTHERS 1 0 0 0 1 1 1 0 2 6 BLANKS 84 127 80 124 66 87 88 93 86 835 � Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL ATTORNEY GENERAL MARTHA COAKLEY 420 705 521 654 535 639 639 574 538 5225 Thomas Reilly 0 0 0 0 1 0 0 0 0 1 ALL OTHERS 3 2 1 1 2 4 7 3 0 23 BLANKS 172 264 209 257 163 208 224 190 178 1865 SECRETARY OF STATE WILLIAM FRANCIS GALVIN 378 605 461 564 480 570 579 484 455 4576 JOHN BONIFAZ 92 147 124 138 96 109 119 137 120 1082 ' Jill Stein 0 0 0 0 0 1 1 0 0 2 ALL OTHERS 1 2 0 0 0 1 1 0 2 7 BLANKS 124 217 146 210 125 170 170 146 139 1447 TREASURER TIMOTHY P. CAHILL 380 597 469 557 473 532 544 498 468 4518 Willi.am Francis Galvin 0 0 0 1 0 0 0 0 0 1 ALL OTHERS 2 0 Q 1 0 2 4 1 1 11 BLANKS 213 374 262 353 228 317 322 268 247 2584 AUDITOR A. JOSEPH DENUCCI 355 550 442 524 436 500 521 466 433 4227 ALL OTHERS 5 1 2 2 ""'2 1 0 0 2 15 BLANKS 235 420 287 386 263 350 349 301 281 2872 REPRESENTATIVE IN CONGRESS SEVENTH DISTRICT EDWARD J. MARKEY 462 741 563 695 558 653 669 584 563 5488 Jay Kaufman 0 0 0 1 0 0 0 0 0 1 Joanna Gonsalves . : 0 0 0 0 0 1 0 0 0 1 ALL,OTHERS 4 6 2 4 3 5 2 3 5 34 BLANKS 129 224 166 212 140 192 199 180 148 1590 COUNCILLOR — SIXTH DISTRICT PCTS 1,2,4,5-7 MICHAEL J. CALLAHAN 322 486 �< 454 393 438 452� _ �'r�`� F� �;�: 2545 ALL OTHERS 1 1 `0 � 1 2 1 6 BLANKS 272 484 �� a= 458 �307 411 417 � �° " �� 2349 , ..�,�� _,,.,� COUNCILLOR � THIRD DISTRICT PCTS 3,8,9 MARILYN M. PETITTO DEVANEY .��x� �,� �f � ; 378"�k � �« �,�e��-� � � � ,- ` 406 358 1142 ��,'�� ' ��,�",.�'�t�-�" ��aky'�,� � s �: � - ALL OTHERS = 1 3 5 BLANKS `�� ' �'�� ri��f��.: 352 ��"�,�N.r��;��4�.�.:.��.�� 360 355 1067 SENATOR IN GEfvRAL COURT FOURTH MIDDLESEX DISTRICT PCTS 1,2,4,5-7 L b�k ROBERT H. HAVERN, III 3.37 517 ' ��, 482 382 465 505 �Ffi�� 2688 : JDANNA GONSALVES 144 228 �' '� �• 211 172 210 187 ��'`'��`�� : 1152 ALL OTHERS �� 0 2 �, : 0 1� 1 0;�� 4 . B L A N K S . � 1 1 4 2 2 4" � �y= 2 1 9 146 175 178,��i 105.6 SENATOR IN GENRAL COURT THIRD MIDDLESEX DISTRICT PCTS 3,8,9 SUSAN C. FARGO � �� '� fi , 514 �°�k � " ''�.�. ��.�:� x �� ` 540 493 1547 .��. � � : "' � ,� � s�.� :�� ;,, Jay R. Kaufman ��4� '`�r 0 ��' ��,�s�`�Y ��p<� 2 0 � 2 � �� .�'�r- :,�x9a,,ia�r � r ��a ;�v 3 R �r��,.r��i��,�r��; ALL OTHERS ,, r� 0 � �x ,z �x��f`' � � 3 1 4 BLANKS � �� `` 217 � ti ,��}��f�� "� ��; � � ` � �� ""}� �� 222 222 661 R . ,m�.�ft.u..u.�/.....r...t.. .r.....�'.u. ....et..m� w.u:.��.�".` . a s �'...........«.s:i REPRESENTATIVE IN GENERAL COURT NINTH MIDDLESEX DISTRICT PCTC 2,3,4 THOMAS M. STANLEY � t `�1 � 592 476 551 �� r „�� :: � "��X��'�� 1619 � � ALLOTHERS � ;�'� ' 3 3 1 ��,��r: �.� �. ��;�� " ��; 7 BLANKS �� y��' � 376 252 360,�,�,�`�_y, . `�' r` '� ': ` � ��; 988 ..,w. _U _�.d�� . . ,.u... .��K�: REPRESENTATIVE IN GENERAL COURT FIFTEENTH MIDDLESEX DISTRICT PCTC 1,5-7,8,9 JAY R. KAUFMAN 458� ��'��% �' ' 585 689 686 608 562 3588 ALL OTHERS 4�`��a��.r.��; �� 2 5 2 3 2 � 18 BLANKS 133�,`�,�.�� ,��,�� `��` 114 157 182 156 . 152 � 894 3 � v September 19, 2006 State Primary—Election Results continued... Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL DISTRICT ATTORNEY—NORTHERN DISTRICT GERARD T. LEONE, JR 320 510 399 455 405 459 460 413 380 3801 Thomas Reilly 0 0 1 0 0 0 0 0 0 1 ALL OTHERS 1 1 2 0 2 1 1 1 1 10 BLANKS 274 460 329 457 294 391 409 353 335 3302 CLERK OF COURTS—MIDDLESEX COUNTY BRUCE M. DESMOND 97 131 132 135 109 137 122 120 123 1106 r MICHAEL A. SULLIVAN 309 473 353 427 356 410 428 355 335 3446 ' ALL OTHERS 0 0 1 0 0 1 1 2 0 5 BLANKS 189 367 245 350 236 303 319 290 258 2557 REGISTER OF DEEDS—MIDDLESEX SOUTHERN DISTRICT EUGENE C. BRUNE 322 515 400 475 403 446 461 413 382 3817 ALL OTHERS 2 0 2 0 0 1 0 1 1 7 BLANKS 271 456 329 437 298 404 409 353 333 3290 � �4 r A true copy. � , �/'�� ,,,,, Attest: ,�I�rV,'�-c��d'b''�'.#"� Donna 1C�I.Hooper,Town Cler"k� J � � � � ---� J __ __ ____ ___ � _ __ ___ _ _ ____ _ _____ _ _ � 3fi7 (Warrant for State Election—See WARRANT FILE) STATE ELECTION TUESDAY,NOVEMBER 7,2006 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Tuesday,November 7,2006 at 7:00 a.m. The following places were designated as the voting places for the various precincts: Precinct One, Cary Memorial Building; Precinct Two, Bowman School; Precinct T'hree, Clarke Middle School; Precinct Four, Bridge School; Precinct Five, Cary Memorial Building; Precinct Six, Diamond Middle School; Precinct Seven, Estabrook School, Precinct Eight,Fire Headquarters Building;Precinct Nine,Hastings School. The election officers and Wardens of the various precincts were assigned for duty as follows: Precinct 1: Warden: Richard Pemberton[U]; Co-Clerks: Barry E. Sampson[U],Margaret Blouin [D]; Inspectors: Jeannette Cerulli [D], Richard�Spillane [LJ], Edwina Spillane [U], Doris Pemberton [U], William J. Barrett [R], Jean Barrett[R], Joyce Defandorf[U),John Defandorf[U]. Precinct 2: Warden:Rebecca Fagan,[D];Co-Clerks:Susanne Hays[U],Arthur Katz[D];Inspectors:Dorothy Bond [LT],Arline Burns [D],Winston Flynn[R],Lillian MacArthur[U],Joseph Pato[D],Elizabeth Sullivan[D],Virginia Weinberger[D],Lynda Laurence[D],Mary Ellen Turner[D],Leonora Feeney[D],Dorothy Zaborowski[D]. Precinct 3: Warden: Shirley Rauson Frawley [D]; Clerk: Faith Fenske [U]; Inspectors: Lillian Drury [U], JoAnn Eurich [U], Samuel Berman [D], Gloria Holland [U],MaryAnn McKenna[D],Elizabeth McLaughlin [D],Anthony Sacco [U],Robert Tracey[D],William Frawley[D],Rita Casey[D],Laura Welby[IJ]. Precinct 4: Warden: Gulli Kula[D]; Clerk: Robert W.Bennett[U];Inspectors: Beverly Aker[U],Dorothy Bolduc [U], Darlene Adams [D], Gloria Curran [D], Evangeline Puopolo [U], Dana Regillo [U], Eleanor Smith [LT], Elizabeth Weiss [U],John Yanakis [CT],Mary O'Brien[Rj. Precinct S: Warden:Eric Kula[D];Clerk:Bernice Genig[U];Inspectors: Henry Beerman[D],D.Barbara Ciampa [D], Linda Cohen [U],Margaret Kelly [U], Eileen McAlduff[U], Audrey Deshler [D], Ephraim Weiss [D], Alice Stringos[U],Edward Dubois [R], Donna M.Keane[LJ],Raymond Massey[D],T.John Quinlan[R]. Precinct 6: Warden: Dorothy Boggia [R]; Clerk: Harriet Morrison (U];Alla Fedus [U], Charlotte Ford[D],Hazel Graham [D], D. Peter Lund [R], Charles Price [U], E. Ashley Rooney ]D], Dorothy Gauthier [R], Joann Gschwendtner [LT], Susan Folger [U], Barbara Sandler [U], Susan Solomon [LT], Burton Smith [RJ, Barbara Simmons [R],Anne Conceison[U]. Precinct 7: Warden: Alice M. Pierce [D]; Co-Clerks: Margaret Bradley [D], William Johansen [D]; Inspectors: Mabel Amar [D], Mary Ayvazian [D], Mildred Collentro [D], Isabelle Bennett [R], Alfred Fine [D], Renee Fine [D], Nancy Hubert[DJ, Susan L.Johansen[D],Catherine Rego[D], . Precinct 8: Warden: Mazie Hill [U],Leo Chudigian[LT]; Clerk: Judith Chudigian [U]; Inspectors: John Ayvazian [D],Elinor Bettencourt[R],Anthony Montagna[U],Phyllis Richardson[D],Julie Miller[U],Salvatore Casella[D], Anne O'Neill[U],Ann Diamond[LT]. Precinct 9: Wazden: Duncan MacQueen [CT]; Co-Clerk: Shirley Ament-Bergey [D], Renee Reynolds [D]; � Inspectors: Edith Paster [D], Carole Butler [L1], Anne Taylor [CJ], Clark Schuler [iT], Janet Lowther [R], Angela Marcucci[TJ],Robert Ryan[D];Mary B.Connor[D],Carol Flynn[U],Carole Scalise[R], The elecrion o�cers were sworn to the faithful performance of their duties. The polls were declared open in each precinct at seven o'clock A.M. and remained open until eight o'c,�flck P.M.,at which time,after due notice,the polls were declared closed. The total number of registered voters in each precinct eligible to vote as of October 18,2006 is as follows: Registered Voters Precinct Registered Democrat Republican Unenrol►ed� Other Voters 1 2052 783 263 999 7 2 2368 1051 245 1060 12 3 2100 805 274 1013 8 4 2339 1001 255 1071 12 5 . 2258 879 317 1055 7 6 2318 983 343 979 13 7 2342 941 273 1117 11 8 2161 846 280 1023 12 9 2177 795 253 1121 8 Totals 20115 8084 2503 9438 90 Recap sheets were delivered to the Town Clerk at the Town Office Building. 70% of the registered voters cast their vote. The Town Clerk canvassed the results: _.._ Absentee Ballots Precinct Applications Ballots Timely Processed Returned and Counted 1 118 105 2 120 103 3 137 127 4 168 155 5 113 108 6 145 135 7 146 130 8 g( 76 9 107 9g Specially Qualified 20 15 Total 1140 1037 3 " � November 7, 2006 State Election-Election Results, cont... Election Results Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL Total Reg Voters 2052 2368 2100 2339 2258 2318 2342 2161 2177 20115 � sr a ��d�,"'`�r��.��,�,. � �.��` ;',�� ,� �t,� _ �.r*'2"��'�f K V1 . �.'4�" .�"�'�,m' ,� �., ..ya'''� g c T'X �� *"`,? . T�o�a{Ug��,��a��.��_,��.��,>.'��m�:��_�'A�1��4�,�,��`��4`��'��1��-.ti ��`° } ��5� ':�15�.5��1.�4�� Percent(Total Votes/Total Voters) 66% 73% 69% 72% 67% 73% 71% 71% 70% 70% Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL SENATOR IN CONGRESS EDWARD M. KENN�DY (D) 957 1318 1082 1266 1079 1179 1239 1132 1074 10326 KENNETH G. CHASE ( R } 344 348 330 360 383 446 386 361 404 3362 ALL OTHERS 3 7 1 2 0 0 0 5 3 21 BLANKS 44 50 46 50 46 60 47 46 48 437 GOVERNOR HEALY and HILLMAN ( R ) 423 403 393 420 483 541 455 460 485 � 4063 PATRICK and MURRAY (D) 805 1186 962 1162 931 1051 1120 960 920 9097 MIHOS and SULLIVAN ( I ) 85 65 63 54 63 57 49 74 77 587 ROSS and ROBINSON (G-R) 24 55 33 32 25 24 34 39 38 304 ALL OTHERS 0 3 1 1 0 1 1 1 3 11 B LAN KS 11 11 7 9 6 11 13 10 6 84 ATTORNEY GENERAL MARTHA COAKLEY (D) 941 1326 1049 1278 1069 1178 1246 1141 1064 10292 LARRY FRISOLI ( R ) 337 303 340 321 375 425 355 323 406 3185 ALL OTHERS 0 1 1 0 2 1 0 0 2 7 BLANKS 70 93 69 79 62 81 71 80 57 662 SECRETARY OF STATE WILLIAM FRANCIS GALVIN (D) 782 863 808 898 877 980 1001 854 875 7938 JILL E. STEIN (G-R) 422 710 510 631 450 513 509 516 487 4748 ALL OTHER.S 2 2 2 2 3 4 1 5 6 27 BLANKS 142 148 139 147 178 188 161 169 161 1433 TREASURER � TIMOTHY P. CAHILL (D) 908 1174 1001 1130 1034 1123 1156 1037 1033 9596 JAMES O'KEEFE (G-R) 223 280 231 302 229 262 278 252 258 2315 ALL OTHERS 1 5 1 2 4 4 1 5 5 28 BLANKS 216 264 226 244 241 296 237 250 233 2207 AUDITOR � A. JOSEPH DENUCCI (D) 894 1178 983 1164 1014 1133 1180 1035 1022 9603 RAND WILSON {W) 204 209 205 202 204 211 197 199 225 1856 ALL OTHERS 1 1 2 0 3 0 1 2 4 14 BLANKS 249 335 269 312 287 341 294 308 278 2673 REPRESENTATIVE IN CONGRESS—SEVENTH DISTRICT EDWARD J. MARKEY (D) 1022 1346 1127 1298 1129 1241 1310 1141 1158 10772 ALL OTHERS 13 19 12 12 19 10 18 14 18 135 BLANKS 313 358 320 368 360 434 344 389 353 3239 COUNCILLOR-SIXTH DISTRICT-Pcts 1,2,4,5-7 MICHAEL J. CALLAHAN (D) 714 923 918 785 821 . 876 5037 WILLIAM JOHN BARABINO ( R ) 261 242 271 ,298 366 311 1749 ROSEMARY A. MACERO ( I ) 76 92 89 63 80 91 491 TED SARANDIS ( I ) 67 99 93 86 100 102 547 ALL OTHERS 0 1 2 0 0 0 3 BLANKS 230 366 305 276 318 292 1787 � COUNCILLOR-THIRD DISTRICT-Pcts 3,8,9 � MARILYN M. PETITTO DEVANEY ' ��° �II�'!I �� , (D) 908 912 925 2745 ALL OTHERS 6 4 11 21 BLANKS 545 628 593 1766 SENATOR IN GENERAL COURT -FOURTH MIDDLESEX DISTRICT—Pcts 1,2,4,5-7 ROBERT H. HAVERN, III (D) 940 1200 1178 1029 1124 1214 6685 ALL OTHERS 2 45 9 7 8 11 52 BLANKS 406 508 491 472 553 447 2877 _ __ _ ___ _. � __ . _ ___ __ _ __ _ _ _ _ ___ ___ _---- - November 7, 2006 State Election-Election Results, cont... � � � Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL SENATOR IN GENRAL COURT-THIRD MIDDLESEX DISTRICT-Pcts 3,8,9 SUSAN C. FARGO (D) 994 999 957 2950 SANDRA B. MARTINEZ( R ) 342 407 464 1213 ALLOTHERS 0 1 3 4 BLANKS 123 137 105 365 REPRESENTATIVE IN GENERAL COURT-NINTH MIDDLESEX DISTRICT-Pcts 2,3,4 THOMAS M. STANLEY (D) 1176 1020 1165 � � 3361 ALL OTHERS 16 8 8 32 BLANKS 531 431 505 1467 REPRESENTATIVE IN GENERAL COURT-FIFTEENTH MIDDLESEX DISTRICT-Pcts 1,5-7,8,9 " JAY R. KAUFMAN (D) 988 , �I � 1112 1227 1291 1160 1142 6920 ALL OTHERS 7 8 9 11 8 11 54 BLANKS 353 388 449 370 376 376 2312 DISTRICT ATTORNEY- NORTHERN DISTRICT GERARD T. LEONE, JR (D) 868 1114 944 1081 971 1039 1068 927 953 8965 ALL OTHERS 4- 10 8 7 6 4 5 6 6 56 BLANKS 476 599 507 590 531 642 599 611 570 5125 CLERK OF COURTS-MIDDLESEX COUNTY MICHAEL A. SULLIVAN (D) 896 1127 962 1096 983 1052 1097 967 961 . 9141 ALL OTHERS 4 5 7 5 7 4 7 4 6 49 BLANKS 448 591 490 577 518 629 568 573 562 4956 REGISTER OF DEEDS-MIDDLESEX SOUTHERN DISTRICT EUGENE C. BRUNE (D) 824 1031 885 1009 881 978 997 906 899 8410 ALL OTHERS 3 4 1 5 5 5 6 2 7 38 BLANKS 521 688 573 664 622 702 669 636 623 5698 QUESTION#1 - Sale of Wine by Food Stores Law Proposed by Initiative Petition YES 601 808 705 804 690 823 801 681 706 6619 NO 674 850 682 801 748 802 813 789 759 6918 =-- BLANKS 73 65 72 73 70 60 58 74 64 609 QUESTION#2 -Nomination of Candidates for Public Office Law Proposed by Initiative Petition YES 435 618 473 556 499 502 546 488 479 4596 NO 759 943 841 952 837 . 1027 978 898 _:866 8101 BLANKS 154 162 145 170 172 156 148 158 184 1449 QUESTION#3 -Family child Care Providers Law Proposed by Initiative Petition YES 579 815 621 762 626 705� 773 672 622 6175 NO 611 712 670 742 709 825 760 683 706 6418 BLANKS 158 196 168 174 173 155 139 189 201 1553 QUESTION#4-3rd Middlesex Senate District(Pcts 3,8,9) This question is not binding. Shall the state senator from this district be instructed to vote in favor of legislation that would allow seriously ill patients,with their doctor's written recommendation,to possess and grow small amounts of marijuana for their personal medical use? YES 937 ��'� � i� � ��i I �� 970 952 2859 NO 361 386 401 1148 BLANKS 161 188 176 525 QUESTION#4-(Pcts 1,2,4,5,6,7) QUESTION#5-(Pcts 3,8,9) 9th & 95th Middlesex Representative Districts This question is not binding. Shall the state representative from this district be instructed to vote in favor of a resolution calling upon the ----• President and Congress of the United States to end the war in Iraq immediately and bring all United States military forces home from Iraq? YES 716 1027_ 773 933 778 858 905 880 779 7649 NO 440 484 515 514 505 611 571 479 557 4676 BLANKS 192 212 171 231 225 216 196 185 193 1821 A true copy. �.y� Attest: ��1.��/ J( D nna M.Hooper,Town erk 370 2006 SPECIAL TOWN MEETING (#1) _ November 29,2006 (See Warrant File for Warrant) The Special Town Meeting (#1) of November 29, 2006 was called to order by Moderator Margery M. Battin, at 7:30 p.m. at the Cary iblemorial Building, 1605 Massachusetts Avenue. A quorum of 170 members was present. Town Clerk Donna M. Hooper read the Warrant for the Meeting until waived. The Town Clerk read the Consta.ble's Return of the Warrant. 7:32 p.m. Selectman Norman Cohen moved the Special Town Meeting (#1) be adjourned for 5 minutes. Motion Unanimously Adopted. A true copy. Att st: � �. ' ��..��. Donna M. Hooper, Town erk 2006 SPECIAL TOWN MEETING (#2) November 29,2006 (See Warrant File for Warrant) . The Special Town Meeting (#2) of November 29, 2006 was called to order by Moderator Margery M. Battin, at 7:35 p.m. at the Cary Memorial Building, 1605 Massachusetts Avenue. A quorum of 170 members was present. Town Clerk Donna M. Hooper read the Warrant for the Meeting until waived. The Town Clerk read the Constable's Return of the Warrant. 7:34 p.m. Moderator Margery M. Battin requested to rise for a moment of silence in r i memory of Cornelius P. Cronin who recently passed away. Mrs. Battin recognized the contributions Mr. Cronin had made to Lexington during the 103 years of his life and residency. 7:36 p.m. Selectman Norman Cohen moved the Special Town Meeting (#2) be adjourned unti17:30 p.m.,Wednesday, December 6, 2006, at the National Herita.ge Museum. Motion Unanimously Adopted. � A true copy. Attest: � . ,(��'�'�-�12; � � ; Donna M. Hooper, T wn Clerk November 29,2006 Adjourned Session of the November 29,2006 Special Town Meeting(#1) Moderator Margery M. Battin called to order the Adjourned Session of the November 29, 2006 Special Town Meeting(#1) at 7:37 p.m. and reviewed general instructions for the members. ARTICLE 1: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES 7:43 p.m. Alan Levine,pr.8,moved the Report of the Appropriation Committee be Accepted and Placed on File. Motion Unanimously Adopted. 7:44 p.m. Charles Lamb,pr.4,moved the Report of the Capital Expenditures Committee be Accepted and Placed on file. Motion Unanimously Adopted. The Moderator recognized Town Manager Cari Valente for a report on the newly installed Cary Hall sound system. 7:47 p.m. Selectman Norman Cohen moved Article 6 be taken out of order. Motion Unanimously Adopted. ___— __ _ _ ___ _ __ _ _ � -- -_ _ __ _ _ _ _ _ _ _ __ _____ ---_ - November 29, 2006 Special Town Meeting, cont... � I y 7:48 p.xn. Presented by Selectman Norman Cohen. ARTICLE 6: APPROPRIATE FOR AFFORDABLE HOUSING PURPOSES MOTION: That$50,000 be appropriated to Lexington Housing Assistance Board, Inc. (LexHAB)to support_the provision of affordable housing withiM the Town; and that said sum be ra.ised in the tax levy. Selectman Cohen requested a point of personal privilege to acknowledge the contributions made by Marshall Derby in lus involvement with the Lexington Housing Assistance Board (LexHAB)with vvhich he becarne a member in 1987, and for the past 15 years served as Chairman. Mr. Cohen enumerated on Mr. Derby's value to LexHAB and to Lexington. Members acknowledged Mr. Derby — with a standing ovation. 7:53 p.m. Norman Cohen explained the requested action of Article 6 and reported the unanimous support of the Board of Selectmen. 7:54 p.m. Alan Levine,pr.8,reported the unanimous support of the Appropriation Committee. 7:55 p.m. Motion Unanimously Adopted. 7:55 p.m. Presented by Selectman Jeanne Krieger. ARTICLE 2: AMEND FY2007 OPERATING BUDGET MOTION: That the motion under Article 17 of the 2006 Annual Town Meeting be amended as follows: Line Item Program From To 1100 Education $62,346,492 $63,419,500 � 2130 Group Insurance $18,213,285 $18,160,485 2140 Unemployment $70,000 $122,800 And to meet this appropriation$1,073,008 be raised in the tax levy. Selectman Jeanne Krieger moved to take up line items 2130 and 2140 first. Motion Adopted. �,. Selectman Krieger requested the Moderator recognize Town Manager Carl Valente for a presentation on requested changes in appropriations,to be followed by Thomas Diaz for the School Cornmittee. 7:56 p.m. Town Manager Carl Valente updated the members on revenue changes�nd requested appropriations. 8:01 p.m. School Committee Cha.irman Thomas Diaz addressed the supplemental request � for Special Education Department [SPED] funding. . 8:22 p.m. Alan Levine,pr.8, reported the unanimous support of the Appropriation Committee for line item 1100,line item 2130; and 2140. 8:24 p.m. Sheldon Spector,pr.6, questioned changes through 1:he end of the school year and the anticipated approach to be taken by th� School Department to address such changes. Mr. Diaz responded. 8:26 p.m. Scott Burson,pr.4, spoke in support. 830 p.m. Patrick Mehr,pr.3, questioned SPED cost saving initiatives and raised concerns on energy saving initiatives. After back and forth comments the Moderator ruled Mr. Mehr's persistence to address energy saving questions to be out of order. �.,.__ 8:33 p.m. James Wood,pr.7, questioned the School Committee regarding any formal discussions with elected state officials regarding circuit breaker funding. 8:34 p.m. School Committee Chairman Thomas Diaz replied. 8:36 p.m. Ephraim Weiss,pr.5, spoke in opposition. 8:37 p.m. Iang Jeon,pr.l, questioned School Committee statistics on special education . 3 � � November 29, 2006 Special Town Meeting, cont... - School Committee Chairman Thomas Diaz provided additional statistics. Mr. Jeon questioned sta.tistics further,to which Mr. Diaz responded. 8:45 p.m. Bonnie Brodner,pr.3; spoke in su�port. 8:46 p.m. Dawn McKenna,pr.6, questioned the data. Mr. Diaz and Mrs. McKenna responded further. 8:53 p.m. Jessie Steigerwald,pr.8, spoke in support and rejected waiting to act until the Spring Town Meeting. 8:54 p.m. Appropriation Committee member Deborah Brown commented on the timing for requested funds and of the need to signal now the intent to cover the expenses. 8:57 p.m. Loretta.Porter,pr.5, moved the question. Motion Adopted. 8:57 p.m. Article 2 Motion Adopted. 8:57 p.m. Presented by Selectman Norman Cohen. ARTICLE 3: AMEND FY2007 ENTERPRISE FUND BUDGETS MOTION: That parts (a) and(b) of the motion under Article 18 of the 2006 . Annual Town Meeting be amended as follows: (a) That the appropriation to operate the Water Division of the Department of Public Works during fiscal y.ear 2007 under the provisions of M.G.L. chapter 44, section 53F1/2 be changed from$6,038,135 to $5,728,822 by amending the following line item(s): From To 1VIWR.A Assessment $4,341,830 $4,032,517 And that the authorization to the Board of Selectmen to transfer an amount � from the Water Enterprise Fund to the General Fund for indirect water expenses appropriated in the General Fund be amended as follows: � From To Transfer of Indirect Water Expenses $918,613 $883,963 And that the total appropriation, as amended, shall be funded with$500,000 of Water Enterprise Fund retained earnings with the remainder to be funded with water receipts. (b) That the appropriation to operate the Wastewater Division of the Department of Public Works during fiscal year 2007 under the provisions of M.G.L. chapter 44, section 53F1/2 be changed from$6,854,614 to $6,705,609 by amending the following line item(s): From To MWRA Assessment $5,782,838 $5,633,833 And that the authorization to the Board of Selectmen to transfer an amount from the Wastewater Enterprise Fund to the General Fund for indirect wastewater expenses appropriated in the General Furid be amended as follows: r � From To --� Transfer of Indirect Wastewater Expenses $774,300 $753,950 And that the total appropriation, as amended, shall be funded with wastewater receipts. Mr. Cohen summarized requested action and reported the unanimous support of the Board of Selectmen. _ __ _ __ __ _ _ _ _ � __ _ _ . _ _ ____ ____ _ __ __ November 29, 2006 Special Town Meeting, cont... � � � 9:01 p.m. Alan Levine reported the unanimous support of the Appropriation Committee. 9:01 p.m. Article 3 Motion Adopted. 9:02 p.m. The Moderator ruled the Motion under Article 4 would be divided into 4 separate parts and would be discussed and voted upon separately. 9:02 p.m. Presented by Selectman Richaxd Pagett. Article 4: COMMUNITY PRESERVATION FUND MOTION: That the Town hear and act on the report of the Community Preservation Committee, and pursuant to the recommendations of the Comxnunity Preservation Committee,make appropriations as follows: � �--- 9:02 p.m. Selectman Pagett summarized reeommendations of the Community Preservation Committee and requested Committee Chairperson Betsey Weiss be recognized for fiu-ther explanation. (a) That$20,000 received from the Jefferson Union settlement be appropriated to the Community Preservation Fund—Historic Reserve. Betsey Weiss, pr.2, summarized work of the Committee and reviewed requested action under Part(a). Richard Pagett reported unanimous support of the Board of Selectman on part(a). Alan Levine reported unanimous support of the Appropriation Committee on part(a). 9:07 p.m. Dawn McKenna, pr.6, spoke in opposition and raised a question on the Demolition Bylaw. Town Counsel William Lahey responded. 9:11 p.m. Selectman Peter Kelley spoke on the circumstances of the Jefferson Union building. . 9:13 p.m. Paul Lapointe, pr.2, questioned the Board of Selectmen on the appropriation. � Selectman Richard Pagett explained the settlement as it pertains to historic preservation services. 9:14 p.m. Bebe Fallick,pr.6, questioned the 2-year demolition delay. 9:15 p.m. Alan Levine,pr.8, served Notice of Reconsideration on Article 2 and Article 3. � 9:15 .m. Article 4 art a Declaxed Ado ted. !..� p P � ) P 9:15 p.m. Dawn McKenna,pr.6, served Notice of Reconsideration on Article 4,part(a). 9:17 p.m. Betsey Weiss, pr.2, explained Article 4, part (b) requested action. Richard Pagett reported a majority of the Board of Selectmen support Article 4,part(b.}. (b) That$25,000 be appropriated from the general unreserved fund balance of the Community Preservation Fund for Phase I of the Hancock-Clarke House historic restoration project. . 9:18 p.m. Charles Lamb, pr.4, reported the unanimous support of the Capital Expenditures Committee for Article 4, part (b). Eric Michelsan, pr.2, reported the unanimous support of the Appropriation Committee for Article 4,part(b). 9:21 p.m. Gloria Bloom, pr.4, questioned requested general unreserved fund balance as source of funding. Town Manager Carl Valente responded. 9:22 p.m. Selectman Peter Kelley spoke in opposition of Article 4, part (b) and of his concern with use of Community Preservation funds on private buildings. 9:25 p.m. Andrew Friedlich,pr.5, spoke in support. �..: 9:27 p.m. Selectman Richard Pagett responded to the concerns of Mr. Friedlich. 9:29 p.m. Steve Heinrich, pr.3, questioned Town Counsel on funding of non-town owned projects. Town Counsel William Lahey provided an opinion. 9:30 p.m. Paul Hamburger,pr.5, questioned the balance in the historic preservation account, to which Town Manager Carl Valente responded. 3 � � November 29, 2006 Special Town Meeting, cont... 9:31 p.m. Loren Wood, pr.3, questioned the proposed project. Lexington Historical Society Executive Director Susan Bennett explained efforts will be directed at seeking federal funding. Loren Wood further inquired about the Town's obligation to � fund the project. Selectman Richard Pagett explained approval of this request for funding does not carry a guarantee to fund the project. 9:33 p.m. Article 4, part(b)Declared Adopted. Chaxles Lamb,pr.4, served Notice of Reconsideration on Article 4, part(b). 9:35 p.m. Betsey Weiss,pr.2, explained requested actian for Article 4,part( c). (c) That$44,000 be appropriated from the general unreserved fund balance of the � Community Preservation Fund for a freight elevator for the Lexington Depot �-�' restoration and rehabilitation project; and further that the Board of Selectmen be authorized to enter into an agreement with the owner of the property requiring that the amount of the appropriation with interest be repaid to the Community Preservation Fund in the event that the Depot is sold. Richard Pagett reported the support of a majority of the Board of Selectmen. Charles Lamb,pr.4,reported the unanimous support of tlie Capital Expenditures Committee. Eric Michelson reported the opposition of the Appropriation Committee on a vote of 7-2. 9:45 p.m. Frank Sandy,pr.6, questioned the motion. 9:45 p.m. Selectman Peter Kelley spoke in,opposition to Article 4, part(c). 9:47 p.m. Florence Baturin,pr.6, spoke in support. 9:49 p.m. Loren Wood,pr.3, questioned the eligibility of private entities for CPA funding. Betsey Weiss and Richard Pagett responded. � 9:51 p.m. Marsha Baker,pr.6, spoke in support 9:53 p.m. David Kaufman,pr.6, questioned viewing the freight elevator as a building restoration. Richard Pagett further explained. 9:55 p.m. Richard Michelson,pr.8, spoke in opposition. � 9:57 p.m. Gerald Paul,pr.4, spoke in support. 9:59 p.m. Paul Hamburger,pr.5, questioned Community Preservation Committee � comparison of this project against others. 9:59 p.m. Eric Michelson,pr.2,reaffirmed the Appropriation Committee's opposition on a vote of 7-2. Betsey Weiss stunmarized applications received for the Fall Special Tawn Meeting. 10:00 p.m. Reid Zurlo,pr.3,moved the question. Motion Adopted. - 10:00 p.m. Article 4,part(c)Adopted. Charles Lamb,pr.4, served notice of Reconsideration on Article 4,part(c). With more than 20 members having doubted the vote,the Moderator called for a standing vote on Article 4,part(c),tallied as follows: Precinct Yes No 1 7 7 , 2 6 11 3 8 6 4 12 3 5 7 9 6 9 9 7 12 2 8 6 5 9 8 8 ,- AL 9 '7 1 TOTAL 84 67 I � 10:04 p.m. With 84 having voted in the �rmative and 67 in the negative,the Moderator declared Article 4, part(c)Adopted. 10:05 p.m. Betsey Weiss summarized requested action under Article 4,part(d). Selectman Richard Pagett reported the unanimous support of the Boaxd of Selectrnen. (d) That$60,000 be appropriated from the general unreserved fund balance of the Community Preservation Act for shelving for the main vault of the Cary Memorial Building, in furtherance of its rehabilitation for its intended use. _-- ___-- -___ __ � __ ____._ _ _ _ _ ___ ___ ._ - --_ _ November 29, 2006 Special Town Meeting, cont... � � " 10:05 p.m. Charles Lamb,pr.4,reported the unanimous support of the Capital Expenditures Committee. Eric Michelson,pr.l,reported the unanimous support of the Appropriation Committee. 10:06 p.m. Article 4, part(d) Unanimously Adopted. 10:08 p.m. Chaxles Lamb,pr.4, served Notice of Reconsideration on Article 4,part(d). 10:08 p.m. Presented by Selectman Hank Manz. ARTICLE 5: ACCEPT MGL CHAPTER 39 SECTION 23D � MOTION: That the Town hereby accept Section 23D of Chapter 39 of the �---� Massachusetts General Laws. 10:08 p.m. Selectman Hank Manz explained requested action and reported the unanimous support of the Board of Selectmen. 10:10 p.m. Planning Board Chairman Wendy Manz spoke in support on behalf of the regulatory boards—Planning Board,Board of Appeals, Board of Health, and � Conservation Comxnission. 10:12 p.m. Albert Zabin,pr.l, spoke in opposition. 10:16 p.m. Ephraim Weiss,pr.5, questioned the board on the number of cases that could be impacted by such action. 10:18 p.m. Conservation Commission Chairman Joyce Miller and Charles Hornig,Planning Board, responded. 10:20 p.m. Town Counsel William Lahey explained statutory requirements. � 10:24 p.m. Members continued inquiries regarding the statute, ability to comply, and potential ixnpact on implementation. 10:37 p.m. Reid Zurlo,pr3,moved the question. Motion Adopted. 10:38 p.m. Motion Adopted. � 10:38 p.m. Presented by Selectman Peter Kelley. Article 7 ACCEPT MGL CHAPTER 71, SECTION 37M . �� (JOINT FACILITIES DEPARTMENT) MOTION: That the Town hereby accept�ection 37M of Chapter 71 of the Massachusetts General Laws. 10:38 p.m. Selectman Kelley explained requested action. School Committee Chairman Thomas Diaz reported the unanimous support of the School Committee and explained benefits for adoption. 10:41 p.m. Ephraim Weiss,pr.5, spoke in support. 10:41 p.m. Alan Levine,pr.8, reported unanimous support of the Appropriation Committee. 10:42 p.m. Motion Unanimously Adopted. 10:43 p.m. Presented by Selectman Peter Kelley. Article 8 APPROPRIATE FOR SEPTIOR SERV�CE PURPOSES MOTION: That$11,000, in addition to the sum appropriated under Article 22 of the 2006 Annual Town Meeting,be appropriated for the�purpose of conducting a Senior Service Program,to be spent under the direction of the Town Manager; � and to meet this appropriation$11,040 be raised in the tax levy. 10:43 p.m. Selectman Kelley explained requested action and reported the unanimous support of the Board of Selectmen. -.- 10:43 p.m. Alan Levine,pr.8, reported unanimous support of the Appropriation Committee. 10:44 p.m. Motion Unanimously Adopted 10:44 p.m. Selectman Jeanne Krieger moved to dissolve Special Town Meeting#l. Motion Unanimously Adopted. A true copy. Ai-�est: �;' �'�1�'�j�n.��1� , � �orina M. Hooper, Town Clerk 376 December 6,2006 Adjourned Session of the November 29,2006 Special Town Meeting(#2) Moderator Margery M. Battin called to order the Adjourned Session of the November 29, 2006 Special Town Meeting (#2) at 7:30 p.m. at�he National Heritage Museum, 33 Marrett Road. A quorum of 152 members was present. 7:33 p.m. The Moderator declaxed a brief recess for a presenta.tion by Permanent Building Committee Chairman Phil Poinelli to retiring member MaryLou Touart for her years of service on the Permanent Building Committee. Selectman Norman Cohen ex � tended appreciation to John Ott and the National Henta.ge Museum . for again welcoming Town Meeting to the auditorium in light of the unavailability of Cary Hall. 7:38 p.m. The Moderator called the meeting to order and announced Article 1 would be open for the duration of the meeting. ARTICLE 1: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES 7:39 p.m. Alan Levine,pr.8,moved the Report of the Appropriation Committee be Accepted and Placed on File. Motion Unanimously Adopted. 7:40 p.m. Charles Lamb,pr.4,moved the Report of the Capital Expenditures Committee be Accepted and Placed on file. Motion Unanimously Adopted. 7:41 p.m. Presented by Selectman Jeanne Krieger. ARTICLE 2: APPROPRIATE FOR A DPW FACILITY MOTION: That$1,600,000 be appropriated for the cost of engineering and architectural services for plans and specifications for a new Department of Public Works facility,to be spent under the direction of the Permanent Building Committee and the Town Manager; and that to meet this appropriation the Treasurer with the approval of the Board of Selectmen is authorized to borrow $1,600,000 under G.L. Chapter 44, section 7 or any other enabling authority. r�' I Selectman Krieger reviewed the motion,building proposal,and explained process . -�—� taken and decisions of the Board of Selectmen regarding siting of new building. 7:46 p.m. Permanent Building Committee Chairman Phil Poinelli summarized the process that has taken place during the Conceptual Design and Design Development stages. 7:53 p.m. Public Works Director William Hadley summarized the ways the proposed design will improve efficiency and effectiveness, addressed plans for a combined facilities department, and space needs. 8:05 p.m. HKT architect Janet Slemenda, and Weston& Sampson engineer Jeff Alberti, reviewed the work of HKT and Weston&,.Sampson, including building design and space needs. 8:18 p.m. Permanent Building Committee Chairman Phil Poinelli summarized the proposed project schedule. 8:19 p.m. Robert Addelson, Assistant Town Manager for Finance,reviewed estimated tax impact. .--� 8:21 p.m. Selectman Peter Kelley spoke to why the project is the correct project,the need for the project,the means by which it serves the community, and the steps for moving forward. 8:29 p.m. Capital Expenditures Committee member Ted Edson reported the Committee's unanimous endorsement. 8:31 p.m. Alan Levine, pr.8, reported the Appropriation Committee's unanimous support and advocacy for design funds for preparation of bid specification documents as proposed. ___ _ _- _ _ _ _ _--- --- -- -- --__ _ ___ - __ _ _ _ I _ ___ __ December 6, 2006 Adjourned Session of the November 29, 2006 Special Town Meeting, cont.... � � � 8:35 p.m. Paul Chernick,pr.6,reported on behalf of the Energy Conservation Committee. 8:37 p.m. Dawn McKenna;pr.6, spoke in support. 8:41 p.m. Eric Carlson, pr.6, questione�i relocation during construction. Public Works Director William Hadley reviewed options under consideration. 8:42 p.m. Patrick Mehr, pr3, questioned costs to date, bid options, and space to be vacated at the Town Office Building. Phil Poinelli, Permanent Building committee, responded. Town Counsel William Lahey confirmed public bidding laws must be � followed. HKT Architect Janet Slemenda, and Weston & Sampson engineer Jeff ,�,._. Alberti spoke to escalating costs. 8:50 p.m. DPW Director William Hadley addressed current overcrowding at the Town Office Building and need for additional space. 8:54 p.m. James Wood, pr.7, commented on degree of completeness of plans and documents. Phil Poinelli responded. 9:00 p.m. Charles Moore, pr.8, questioned energy savings standards. Janet Slemenda reviewed cost differential of silver and gold standards. 9:03 p.m. Narain Bhatia,pr.9, spoke in favor. 9:06 p.m. Paul Chernick, pr.6, questioned the project timing. Jonathan Himmel, Permanent Building Committee, clarified anticipated timeline and schedule for proceeding. 9:13 p.m. Richard Michelson, pr.8, questioned holding of the debt override, questioned the debt service proposal reviewed, and allocation to tax levy and water/sewer bills. Town Manager Carl Valente explained the plan presented had not been accepted by the Board of Selectmen. 9:17 p.m. Paul Hamburger, pr.5, commented on whether or not to proceed and if the vote is agreeing to continue. Selectman Jeanne Krieger clarified the intention is to proceed, and to decide within the upcoming weeks exactly what we are "� proceeding with. I � � - 9:24 p.m. Reid Zurlo, pr3, moved the question. Motion Adopted. 9:24 p.m. Article 2 Motion Unanimously Adopted. 9:25 p.m. Selectman Jeanne Krieger moved Special Town Meeting#2 be dissolved. 9:25 p.m. Motion Unanimously Adopted. A true copy. A est: � r/ � �, @ �..d� ' ��c{,�'�'�. �� , � F orina M. Hooper � Judith M. Boxer, 33 Philip Rd. , elected to a 3-year term as Town Meeting Member, precinct 2, at the 2005 Annual Town Election, removed from Precinct 2 effective November 22, 2006. The unexpired term will be filled at the 2007 Annual Town Elec�ion, to expire March 2008. � Gloria Holland, 3 Apri1 Ln, elected to a 3=year term �as Town Meeting Member, precinct 3, at the 2005 Annual Town Election, removed from Precinct 3 effective December 18, 2006. The unexpired term will be filled at the 2007 Annual Town � Election, to expire March 2008. 378 � WARRANT FOR TOWN ELECTION — (SEE WARRANT FILE) TOWN ELECTION — MONDAY, MARCH 5, 2007 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Monday, March 5, 2007, at 7:00 a.m. . The following places were designated as the voting places for the various precincts: Precinct One, Cary Memorial Building; Precinct Two, Bowman School; Precinct Three, Jonas Clarke Middle School; Precinct Four, Bridge School; Precinct Five, Cary Memorial Building; Precinct Six, William Diamond Middle School; Precinct Seven, Joseph Estabrook School; Precinct Eight, Central Fire Station; Precinct Nine, Maria Hastings ---� School � � The election officers and Wardens of the various precincts were assigned for duty as follows: Precinct 1: Warden: Richard Pemberton [U]; Clerk: Richard Spillane [U]; Inspectors: Edwina Spillane[U], Jeanette Cerulli [D], Doris Pemberton [U], William Barrett(R], Jean Barrett[R], Joyce Defandorf[U], John Defandorf[U], Eileen McAlduff[D], John Yanakis[U] . Precinct 2: Warden: Rebecca Fagan [U]; Clerk: Susanne Hays [U]; Inspectors: Arline Burns [D], Dorothy Bond [U], Joseph Pato [D], Lillian MacArthur [U], Marita Hartshorn [D], Dorothy Zaborowski [D], Margaret Freeman [U], Charles Freeman [R], Margaret Ouelette [D], Mary Ellen Turner[D]. Precinct 3: Warden: Shirley R. Frawley [D]; Clerk: Faith Fenske [U]; Inspectors: Robert Tracey [D], M. Elinor Greenway [D], Lillian Drury [U], Laura Welby [U], Anthony Sacco [U], William Frawley [D], Francine Edwards [D], Elizabeth McLaughlin [D], Jyoti Rao [D], L. Susan Conway [U ], Stacey Hamilton [D]. Precinct 4: Warden: Gulli Kula [D]; Clerk: Robert W. Bennett [Uj; Inspectors: Beverly Aker [U], Dana Regillo [R], Eleanor Smith [U], Evangeline Puopolo [U], Gloria Curran [U], Lynda Laurence [D], Mary R. O'Brien [R], Ephraim Weiss[D]. � Precinct 5: Warden: Eric Kula [D]; Clerk: Bernice Gerrig [U]; Inspectors: Ann Webster[U], Barry E. Sampson [U], Linda Cohen [U], T. John Quinlan [R], Alice D. Stringos [U], Donna M. Keane [U ), Barbara Sandler[U], Susan Solomon [U]. Precinct 6: Warden: Dorothy Boggia [R]; Clerks: Arthur Katz [D], Charles Price [U]; Inspectors: Hazel Graham [D], Alla Fedus [U], Burton Smith [R], Catherine Rego [D], ,Mary Tashjian [U], Anne Mary Dunn [U], Barbara Daley[U], Edgar Knudson [D], Shirley Bullock[R]. � Precinct 7: Warden: Margaret Bradley [D]; Clerk: Alice Pierce [D]; Inspectors: Mary Ayvazian I [D], Mildred Collentro [D], Isabelle Bennett [R], Mabel Amar [D], Elizabeth Weiss [U], Nancy Hubert[D], Anne Conceison [U], Carol Bumbaca [U]. Charlotte Ford [D]. ---� Precinct 8: Wardens: Marie Hill [U], Leo Chudigian [U]; Clerks: Judith Chudigian [U], Barbara Perrotta(D]; Inspectors: Elinor Bettencourt [R], Anthony Montagna [U], John Ayvazian [D], Ann Diamond [U], Adele Barnes [U], Salvatore Casella [D], Anne B. O'Neill [U], Julie Miller[U]. Precinct 9: Warden: Shirley Ament-Bergey [D], Clark Schuler [U]; Clerk: Renee Reynolds [D]; Inspectors: Angela Marcucci [Uj, Janet Lowther[R], Carole Scalise[R], Judith Schuler [U], Edith Paster [D], Anne Taylor [U], Robert Ryan [D], Mona Leary [U], Elizabeth Sullivan [D], Dorothy Bolduc[U], The election officers were sworn to the faithful performance of their duties. The polls were declared open in each precinct at seven o'clock A.M. and remained open until eight o'clock P.M., at which time, after due notice, the polls were declared closed. Total of 19,826 registered voters eligible to vote as of February 13, 2007: Pct. Registered Democrat Republican Unenrolled Other* Voters 1 2001 768 253 973 7 2 2321 1027 237 1044 13 3 2066 805 264 992 5 4 2314 996 252 1054 12 5 2218 864 317 1031 6 �1 6 2298 967 345 974 12 � 7 2307 935 267 1095 10 8 2146 845 274 1096 11 9 2155 788 242 1119 6 Total 19826 7995 2451 9298 82 "Political Designations include: American Independent, ConservatiVe, Green Party USA, Reform, Green-Rainbow, Liberfarian, World Citizens Party, Interdependent 3'd Party, and Socialisf. " --- -__ _ - -- __ _ --_ _--__ __ _ _ _ _ _ _ ___, _ ---- _ _ ____ ----- _ 1 March S, 2007 Annual Town Election, cont........ 3 7 9 Election results were delivered to the Town Clerk at the Town Office Building. 30% of the registered voters cast their vote. The Town Clerk canvassed results as follows: ABSENTEE BALLOT BREAKDOWN Applications Ballots Ballots Returned Ballots Pct Processed Returned Late/Undeliverable/ Counted Rejected 1 18 14 4 14 2 30 27 3 27 3 40 38 2 38 4 41 38 3 38 i 5 28 25 3 25 6 40 37 3 37 � 7 38 � 34 4 34 ��" 8 25 25 0 25 9 23 20 3 20 Totals 283 258 25 258 TOWNWIDE OFFICES PCT 1 PCT 2 PCT 3 PCT 4 PCT 5 PCT 6 PCT 7 PCT 8 PCT 9 TOTAL TOTAL VOTERS 2001 2321 2066 2314 2218 2298 2307 2146 2155 19826 TotalVotes 474 750 563 749 610 799 687 663 568 5863 Percent 24% 32% 27% 32% 28% 35% 30°/a 31% 26% 30% SELECTMEN(Vote for TWO;for THREE Years) . PCT 1 PCT 2 PCT 3 PCT 4 PCT 5 PCT 6 PCT 7 PCT 8 PCT 9 TOTAL *JEANNE K.KRIEGER 252 504 391 514 357 494 434 428 329 3703 *GEORGE A. BURNELL 256 438 338 470 348 447 428 381 315 3421 LEO P.McSWEENEY 250 305 21-0 289 277 356 282 295 292 2556 � WRITE-INS 10 3 13 8 6 18 7 8 12 85 � BLANKS 180 250 174 217 232 283 223 214 188 1961 i *elected for 3 years MODERATOR(Vote for ONE;for ONE Year) PCT 1 PCT 2 PCT 3 PCT 4 PCT 5 PCT 6 PCT 7 PCT.8 PCT 9 TOTAL *MARGERY M.BATTIN 283 499 383 490 393 528 463 439 368 3846 WRITE-INS 1 4 2 3 0 4 2 0 3 19 BLANKS 190 247 178 256 217 267 222 224 197 1998 "elected for 1 year SCHOOL COMMITTEE(Vote for TWO;for THREE Years) PCT 1 PCT 2 PCT 3 PCT 4 PCT 5 PCT 6 PCT 7 PCT 8 PCT 9 TOTAL *THOMAS R. DIAZ 209 451 310 443 286 398 374 339 251 3058 OLGA P.GUTTAG 225 . 309 210 307 321 411 294 282 246 2605 "MARGARET E.COPPE 214 387 312 392 240 334 336 324 286 2825 ALAN V.SEFERIAN 228 233 197 255 292 333 238 258 237 2271 WRITE-INS 0 0 0 1 0 3 0 0 1 5 BLANKS 72 120 97 100 81 119 135 123 115 962 'elected for 3 years PLANNING BOARD(Vote for ONE;for THREE Years) � _� PCT 1 PCT 2 PCT 3 PCT 4 PCT 5 PCT 6 PCT 7 PCT 8 PCT 9 TOTAL *WENDY MANZ . 268 456 352 452 367 475 426 397 354 3547 � WRITE-INS 1 2 2 0 1 2 1 3 6 18 BLANKS 205 292 209 297 242 322 260 263 208 2298 *elected for 3 years HOUSING AUTHORITY(Vote for ONE;for FIVE Years) PCT 1 PCT 2 PCT 3 PCT 4 PCT 5 PCT 6 PCT 7 PCT 8 PCT 9 TOTAL *LEONA W.MARTIN 249 413 331 429 348 436 388 370 306 3270 WRITE-INS 1 3 2 0 1 2 2 1 5 17 BLANKS 224 3$4 230 320 261 361 297 292 257 2576 �elected for 5 years 3 8 o March S, 2007 Annual Town Election, cont........ TOWN MEETING MEMBERS PRECINCT 1 — Seven for Three Years Total Total *ERIC JAY MICHELSON 283 Debora Hoard 3 *JONATHAN G.COLE 249 David Dreliich 1 *CAROL J.SAMPSON 248 Elizabeth Drellich 1 *BARRY E.SAMPSON 237 Margaret Muckenhoupt 1 *JOEL STEVEN SLOTKIN 222 Markus Pinney � 1 *JOHN P. BREEN 221 All Others 0 '`IANG JEON 2A3� BLANKS 1648 "`elected for 3 years .--, PRECINCT 2— Seven for Three Years; One for One Year � Total � Total �---� *BETSEY WEISS 419 �`ADAM D. SACKS 309 *JENNIFER M.VOGELZANG 400 KEVIN KENNETH FOLEY 243 *ALESSANDRO A.ALESSANDRINI 390 MICHAEL D.MORRISEY 223 "ANDREW MCALEER 380 James Wilson 5 *RITA B.GOLDBERG 371 *JOHN T.SACKTON 322 Ali Others � 0 *NANCY E.NOLAN 316 BLANKS 2622 "elecfed for 3 years; *"elected for 1 year PRECINCT 3 — Seven for Three Years; One for One Year Total Total *THOMAS R.DIAZ 351 �*PATRICK R.MEHR 229 *PETER B.LEE 345 ALEXANDER E. NEDZEL 222 *SHERRY L.GORDON 326 John Carroll 1 *GLENN P.PARKER 303 Frank Fotis 1 *NANCY M.CANNALONGA 283 � *LOREN WOOD 278 All Others � 0 "BENJAMIN J.COHEN 270 BLANKS 1895 *elected for 3 years; "*elected for 1 year PRECINCT 4— Seven for Three Years � Total Total i *SCOTT F.BURSON 424 ADAM D.SEITCHIK 200 *JOHN S. ROSENBERG 406 Joan Zahka 46 � *CHARLES W.LAMB 402 Peter Enrich 1 *JOHN J.KRAWCZYK 385 Sarah Michaeis 1 *SANDRA J.SHAW 384 James 0'Keefe 1 '`NYLES NATHAN BARNERT 372 Evan Seitchik . 1 - *MARGARET B.HEITZ 375 JOHN M.PATRICK 204 All Others 0 *elecfed for 3 years BLANKS 2140 PRECINCT 5 —Seven for Three Years Total Total *JEROLD S.MICHELSON 346 *GLORIA V.HOLLAND 254 kM.MASHA TRABER . 324 JEFFREY J.CRAMPTON 218 *ANDREW J.FRIEDLICH 321 Charles T.Vail 1 *IRENE M.DONDLEY 315 Jill Smilow 1 "CAROL A.LIFF 315 All Others 0 *MARILYN M.FENOLLOSA 275 BLANKS 1900 *elected for 3 years PRECINCT 6 —Seven for Three Years; One for One Year Total Total --,, *BRIAN P. KELLEY 423 MARK V.ANDERSEN 256 I *RICHARD PAGETT 422 James Billipp 3 *DEBORAH STROD 412 Peter Cohen 2 �--' *TRISHA P.KENNEALY 392 Jon Aster 1 *ALAN J.LAZARUS 389 Eric Carlson 1 *DAWN E.MCKENNA 368 Erin Malone 1 *FLORENCE A. BATURIN 355 Meredith Salisbury 1 **FRANK SANDY 344 William Simmons 1 PAUL CHERNICK 336 Jerre Slack 1 All Others 0 "elecfed for 3 years; *"elected for 1 year BLANKS 2684 ---- --__ _ _ ___ __ __ _ � _ _ _ .__ _ _ _ _ ___ -- - —_ _ _ March S, 2007 Annual Town�Election, cont........ 3 8 1 PRECINCT 7 — Seven for Three Years Total Totai *GEORGE A.BURNELL 442 Doris Barg 1 *CATHERINE WOODWARD GILL 435 Mike Barg 1 *JANE A.TRUDEAU 403 Althea Bertrand 1 *MARGARET L.COUNTS-KLEBE 388 Shirley Farias 1 *JOYCE A.MILLER 377 Phil Hamilton 1 *ELIZABETH B.PERRY-WOOD 3�5 Nancy Hubert � 1 *PATRICIA ELEN COSTELLO 318 Siobhan Quinian 1 SHERYL T.MASON 272 � All Others 0 *elected for 3 years BLANKS 1822 PRECINCT 8 — Seven for Three Years �`' Total Total I *DAVID C.HORTON 406 LORRAINE M.FOURNIER 218 *ALAN MAYER LEVINE 387 Diana Garcia 3 � ' *JOHN T.CUNHA 345 Robert Enders 2 *NANCY BARTLETT 344 Neal Chamberlin 1 *MELINDA M.WALKER 336 Betty Gau 1 *ELIZABETH J.BRYANT 332 Mitchell Kase � 1 *ALAN V.SEFERIAN 323 Annie McQuilken 1 DOUGLAS E.KLEINMANN 291 All Others 0 'elected for 3 years BLANKS 1650 PRECINCT 9 —Seven for Three Years . Total Total *MARGARET E.COPPE 367 Dorris Traficante 2 *LAURA J.KOLE 327 Scott Bokun 1 *THOMAS 0.FENN 319 Michelle Ciccolo 1 *VICTORIA LAWRENCE BLIER 277 Anthony Close 1 *FRANCINE STIEGLITZ 277 Will Lyons 1 "RODNEY COLE 266 Jamie Rauscher� 1 *JESSE F.SEGOVIA 240 Kenneth Reich 1 Larry Link 14 Michael Schroeder 1 Doug Luckerman 3 All Others 0 *elecfed for 3 years BLANKS 1877 r..-- � _ A true copy. � ��, l,�_ �; Attest: 1� ri Donna M. Hooper, Tow Clerk George A. Burnell, 4 Eaton Rd, resigned as a Town Meeting Member from Precinct 7 effective March 6, 2007. As Mr. Burnell was elected as Selectman at the Annual Town Election held March 5, 2007, he is now a Town Meeting Member At-Large in accordance with Chapter 215, Section 3 o.f the Acts of 1929. Sheryl T. Mason, 33 Robinson Rd, received the highest number of votes as a defeated candidate for Town Meeting from Precinct 7 at the March 5, 2007 Annual Town Election. As of March 8, 2007 Ms. Mason's acceptance of the position to fill the vacancy caused by the resignation of Mr. Burnell (exp. 2010) has 6een filed with the Town Clerk. This term will expire March 2008. Steven M. Turner, 260 Marrett Road, resigned as a Town Meeting Member from Precinct 4, effective March 13, 2007. John M. Patrick, 2030 Massachusetts Avenue, received the next highest number of votes as a defeated candidate for Town Meeting from Precinct 4 at the March 5, 2007 Annual Town Election. As of March 16, 2007, Mr. Patrick's acceptance of the position to fill the r^-^ vacancy caused by the resignation of Mr. Turner (exp. 2008) has been filed with the Town Clerk. This term will expire March 2008. L` ` Fred D. Rosenberg, 76 Wood St. , resigned as a Town Meeting Member from Precinct 9 effective July 13, 2007. Lawrence J. Lin�� 2380 Massachusetts Ave. , received the next highest number of votes as a write-in candidate for Town Meeting from Precinct 9 at the March S, 2007 Annual Town Election. As of September 10, 2007, Mr. Link's acceptance of the position to fill the vacancy caused by the resignation of Mr. Rosenberg (exp. 2009) has been - filed with the Town Clerk. This term wi11 expire March 2008. 382 2007Annual Town Meeting March 26;2007 (See Warrant File for Warrant) The first session of the 2007Annual Town Meeting was called to order by Moderator Margery M. Battin at 7:40p.m., Cary Memorial Hall. A quorum of 180 members was present. The Lexington Minutemen,accompanied by the William Diamond Fife and Drum Corps,posted the colors. The Fife&Drum Corp played a tune in honor of the Moderator's recent birthday. The Moderator honored deceased Town Meeting members Mary Miley, Charles Parks,Doug Ross& Paul Hamburger. �-�� I The Moderator declared a recess for a presenta.tion by the Town Meeting Members Association for ,�; recognition of long-serving Town Meeting Members Elaine Dratch and Paul Hamburger,recently deceased. Edith Sandy and Deborah Brown presented certificates. 8:29 p.m. Following attempts to resolve some sound system difficulties, Selectman Jeanne Krieger moved to adjourn unti17:30 p.m.,Wednesday,March 28,2007, at Cary Memorial Hall. Motion Adopted. n A true copy: Attest: % �,��J� Donna M. Hooper,Town Cle Adjourned session of the 2007 Annual Town Meeting March 28,2007 Moderator Margery M. Battin called the second sess�on of the 2007 Annual Town Meeting to order at 7:30 p.m., Gary 1�Iemorial Hall. �A quorum of 169 members was present. 6 Town Clerk Donna M.Hooper read the Warrant for the Meeting until waived. The Town Clerk read the Constable's Return of the Warrant. � � i The Moderator reviewed procedural matters and explained the meeting would not convene on April 2, `--� April 16 or April 18. The Moderator declared fhe meeting open under Article 2,and would be for the duration of the meeting. ARTICLE 2: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES 7:48 p.m. John Rosenberg,pr.4,moved the Report of the Committee on Cary Lectures be accepted and placed on file and the Committee be discharged. : Chairperson,Nancy Shephard,presented the Committee's report. Motion Adopted. 7:50 p.m. Selectman Jeanne Krieger moved the Report of the Housing Partnership Board be accepted and placed on file. Chairman Bob Bicknell reported. Motion Adopted. 7:54 p.m. Wendy Manz moved the.Report of the Planning Board be accepted and placed on file. Adopted Unanimously. Ms.Manz reported. 8:00 p.m. Presented by Selectman Norman Cohen. 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. Motion Adopted Unanimously. 8:00 p.m. Wendy Manz moved the report of the Planning Board on Article 4 be accepted and ��, placed on file. Adopted Unanimously. 8:00 p.m. Presented by Wendy Manz. - ARTICLE 4: ZONING BY-LAW, INCLUSIONARY ZONING MOTION: That the Zoning By-Laws of the Town be amended as set forth in the motion atta.ched to the report of the Planning Board on this article. ------------------------------------------ _ __ _ -- - - - - r _ ___ _ _ _ _ _ _ __. _ _— _ _ ___- -_ __. ___ _ . _ _ _ __ 383. Adjourned Session of the 2007 Annual Town Meeting-March 28,2007 REPORT TEXT for ARTICLE 4: Motion: that the Town vote to amend the Legington Zoning By-law as follows: 1. Add a new §135-46.1 to read as foilows: . I. Inclusionar_y Housing. . (1) General Objective.This section is intended to ensure that those residential developments which are authorized through special permits with site plan review will provide some housing that is affordable to low-,moderate-,or middle-income households to offset the reduction in ithe Town's percentage Qf such housing that would result from those developments' � incremental increase to the Town's overall housing stock.To achieve that intention, some of --- the units in such developments are required to be Inclusionary Units, as defined below. (2) Applicabilitv. These provisions shall apply to all residential developments with five or more dwelling units which are authorized through special permits with site plan review, including residential developments in CD or RD Districts. (3) Inclusion . Units. (a) Definition. "Inclusionary Units"are dwelling uriits which are subject to price restrictions and which may be owned and occupied or rented and occupied only by"Eligible Households"with income and assets below specified ma.ximum limits,as provided in §135-46.I(3)(d)below. . (b) Sitin�.Inclusionary Units may result from either new construction or e�usting dwelling units, located on one or more sites. � (c) Accessor�partments. An accessory apartment in compliance with§135-19 may be considered an Inclusionary Unit if it meets all requirements of this §135-46.I. � (d) Eli�le Households.Eligibl.e purchaser occupants or tenant oecupants of an Inclusionary Unit shall be subject to maximum household income and asset limits established for that unit,based on the Area Median Income(AMI)as annually determined by the U.S. ` ,_,,, Department of Housing and Urban Development,assuming one more person in the I household than the number of bedrooms in the unit.Eligible Households shall have I incomes no greater than 120%of the AMI. � (e) Sales and Rental Pricin�. Sales prices and rental rates of Inclusionary Units shall comply with the requirements of this §135-46.I, shall be consistent with applicable subsidy programs or with inclusionary administrative guidelines which may be adopted from time to time by the Planning Board, and shall meet the following standards: � [1] Maximum Housin�.The maximum housing cost to an Eligible Household shall be 30%of the household income.For the purpose of determining the sales pricing or rental rate of an Inclusionary Unit,the household income used shall be at least 10% of the AMI lower than the maximum household income established for that Inclusionary Unit. � [2] Ownership housing costs including mortgage principal and interest(assuming a 5% down payment),private mortgage insurance,real esta.te taxes,condominium or homeowners association fees,property insurance,and parking shall not exceed the maximum housing cost. [3] The cost of any pending or anticipated special assessrnents based on deeded obligations such as those of a condominium or homeowners association shall be , deducted from the allowable sales price of the Inclusionary Unit calculated per subparagraphs [1] and[2] immediately preceding. , [4] Rental housing costs including rent,heat,utilities,and parking shall not exceed the maximum housing cost. -" (4) Inclusionary Credits. . - (a) Net Units Added.The"Net Units Added"by a development is the difference between the total number of dwelling units existing before development and the tota.l number of dwelling units that will exist after development,not including accessory aparhnents in either case.In the case of residential developments under§135-48,the applicant may substitute the"maximum number of dwellings"as calculated under§135-48.D(3)Step One in place of the total number of dwelling units that will exist after development. 3 � � Adjourned Session of the 2007 Annual Town Meeting—March 28, 2007 (b) Required Number.All residential developments shall provide Inclusionary Units qualifying for"Inclusionary Credits"equal to at least 15%of the Net Units Added. Provision of Inclusionary Units qualifying for the required number of Inclusionary Credits sha11 be a condition of the special permit with site plan review authorizing the development. � (c) Selection of affordabili, levels. The number of Inclusionary Units designated for households with a maximum household income of 80%of AMI or less("<80%units") shall be no fewer than the Net Units Added divided by eight and rounded down to the ne�whole number or zera .--� (d) Existing Affordable Units.Existing dwelling units that are akeady subject to affordability � restrictions, such as rent or price limits, do not qualify for Inclusionary Credits. ! ,_...; (e) Calculation of InclusionarY,Credits.Inclusionary Units in developments shall qualify for Inclusionary Credits as follows: Maximum Household Inclusionary Credits per Inclusionary Credits per Income Inclusionary Unit Inclusionary Unit (%of AMI) (2 bedrooms) (3 or more bedrooms) <_50% 0.80 1.30 _<80% 0.60 1.00 <_ 100% 0.45 0.85 < 120% 0.30 � 0.70 (5) Continuing AffordabilitX: Documentation. (a) An applicant for a special permit with site plan review shall prepare all deeds, � condominium documents,and legal instruments, including,without limitation,all documents required to comply with this §13 5-46.I,in a form satisfactory to Town Counsel. b (b) For each Inclusionary Unit,an applicant shall provide to the Planning Board a Unit Restriction and Regulatory Agreement(URRA)among the developer;the property � �i owner;an approval agency,if applicable; and the Selectmen;which shall detail the I calculation of the price of such unit as required by§135-46.I(3)(e)above, and shall J require that at any future resale of the unit,the price shall be calculated at the same level with reference to the then current AMI.The URRA shall state the income and asset restrictions applicable to the purchaser or renter of such unit as required by 135-46.I(3)(d) above, and shall require that such restrictions,calculated in the same way, shall be applicable to all future purchasers and renters.It shall contain a marketing plan that meets local preference and fair housing.requirements,consistent with sta.te and federal laws. The URRA shall also conta.in provisions for annual monitoring of the units to ensure compliance with income and residency requirements. (c) The URRA shall set out provisions under which the Town shall be entitled to exercise a right of first refusal to purchase an Inclusionary Unit being offered for sale. Such provisions shall be substantially in the form of(a)any sample regulatory agreement established by the applicable site approval agency(including,without limitation,the Local Initiative Program of the Department of Housing and Community Development)ar (b)any applicable administrative guiclelines that may be adopted by the Planning Board. . (d) For each Inclusionary Unit eligible for inclusion in the Town's Chapter 40B�'Subsidized Housing Inventory,an applicanf shall provide to the Planning Board a site approval,letter . from a site approval agency or other documents sufficient to ensure such inclusion m accordance with M.G.L. Chapter 40B,or any successor statute, and all applicable state regulations. --,, (e) For each Inclusionary Unit,the special permit with site plan review decision of the � Planning Board,the URRA, and any documents attached thereto,shall be recorded as �.t restrictive covenants with the unit deed in the Middlesex Registry of Deeds,prior to the issuance of any building permit for the development, so as to ensure continuing compliance with the requirements of this §135-46.I. (6) Development Design.Location and design of Inclusionary Units shall comply with the following: (a) Inclusionary Units shall be sited in no less desirable locations than the other units located on the same site. __- - _ _ __ __ _ _ _. __ � _ _ 385 Adjourned Session of the 2007 Annual Town Meeting—March 28, 2007 (b) The materials used and the quality, of construction for Inclusionary Units, including heating,ventilation,and air conditioning systems, shall be equal to those of the other units in the development,but amenities such as designer or hi.gh end appliances and fixtures need not be provided for Inclusionary Units. (c) To be credited towards the count of Inclusionary Units any existing dwelling units must . be in full compliance with all applicable construction and occupancy codes,and shall be sufficiently maintained or.rehabilitated so that all major systems(including,but not limited to,roof,windows and building envelope,HVAC,plumbing, and electrical)meet standards comparable to new construction. � (d) The ea�terior appearance of the Inclusionary Units shall be compatible with the other units on the same site. L��- (e) The timing of completion of Inclusionary Units shall parallel that of the other units in accord with a phasing schedule approved by the Planning Board. (fl The Planning Board may waive strict compliance with the design standards in this section because of such considerations as a subsidizing agency's occupancy requirements or the applicant's offer of an alternative better meeting the Town's identified housing needs. (7) Multiple Site Provisions.At the developer's option,..permitting may be sought and determination of required Inclusionary Units may be based upon dwelling units on multiple sites subject to the following; (a) The creatio.n of units on all sites involved shall be acted upon under either a single special perxnit or under contemporaneous special permits,possibly involving multiple applicants, related through a binding development agreement made enforceable by the Town. (b) The total number of Inclusionary Credits required shall be based upon the total Net Units Added summed over the sites involved. (8) Significant Public Benefit. Consistent with §135-49.D(3),provision of Inclusionary Units which are affordable only to the level necessary to satisfy the Inclusionary Credit requirement set forth above shall not be considered to provide significant public benefit pursuant to §135-49.D(1). 6 2. Add a new §135-46.J as follows: . J. Segxnentation.In determining whether a project is a residential development,the Planning Board y shall consider the entirety of the development, including(a)any likely future expansion of the project on the subject property or on any property which is contiguous to the subject properiy or under related ownership or(b)any past,related development on any properiy which is contiguous to the subject property ox any property that was under related ownership with the subject properiy at the time that§135-46.J was adopted.A developer or property owner may not phase or segment a project or transfer ownership of contiguous properties to evade,defer or curtail the residential development requirements set forth in§135-46.The Planning Board shall consider all circumstances as to whether various work or activities,taken together,comprise a common plan or independent undertakings,regardless of whether there is more than one developer or property owner, including;without limitation, any time interval js)between the work or activities and whether the development impacts are separable or cumulative. 3. Add a new§135-13.J as follows J. All involved departments,boards and staff shall develop and implement procedures which will expedite the application and review procedures for residential developments proposing Inclusionary Units pursuant to §135-46.I to the extent consistent with ensuring well-considered outcomes,by such measures as giving scheduling priority to such applications,arranging for staff assistance to applicants, or scheduling concurrent rather than sequential agency reviews.Issuance of a decision on an application for a special perxnit with site plan review shall be within 45 days after the close of the public heazing. �. � : 8:02 p.m. Planning Board members Gregory Zurlo and Charles Hornig explained requested action. 8:23 p.m. Anthony Galaitsis moved the Minority Report of the Planning Board be accepted and placed on file. Motion Adopted. Mr.Galaitsis presented his report in opposition. , 8:28 p.m. Jeanne Krieger reported the support(3-2)of the Board of Selectmen. 8:30 p.m. Selectrnan Peter Kelley presented a minority report and explained his opposition. 8:31 pm. Robert Bicknell,Housing Partnership Board, spoke in support. Members spoke in support and in opposition. Citizens from the audience spoke in support and in� opposition. � 9:19 p.m. Richard Michelson,pr.8,called for a roll-call vote when the vote is taken. Sufficient members stood in support of a roll call vote. 386 � Adjourned Session of the 2007 Annual Town Meeting—March 28, 2007 9:29 p.m. John Cunha,pr.8, called the question. Not Adopted. Members and citizens continued to speak in support and in opposition. 10:20 p.m.. Andrew Friedlich,pr.5, questioned if the Planning Board would be amenable to an amendment to pertain only to developments with combined lots. Following a brief recess, Chair Wendy Manz reported the Planning Board would not support such an amendment as proposed. 10:55 p.m. � After further discussion,Marsha Baker,pr.7,moved the question. Motion Adopted. Planning Board Chair Wendy Manz summarized requested action. - 11:00 p.m. Town Clerk Donna Hooper called the Roll: �� Precinct 1 Precinct 6: Adler Joel A. NO Baturin Florence A. YES „r,� Adler Nancy M. NO Fallick Bebe H. ABSENT Barry James E. NO Grant Edmund C. ABSTAIN Bartenstein John C. NO Himmel. Jonathan� A. ABSENT Basch El�en NO Kahan Morton G. NO Bowes Mary NO Kane Anri Forbes NO Breen Jolui P. NO Kaufinan David L. YES Cole Jean W. NO Kelley ' Brian P. NO , Cole Jonathan G: NO Kennealy Trisha P. NO Jeon Iang NO Lacey Gerald A. NO Maloney Scatt W. NO Lazarus Alan J. ABSENT Michelson Eric J. NO Mahoney Laura M. NO Rancatore Joseph S. YES McKenna Dawn E. NO Redmon Ann S. YES Pagett Jane NO Rossi John F. NO Pagett Richard ABSENT Sampson Bany E. NO Pawliczek Ronald B NO ' Sampson Carol J. NO Sandy Edith NO Slotkin Joel Steven ABSENT Sandy Frank NO Stewart MaryAnn YES Spector Sheldon A. NO � Zabin Albert P. NO Strod Deboral� YES Zabin Judith L. NO' Watson Sheila M. NO ---, � Precinct 2: Precinct 7: Alessandrini Alessandro A. YES Baker Marsha E. NO Cohen Marian A.O. YES Brown Deborah J. NO . Cunha Robert W. NO Costello Patricia Elen NO DiGiammarino Robin B. NO Counts-Klebe Margaret L. YES Goldberg Rita B. NO Courtemanche James W. YES Kreutziger Kenneth M. YES Gill Catherine Woodward YES Kropper Steven A. YES Griffiths Thomas V. NO Lapointe Paul H. YES Hoffinan Keith NO Lucas Daniel A. NO Hoffinan Pam NO Lucente Douglas M. NO Leavitt William I. NO McAleer Andrew NO Mahoney Sheryl R. NO Nolan Nancy E. NO Martin Fred H. NO O'Sullivan Michael J. NO Mason Sheryl T. NO Sacks Adam D. YES Miller Joyce A. ABSENT Sackton John T. ABSENT Perry-Wood Elizabeth B. YES Stein Jill E. YES Peters Robert D. ABSENT Vogelzang Jennifer M. NO Sakhuja Ravi K YES Weiss Betsey YES Trudeau Jane A. NO Welch Christina J. YES Wood James C. YES Wilson Donald D. NO Wood Martha C. YES . Wilson James S. NO Wrigley Alan A. ABSENT '~"I Precinct 3: Precinct 8: i Adams Darwin P. YES Bartlett Nancy NO � Berman Samuel YES Battin Richard H. YES Brodner Bonnie E: YES Belvin Larry N. YES Bryant Nancy A. YES Borghesani Roger F. NO Cannalonga Nancy M. ABSENT Bradley Margaret NO Cannalonga Nicholas A. ABSENT Bryant Elizabeth J. NO Cohen Benjamin J. NO Cunha John T. NO Copp Robert H. NO Herring William NO - _- _ __ _____ __ _. _- �_ _ __ ___ ___ . _ _ __ _ _ _ _ --._ __ _------- 387 Adjourned Session of the 2007 Annual Town Meeting—March 28, 2007 Diaz Thomas R. YES Hornig Charles YES Fenn,Jr. Dan H. YES Horton David C. YES Gordon Sherry L. YES Kennedy Stewart G. YES Heinrich Steven P. NO Klimoff Ingrid H. ABSTAIN Katz Arthur YES Levine Alan Mayer NO Lee Peter B. YES � Michelson ' Richard A. NO Mehr Patrick R. NO Moore,Jr. Charles L YES Neumeier � Richard L. NO Osten James A. YES Parker Glenn P. YES Seferian Alan V. NO Rotberg Robert ABSENT Steigerwald Jessica G. NO ,,_„ Whitman Robert V. YES Stolz Shirley H. NO Wood Loren NO Tiffany Carolyn H. NO � Zurlo Reid E. YES Walker Melinda M.. NO - Precinct 4: Precinct 9: Baci Lisa A. NO Adler Alice J. YES Barnert Nyles Nathan NO Bhatia Narain D. YES Bloom Gloria J. NO Blier Victoria Lawrence YES Burson Scott F. YES Canale Richard L. YES Counihan Timothy R. ABSENT Cohen Helen L. YES � Davies John L. ABSENT Cole Rodney NO Enrich Peter David YES Coppe Margaret E. YES Hai Jill I: NO Donahue Mary E. ABSENT Harris David J. NO Donovan Emily R. NO Heitz Margaret B. NO Fenn Thomas O. YES Kelley Beverly NO Garberg Mollie K. NO Krawczyk John J. NO Kennedy Janice A ABSENT Lamb Charles W. NO: Kennedy William P. NO McDonald Ellen Jo NO Kole L;aura J. NO " Patrick John M. YES Manz Wendy YES Paul Gerald NO Mazerall John ABSENT Peltz Barrie NO McSweeney Leo P. NO Rosenberg John S. YES Perry Janet M. NO ` � Santosuosso Nicholas NO Rosenberg Fred D. ABSENT Shaw Sandra J. YES Segovia Jesse F NO � ' Thomas Ruth S. YES Stieglitz Francine NO Precinct 5: At-Larqe: Barnes Paul F. NO Battin Margery M. ABSTAIN Daggett Marjorie M. YES Burnell George A. NO Dondley Irene M. NO Cohen Norman P. - YES Dratch Elaine YES Hooper ponna M. ABSTAIN Fenollosa Marilyn M. YES Kaufinan Jay R. YES Flaster Ana H. YES Kelley Peter C.J. NO Friedlich Andrew J. NO Krieger Jeanne K. YES Galaitsis Anthony G. NO Lahey� William L. ABSTAIN Guttag Olga P. ABSENT Manz Hank YES Hayward John NO Holland Gloria V. YES Kelly Ann M. ABSENT Liff Carol A. NO � Lowry James R. NO Michelson Jerold S. NO Porter Loretta A. ABSENT Silverman Sam NO Snyder Jed N. ABSENT Traber M.Masha YES IWeiss Ephraim YES ` _ Williams David G. NO 11:22 p.m. With a total of 66 voting in the affirxnative, 105 in the negative, and 5 abstaining, � Motion Not Adopted. � 11:23 p.m. Charles Lamb,pr.4,served Notice of Reconsideration on Article 4. 11:24 p.m. Selectrnan Jeanne Krieger moved the meeting be adjourned to 7:30 p.m., Wednesday, Apri14,2007,Cary Memorial Hall. Motion Adopted. A true copy. Attest: �j1��'��- Donna M. Hooper, Town Clerk 388 Adjourned session of the 2007 Annual Town Meeting Apri14,2007 Moderator Margery M.Battin called the third session of the 2007 Annual Town Meeting to order at. 7:30 p.m., Cary Memorial Hali. A quorum of 166 members was present. The Moderator explained anticipated order of business for the evening. ARTI�LE 2: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES 7:40 p.m. Richard Canale moved the reports of the MAPC(Metropolitan Area Planning Council)be accepted and placed on file;the Lexington Reconnaissance Report be accepted and placed on file and the Report of Article 8,2006 Resolution for a Scenie Byway be accepted and � placed on file. Adopted Unanimously. � —� 7:51 p.m. Presented by Richard Canale. II � o ARTICLE 5: AMEND ZONING BY-LAW, TREE MANAGEMENT .—.J � � 7:5 1 p.m. R ic har d Canale moved the Report of the Planning Board be accepted and placed on � � file. Motion Adopted. � � +-� ,� � MOTION: � °�° To see if the Town will vote to amend the Zoning Bylaw of the Town of Lexington as follows: � � � � � 1.Add a new section 135-11.B (1)(d)as follows: � � � a (d)Does not result in the removal of protected trees when the subject of the special permit meets any o ^ of the circumstances of Chapter 120-4(see definition of protected tree in Chapter 120-3), or,where � o such protected trees are proposed to be removed,that the removal is mitigated through replanting or � N other means. � a � � 'b "' 2.Add a new section 135-12.B (1)(c)as follows: � � +� o m Q., o�,o (c)Does not result in the removal of protected trees when the subject of the special permit with site � �� plan review meets any of the circuxnstances of Chapter 120-4(see defmition of protected tree in Chapter 120-3),or,where such protected trees are proposed to be removed,that the removal is mitigated through replanfiing or other means. b And re-letter existing§135-12.B (1)(c)through§135-12.B (1)(�to be §135-12.B (1)(d)) �-� through §135-12.B (1)(g) � � 3.Insert"by preserving mature trees" after"steep slopes" in Section 135-12B(2)(b)so that it � reads as follows(new text is underlined): (b)That the existing land form is preserved in its natural state, insofar as practicable,by minimizing grading and the erosion or striping of vegetation that may result therefrom, � particularly from development on steep slopes;by preserving mature trees; and by maintaining man-made features that enhance the land form,such as stone walls,with minimal alteration or disruption; 4.Delete § 135-53. C and replace it as follows(new text is underlined): � C. The landscaping plan shall show: (1)Existing and proposed grades,the existing vegetative cover to be reta.ined,and including the location, size and type of such vegetation, existing trees with a 6"DBH or greater, identification of specimen trees,trees to be removed,and trees to be transplanted; (2)The proposed site development plan showing existing and proposed building footprints,walls,fences,parking spaces,loading bays,driveways,walks, storage areas, public rights-of-way, easements and the location of structures on,and the uses of, abutting properties; (3)A plan and plant schedule giving botani.cal and common names of plants to be � used, size at time of planting,mature size,rate of growth,quantity of each, location �. and method of any excavation and soil preparation,and the spacing and location of all proposed trees, shrubs and ground covers; (4)The methods for protecting plant materials during and after construction, including a tree maintenance plan, outlining the owners'obligation to maintain and protect trees on the property on an ongoing basis. or act in any other manner in relation thereta ----------------------------------------- 7:51 p.m. Richard Canale reported the unanimous support of the Planning Board. 7:56 p.m. Selectman Jeanne Krieger reported the support(4-1)of the Board of Selechnen. ____ ___ __ � ___ . _ _ __ _ 389 Adjourned Session of the 2007 Annual Town Meeting—Apri14, 2007 7:58 p.m. Nyles Barnert reported the support of the Board of Appeals. 7:59 p.m. James Wood,pr.7,reported the unanimous support of the Tree Committee. Members spoke in favor and in opposition, questioning setbacks,proposed changes,enforcement,and penalties. 8:13 p.m. Victoria Blier;pr.9,questioned proposed changes and if it was needed to vote Article 13 before Article 5. Planning Board Chairperson WendyManz explained Article 5 action and reported the willingness of the Planning Board to defer action on Article 5 until after Article 13. 8:18 p.m. Wendy Manz,pr.9, moyed to postpone action on Article 5 until after Article 13. Motion Adopted. � 8:19 p.m. Presented by Wendy Manz,pr.9. ARTICLE 6: AMEND ZONING BY-LAW, PENALTIES MOTION: That this article be indefinitely postponed. Motion Adopted. 8:19 p.m. Presented by Wendy Manz,pr.9. ARTICLE 7: ZONING BY-LAW, AMEND RO TO CRS AT 303 WALTHAM _ STREET (OWNER'S PETITION) MOTION: That this article be indefmitely postponed. Motion Adopted. 8:20 p.m. Presented by Selectman Norman Cohen. ARTICLE 8: AMEND NOTICE PROVISIONS: CHAPTER 215 OF THE ACTS OF 1929 MOTION: That the Selectrnen be and they are hereby authorized to petition the General Court for an Act to amend Section 3 of Chapter 215 of the Acts of 1929,as amended,by deleting the requirement that the Town Clerk mail notices of town meetings to town meeting members. Norman Cohen explained requested action and reported the unanimous support of the Board of � Selectmen. Motion Adopted Unanimously. 8:23 p.m. Presented by Selechnan Norman Cohen. ARTICLE 9: AMEND GENERAL BYLAWS -STATE ELECTION WARRANTS ° �b MOTION: That§118-2 of the Code of the Town of Lexington be amended as set forth °�° o in the article. rt c � ' WARRANT TEXT: � a _.._ ,. �- To see if the Town will vote to amend§118-2 of the Code of the Town of Lexington(Posting and `G N Mailing of Warrant)by adding at the end thereof the following: "The warrant for a state election � � need only be served by posting a printed copy thereof in the Town O�ce Building."; or act in any � o other manner in relation thereto. , b � o r� -------------------------- m �c Norman Cohen explained requested action and reported the support of the Board of Selectmen. a � Motion Adopted. 9 � � � 8:27 p.m. Presented by Selectman Norman Cohen. � � ARTICLE 10: AMEND GENERAL BYLAWS -COMMUNITY PRESERVATION * � SURCHARGE EXEMPTION N '� � rt MOTION: That the Code of the Town of Lexington be amended by adding a new Chapter " � 115 thereto as set forth in the article. o �, � o0 WARRANT TEXT: � �. To see if the Town will vote to amend the Code of the Town of Lexington by adding a new � Chapter 115 thereto entitled "Taxes" and a new Article I thereunder as follows; or act in any � other manner in relation thereto. . Chapter 115 � �b TAXES . c"�o �`�-' o ARTICLE I a � � � � a ' §115-1. Exemption From Community Preservation Act Surcharge � x� ___ � �, Taxpayers qualifying for the low-income exemption, as provided for in the.Massachusetts '* � rt Community Preservation Act and approved by the voters of the Town, shall submit an o y o application for the exemption on a form provided by the Board of Assessors, within three N o��o � months after the actual tax bill is mailed. o � �c o rt V G'] N (D Norman Cohen summarized the requested action . Motion Adopted Unanimously. � � n� w ' o � 0 V 39Q Adjourned Session of the 2007 Annua�Town Meeting—April 4, 2007 8:30 p.m. Presented by Selechnan Norman Cohen. ARTICLE 11: AUTHORIZE TERMS FOR CERTAFN CONTRACTS MOTION: That the Town Manager,with the approval of the Board of Selectmen,be authorized to enter into contracts relating to rental of town buildings for periods not to exce�d iwenty years and for transportation services for periods not to exceed ten years. Norman Cohen summarized requested action and reported unanimous support of the Board of Selectmen. 8:32 p.m. Dawn McKenna reported the unanimous support of the Tourism Committee. Town Manager Caxl Valente and Selectman Norman Cohen responded to questions from members r� regarding current contract periods and provisions for property leases. ,.,,,J 8:45 p.m. Charles Lamb,pr.4,Capital Expenditures Committee,reported no position. 8:46 p.m. Town Counsel William Lahey reported Massachusetts General Law limits a town's ability to lease properiy without Town Meeting approval. 8:48 p.m. Charles Lamb,pr.4,moved the question. Motion Adopted 8:50 p.m. Motion Adopted. 8:50 p.m. Presented by Selectman Hank Manz. ARTICLE 12: TRANSFER OF BARNES PROPERTY(WHITE HOUSE) TO SELECTMEN MOTION: That the Town transfer the care, c.ustody,management and control of the Barnes Properiy(White House)on Massachusetts Avenue shown as a portion of Lot 170A on Assessor's Properly Map 48 to the Board of Selectmen effective September 1, 2007. Hank Manz reported the support of the Board of Selectrnen(4-1). School Committee Chanman Thomas Diaz reported the unanimous support of the School Committee. Members questioned the decommissioning costs for the building, school capital requests, and relocation of the school administrative offices. 9:01 p.m. The Moderator declared the Motion Adopted by more than the necessary two-thirds vote. e 9;01 p.m. Presented by James Wood,pr.7. ARTICLE 13: AMEND TREE BYLAW �' � MOTION: That Chapter 120 of the Code of the Town of Lexington("Trees")be amended as x follows: °� 0 1. By deleting the word"eight"iri the definition of PROTECTED TREE in §120-3 and � � substituting therefor the word"six". � � � � 2. By deleting the defmition of SETBACK AREA in §120-3 and substituting therefor the � �. following: � � c� o� � � "SE.TBACKAREA—The minimum setback area around a lot shall be measured 30 feet � .b from the front and 15 feet from the two sides and from the rear of the lot. Far the � °; purposes of establishing the setback area in which the provisions of this bylaw shall �� apply,the measurement shall be from any point on any property line of the lot,to points �, along an imaginary line drawn representing the setback area as specified. Final � o judgments regarding required tree protections during construction shall be made by the � o Tree Warden where cleviations froin the setback are required." � � � ,� N 3. By deleting in §120-8B the word"eight-inch"and substituting therefor the word s�- °' inch". � +� o �n �+ � �� 4. By adding a new sub-sub section(4)at the end of §120-8C as follows: "(4) A11 evergreens planted as replacement trees must be a minimum of 6 feet in height and may include,without limitation,pine,hemlock, spruce and fir. Low-growing � evergreens shall not be accepted as replacement trees." i 5. By addirig the following new sub-sections at the end of §120=8: � "D. Trees not removed. Trees that are to be left on the site must be protected as specified in the Tree Management Manual(pages 19-20 and figures 9, 10 and 11). E. Failure to protect trees not removed. Trees left on site must be protected; and if not done so as required by this Bylaw,the Tree Warden may impose the following: (1)The town may undertake tree protection measures and bill for any labor and material charges incurred. (2) The town may require replacement plantings larger than three inches in diameter to replace trees damaged during construction. _-- __ __. __ - _ � _ _ _ -- _ _ _____ _ _ _ _ _ ___— ------- _-- --__ . 391 Adjourned Session of the 2007 Annual Town Meeting—April 4, 2007 (3) The town may hire.an arborist whose charges will be billed to the owner/builder to ensure that trees left on the site will survive and remain healthy. (4) The town may impose fines as per the fine schedule in §120-10 of this Bylaw." 6. By deleting the words"into the Contribution",capitalizing the word"fund"following the words"Lexington Tree"so that the phrase reads"Lexington Tree Fund"and deleting "[sic]",all in the first sentence of§120-14. 7. By adding a new§120-15 as follows: "§120-15. Tree Management Manual. , The Lexington Tree Management Manual will be used as the standard for tree planting, ; maintenance and protection in the Town." 9:01 p.m. James Wood reviewed requested changes. �9:08 p.m. Jeanne Krieger reported support(4-1)of the Board of Seiectmen. 9:09 p.m. Wendy Manz reported unanimous support of the Planning Board. Members questioned proposed tree manual changes. 9:15 pm. Ingrid Klixnoff,pr.8,reported the full support of the Natural Resources Committee of the League of Women Voters. Members continued to question setback, lot size,and building on wooded lots. 9:20 p.m. Tree Warden David Pinsonneault explained the bylaw. o � n m n rr rr rr • 9:24 p.m. Selectman Peter Kelley spoke in opposition. a, w u, Joyce Miller,pr.7, reported the support of the Conservation Committee. y c� � 9:27 p.m. Motion Adopted. v��o �,b • u� � o 9:28 p;m. Presented by Wendy Manz. N�c � ARTICLE 5: AMEND ZONING BY-LAW, TREE MANAGEMENT � G Q, (see motion from eariier in the evening) � N� `� Planning Board Chair Wendy Manz responded to questions posed regarding tree cutting. ` o � rt 9:30 p.m. The Moderator declared Motion Adopted by more than the necessary two-thirds vote. " ,,, o � � � � 9:30 p.m. Presented by Bebe Fallick,pr.6. r,,� — ARTICLE 14: AMEND GENERAL BYLAWS -TOURISM COMMITTEE o c� MOTION: That Chapter 29 of the Code of the Town of Lexington be amended as set � � forth in the article. n n� WARRANT TEXT: ~ To see if the Town will vote to amend Chapter 29 of the Gode of the Towri of Lexington by adding thereto a new Article VII—Tourism Committee,as follows: ARTICLE VII Tourism Committee §29-23. Membership; terms of office. G�y � b The Town shall have a Tourism Committee cansisting of seven to tweive members. rt c Membership shall include interested citizens and a representative from the Lexington Chamber �, a of Commerce,a representative from the Historical Society,a representative from the National � o.. Heritage Museum,and a representative from the National Park Service. Members of the �,`� Committee shall be appointed annually by the Board of Selectmen to serve a one-year term. o rt . v rr �. p §29-24. Powers and duties. b � o m � � The Tourism Committee shall be charged with enhanc'ing and promoting tourism within the a � Town. The Committee shall work with the�hamber of Commerce,the Historical Society,the 9 � National Herita.ge Museum,and the National Park Service to insure a cohesive tourism . � � — experience; � � ----------------- r+' � Bebe Fallick reviewed requested action. � rt 9:31 p.m. Norman Cohen reported support(4-1)ofthe Board of Selectmen. ' " � Selectmen George Burnell reported his opposition to making the committee a bylaw committee. o c� 9:35 p.m. Motion Adopted. . � Q°, 9:35 p.m. Marilyn Fenollosa,pr.5,moved Article 15 be postponed until the first order of � business,Wednesday,April 11`h. Motion Adopted. � 9:35 p.m. Anthony Galaitsis,pr.6,moved the Majority Report of the Ad Hoc Committee Under Article 40—Engine Run-Up be accepted and placed on file. Motion Adopted. 392 Adjourned Session of the 2007 Annual Town Meeting—April 4, 2007 ARTICLE 16: AMEND GENERAL BYLAWS— ENGINE OPERATION OF STOPPED VEHICLES MOTION: That the Code of the Town of Lexington-General Bylaws Section- be amended by adding a new Chapter 46 as follows: Chapter 46 ENGINE OPERATION OF STOPPED VEHICLES §46-1. Findings. The Town of Lexington finds that unnecessary operation of motor vehicle engines � jeopardizes the health, safety, arid welfare and degrades the quality of life of its citizens and � environment. �' §46-2. Purpose and applicability. � i � � A. The purpose of this by-law is to�rotect the citizens of Lexington and the environment � from the harmful effects of unnecessary operation of motor vehicle engines. Idling of. ''� motor vehicle engines adversely affects air quality;wastes fuel and money; contributes � to global warming;and can impair health, especially the health of children. Exhaust +� fumes contain fine particles,which can trigger asthma attacks,the most chronic disease b in children. v � .,� . � B. This by-law shall apply to the unnecessary operation of motor vehicle engines within ,� the limits of the Town of Lexington and shall be consistent in scope with relevant state � and federal statutes and regulations. w ° C. All town deparhnents and agencies shall,to the fullest extent consistent with federal �� and state laws and regulations, carry out their programs in such a manner as to comply �o� with this by-law. xa �� D. Provisions in this by-law shall not apply to any activity to the extent regulation thereo� �Q fias been preempted by state or federal law. � � �,� §46-3. Prohibition of unnecessary operation of motor vehicle engines. �o 0 �"' A. No person shall operate a motor vehicle engine in violation of Massachusetts General a�'i oo Laws Chapter 90, Section 16A. �+Cy N �� §46-4. Enforcement and penalties. a� � �� o A. Local enforcement of the state prohibition on unnecessary operation of motor vehicle �� engines is authorized under 310 CNIR 7:11 and 7.52. � +� � p�°, B. The Police Department,Fire Department,Board of Health,Building Commissioner, or H .., any designee thereof, shall be authorized to enforce this by-law. x^ �o z� C. Any person who violates any provision of this by-law may be subject to fines assessed H � for violations under Chapter 1, � 1-6,which shall be recoverable by non-criminal �N disposition, or fines assessed under Chapter 90, Section 16A of the Massachusetts � +� General Laws,or in the event of recurring,frequent or egregious violations,by �� m'�c ictmen'�t or by complaint of the enforcing officer.The imposition of a penalty for any �� violation shall not excuse the violation or permit it to continue.Each time that such violation recurs shall be considered a separate offense. §46-5. Severability. If any section,paragraph or part of this by-law is for any reason declared invalid or unconstitutional by any court, every other section,paragraph and part sha11 continue in full force. - §46-6. Relationship to other laws. Nothing in this by-law shall be construed to restrict, amend,repeal, or otherwise limit the application or enforcement of existing Town of Lexington by-laws or Commonwealth of Massachusetts laws. _ _— _ _ _ __ _ _ _ __ � _ _ ___ _ _ _ _ __ __ _ ___ _ _ _.______ ______. --___ _ 393 Adjourned Session of the 2007 Annual Town Meeting—April 4, 2007 §46-7. Rules and regulations. The Board of Selectmen,or its designees,may promulgate,after public nbtice and hearing, rules and regulations to effectuate the purposes.and intent of this by-law.However, failure by the Board of Selectmen to promulgate such rules and regulations shall not act to suspend or invalidate the effect of this by-law. and,that Chapter 1,paragraph 1-6.B of the Code of the Town of Lexington be amended by inserting, in the appropriate nuxneric sequence of chapter headings referenced therein,the following: Chapter 46.En�me operation of stopped vehicles. _ Fine Schedule for offenses within a three-year period: 1 st Offense: Written warning . 2nd Offense: $50 per violation 3rd Offense: $100 per violation 4�'Offense and subsequent offenses: $200 -------------------- 9:36 p.m. Anthony Galaitsis reviewed requested action. 9:45 p.m. Selectman Jeanne Krieger moved the Minority Report of the Ad Hoc Committee Under Article 40—Engine Run-Up be accepted and placed on file. Motion Adopted. Jeanne Krieger reported support for reducing idling,not a bylaw. 9:49 p.m. Norman Cohen reported the opposition(4-1)of the Board of Selectmen. 9:53 p.m. Thomas Diaz,pr.3,reported the support(4-1)of the School Committee. . 9:54 p.m. Thomas Griffiths,pr.7,spoke on behalf of the majority of the School Committee. 9:55 p.m. Thomas Diaz reported his views, the minority position of the School Committee. 9:58 p.m. Wendy Bernays reported the unanimous support of the Board of Health. � 9:59 p.m. Town Counsel William Lahey responded to questions on the definition of`vehicles' and enforceability.. Members and citizens from the audience spoke in support and opposition,raising the issue of ` enforceability and individual rights. 10:13 p.m. Police Chief Christopher Casey responded to questions on enforceability. — Discussion ensned. � 10:26 p.m. Marsha Baker,pr.7,moved the question. Motion Adopted. 10:31 p.m. Following an uncertain voice vote,the Moderator called for a standing vote,tallied as follows: Pct1 Pct2 Pct2 Pct4 Pct5 Pct6 Pct7 Pct8 Pct9 AL TOTAL YES 8 9 3 15 13 12 7 13 8 6 94 NO 9 5 13 2 5 6 9 3 4 4 60 10:31 p.m. With.94 voting in the affirmative and 60 in the negative,Motion Adopted. 10:31 p.m. Dawn McKenna,pr.6, served notice of reconsideration of Article 16. 10:31 p.m. Presented by Selectman Norman Cohen. ARTICLE 17: ACCEPT MGL CHAPTER 32, SECTION 7(2)(a)(iii) (ACCIDENTAL DISABILITY- PAYMENTS TO DEPENDENT CHILDREN)AND MGL CHAPTER 32, SECTION 9(2)(d)(ii) (ACCFDENTAL DEATH —PAYMENT TO DEPENDENT CHILDREN) •- MOTION: That the Town hereby accepts Sections 7(2)(a)(iii)and 9(2)(d)(ii)of Chapter 32 of the Massachusetts General Laws. Selectman Norman Cohen reviewed requested action and reported the unanimous support of the Board of Selectmen. • � 10:34 pm. Alan Levine,pr.8,reported Appropriation Committee support. 10:35 pm. Town Manager Carl Valente explained this statute is not subject to coalition — bargaining. _ 10:36 p.m. Motion Adopted. 10:37 p.m. Presented by Selectrnan Peter Kelley. ARTICLE 18: ACCEPT MGL CHAPTER 32B, SECTION 18 (MEDICARE EXTENSION PLANS) MOTION: That the Town hereby accepts Section 18 of Chapter 32B of the Massachusetts General Laws. S.electman Kelley then moved the following SUBSTITUTE MOTION: That this Article be indefinitely postponed. Motion for Indefmite Postponement Adopted. : 394 Adjourned Session of the 2007 Annual Town Meeting=Apri14, 2007 10:37 p.m. Presented by Selectman Norman Cohen. ARTICLE 19: ACCEPT MGL CHAPTER 71, SECTION 37M (JOINT FACILITIES DEPARTMENT) MOTION: That the Town hereby accepts Section 37M of Chapter 71 of the Massachusetts General Laws. . 10:39 p.m. Norman Cohen explained this motion was to reconfirm the vote taken at the 2006 Special Town Meeting. 10:39 p.m. Eric Michelson,pr.2,reported unanimous support af the Appropriation Committee. 10:40 p.m. Thomas Diaz,pr.3,reported the support of the School Committee. ' 10:40 p.m. Motion Adopted Unanimously. 10:40 p.m. Presented by Jessica Steigerwald,pr.8. ARTICLE 20: RESOLUTION REQUESTING SCHOOL COMMITTEE POLICY ON SAFE TRANSPORT OF SPECIAL EDUCATION CHILDREN (CITIZEN'S PETITION) MOTION: Resolved that the Town hereby requests that the School Committee adopt a policy,consistent with the requirements of law and applicable State and Federal regulations and guidelines,and that the Superintendent publish such.policy,to provide for the safe transport by a non-family driver,of autistic,sick students when an assigned van monitor in the Special Education program,from their local school to their home. 10:40 p.m. Anne Frymer, 64 Asbury Street, explained requested action. 10:47 p.m. School Committee Chairman Thomas Diaz,pr.3;reported opposition(5-0)the School Committee, commenting the Resolution sought additional guarantees that , may not be possible. � 10:49 p.m. George Burnell reported the support of the Board of Selectmen 10:52 p.m. Following an uncertain voice vote,the Moderator called for a standing vote,tallied as follows: ` Pct1 Pct2 Pct2 Pct4 Pct5 Pct6 Pct7 Pct8 Pct9 AL TOTAL `� YES 3 6 2 6 5 5 2 5 1 8 43 � NO 11 5 13 10 11 11 13 7 10 2 93 10:56 p.m. With 43 having voted in the affirmative and 93 in the negative,the motion was declared Not Adopted. 10:56 p.m. Selectman Jeanne Krieger.moved the meeting adjourn unti17:30 p.m.,Monday,April 9,20.07 at Cary Memorial Hall. Motion Adopted. A true copy. Attest: �,i��nL Donna M.Hooper,Town C erk Adjourned session of the 2007 Annual Town Meeting Apri19,2007 Moderator Margery M.Battin called the fourth session of the 2007 Annual Town Meeting to order at 7:30 p.m.,Cary Memorial Hall. A quorum of 179 members was pres�nt. .The Moderator explained anticipated order of business for the evening. ARTI�CLE 2: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES 735 p.m. Sandra Shaw,pr.4,moved the Report of the Recreation Committee be accepted and placed on file..Committee Chairman Rick DeAngelis presented the Committee's oral report. Motion Adopted Unanimously. 7:40 p.m. William Kennedy,pr.9,moved the Report of Le�IAB(L-exington Housing Assistance Board)be accepted and placed on file. Mr.Kennedy reported on the 20Q6 activities of LexHAB. Motion Adopted Unanimously. 7:46 p.m. Charles Laxnb,pr.4,moved the Report of the Capital Expenditures Committee be accepted and placed on file. Motion Adopted Unanimously. 7:50 p.m. Moderator Margery Battin has filed written notification with the Town Clerk and explained to the members she will recuse herself from presiding over Article 26(1). Town Counsel William La.hey will preside. Richard Battin,pr8,has filed written notification with the Town Clerk he will abstain from voting on Article 26(1). -- __ _ __ _- _ _ ___ r __ ___ _ _ _ . - _ ___ _ - __ _ - _ . 395 Adjourned Session of the 2007 Annual Town Meeting—April 9, 2007 7:50 p.m. Selectman Jeanne Krieger moved Article 26 be taken up. Adopted Unanimously. 7:50 p.m. Presented by Betsey Weiss,pr.2,Community Preservation Committee. Betsey Weiss explained the article would be voted separately for part 1, sections a,b,c,d;then each section in part 2. Ms.Weiss proceeded to explain each part and section,voted as follows: ARTICLE 2�6: APPROPRIATE FOR FY2008 COMMUNITY PRESERVATION COMMITTEE OPERATING BUDGET AND FOR CPA PROJECTS MOTION: That the Town heaz and act on the r.eport of the Community Preservation Committee on the FY2008 Community Preservation budget and, pursuant to the recommendations of the Community Preservation Committee,talce the following actions: That the Town reserve for appropriation the following amounts from estimated FY2008 receipts as.recommended by the Community Preservation Committee a. $523,347 for the acquisition,creation and preservation of open space excluding land for recreational use; . b. $676,045 for the acquisition,preservation,rehabilitation and restoration of historic resources; c. $523,347 for the creation,preservation and support of community housing; and d. $3,510,731 to�the general unreserved fund balance of the Community Preservation Fund: And further,that the Town make appropriations from the Community Preservation Fund as follows a. That$40,000 be appropriated from the general unreserved fund balance of the Community Preservation Fund for the Center Playfields drainage engineering study. � b. That$367,000 be appropriated from the Historic Resources Reserve of the d Community Preservation Fund for the rehabilitation of the Munroe and Old Burial Grounds. c. That$18,120 be appropriated from the Historic Resources Reserve of the — Community Preservation Fund for the installation of fire monitoring systems in Buckman Tavern,Hancock-Clarke House and Munroe Tavern. d. That$10,685 be appropriated from the Historic Resources Reserve ofthe Community Preservation Fund for the replacement of the boiler in Buckman Tavem. - e. That$90,000 be appropriated from the Historic Resources Reserve of the Community Preservation Fund for a comprehensive cultural resource survey. f. That$228,404 be appropriated from the Community Housing Reserve of the Community Preservation Fund far window replacements at Greeley Village. g. That$43,000 be appropriated from the Historic Resources Reserve of the Community Preservation Fund for a structural evaluation of the East Lexington Library. h. . That$147,130 be appropriated from the Historic Resources Reserve of the Community Preservation Fund for the rehabilitation of Cary Memorial Hall for performances. i. That$18,360 be appropriated from the Historic Resources Reserve of the Community Preservation Fund for signage for historic Lexington. j. That$300,000 be appropriated from the Community Housing Reserve of the Community Preservation Fund for the Douglas House community housing ' project. k. That$62,500 be appropriated from the Open Space Reserve of the Community Preservation Fund and$62,500 be appropriated from the general unreserved fund balance of the Community Preservation Fund for a walking/bike trail master plan. `��u 1. That$26,750 be appropriated from the Historic Resources Reserve of the Community Preservation Fund and$26,750 be appropriated from the Community Housing Reserve of the Community Preservation Fund for a structural study of the Muzzey Condominium Building. m. That$50,000 be appropriated from the general unreserved fund balance of the Community Preservation Fund to meet the administrative expenses and all other riecessary proper expenses of the Community Preservation Committee for FY2008. ---------------- 396 Adjourned Session of the 2007 Annual Town Meeting—April 9, 2007 (a-d) Norman Cohen reported the unanimous support of the Board of Seiectmen. Charles Lamb reported the unanimous support of the Capital Expenditures Committee. Alan Levine reported the unanimous support of the Appropriation Committee. 7:57 p.m. Members questioned the strategic planning of the Coinmunity Preservation Committee, land purchases,funds for affordable housing,and long term priorities. 8:07 p.m. Part 1,sections a,b,c,d-Adopted Unanimously 8:07 p.m. Charles Lamb served notice of reconsideration of Part 1, sections a,b,c,d 8:07 p.m. (a) Betsey Weiss reported the support of the Community Preservation Committee. Selectrnan Norman Cohen reported the unanimous support of the Board of Selectmen. � Charles Lamb reported the unanimous s.upport of the Capital Expenditures_Committee. David Kanter reported the unanimous support of the Appropriation Committee. 8:11 p.m. Motion 26(a)Adopted Unanimously. 8:14 pm. Charles Lamb served notice of reconsideration for Part 2, section(a). (b) Betsey Weiss reported the support of the Community Preservation Committee. Norman Cohen reported the unanimous support of the Board of Selectmen. Charles Lamb reported the unanimous support of the Capita.l Expenditures Committee. David Kanter reported the unanimous support of the Appropriation Committee. 8:15 p.m. Members questioned plans for cemetery rehabilitation and grant possibilities. 8:18 p.m. Motion 26(b)Adopted Unanimously. 8:19 p.m. (c) Betsey Weiss reported the support of the Community Preservation and Tourism Committees. Norman Cohen reported the unanimous support of the Board of Selectmen. Charles Lamb reported the unanimous support of the Capital Expenditures Committee. David Kanter reported the unanimous support of the Appropriation Committee. 8:21 p.m. Chaxles Lamb served notice of reconsideration for Part 2, section(b). � . Members questioned other possible capital projects not included in the Article. 8:22 p.m. Motion 26(c)Adopted Unanimously 8:23 p.m. (d) Betsey Weiss reported the support of the Community Preservation and Tourism° Committees. Norman Cohen reported the unanimous support of the Board of Selectmen. Charles Lamb reported the unanimous support of the Capital Expenditures Committee. David Kanter reported the unanimous support of the Appropriation Committee. 8:26 p.m. � Charles Lamb served notice of reconsideration for Part 2, section(c). 8:26 p.m. 1VIotion 26(d)Adopted Unanimously 8:26 p.m. (e) Betsey Weiss moved to postpone Article 26(e)to Wednesday,April 11, 2007 immediately after Article 15. Motion Adopted Unanimously. 8:26 p.m. (� Betsey Weiss reported the support of the Community Preservation - Committee. Nortnan Cohen reported the unanimous support.of the Board of Selectmen. Charles Lamb reported the unanimous support of the Capital Expenditures Committee. David Kanter reported unanimous support of the Appropriation Committee. 8:29 p.m. Charles Lamb served notice of reconsideration for Part 2, section(d). 8:30 p.m. Housing Authority Director Ann Whitney responded to funding questions from , members,and anticipated energy savings from windo.w replacement. 834 p.m.. Motion 26(�Adopted 836 p.m. (g) Betsey Weiss reported the support of the Community Preservation Committee. Norman Cohen reported support of the Board of Selectmen. Charles - Lamb reported the unanimous support of the Capital Expenditures Committee. David Kanter reported the unanimous support of the Appropriation Committee. 8:41 p.m. Charles Lamb served notice of reconsideration for Part 2,-section(fl. � 8:41 p.m. Selectman Peter Kelley spoke in opposition. Members questioned continued use of the Stone Building by the Trustees of Cary Memorial Library,costs for study and other possible use for building. Library Director Cornelia Rawson addressed strategic planning currently underway. 8:48 p.m. Members questioned the motion at hand. Selectman Norman Cohen,Town Counsel William Lahey,and the.Moderator clarified motion. 8:52 p.m. Members spoke in opposition and questioned `preservation aspe.cts'. Library Director Rawson explained intent to maintain the integrity of the building. _ _ __ _ � __ ------ _ _ __ _ _ _-- __ ____ --___ -----_---- _ __ ___ 397 Adjourned Session of the 2007 Annual Town Meeting—April 9,2007 8:53 p.m. Motion 26(g)Declared Adopted; The Moderator called for a standing vote after the vote was doubted,ta.11ied as follows: Pct1 Pct2 Pct2 Pct4 PctS Pct6 Pct7 Pct8 Pct9 � AL TOTAL YES 9 6 9 6 9 12 9 8 8 18 94 N0. 8 8 11 11 8 7 7 8 7 1 76 8:57 p.m. � With 94 having voted in the affirmative and 76 in the negative,the Motion 26(g) Declared Adopted 8:57 p.m. Charles Lamb served notice of reconsideration on Article 26(g). � 9:00 p.m. (h) Betsey Weiss reported the support of the Community Preservation . Committee.Norman Cohen reported the unanimous support of the Board of �-- Selectmen. Charles Lamb reported the intent of the Capital Expenditures Committee to propose an amendment to change the amount to$77,130. AMENDMENT: That the amount of$147,13U be amended to read$77,130. David Kanter reported the unanimous support of the Appropriation Committee for the amendment. 9:06 p.m. Members spoke in opposition to the amendment and questioned feasibility criteria. Town Manager Caxl Valente reviewed feasibility issues. 9:20 p.m. Sheila Watson,Lexington Center Committee;reviewed components to the requested project and eventual total costs for building enhancement to be under$1,500,000. 9:27 p.m. Amendment to 26(h)Not Adopted. . � 9:28 p.m. Discussion on the main motion ensued. 9:29 p.m. David Kanter reported;support of the main motion(7-1)of the Appropriation . . Committee. Charles Lamb reported support of the main motion by the Capital Expenditures Committee. Members questioned review of energy systems and parking needs. , 9:30 p.m. Main Motion 26(h)Adopted. � 9:31 p.m. Charles Lamb served notice of reconsideration for Part 2, section(h). �.� . 932 p.m. (i) Betsey Weiss reported the support of the Community Preservation Committee.Norman Cohen reported the unanimous support of the Board of Selectmen. Charles Lamb reported the unanimous support of the Capital Expenditures Committee. David Kanter reported the unanimous support of the Appropriation Committee. 9:34 p.m. Motion 26(i)Adopted. 9:34 p.m. Charles Lamb served notice of reconsideration for Part 2, section(i). 9:35 p.m. (j) Betsey Weiss reported the support of the Community Preservation Committee.Norman Cohen reported the unanimous support of the Board o�Selectmen. Charles Lamb reported the unanimous support of the Capita.l Expenditures Committee. David Kanter reported the support of the Appropriation Committee(6-2). 9:42 p.m. Douglass House representative,Ms.Dorr responded to questions from members regarding complexes in 2 other communities,and plans for moving a.head if funding is not authorized. Discussion ensued,with members speaking in support arid in opposition. 9:52 pm. Motion 26(j)Adopted. 9:52 p.m. Charles Lamb served notice of reconsideration for Part 2, section(j). 9:53p.m. (k) Betsey Weiss reported the support of the Community Preservation Committee. Norman Cohen reported the unanimous support of the Boaxd of Selectmen. Charles --- Lamb reported the unanimous support of the Capital Expenditures Committee. David Kanter reported the unanimous support of the Appropriation Committee. 9:55 p.m. 1VIotion 26(k)Adopted Unanimously. 9:55 p.m. Charles Lamb served notice of reconsideration for Part 2,section(k). 9:56 p.m. Town Counsel William Lahey moderated Article 26(1)in the absence of Moderator Margery Battin who removed herself from the hall during article discussion.Richard Battin,pr.8, filed written notification with the Town Clerk that he will abstain from voting on Article 26(1). 9:56 p.m. (1) Betsey Weiss reported the support of the Community Preservation Committee,Le�cington Housing Assistance Board and Council on Aging. Norman Cohen reported support of the Board of Seleatmen. 398 � Adjourned Session of the 2007 Annual Town Meeting—April 9, 2007 David Kanter reported the unanimous support of the Appropriation Committee on a substitute motion to be made by Mr.Levine. 10:07 p.m. Alan Levine,pr.8,moved the following substitute motion for Article 26(1): SUBSTITUTE MOTION [Article 26(I)]: That the main motion under Article 26(1)be amended to read as follows: That$5,950 be appropriated from the Historic Resources Reserve of the Community Preservatinn Fund and$5,950 be appropriated from the Community HousingReserve of the Community Preservation Fund for a structural study of the 11✓Iuzzey Condominium Building, provided that(a)the full study is undertaken, (b)that this appropriation is used only to fund � the Town's pro-rata share of an assessment made on all unit owners in the condominium association, and(c)the Town's pro-rata share of the assessment on the unit owners does riot exceed 20%of the total assessment. 10:07 p.m. Charles Lamb reported the unanimous support of the Capital Expenditures Committee for the substitute motion. � 10:08 p.m. Selectman Norman Cohen reported a majority of the Board of Selectmen opposed the amendment. Thomas Battin,Chairman of the Trustees of the Muzzey Condominiums, spoke in opposition to the amendment. Members spoke in support and opposition to the amendment. 1023 p.m. Eric Michelson,pr.l,reviewed previous support of the town of Le�ngton to Muzzey Condominium Association for building issues. 10:29 p.m. Muzzey Condominium resident Mary Keady spoke on the benefit of the town's contribution,be it through this request or as a condominium owner. 10:39 p.m. A standing vote on the Substitute Motion was called, and tallied.as follows: Pct1 Pct2 Pct2 Pct4 Pct5 Pct6 Pct7 Pct8 Pct9 AL TOTAL YES 7 3 7 13 8 10 8 12 2 9 79 < NO 8 7 13 3 8 6 8 3 13 10 79 10:42 p.m. With 79 having voted in the affirmative and 79 in the negative, f� Substitute Motion Not Adopted. ,.,_,, I0:42 p.m. Sheldon Spector,pr.6,moved the question on the Main Motion—26(1). 10:43 p.m. David Kanter reported the opposition of the Appropriation Corrimittee(7-1). Charles Lamb reported the unanimous opposition of the Capital Expenditures Committee. 10:44 p.m. Following a voice vote, the Moderator declared the question now put. 10:45 p.m. A standing vote on the Main Motion was called,and tallied as follows: Pct1 Pct2 Pct2 Pct4 Pct5 Pct6 Pct7 Pct8 Pct9 AL TOTAL YES 8 7 12 4 8 8 9 1 14 11 82 NO 7 3 8 13 7 8 7 13 ,�,/�� 76 10:42 p.m. With 82 having voted in the affirmative and 76 in the negative, the Main Motion [26(1)] Adopted. 10:49 p.m. (m) Betsey Weiss reported the suppqrt of the Community Preservation Committee. Norman Cohen reported the unanimous support of the Board of Selectmen. .Charles Lamb reported the unanimous support of the Capital Expenditures Committee. David Kanter reported the unanimous support of the Appropriation Committee. 10:53p.m. Members questioned the projects rejected by the Community Preservation Committee. 10:56 p.m. Motion 26(m)Adopted. � 10:56 p.m. Charles Lamb served notice of reconsideration for Article 26(m). r 10:57 p.m. Selectman Jeanne Krieger moved adjournment unti17:30 p.m.,Monday,April 11, .� 2007, Cary Memorial Hall. Adopted Unanimously. A true copy. Attest: Donna M.Hooper,Town C rk � ._ -__ __-- --—_ __ _ __ � ___ ___ _ . _ --- _ 399. Adjourned session of the 2007 Annual Town Meeting April ll,2007 Moderator Margery M.Battin called the fifth session of the 2007 Annual Town Meeting to order at 7:30 p.m.,Cary Memorial Hall. A quorum of 166 members was present. The Moderator explained anticipated order of business for the evening. The Moderator reviewed planned order for articles then called a recess for a presentaxion to Lexington High School.graduating seniors by Principal Dr.Michael Jones and Representative Jay Kaufinan. 7:49 p.m. Selectman Jeanne Krieger moved Article 29 be taken up before Article 15. Motion Adopted. 7:50 p.m. Presented by Sandra Shaw,pr.4. _._ ARTICLE 29: APPROPRIATE FOR RECREATION CAPITAL PROJECTS , MOTION: That the following amounts be appropriated for the following capital improvements and that each axnount be raised as indicated: a. Center Basketball Court Reconstruction-$85,000 for engineering services and for reconstructing the double basketball court at the Center Recreation Complex, and to meet the appropriation$85,000 he raised in the tax levy. b. Valley Road Tennis Courts-$130,000 for the construction of the Valley Road municipal tennis courts,and to meet this appropriation the Treasurer,with the approval ofthe Board of Selectmen, is authorized to borrow$130,000 under M.G.L. Chapter 44, Section 7,or any other enabling authority. c. Park Improvements-Athletic Fields-$50,000 for rehabilitating the athletic fields at Bowman School used by the Recreation Department,and to meet this appropriation$50,000 be raised in the tax levy. 7:50 p.m. Recreation Committee Member Robert Boudreau presented request for parts a,b,c. � 7:59 p.m. Hank Manz reported the unanimous support of the Board of Selectrnen. Shirley Stolz reported the unanimous support of the Capital Expenditures Committee. David Kanter reported the unariimous snpport of the Appropriation Committee. � �. 8:02 p.m. Members questioned funding mechanism,condition of school playing fields,and possible funding by Community Preservation Act funds. �`""� 8:10 p.m. Motion declared adopted by more than the necessary two-thirds vote. 8:11 p.m. Charles Lamb,pr.4, served notice of reconsideration on Article 29. 8:1 l�p.m. Presented by Marilyn Fenollosa,pr.5. ARTICLE 15: AMEND DEMOLITFON DELAY BYLAW " MOTION: . That Chapter 19 of the Code of the Town of Lexington be amended as follows: 1. By deleting from§ 19-2.the defmition of"DEMOLITION"in its entirety and �b substituting therefor the following: � � _ �n o rt C DEMOLITION-any act of substantially pulling down,destroying,removing or razing a �, Q, building or any portions thereof,or commencing the work of total or substantial � o- destruction with the intent of completing the same. "Demolition"as used herein shall be „�`� � deemed to include demolition by neglect. o rt � rt ,.. o 2. By adding a new definition to § 19.2. after the definition of"DEMOLITION"as follows: o � � - u� �c DEMOLITION BY NEGL�CT-a process of ongoing damage to the fabric,viability a � . and/or functionability of an unoccupied building leading towaxds andlor causing its y � eventual demolition due to decay and/or stnxctural failure and/or severe degradation over � � a period of time as a result of a general lack of maintenance,and/or failure to secure the . � '-' building from pests or�andals,andlor failure to take reasonable measures to prevent the '� � � ingress of water,snow,ice,and wind through the roof,walls,or apertures. on'o � __N. � � 3. By deleting from § 19.3.E.the words"at least six months after the date of such o c� determination by the Commission"and substituting therefor the words"until any one of � �, the conditions in Section,J�is met".�� iq 3 o F L�!'' �c 4. By deleting the entirety of subsection F of§ 19-3 and substituting therefor the following: F. The Building Commissioner may issue a demolition permit for a preferably- preserved significant building at any time after: � 400 � Adjourned Session of the 2007 Annual Town Meeting—Apri111, 2007 (1) He receives written notice from the Commission that it is satisfied that there is no reasonable likelihood that either the owner or some other person or group is willing to purchase,preserve,rehabilitate or restore such building; or (2) He receives written notice from the Commission that it is satisfied that the owner has made continuing bona fide and reasonable efforts to locate a purchaser to preserve,rehabilitate and restare the subject building, and that such efforts have been unsuccessful; or (3) A period of iwelve(12)months shall have elapsed since the date of the Commission's deterxnination that the significant building which is the subject of the application for a demolition permit is a preferably- preserved building. 5. By renumbering the current§ 19-4 as § 19-5, and the current§ 19.5 as § 19.7. 6. By adding a new § 19.4 as follows: § 19-4.Demolition by Neglect. A. If the Commission has reason to believe,througli visual inspection or other means,that a significant building may be undergoing demolition by neglect,then the Commission shall notify the Building Commissioner and the owner, and the Commission and the Building Commissioner shall jointly hold a public hearing to;G)confirm whether or not the bui.lding is a Significant Building and ii) determine whether or not it is undergoing demolition by neglect,which shall require the concurrence of the Building Commissioner. In furtherance of determining its condition,the Commission may, at any time,request an inspection of the building by the Building Commissioner. B. If the Commission and the Building Commissioner both determine that the � building is undergoing demolition by neglect,the Commission and the Building Commissioner shall attempt to negotiate a voluntary agreement with the owner for appropriate and timely repairs sufficient to structurally sta.bilize the building and/or prevent further deterioration. ° C. In the event that the Commission and the Building Commissioner both determine that they are not able to negotiate such an agreement with the owner,for any �� reason, or that the owner has agreed to undertake but has failed to satisfactorily complete such repairs in a timely manner,then the Commission an,d the Building —J Commissioner may take such action as is permitted under section 19-5, including seeking a court order that specific repairs be undertaken to secure the building against the elements,vandals and vermin,to halt further deterioration,and to stabilize it structurally. The Commission may forbear from commencing an action in court for any reason. D. Upon completion of all repairs that have been agreed upon between the owner and the Commission and the Building Commissioner or that have been ordered by the Commission and the Building Commissioner, or that have been ordered by the court,and upon certification by the Building Commissioner that said repairs have been completed,the Commission shall certify that the building is no longer undergoing demolition by neglect. 7. By deleting in its entirety subsection B from the renumbered § 19.5,and substituting therefor a new subsection B as follows: B. No building permit shall be issued with respect to an�C premises upon which a significant building has been voluntarily demolished in violation of this by-law for a period of two years after the date of the completion of such demolition or the date by ' which the Commission and the Building Commissioner both have determined that a building is undergoing demolition by neglect,whichever date is later,except pursuant to the issuance of a building permit pursuant to an agreement reached under section � 19-4.B herein,or as otherwise agreed to by the Commission. As used herein � "premises"includes the parcel of land upon which the demolished significant � building was located. - 8. By adding a new§ 19.6 as follows: § 19-6. Demolition on Account of Threat to Public Safety. Notwithstanding any other provision of this bylaw,nothing herein shall be construed to prevent the demolition of any structure or portion thereof which the Building Commissioner shall certify is required by the public safety because of an unsafe or dangerous condition. __ _- _ __ -. ___ ___ -_ ___ _ � - --- - _ _ . 401 Adjourned Session of the 2007 Annual Town Meeting—April 11, 2007 8:13 p.m. H.istorical Commission members David Kelland and Marilyn Fenollosa presented an overview of the Commission's re�ponsibility,membership, and proposed bylaw changes. • 8:27 p.m. Norman Cohen reported the�supporC of a majority of the Board of Selectmen. 8:30 p.m. Wendy Manz reported the unanimous support of the Planning.Board. 834 p.m. Peter Kelley presented a minority report of the Board'of Selectrnen. 8:37 p.m. Richard Canale,Cultural Heritage In�entory Study and Reconnaissance Landscape . Study,reported support. 8:40 p.m. Ivlembers spoke in support and opposition,questioned authority of Commission and � -�-- Building Commissioner. Building Commissioner Steven Frederickson advised the Historical Commission is advisory to the Commissioner and has no authority to dictate to the Commissioner. �� 8:55 p.m. Members questioned demolition by neglect and unoccupied buildings. Town Counsel Kevin Batt provided a clazification. David Kelland reported on need for structure stabilization. 9:00 p.m. Members and citizens from the audience spoke in support and in opposition, questioned objective criteria the Historical Commission will use for enforcement,and Historical Commission plans for notifying cunent and future owners of houses on the inventory of historic properties. 9:56 p.m. Robert Whitman,pr3,called the question. Motion Adopted. 9:57 p.m. Marilyn Fenollosa summarized impact of proposed changes. 10:00 p.m. The Moderator called for a standing vote,ta.11ied as follows: Pct1 Pct2 Pct2 Pct4 PctS Pct6 Pct7 Pct8 Pct9 AL TOTAL YES 8 9 11 15 7 8 7 7 10 7 89 NO� 9 9 8 3 19 11 11 7 9 6 83 . 10:31 p.m. With 89 voting in the�rmative and 83 in the negative,Motion Adopted. 10:01 p.m. Dawn McKenna,pr.6,served notice of reconsideration on Article 15. � 10:02 p.m. Presented by Betsey Weiss,pr.2. r-- ARTICLE 26: APPROPRIATE FOR FY2008 COMMUNITY PRESERVATION COMMITTEE OPERATING BUDGET AND FOR CPA PROJECTS � 26(e) That$90,000 be appropriated from the Historic Resources Reserve of the Community Preservation Fund for a comprehensive cultural resource survey. Betsey Weiss summarized and reported the support of the Community Pr.eservation Committee. Norman Cohen reported the support of a majority of the Board of Selectmen. Charles Lamb reported the unanimous support of the Capital Expenditures Committee. David Kanter reported the opposition(5-3)of the Appropriation Committee. 10:09 p.m. Mem.bers questioned making the records available electronically on-line. Charles Lamb reported the support of the Capital Expenditures Committee and of the committee's request for electronic posting of inventory. Discussion ensued on rights of homeowners with houses on the inventory listing and possible recourse, and of need for Historical Commission to establish some due process. Marilyn Fenollosa reported the intent of the Historical Commission to notify homeowners with houses on the historical significance inventory. Discussion ensued on separation of demolition delay bylaw from inventory of historical significance. 10:37 pm. Joel Adler,pr,l,moved the question. Motion Adopted 10:37 p.m. Motion under Article 26(e)Adopted. I 10:37 p.m. Charles Lamb served notice of reconsideration on Article 25(e). The Moderator explained intent to address the operating budget(Article 21)then Article 39 at the next meeting. 10:38 p.m. Selectman Jeanne Krieger moved adjournment unti17:30 p.m.,Monday,Apri123, 2007 at the Cary Memorial Hall. Motion Adopted Unanimously. A true copy. � Attest: � � Donna M.Hooper,Town Cl k 402 Adjourned session of the 2007 Annual Town Meeting Apri123,2007 Moderator Margery M.Battin called the sixth session of the 2007 Annual Town Meeting to order at 7:30 p.m.,Cary Memorial Hall. A quorum of 171 members was present. A moment of silence was held in honor of the 32�students killed in the recent massacre at Virginia Polytech and State University,Blacksburg,VA Congratulations were extended,to Arthur Katz and Beverly Kelley,awarded the Minuteman Cane Awaxd and White Tricorn Hat,respectively,at this year's Patriot's Day events which were abbreviated due to severe weather conditions. The Moderator explained anticipated order of business for the evening. � ARTICLE 2: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES 734 p.m. Selectman Jeanne Krieger moved the report of the Human Services Committee be accepted and placed on file. Robert Dentler introduced and Dr.Timothy Dugan presented the taskforce's report. Mo.tion Adopted 7:45 p..m. Selectrnan Jeanne Krieger moved the report of the Transportation Advisory Committee be accepted and placed on file. Sara Arnold reported. Motion Adopted. 7:50 p.m. Thomas Griffiths, School Committee,moved the Interim Report of the School Financial Review Committee be accepted and placed on file. Mr. Griffiths reviewed the Committee's establishment, chaired by Jennifer Hewett and Robert Boudreau. Ms.Hewett presented the interim report. Motion Adopted Unanimously. 7:58 p.m. Selectman Jeanne Krieger moved the Report of the Town Manager be accepted and placed on file. Town Manager Carl F.Valente reported. Permanent Building Committee Co-Chair Phil Poinelli reported on the school energy issues. Motion Adopted Unanimously. 8:37 p.m. Alan Levine,pr.8,moved the Appropriation Committee's Reports#1,2,3 be accepted and placed on file. Mr. Levine summarized. Motion Adopted. 8:51 p.m. Selectman Jeanne Krieger moved Article 39 be taken up. Motion Adopted ' Unanimously. 8:51 p.m. Presented by Selectman Jeanne Krieger. ��i ARTICLE 39: ESTABLISH AND APPROPRIATE TO SPECIFIED � STABILIZATION FUNDS "—'' MOTION: a)That the following stabilization funds be created in accordance with MGL Ch. 40, Section SB. 1) Transportaxion Demand ManagementlPublic Transportation Stabilization Fund for the purpose of supporting the operations of Lexpress Bus Service. 2) Traffic Mitigation Stabilization Fund for the purpose of financing traffic mitigation projects pursuant to conditions of special permits issued by the Town. ' 3) School Bus Transportation Stabilization Fund for the purpose of supporting transporta.tion of students to and from school on a daily basis. 4) Section 13S Zoning By-Law Sta.bilization Fund for the purpose of financing public improvements pursuant to Section 135 of the Code of the Town of Lexington. b)That appropriations to the following stabilization fands be made from the sources and in the amounts specified. 1) $58,000 from the I:express TDM special revenue account to the Transportation Demand Management/Public Transportation Stabilization � Fund '—' 2) $220,035.99 from the TDM Avalon Bay special revenue account to the Traffic Mitigation Stabilization Fund 3) $200,000 from the School Transportation Avalon�Bay special revenue account to the School Bus Transportation Stabilization Fund 8:51 p.m. Jeanne Krieger reported the unanimous support of the Board of Selectman. Michael Kennealy reported the support of the Appropriation Committee. 8:54 p.m. Motion Declared Adopted Unanimously. _ __. _ _ __ __ _ __ __—__ ___--______ _ __--- --- ____ ____ ___ __ - __ ( __. _ _ _ _ _ _ _ . 403 Adjourned Session of the 2007 Annual Town Meeting-April 23, 2007 8:54 p.m. Presented by Selectman Jeanne Krieger.. ARTICLE 21: APPROPRIATE FY 2008 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. Additional FY 2008 Appropriation, Contingency FI'2008 Contingent on Budget Budget Override Vote (Informational Purposes Only) � Program 1000:Education �,__ 1100 Lexington Publio Schools $65,108,938 $3,187,045 $ 68,295,983 1200 Regional School $ 1,200,438 $ $ 1,200,438 Program 2000: Shared Expenses 2100 Benefits 2110 Contributory Retirement $3,449,284 $ $ 3,449,284 2120 Non-contributory Retirement $ 41,000 $ $ 41,000 2130 Insurance $19,074,943 $794,544 $ 19,869,487 2,140 Unemployment $ 375,445 $ $ 375,445 2150 Workers Compensation* $ 300,235 $ $ 300,235 2160 Property&Liability Insurance $ 582,853 $ $ 582,853 2170 Uninsured Losses*' $ 50,000 $ $ 50,000 2200 Debt Service 2210 Payment on Funded Debt $2,833;980 $ $ 2,833,980 � 2220 Interest on Funded Debi $ 703,832 $ � $ 703,832 2230 Temporary Borrowing $ 260,325 $ $ 260,325 2300 Reserve Fund , 2300 Reserve Fund $ 450,000 $ $ 450,000 Program 3000:Community Services 3100-3600 DPW Personal Services $ 3,316,221 $ $ 3,316,221 ' 3100-3600 DPW Expenses $ 5,126,015 $ $ � .5,126,015 Program 4000:Public Safety , 4100 Law E�forcement Personal Services $ 4,214,699 $ $ 4,214,699 4100 Law Enforcement Expenses $ 468,507 $ $ 468,507 4200 Fire/Medical Personal Serviees $ 4,261,226 � $ 4,261,226 4200 Fire/Medical Expenses $ 485,062 $ $ 485,062 Program 5000:Culture&Recreation 5100 Library Personal Services $ 1,636,700 $ $ 1,636,700 5100 Library Expenses $ 452,154 $ $ 452,154 Program 6000: Social.Services � 6100-6200 Social Services Personal Services $ 403,722 $ $ 403,722 6100-6200 Social Services Expenses $ 283,182 $ $ 283,182 L _ Program 7000: Community Development 7100 Community Development Personal Services $ 771,687 $ $ 771,687 7100 CommuniTy Development Expenses $ 71,689 $ $ 7�,689 7200 Planning Personal Services $ 198,987 $ $ 198,987 7200 Planning Expenses $ 8,359 $ $ 8,359 7300 Economic Development Personal Services $ 120,797 $ $ 120,797 7300 Economic Development Expenses' $ 103,736 $ $ 103,736 404 Adjourned Session of the 2007 Annual Town Meeting-Apri123, 2007 Additional FY 2008 Appropriation, Contingency FI'2008 Contingent on Budget Budget Override Vote (Informational Purposes Only) Program 8000: General Government 8100 Board of Selectmen 8110 Board of Selectmen Personal Services $ 71,246 $ $ 71;246 ---, 8110 Board of Selectmen Expenses $ 71,150 $ $ 71,150 I 8120 Legal Services $ 350,000 $ $ 350,000 .W� 8130 Town Report $ 6,500 $ $ 6,500 8200 Town Manager 8210-8220 Town 1Vlanager Personal Services $ 479,797 $ $ 479,797 . 8210-8220 Town Manager Expenses $ 143,125 $ $ 143,125 8230 Salary Transfer Account* $ 1,029,893 $ $ 1,029,893 and further that Line 8230 is to be transferred by the Board of Selectmen for contractual settlements within departments including the School deparament upon recommendation of the Town Manager 8300 Town Committees $ 8310 Finance Committees $ 1,500 $ $ 1,500 8320 Misc.Boards and Committees $ 4,705 $ $ 4,705 8330 Public Celebration Committee $ 29,000 $ $ 29,000 8400 Finance Personal Services $ 1,004,615 $ $ 1,004,615 8400 Finance expenses $ 283,894 $ $ 283,894 8500 Town Clerk Personal Services $ 246,101 $ $ 246,101 , 8500 Town Clerk Expenses $ 90,759 $ $ 90,759 8600 MIS Personal Services $ 187,941 $ $ 187,941 �-� 8600 MIS Expenses $ 291,587 � � and that the Town transfer the following suxns to meet,in part,appropriations made at this Town Meeting: $65,000 from Schooi Bus Transportation Stabilization Fund for Line-Item 1100 $100,0.00 from the Cemetery Trust Fund for iine items 3100-3600; $58,000 from Transportation Demand Management/Publio Transportarion Stabilization Fund for line-items 3100-3600; $300,000 from the Parking Meter Fund for line-items 3100-3600 and 4100; $1,887,347 from Unreserved Fund Balance/Free Cash; $859,728 from the Water Enterprise Fund; � $737,309 from the Sewer Enterprise Fund;and $155,848 from the Recreation Enterprise Fund. Items marked with an(*)are Continuing Balance Accounts. Selectman Krieger moved : MOTION: Article 21,line items 1100 and 2130 be divided out to act upon separately on Apri130,2007. 8:56 p.m. Ephraim Weiss,pr.5,moved to amend the motion,adding: AMENDMENT: Article 42 be taken up at the same time as � , line items 1100 and 2130 of Article 21. 8:58 p.m. Alan Levine,pr.8,served notice of reconsideration on Arkicle 39. 8:59 p.m. Ephraim Weiss explained his amendment was presented to have Article 42 be discussed at the same time,but voted separately. 8:59 p.m. Selectman Krieger reported a majority of the B.oard of Selectmen opposed the Weiss amendment. 9:02 p.m. School Committee Chairman Thomas Diaz reported the School Committee opposes (4-1)the Weiss amendment. 9:03 p.m. Deborah Brown,pr.8,reported the opposition(8-1)of the Appropriation Committee,reiterating an Article 42 motion would not be ready at that time. -_ _ __ ____ __ __ _ __ __-_ T _----_____ _ _ ___ _ _ __ _ __ ___ ____ _ __..-- -_ � 405 : Adjourned Session of the 2007 Annual Town Meeting—April 23, 2007 9:04 p.m. Members spoke in support and opposition to the Weiss amendment. 9:09 p.m. Weiss Amendment Not Adopted. 9:10 p.m. Selectman Krieger motion to divide out line items 1100 and Z130— Motion Adopted Unanimously. 9:10 p.m. Moderator Margery M. Battin read through the Motion for Article 21. Members commented. 9:11 p.m. Marjorie Daggett reported on line item 1200—Regional School budget for Minuteman Vocational Technical High School. 9:17 p.m. Norman Cohen commented on Lexington's excellent pension plan. �°— 9:19 p.m. Town Manager Carl Valente responded to questions on collective bargaining, � coalition bargaining and insurance indemnity plans. � _ 9:26 p.m. Library Director Cornelia Rawson responded to questions on funding sources for the Cary Memorial Library. 9:28 p.m. Deparlment of Public Works Director William Hadley respanded to questions on utility funding. 9:30 p.m. Dawn McKenna,pr.6,spoke on Liberiy Ride funding in line item 7300. 9:36 p.m. Alan Levine,pr.8,reported unanimous support of the Appropriation Committee for line items discussed. 9:36 p.m. Vote on Article 21 (with 1100 and 2130 removed)Adopted Unanimously. 937 p.m. Alan Levine,pr.8,served notice of reconsideration on Article 21. 9:37 p.m. Benjamin Cohen,pr.3.,moved Article 23 be taken up at this time. Motion Adopted Unanimously. 9:37 p.m. Presented by Benjamin Cohen,pr.3. ARTICLE 23: PETITION GENERAL COURT TO INCREASE INCOME LIMITS (CITIZEN'S PETITION) � MOTION: That the Board of Selectmen be directed to petition the General Court for an Act that will significantly raise the income limits,currently set at�a maximum of$40,000 per household and lower the age limits,currently set at a minimum of 65 years of age,relatmg to . the eligibility requirements associated with property tax deferrals in Le�ungton,as provided ih Chapter 59, Section 5,Clause 41A of the Massachusetts General Laws, as amended; or act in � any other manner in relation thereto. ---------------------------- �---- 9:48 p.m. Victoria Blier;pr.9,Tax Deferral&Exemption Study Committee,reported full support for Mr. Cohen's goals and moved the following substitute motion: SUBSTITUTE MOTION: That the Selectmen be and they hereby are au�liorized to petition the General Court for an Act, in substantially the form set forth below,to permit the Town to lower the age eligibility limits,currently a minimum of 65 years of age, and to raise the income eligibility limits, currently a maximum of$40,000 per household, for property ta�c deferrals,as provided in Chapter 59, Section 5,Clause 41A, ofthe Massachusetts General Laws, as amended. The General Court may make clerical or editoria�changes, of form only, to the proposed Act,unless the Town approves axr�endments thereto before its enactment by the General Court. The Selectmen are hereby authorized to approve amendments to the proposed Act by the General Court which are within the scope of and further the public objectives of.this petition. Text of Proposed Act to be submitted to the General Court pursuant to a Home Rule Petition: AN ACT RELATIVE TO REAL PROPERTY TAX DEFERRALS IN THE TOWN OF LEXINGTON � Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same,as follows: Section 1. Not withstanding the provisions of the first paragraph of clause Forry-first A of � _ section 5 of chapter 59 of the General Laws,the Town of Lexington may,by vote of its Town Meeting and with the approval of its Board of Selectrnen: (1)adopt a lower minimum age of eligibility than 65; (2)adopt a higher maxixnum qualifying gross receipts amount that $40,000; and(3)condition eligi.bility for deferral of real property taxes under this clause by persons who would not otherwise qualify based on their age,but for this Act,on objective criteria of disability or other hardship. Section 2. This Act shall take effect upon its passage. ------------------- 9:50 p.m. Victoria Blier responded to a question on income determination. 9:S1 pm. Motion to Substitute Adopted Unanimously. 406 Adjourned Session of the 2007 Annual Town Meeting—Apri123, 2007 9:54 p.m. Selectman Nornian Cohen reported the unanimous support of the Board of Selectmen for the Substitute Motion. 9:55 p.m. John Bartenstein,pr.l,reported the unanimous support of the Appropriation Committee. Thomas Diaz reported the unanimous support of the School Committee. 10:01 p.m. Motion Adopted Unanimously,as substituted. 10:02 p.m. Selectman Hank Manz moved Article 24 be taken up. Motion Adopted. ---, 10:02 p.m. Presented by Selectman Hank Manz. I ARTICLE 24: APPROPRIATE FOR SENIOR SERVICE PROGRAM � MOTION: That the Town appropriate$40,000 for the purpose of conducting a . Senior Service Program,to be spend under the direction of the Town Manager;that to meet this appropriation$40,000 be raised in the tax levy;and that the Board of Selectmen be autharized to establish rules and regulations for the conduct of the program. 10:03 p.m. Hank Manz reported the unanimous support of the Board of Selectman. John Bartenstein,pr.l,reported Appropriation Committee unanimous support. 10:03 p.m. Motion Adopted Unanimously. 10:03 p.m. Selectman George Burnell moved Article 32 be taken up. Motion Adopted.Unanimously. 10:03 p.m. Presented by Selectman George Burnell. ARTICLE 32: APPROPRIATE FOR WATER DISTRIBUTION IMPROVEMENTS MOTION: That the Selectmen are hereby authorized to insta�l new water mains � and replace or clean and line existing water mains 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' $1,800,000 for such installation and lining and land acquisition;and to meet this appropriation the Treasurer with the approval of the Board of Selectmen is authorized � � to borrow$1,800,000 under M.G.L.Chapter 44, Section 8 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. 10:04 p.m. Alan Levine,pr.8, served notice of reconsideration on Article 24. 10:04 p.m. George Burnell summarized and•reported unanimous support of the Board of Selectmen. 10:07 p.m. Charles Lamb,pr.4,reported the unanimous support of the Cap.ital Expenditures Committee. John Bartenstein,pr.l,reported.unanimous support of the Appropriation Committee. 10:07 p.m. Motion Adopted Unanimously. 10:07 p.m. Charles Lamb,pr.4,served notice of reconsideration on Article 32. 10:09 p.m. Fresented by Selectman George Burnell. � ARTICLE 33: APPROPRIATE FOR SEWER IMPROVEMENTS MOTION: That the Selectmen are hereby authorized to install sewer mains and sewerage systems and replacements thereof 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,and acts in addition thereto and amendment thereof,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 $1,300,000 of$�3.-04,-040, and to raise such amount the Treasurer with the approval of the Board $1,300,000 of Selectmen is authorized to borrow$�-,�98-OE)9 under M.G.L. Chapter 44, Section 7 �� 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. --- __ __ -- _ __ . - — __ _ . ____ _._ ___ _ _ __ _ f- 407 Adjourned Session of the 2007 Annual Town Meeting—April 23, 2007 10:09 p.m. George Bumell presented the artiele and reported the unanimous support of the Board of Selectmen. Charles Lamb,pr.4,reported the unanimous support of the Capital Expenditures Committee. John Bartenstein,pr.l,reported the unanimous support of the Appropriation Committee. 10:12 p.m. Public Works Director William Hadley responded to questions regarding sequence of water and sewer projects and street paving. 10:13 p.m. Motion Adopted Unanimously. 10:14 p.m. � Selectman Peter Kelley moved Article 22 be taken up. Adopted Unanimously. 10:14 p.m. Charles Lamb served notice of reconsideration on Article 33. 10:14 p.m. Presented by Selectrnan Peter Kelley. ARTICLE 22: APPROPRIATE FY2008 ENTERPRISE FUND BUDGETS MOTION: � a) That the Town appropriate the following suxns of money to operate the Water Division of the Department of Public Works during fiscal year 2008;under the provisions of M.G.L.chapter 44,section 53F%2: Salaries $.581,656 Expenses 569,800 . MWRA Assessment 4,435,769 Debt Service(non-exempt) 490.833 Total. " $6;078,058 Said sum to be funded from water receipts. 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 2008;under the provisions of M.G.L. chapter 44, section 53F'/z: Salaries $ 245,291 Expenses 430,272 . . MWRA Assessment 6,197,216 Debt Service(non-exempt) 473.256 Total $ 7,346,035 Said sum to be funded from wastewater receipts. ` + c)That the Town appropriate the following sums of money to operate the Recreation � Department during fiscal year 2008;under the provisions of M:G.L. chapter 44, ` " section 53F1/2: Salaries $ 563,120 . Expenses 960,668 Debt Service(non-exempt) 103,917 Total . $ 1,627,705 � Said sum to be funded from recreation receipts and$450,000 from retained earnings: -------------------------------- Peter Kelley reported the unanimous support of the Board of Selectmen. John Bartenstein,pr.l,reported the unanimous support of the Appropriation Committee. Public Works Director William Hadley explained the MWRA assessment.. 10:20 p.m. Adopted Unanimously. 10:2I p.m. Alan Levine,pr.8, served notice of reconsideration on Article 22. 10:21 p.m. Seleetman George Burnell moved to take up Article 25. Motion Adopted. 10:21 p.m. Presented by Selectman George Burnell. ARTICLE 25:_ CONTINUE AND APPROVE DEPARTMENTAL RESOLVING FUNDS NtOTION: That the Town authorize the following continuing revolving funds for certa:in ' Town departments pursuant to the provisions of M.G.L. chapter 44, section 53E'/z for the fiscal year beginning July 1,2007, as follows: � . Authorized ; ' Representative or Board Departmental Receipts Use of Fund FI'2008 , _ Revolvin Fund to S end Authorization DPW Burial Containers Public Works Director Sale of Grave Boxes and Progam�xpenses $35,000 Burial Vaults DPW Compost Operation Public Works Director Sale of Compost and Personnei,Benefits $230,000 Loam,Yard Waste Permits and Program Ex enses LeacMedia Operations Boazd of Selectmen and License fees from cable CATV contract, $400,000 Town Manager TV providers equipment and related e enses Tree Fund Boazd of Selectmen Gifts and Fees Pro am E enses $20,000 Minuteman Household Public Works Director Fees paid by consortium Program Expenses $175,000 Hazardous Waste Pro am Health Pro ams Health Director Medicare Reimbursements Pro Ex enses $7,000 Council on Aging Social Services Director Program fees and gifts Program Expenses $100,000 Pro ams 408 Adjourned Session of the 2007 Annual Town Meeting—April 23, 2007 George Burnell reported unanimous support of the Board of Selectmen. John Bartenstein,pr.l,reported unanimous support of the Appropriation Committee. 10:26 p.m. Town Manager Carl Valente explained the motion is an authorization,not appropriation,and reported some fund balances.. 10:28 p.m. Motion Adopted Unanimously. 10:28 p.m. Selectman Jeanne Krieger moved adjournment unti1730 p.m., Wednesday,Apri125, 2007 at Cary Memorial Hall. � -� 10:28 p.m. Motion Adopted Unanimously. j � A true copy. �� Attest: Donna M. Hooper,T Clerk Adjourned session of the 2007 Annual Town Meeting Apri125,2007 Moderator Margery M. Battin called the seventh session of the 2007 Annual Town Meeting to order at 730 p.m.,Cary Memorial Hall. A quorum of 173 members was present. The Moderator declared a recess for a presentation by Lexington Public Schools,where School Committee Chauman Thomas Diaz and Superintendent Paul Ash presented the Sharyn Wong- Chang/Sara Harrington Diversity Award to Lexington High School foreign language teacher Mary Alice Samii. ARTICLE 2: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES 7:44 p.m. Selectman Jeanne Krieger moved the report of the Gommission on Disability be accepted and placed on file. Chairman Victoria Buckley presented the Commission's report. Motion Adopted Unanimously. " 7:48 p.m. Charles Lamb,pr.4,moved the Capital Expenditures Committee's second report to r�i the 2007 Annual Town Meeting be accepted and placed on file. Mr..Lamb reported. i Motion Adopted Unanimously. --' Selectman Jeanne Krieger moved Article 36 be taken up. Adopted Unanimously. 7:50 p.m. Presented by Selechnan Jeanne Krieger. ARTICLE 36: APPROPRIATE FOR PUBLIC WORKS FACILITY MOTION: That$25,180,000 be appropriated for constructing,originally equipping and furnishing a new Department of Public Works(DPV�operations facility at 201 Bedford Street, including architectural and engineering services necessary.in connection therewith,to be spent under the direction of the Permanent Building Comxnittee and the Town Manager; and that to meet this appropriation the Treasurer,with the approval of the Board of Selectrnen, is authorized to borrow $25,180,000 under M.G.L. Chapter 44, Section 7, or any other enabling authority. . 7:51 p.m. Jonathan Himmel,Permanent Building Committee, summarized work thus far in plans for constructing a new DPW operations facility proposed for 2p 1 Bedford Street. Representatives from HKT Architects reviewed design plans. Finance Director Robert Addelson addressed estimated tax impact for debt exclusion. Public Works Director William Hadley reviewed the need for a new public works facility and how the proposed facility would address such needs. 8:30 p.m. Selectrnan Jeanne Krieger summarized need for a new public works faciliiy,the . process taken,and the proposal presented. Mrs.Krieger reported the enthusiastic support of the �--F Board of Selectmen. � � 8:35 p.m. Selectman Peter Kelley outlined his concerns with,and opposition to,the proposal. 8:42 p.m. Theodore Edson reported the unanimous support of the Appropriation Committee. Alan Levine,pr.8,reported the unanimous support of the Capital Expenditures Committee. 8:52 p.m. Conservation Commission Chair Joyce Miller reported enthusiasm of the Commission for what has been seen based upon plans described. 8:53 p,m. Jerry Van Hook reported enthusiastic support. 8:59 p.m. School Committee Chairxnan Thomas Diaz reported the enthusiastic support of the Committee and.support for plans for a town wide facilities department. 8:58 p.m. Members spoke in support and on the deplorable condition of the current facility. _ _ __. _ _ _--- - _ _ __ _ __ � __ _ _ __ _ _ _ 409 Adjourned Session of the 2007 Annual Town Meeting—Apri125, 2007 9:00 p.m. Selectman Jeanne Krieger responded to questions on proposed funding allocation between the tax base and water/sewer fees. Appropriation Committee Chairman Alan Levine further clarified amount of debt exclusion. Members spoke further in support and questions raised were addressed. 9:2?p.m. Kenneth Krentziger,pr.2,moved the question. After a voice vote,the Moderator was , in doubt and called for a standing vote,tallied as follows: Pct1 Pct2 Pct2 Pct4 PctS Pct6 Pct7 Pct8 Pct9 AL TOTAL YES 13 16 13 12 7 16 12 14 12 0 115 NO 4 3 5 5 8 4 2 2 5 9 47 9:31 p.m. With 115 voting in the affumative and 47 in the negative,the Motion was declared -- adopted, and the main question now put. 9:32 p.m. Following a voice vote,the Moderator declared the Motion Adopted by more than the necessary two-thirds vote. 9:32 p.m. Charles Lamb,pr.4, served notice of reconsideration on Article 36. 9:33 p.m. Presented by Selectrnan Norman Cohen. � ARTICLE 27: LAND PURCHASE—OFF LOWELL S�'REET MOTfON: That this article be indefinitely postponed. Adopted Unanimously. . 933 p.m. Presented by Selectman Norman Cohen. ARTICLE 28: LAND PURCHASE—OfF ADAMS STREET MOTION: That this article be indefmitely postponed. Adopted Unanimously. 9:40 p.m.Presented by Dawn McKenna,pr.6. ARTICLE 30: APPROPRIATE FOR BATTLE GREEN FLAGPOLE MAINTENANCE . (CITIZENS' PETITION) MOTION: Whereas on November 8, 1965,President Lyndon Johnson signed Public Law Number 89-335,a special act of the United States Congress authorizing the display of the flag on the Battle Crreen 24 hours a day;that the flagpole was a gift to the Town; and that the Battle Green belongs to the Citizens of Lexington;therefore,be it resolved that Town ^ Meeting recognizes and acknowledges that it is an obligation of the Town to display the United States Flag with the honor and dignity it deserves; and to meet that responsibility, � annual maintenance on the flagpole should be completed in time for Patriot's Day each yeax�, and the funding for such work should be appropriated annually in the Department of Public Works maintenance budget,provided,however,that any funds available in the George Taylor Fund held by the Trustees of Public Trust may be used to reduce the appropriation to cover such maintenance. 9:42 p.m. Hank Manz reported the support(4-0-1)of the Board of Selectmen. Eric Michelson,pr.l,reported the support(8-1)of the Appropriation Committee. 9:43 p:m. David Williams,pr.5, Trustees of Public Trusts,reported on trust fund earnings. 9:43 p.m. Motion Adopted. 9:44 p.m. Presented by Selectrnan Peter Kelley. ARTICLE 31: 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. Lincoln Field Methane Mitigation Wall-$550,000 for the construction of a subsurface slurry � wall and all incidental costs related thereto,and that to meet this appropriation the Treasurer, with the approval of the Board of Selectmen, is.authorized to borrow$550,000 under M.G.L. - Chapter 44, Sections 7 or 8 or any other enabling authority. 9:44 p.m. Selectrnan Kelley moved to divide out Article 31,part(a)to be voted upon separately � '� at a future meeting. Motion Adopted. �- -. b. Fire Alarms-$142,000 for the installation of fire alarm master boxes in all municipal and school buildings,a.�d that to meet this appropriation the Treasurer,with the approval of the Board of Selectmen,is authorized to borrow$142,000 under M.G.L. Chapter 44, Section 7 or any other enabling authority. c. DPW Equipment-$523,300 for the cost of departmental equipment for the Department of Public Works and all incidental costs related thereto,and that to meet this appropriation the Treasurer,with the approval of the Board of Selectmen, is authorized to borrow$523,300 under M.G.L.Chapter 44, Section 7 or any other enabling authority. d. Woburn Street Reconstruction-$120,000 for engineering services to design a complete reconstruction of Woburn Street,and that to meet this appropriation the Treasurer,with the approval of the Board of Selectrnen, is authorized to borrow$120,000 under M.G.L. Chapter 44, Section 7 or any other enabling authority. 410 Adjourned Session of the 200�Annual Town Meeting—Apri125,2007 e. Geographic Information Systems-$195,900 for the cost of a computerized mapping system, and that to meet this appropriation the Treasurer,with the approval of the Board of Selectmen, is authorized to borrow$195,900 under M.G.L. Chapter 44, Section 7 or any other enabling authority. f. Storm Drain Improvements-$460,000 fQr constructing and reconstructing storm drains and all incidental costs related thereto, and that to meet this appropriation the Treasurer,with the approval of the Board of Selectmen, is authorized to borrow$460,000 under M.G.L. Chapter 44, Section 7 or any other enabling authority. g. Sidewalk Improvements-$100,000 for the construction and reconstruction of sidewalks and all incidental costs related thereto, and that to meet this appxopriation the Treasurer,with the approval of the Board of Selectmen, is authorized to borrow$100,000 under M.G.L. Chapter �-,� 44, Section 7 or any other enabling authority. � 9:46 p.m. Selectrnan Peter Kelley summarized requested action for parts(b)through(g),with the following reported: 31 (b): Peter Kelley reported the support of t�e Board of Selectrnen. David Kanter questioned possible eligibility for Community�Preservation Act funding, then reported the support of the Appropriation Committee. Charles Lamb,pr.4,reported the support of the Capital Expenditures Committee for Article 31,parts(b)through(q). 9: 48 p.m. 31 (c): Peter Kelley reported the support of the Board of Selectmen. David Kanter reported the unanimous support of the Appropriation Committee. 9:56 p.m. 31(d): Peter Kelley reported the support of the Board of Selectmen. David Kanter reported the unanimous support of the Appropriation Committee. Public Works Director William Hadley responded to questions on work done in-house - and outsourced due to stafFmg levels and project demands. 10:01 p.m. 31 (e): David Kanter reported unanimous support of the Appropriation Committee. 31 (fj: Peter Kelley reported the unanimous support of the Board of Selectrnen. • David Kanter reported the unanimous support of the Appropriation Committee. Selectman Norman Cohen and Peter Kelley responded to further questions regarding staffing "j levels and project demands. 10:08 p.m. 31 (g): Peter Kelley reported the support of the Board of Selectmen. David Kanter reported the unanimous support of the Appropriation Committee. 10:08 p.m. 31 (h): Peter Kelley reported the unanimous support of the Board of Selectmen. Victoria Buckley spoke to the Commission on Disability concerns on sidewalk standards. 10:15 p.m. Charles Lamb,pr.4,moved to divide out section(h)to be voted upon separately. Motion Adopted. . h. Central Business Sidewalks-$175,000 for the construction and reconstruction of sidewalks in the Central Business District and a11 incidental costs related thereto,and that to meet this appropriation the Treasurer,with the approval of the Board of Selectmen, is authorized to borrow$175,000 under M.G.L. Chapter 44, Section 7 or any�other enabling authority. i. Bikeway Reconstruction-$175,000 for the reconstruction of the Minuteman Bikeway and all incidental costs related thereto,and that to meet this appropriation the Treasurer,with the � approval of the Board of Selectmen, is authorized to borrow$175,000 under M.G.L. Chapter 44, Section 7 or any other enabling authority. j. Building Envelope-$150,000 for remodeling,reconstructing and making extraordinary �---, repairs to municipal buildings,and that to meet this appropriation$150,000 be raised in the � tax levy. k. Munroe Center Fire Alarms-$35,000 for engineeruig services to evaluate the existing fire alarm system in the Munroe Center and prepare designs and tlrawings to repair or replace the existing system, and that to meet this appropriation$35,000 be raised from unreserved fund balance. 1. Dam Repairs-$30,000 for repairs to the Butterf'ield Pond Dam and the Old Res Dam, and that to meet this appropriation$30,000 be raised from the unreserved fund balance. 10:17 p.m. Peter Kelley summarized requested action for parts(i)through(m),with the following reported: 31 (i): Peter Kelley reported the support of the Board of Selectmen. David Kanter reported the unanimous support of the Appropriation Committee. - -- - _ _ _ � __ _ _ _ _ _ _ _ _ __ _-- - 411 Adjourned Session of the 2007 Annual Town Meeting—April 25, 2007 Public Works Director William Hadley responded to questions on planned work for bike path repairs. 31 (j): Peter Kelley reported the support of the Board of Selectmen and responded to . questions on projects included in the cap.ital budget and maintenance budgets. David Kanter reported the unanimous support of the Appropriation Committee and suggested Community Preservation Act funding be sought. Stewart Kennedy,pr.8,reported on collaborations with Bicycle Advisory Committee and Department of Public Works for planned bikeway repairs. 31(k): David Kanter reported unanimous support of the Appropriation Committee due to urgency of need,then questioned potential Community Preservation Act funding eligibility. 10:24 p.m. Richard Pagett,pr.6,raised Munroe Center occupancy concerns and questions. Town Manager Carl Valente responded to questions raised. Selectman Hank Manz spoke on needed repairs. Questions were raised on Community Preservation Act furiding eligibility and procedures. 10:34 p.m. John Rosenberg,pr.4,MOVED to divide out and vote separately part 31 (k). 10:36 p.m. Selectman Jeanne Krieger reported on the obligation to provide essential fire safety. Charles Lamb, Capital Expenditures Committee, spoke against separating out. Davicl Kanter reported the Appropriation Committee opposed dividing out. 10:37 p.m. Motion to divide out 31 (k)not adopted. 10:37 p.m. Discussion ensued on Community Preservation Act funding eligibility and Committee requirements. Town Counsel Kevin Batt addressed issues raised. 10:43 p.m. Fire Chief William Middlemiss addressed questions raised regarding Munroe Center � fire system needs and building issues. 10;44 p:m. 31 (1): David Kanter reported the unanimous support of the Appropriation Committee. ` 31(m): David Kanter reported the support(8-1)of the Appropriation Committee. � Selectman Jeanne Krieger addressed questions raised regarding intersections included and funding sources. � 10:52 p.m. Dawn McKenna,pr.6,doubted the quorum. Moderator Margery Battin called for a standing vote after an uncertain voice vote;ta.11ied as follows: � Pct1 Pct2 Pct2 Pct4 Pct5 Pct6 Pct7 Pct8 Pct9 AL TOTAL � Presenf 12 12 11 14 17 15 12 11 11 14 129 10:52 p.m. With 129 tallied as present,quorum of 100 met. 10:55 p.m. Dawn McKenna,pr.6,moved the meeting,be adjourned to Monday,April 30,2007 at 7:30 p.m.,Cary Memorial Hall. Town Counsel Kevin Batt clarified Community Preservation Act/Community Preservation � Committee procedural requirements. Jessica Steigerwald,pr.8,questioned procedural issues for Monday's meeting. 1fl:56 p.m. Following an uncertain voice vote,the Moderator called for a standing vote on . adjournment,tallied as follows: Pct1 Pct2 Pct2 Pct4 Pct5 Pct6 Pct7 Pct8 Pct9 AL TOTAL YES 6 6 6 12 9 9 3 7 3 3 64 � � NO 6 5 4 1 8 6 9 3 8 9 59 11:01 p.m. With 64 voting in the affirmative and 59 in the negative;the Moderator declared the motion adopted and meeting adjourned unti17:30 p.m.,Monday,Apri130,2007 at Cary Memorial Hall. A true copy. � Attest: ��' DonnaM.Hooper,Town Clerk 412 Adjourned session of the 2007 Annual Town Meeting April 30,2007 Moderator Margery M.Battin called the eighth session of the 2007 Annual Town Meeting to order at 7:30 p.m.; Cary Memorial Hall. A quorum of 173 members was present. The Moderator called a brief recess for representatives from the League of Women Voters,Martha Wood;President, and Town Clerk Donna Hooper to recognize Lilia Kilburn and Chelsea Parrish for their serving.as Junior Poll Workers at the March 5�'Annual Town Election. Dawn McKenna,pr.6, announced her intent to move notice of reconsideration of Article 15 after all other articles have been addressed. ARTICLE 2: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES 7:40 p.m. Deborah Brown moved Report#4 of the Appropriation Committee be accepted and placed on file. Motion Adopted Unanimously. 7:41 p.m. Selectman Jeanne Krieger moved further debate on Article 31 be postponed until after Article 29 is taken up. Motion Adopted. 7:41 p.m. Selectman Jeanne Krieger moved Article 35 be taken up. Motion Adopted 7:42 p.m. Presented by Marian Cohen,Council on Ag.ing. ARTICLE 35: APPROPRIATE FOR SENIOR CENTER DESIGN/ CONCEPTUAL STUDY MOTION: That$35,000 be appropriated for architectural and engineering seryices for planning a community/senior center,including site evaluation necessary in connection therewith, and that to meet this appropriation$35,000 be transferred from the amount appropriated under Article 8(a)(ii)of the 2000 Annual Town Meeting. 7:42 p.m. Paul Lapointe,pr.2,summarized requested action. Peter Kelley reported the unanimous support of the Board of Selectmen. Shirley Stolz reported the support of the Capital Expenditures Committee. Richard Eurich reported the support(8-1)of the Appropriation Committee. e Members and residences spoke in support and opposition,questioning the availability of the old Harrington SchooL . ,--, 8:22 p.m. School Committee Chairman Thomas Diaz outlined the School Committee's plans. for relocating from the current facility on Massachusetts;Avenue to the old Harrington,with expecta.tion the availability of the facility for other purposes would not likely be known for a few years. Discussion ensued,members speaking in support and opposition, addressirig suitability of locations. 8:49 p.m. Marsha Baker,pr.7,moved the question. Motion Adopted. 8:50 p.m. Marian Cohen and Paul Lapointe summarized requested action. 8:51 p.m. Motion Adopted. 8:52 p.m. Charles Lamb served notice of reconsider�.tion on Article 35. 8:52 p.m. Presented by Thomas Diaz. ARTICLE 21: APPROPRIATE FY 2008 OPERATING BUDGET [continuation, see motion made April 23, 2007] FY 2008 Additional Contingency Appropriation, Budget FY 2008 Contingent on (Informational ' Budget Override Vote Purposes Only) 1100 Le�ngton Public Schools $65,108,938 $3,187,045 � $ 68,295,983 2100 Benefits �-� 2130 Insurance $19,074,943 $794,544 $ 19,869,487 ( � 8:54 p.m. Thomas Diaz and Superintendent Paul Ash summarized requested action for the Lexington Public Schools. 9:23 p.m. Richard Pagett,pr.6,read a minority report of School Committee memtier Ra.vi Sakhuja who was absent from the meeting. 9:30 p.m. Selectman Jeanne Krieger reported support(4-1)of the Board of Selectmen. 9:31 p.m. Deborah Brown presented the Appropriation Committee Report#4 and reported support of the Committee(7-1)for line items 1100 and 2130. __ ___ _ _ - _ _ _ _ __ _ ___ _ _ _ _ ___ _ ___--_ __- --_ _ _ 413 Adjourned Session of the 2Q07 Annual Town Meeting—Apri130, 2007 9:42 p.m. John Bartenstein,pr.l,presented a minority report of the Appropriation Committee and explained his opposition. Members spoke in support and opposition, questioning lateness of the budget,energy and maintenance improvements. . 9:58 p.m. ; Barbara Manfredi,28 Taft Avenue,retiring Principal of Bridge School, spoke in support and school financial needs. Members spoke further in support and opposition,questioning cooling system costs, special education costs, education specialists,and impact if proposition 21/2 override should fail. 10:14 p.m. Patrick Mehr,pr.3, spoke on his plans for amending the motion,then moved the following amendment, � AMENDMENT: That, in the main motion under article 21 dated April 19,2007,the Additional Appropriation Contingent on Override vote be reduced by$1,200,000 by substituting: -on Line item 1100 Lexington Public Schools,$2,187,045 instead of$3,187,045, and -on Line item 2130 Insurance,$594,544 instead of$794,544 Mr.Mehr spoke on the axnendment. 10:26 p.m. Thomas Diaz reported the opposition(4-0)of the School Committee. 10:29 p.m. Jeanne Krieger reported the opposition(4-0)of the Board of Selectrnen. 10:30 p.m. Deborah Brown reported the unanimous opposition of the Appropriation Committee. Pat'rick Mehr responded to questions on proposed amendment. Members spoke in support and opposition. 10:52 p.m. Amendment Not Adopted. 10:53 p.m. Peter Kelley spoke on his intent to present an amendment to line item 1100,then moved the following amendment: AMENDMENT: I move that the main motion,dated 4/19/07,be amended to � reduce the appropriation in FY2008 Budget Line 1100(Lexington Public Schools)by $640,000. 10:53 p.m. Jed Snyder,pr.5,moved the meeting be adjourned uritil Wednesday,May 2nd � 10:54 p.m. . James Wood,pr.7,encouraged members to stay and fmish. 10:55 p.m. Jeanne Krieger reported a majority of the Board of Selectrnen opposed adjournment. 10:56 p.m. Alan Levine reported the opposition of the Appropriation Committee to adjournment. - 10:56 p.m. Patrick Mehr moved to amend the amendment— AMENDMENT to MOTION TO ADJOURN: Adjourn to Tuesday,May l,2007 at 7:30 p.m. ,Cary 1Vlemorial Hall. 10:57 p.m. Richard Michelson,pr.8,urged the body to adjourn to Tuesday,May lst w 10:58 p.m. Vote on Amendment to the Amendment— Motion Ad.opted. 10:59 p.m. Thomas Diaz reported tlie School Committee's unanimous opposition to adjourning. 11:00 p.m. Reid Zurlo,pr.3,called the question. Motion Adopted. 11:0 l p.m. Motion to adjourn—Not Adopted. 11:01 p.m. Peter Kelley explained the amendment to line item 1100. 11:03 p.m. Thomas Diaz reported unanimous opposition of the School Committee to Mr. Kelley's amendment. 11:05 p.m. 7eanne Krieger reported the opposition(4-1)of the Board of Selectmen. 11:06 p.m. Deborah Brown reported.the opposition(6-1)of the Appropriation Committee. 11:07 p.m. Patrick Mehr,pr3,sought clarification on the proposed amendment. 11:07 p.m. Jessica Steigerwald,pr.7,moved the question. The 1V,Ioderator ruled insufficient debate had occurred. 11:08 p.m. David Kaufinan,pr.6 spoke in opposition. Robert Peters,pr.7,moved the question. � The Moderator again ruled insu�cient debate had occurred. 11:09 p.m. Debate ensued,with Town Manager Carl Valente responding to questions on the r— schooUmunicipal split and Peter Kelley explaining anticipated action if the i , amendment were to prevail. � 11:13 p.m. Kelley Amendment Not Adopted. 11:13 p.m. Howard Jaffe,28 Maple Street,spoke in support from the audience. 11:17 p.m. Superintendent Ash responded to questions on staff'ing and shared expenses. The Moderator reaffirmed the voting was on the bottom line and that the School Committee may determine the breakdown: 11:23 p.m. Deborah Brown,Appropriation Committee,responded to the question on shared expenses and referenced the report of the Committee. 11:24 p.m. Albert Zabin,pr.l,moved the question. Motion Adopted. 11:25 p.m. Vote on Article 21,line items 1100 and 2130-The Moderator declared the Motion Adopted by more than the necessary two-thirds vote. 414 Adjourned Session of the 2007 Annual Town Meeting—April 30, 2007 11:25 p.m. Alan Levine,pr.8,served notice of reconsideration of Article 21, line items 1100 and 2130. 11:26 p.m. Jeanne Krieger moved adjournment to Wednesday,May 2,2007 at 7:30 p.m.,Cary Memorial Hall. Motion Adopted. . � A true copy. / �� Attest: ' onna M.Hooper,Town rk Adjourned session of the 2007 Annual Town Meeting May 2,2007 Moderator Margery M.Battin called the ninth session of the 2007 Annual Town Meeting to order at 7:30 p.m., Cary Memorial Hall. A quoruxn of 157 members was present. The Moderator reviewed the order of business for the evening. 7:35 p.m. Charles Lainb,pr.4,moved reconsideration of ARTICLE 29 and explained the need to change the funding source previously listed. Motion Adopted Unanimously. 7:36 p.m. Charles Lamb,pr.4,moved ARTICLE 29 be amended as follows: AMENDMENT: That the motion under Article 29 be amended by striking the words"in the ta.x levy"at the end of parts(a)and(c),and substituting therefor the words"from the Unreserved Fund Balance". 7:37 pm. - Motion Adopted Unanimously. 7:38 p.m. Presented by Selectman Peter Kelley. � ARTICLE 31: APPROPRIATE FOR MUNICIPAL CAPITAL PROJECTS AND EQUIPMENT ' MOTION: That the following amounts be appropriated for the following capital improvements and thaf each axnount be raised as indicated: Article 31, continued........... ' m. Traffic Mitigation-$50,000 for engineering services for traffic and intersection improvements town-wide,and that to meet this appropriation$50,000 be raised from the unreserved fund balance. n. Street Ixnprovements-$500,000 for road reconstruction,repairs and resurfacing by the Department of Public Works,and that to meet this appropriation$500,000 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. o. NStar Parking Lot-$50,000 for constructing the new.parking area behind the NStar building at Massachusetts Avenue and Edison Way, and that to meet this appropriation$50,000 be transferred from the Parking Meter Fund. - p. Replacement of Fire Engine 5 -$80,000 for purchasing a new brush truck for the Fire Department, and that to meet this appropriation$80,000 be raised from the unreserved fund balance. q. Hydrant Replacement-$50,000 for the replacement of fire h.ydrants and that to meet this appropriation$25,000 be appropriated from the water enterprise fund retained earnings and $25,000 be raised from the unrese�ved fund balance. 7:38 p.m. Peter Kelley proceeded to explain requested action in Article 31,parts(m)through(q). � 31 (n)and 31 (0) : David Kanter reported unanimous support of the Appropriation Committee. 31 (p): Peter Kelley reported the unanimous support of the Board of Selectmen. �--� David Kanter reported the unanimous support of the Appropriation Committee. i 31 (q): Peter Kelley reported the unanimous support of the Board of Selechnen. ) David Kanter reported the unanimous support of the Appropriation Committee. 7:41 p.m. Fire Chief William Middlemiss spoke on part(k), safety at Munroe Center and status of the fire protection system. Richard Pagett,pr.6,spoke further on the center's occupancy. 7:47 p.m. Alan Levine reported the Appropriation Committee urged the possibility of the Munroe Center as an option for the Senior Center be preserved. 7:48 p.m. Joel Adler,pr.l, questioned(n)street improvements at Lowell&Maple Streets. Public Works Director William Hadley reported on street work and planned water main replacement in the area of Lowell&Woburn Street. _ . _ _ ____ __--._ _ ___ � _ ___ _ _ __ _ _ _ _ _ _ _ . _ __- � . 415 Adjourned Session of the 2007 Annual Town Meeting—May 2, 2007 7:52 p.m. Fire Chief William Middlemiss responded to questions by Frank Sandy,pr.6, regarding the fire alann system at Munroe Center. 7:56 p.m. Following a voice vote on Article 31,parts(b-g)and.(i-c�the Moderator declared the Motion Adopted by more than the necessary two-thirds vote. 7:58 p.m. Presented by Selectman Peter Kelley. ARTICLE 31: 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. Lincoln Field Methane Mitigation Wall-$550,000 for the construction of a subsurface slurry wall and all incidental costs related thereto,and that to meet this appropriation the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow$550,000 under M.G.L. Chapter 44, Sections 7 or 8 or any other enabling authority. . 7:57 p.m. Selectman Peter Kelley presented part.(a)and reported the support of the Board of . Selectmen. Charles Lamb reported the support of the Capita.l Expenditures Committee. David Kanter reported the unanimous support of the Appropriation Committee. ' 8:02 p.m. Dawn McKenna,pr.6,questioned remaining funds from the Lincoln Park project and possible use. Recreation Director Karen Simmons reported on estimated balance. Selectman Peter Kelley addressed needed action for part(a)and requested funding. Dawn McKenna requested the Selectmen and Town Manager redirect Lincoln Field funding to original intent. Additional questions and answers ensued. � 8:13 p.m. Following a voice vote on ARTICLE 31 (a),the Moderator declared the MOTION � ADOPTED by more than the necessary two-thirds vote. Charles Lamb served notice of reconsideration on article 31 (a),(b)-(g)and(i)—(q). h. Central Business Sidewalks-$175,000 for the.construction.and reconstruction of sidewalks° in the Central Business District and all incidental costs related thereto,and that to meet this appropriation the Treasurer,with the approval of the Boaxd of Selectrnen, is authorized to borrow$175,000 under M.G.L. Chapter 44; Section 7 or any other enabling authority. 8:13 p.m. Peter Kelley reported the support of the Boazd of Sel�ectmen for ARTICLE 31 (h). Charles Lamb reported support of the Capital Expenditures Committee. Victoria Buckley provided an update on the position of the Commission on , Disability. . 8:23 p.m. David Kanter reported the support(6-2)of the Appropriation Committee. Discussion ensued on sidewalk plans and construction phases for the Central Business District. 8:32 p.m. Following a voice vote on ARTICLE 31 (h),the Moderator declared the MOTION ADOPTED by more than the necessary two-thirds vote. . 8:32 p.m. Charles Lamb served notice of reconsideration on Article 31 (h). 8:33 p.m. Selectman Jeanne Krieger moved Article 43 be taken up. Motion Adopted. 8:33 p.m. Presented by Selectman Jeanne Krieger. � ARTICLE 43: APPROPRIATE FOR AUTHORIZED CAPITAL IMPROVEMENTS MOTION: a)That in addition to the$60,000 previously appropriated under Article 28(i)of the warrant � for the 2006 Annual Town Meeting, $15,000 be appropriated for the rehabilitation and � restoration of the records vault in Cary Memorial Hall,and that to meet this appropriation $15,000 be transferred from the unexpended balance of Article 4(d)of the warrant for the �.— November 29,2006 Special Town Meeting. . � b)That,in addition to$32,150,000 previously appropriated under Article 5 of the warrant for the 2002 Special Town Meeting, $1,575,000 previously appropriated under Article 29(d)of the warrant for the 2005 Annual Town Meeting,and$250,000 previously appropriated under Article 34 of tlie warrant for the 2006 Annual Town Meeting, $500,000 is appropriated for architectural and engineering services,construction,furnishing and equipping to complete the reconstruction of the Fiske and Harrington Elementary Schools;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(3),M.G.L. Chapter 70B, or any other enabling authority; and that the Permanent Building Committee and Town Manager is authorized to take any other action necessary to carry out th'is project. 8:35 p.m. Phil Poinelli,Permanent Building Committee Chairman, spoke on 43 (b)and reported on unfmished business of the Fiske and Harrington schools. 416 Adjourned Session of the 2�07 Annual Town Meeting—May 2, 2007 8:45 p.m.. Jeanne Krieger reported the unanimous support of the Board of Selectmen. Thomas Diaz reported the unanimous support of the School Committee for parts(a)and(b). Charles Lamb reported unanimous support of the Capita.l Expenditures Committee. David Kanter reported unanimous support of the Appropriation Committee. 8:48 p.m. Discussion ensued on school playground improvements,Fiske School energy rebates and air conditioning, and Woodland Road pedestrian walkway step design. 9:12 p.m. Sheldon Spector,pr.6, called the question. Motion Adopted. 9:13 p.m. Following a voice vote,the Moderator declared the Motion Adopted by more than the necessary two-thirds vote. 9:13 p.m. Charles Lamb served notice of reconsideration on Article 43. � 9:14 p.m. Presented by Thomas Griffiths. � ARTICLE 34: APPROPRIATE FOR SCHOOL CAPITAL PROJECTS AND EQUIPMENT "'' MOTION: That$3,010,000 be appropriated for planning,remodeling,reconstructing and . making extraordinary repairs to school buildings,for the purchase of additional equipment therefor, and for the purchase of computer hardware and software to maintain and upgrade the schools' technology systems; and to meet this appropriation the Treasurer,with the approval of the Board of Selectmen, is authorized to borrow$2,710,000 under M.G.L. Chapter 44;Section 7,M.G.L. Chapter 70B or any other enabling authority; and that $300,000 be transferred from the Unreserved Fund Balance. Thomas Griffiths reviewed capital requests. 9:31 p.m. Hank Manz reported unanimous support of the Board of Selectmen. Charles Lamb reported unanimous support of the Capital Expenditures Committee. David Kanter reported unanimous support of the Appropriation Committee. 9:24 p.m. Ephraim Weiss,pr.5,requested a report of the Energy Committee on the projects. 9:36 p.m. Fire Chief William Middlemiss responded to questions on school lockers posed by Dawn McKenna,pr.6. � 9:38 p.m. Comments and discussion ensued on energy savings,.ventilation issues at the high school science building, and instructional technology. 9:50 p.m. Motion Adopted Unanimously. • 9:50 p.m. Charles Lamb served notice of reconsideration of Article 34. 9:51 p.m. Presented by Selectman Norman Cohen. ARTICLE 37: APPROPRIATE FOR POST EMPLOYMENT BENEFITS MOTION: That this article be indefinitely postponed. Norman Cohen explained purpose of indefinite postponement. Deborah Brown reported the unanimous support of the Appropriation Committee. Motion Adopted Unanimously. 9:52 p.m. Presented by Selectman Norman Cohen. ARTICLE 38: RESCIND PRIOR BORROWING AUTHORIZATIONS MOTION: That this motion be indefinitely postponed David Kanter reported the Appropriation Committee has taken no position. Town Manager Carl Valente responded to request for rescinding,with the Conservation Commission potentially needing borrowing authority for future land purchases. 9:56 p.m. Motion Adopted Unanimously. 10:00 p.m. Presented by Selectinan Jeanne Krieger. ARTICLE 40: APPROPRIATE TO STABILIZATION FUND � MOTION: That$1,000,000 be appropriated to the Stabilization Fund for any lawful purpose in accardance witli M.G.L. Chapter 40, section SB,and that to meet this appropriation$1,000,000 be transferred from the Unreserved Fund Balance. ---, I Jeanne Krieger reported the unanimous support of the Board of Selectmen. � Deborah Brown reported the unanimous support of the Appropriation Committee. 10:02 p.m. Following a voice vote,the Moderator declared the Motion Adopted by more than the necessary two-thirds vote. 10:02 p.m. Presented by Selectman Jeanne Krieger., ARTICLE 41: APPROPRIATE FOR PRIOR YEARS' UNPAID BILLS MOTION: That$50,531 be appropriated to pay unpaid bills for goods and services � rendered to the School Department for Fiscal Year 2006,and that to meet this appropriation$50,531 be transferred from the Unreserved Fund Balance. _ _ _ _ _ _ _--_ � __ _ _ _ _ _ ___ __ __ ---- - � 417 Adjourned Session of the 2007 Annual Town Meeting—May 2, 2007 Jeanne Krieger reported unanimous support of the Board of Selectrnen. Paxn Hoffman reported the unanimous support of the Appropriation Committee. 10:03 p.m. School Finance Director Mary Ellen Dunn responded to questions on unpaid bills. 10:Q6 p.m. Following an uncertain voice vote the Moderator called for a standing vote,tallied as follows: Pct1 Pct2 Pct2 Pct4 Pct5 Pct6 - Pct7 Pct8 Pct9 AL TOTAL YES 14 10 16 15 19 14 12 11 18 13 142 NO 0 0 0 0 0 2 0 1 1 0 4 With 142 voting in the affirmative and 4 in the negative,with more than the necessary four-fifths vote �� required,the Moderator declared the Motion Adopted. 10:09 p.m. Alan Levine served notice of reconsideration on Article 41. 10:09 p.m. Presented by.Selectman Norman Cohen. ARTICLE 42: AMEND FY2007 OPERATING BUDGET MOTION: That the following amounts be appropriated to the following line items for the current fiscal year's budget as approved under Article 17 of the 2006 Annual Town Meeting and subsequently amended under.Article 2 of the 2006 Special Town Meeting#1 and that said amounts be transferred from the following sources: Line-Item From To " x � � I 100 Lexington Public Schools $ 63,419,500 $ 63,941,058 �, 'µ ��; 2130 Group Insurance $ 18,160,485 $ 17,994,416 `°� • 2140 Unemployment $ 122,800 $ 92,800 V "f �� 2150 Workers Compensation $ 190,000 $ 220,000 :r �:�� 2210 Payment on Funded Debt $ 2,837,006 $ 2,875,006 ,. �t � h 2220 Interest on Funded Debt $ 634,097 $ 546,097 � � r s,�; ° 2230 TemporaryBorrowing $ 248,958 $ 298,958_ � � �;N � � 2310 Reserve Fund $ 400;000 $ 391,480 ' ��i 5100 Library Personal Services $ 1,563,305 $ 1,538,305 � a� �'�� 7100 Comm.Devel.Personal Services $ 738,714 $ 687,714 7100 Comm.Devel.Expenses $ 60,019 $ . 86,0�9 ��. . 7300 Economic Devel.Personal Services $ 95,199 $ 45,199 ? �'�� j 7300 Economic Devel.Expenses $ 69,643 $ 109,643 �� #��! 8120 Legal � $ 350,000� $ 310,000 �°�:-��'�.��"� 8210-8220 Town Manager Personai Services $ 470,542 $ 445,542 � ��0'� 8210-8220 Town Manager Expenses $ 156,067 $ 196,067 ' k � 8600 NIIS Personal Services $ 180,471 $ 101;471 4 � �e- 8600 MIS Expenses $ 279,050 $ 305,550 x �� ,� , � . and further that$209,469 be appropriated from the Unreserved Fund Balance. Norman Cohen reviewed requested action. . 10:16 p.m. Alan Levine served notice of reconsideration on Article 40. 10:17 p.m. Deborah Brown reported support(8-0-1)ofthe Appropriation Committee. 10:24 p.m. School Committee Chairman Thomas Diaz responded to questions of Patrick Mehr, pr3,concerning tracking funded positions. � 10:29.p.m. Jane Pagett,pr.6,moved the following Resolution amendment to Article 42: � AMENDMENT: Resolved that,for the next three years,the School Committee andlor � administration provide certain quarterly acival-to=budget financial data pertaining to � Lexington Public Schools. These data will be available to all Town Meeting representatives '-- on the school web site and will include the following: quarterly f nancial report by line item; FTE count; SPE�variances from budget;Energy consumption and cost;Facilities maintenance expenditures 10:29 p.m. Jeanne Krieger reported the support of the Board of Selectmen for this non-binding resolution. Selectman Norman Cohen commented on the school department's bottom-line budget approved by town meeting. School Committee Chairman Thomas Diaz reported the unanimous endorsement of the School Committee. 10:36 p.m. Deborah Brown reported the unanimous support of the Appropriation Committee. 10:3 8 p.m. Alan Lazarus,pr.6, spoke in opposition. 10:41 p.m. Amendment Adopted. 418 Adjourned Session of the 2007 Annual Town Meeting—May 2, 2007 10:42 p.m. The Moderator declared a recess. 10:55 p.m. Adam Sacks,pr.2,moved the following amendment: AMEND.MENT: Article 42, item 7300,be amended to add the follawing: That 30%of the$40,000 proposed be allocated to consulting services&public education to support small local business development. 10:56 p.m: Mr. Sacks explained requested action. 10:59 p.m. � Jeanne Krieger reported the unanimous opposition of the Boaxd of Selectmen. Deborah Brown reported the unanimous opposition of the Appropriation Committee. Mollie Garberg, co-chair of the Vision 2020 Econoxxiic Development Task Force Committee spoke on the activities of the task force. 11:01 p.m. Sheldon Spector moved the Question. Motion Adopted. 1.1:02 p.m. Amendment Not Adopted. � 1 i:03 p.m. Loren Wood,pr3,questioned the consequences of defeat of the main motion. Town Manager Carl Valente responded. Thomas Diaz explained the consequences for school operations. Superintendent Paul Ash further explained potential consequences for school operations. 11:08 p.m. John Hayward,pr.5,called the Question. Motion Adopted. 11:09 pm. Article 42 Motion Adopted Unanimously. 11:09 p.m. Dawn McKenna,pr.6, explained her intent to move reconsideration of Article 15 and outlined reasons for such action. 11:14 p.m. Dawn McKenna,pr.6,moved reconsideration of Article 15. 11:17 p.m. Historic Commission member Marilyn Fenollosa,pr.5, spoke against reconsideration. 11:19 p.m. Jeanne Krieger reported a majority of the Board of Selectmen opposes reconsideration. 11:22 p.m. Wendy Manz reported the Planning Board's opposition to reconsideration. 11:23 p.m. Carolyn Tiffany,pr.8, spoke on the need to address some of the issues. 11:24 p.m. Peter Kelley spoka in support of reco.nsideration. 11:25 p.m. Deborah Strod,pr.6, called the Question. Motion Adopted. ° 11:26 p.m. Dawn McKenna,pr.6,reviewed her reasons and intended action if reconsideration should prevaiL r� 11:28 p.m. Motion Not Adopted. , � � 11:28 p.m. Presented by Selectman Jeanne Krieger. ARTICLE 44: USE OF FUNDS TO REDUCE THE TAX RATE MOTION: That this article be indefmitely postponed. 1128 p.m. Motion Adopted Unanimously. 11:29 p.m. Jeanne Krieger MOVED the 2007 Annual Town Meeting be Dissolved. Motion Adopted Unanimously. A true copy. Attest: ��J�'��'�'� t Donna 1VI.Hooper � �—, l � _-- - __ _ -- _ __._ _ _ f _ _ WARRANT FOR SPECIAL ELECTION— SEE WARRANT FILE � � � � ) TUESDAY, JUNE 5, 2007 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town on Tuesday, June 5, 2007 at 7:00 a.m. The following places were designated as the voting places for the various precincts: Precinct One, Cary Memorial Building; Precinct Two, Bowman School; Precinct Three, Jonas Clarke Middle School; Precinct Four, Brid,ge School; Precinct Five, Cary Memorial Building; Precinct Six, William Diamond Middle School; Precinct Seven, Joseph Estabrook School; Precinct Eight, Central Fire Station; Precinct Nine, Maria Hastings School The election officers and Wardens of the nine precincts were assigned for duty as follows: '— � `1 Precinct 1: Warden: Richard Pemberton [U]; Clerk: Barry Sampson (U]; 4nspectors: Richard Spillane [U], Edwina Spillane [U], Jeanette Cerulli [D], Eileen McAlduff[D], Doris Pemberton [U], Margaret Kelly [U], William Barrett [R], �" Jean Barrett[R], C.Jean Coates[U]. Precinct 2: Warden: Rebecca Fagan [D]; Clerk: Susanne Hays [UJ; Inspectors: Arline Burns[D], Dorothy Bond [U], Lillian MacArthur [U], Dorothy Zamborowski [D], .Robert Warshawer (D], Richard Eaton [U] Margaret Freeman [U], Charles Freeman[R],Joseph Pato[D],Margaret Quellette[D�,Ruth Thomas[D]. Rrecinct 3: Co-Warden: Shirley Frawley[D],Arthur Katz(D]; Clerk:Ann Webster[U]; Inspectors: Robert Tracey[D], Lillian Drury [UJ, Anthony Sacco [U], William Frawley [D], Elizabeth McLaughlin [D], Laura Welby [U], Francine Edwards[D],M.Elinor Greenway[D],Mary Connor[D]. Precinct 4: Warden: Gulli Kula [D]; Clerk: Robert W. Bennett [U]; Inspectors: Beverly Aker [Uj, Eleanor Smith [U], Evangeline Puopolo[U],Gloria Curran[U],John Yanakis[U],Samuel Berman[D],Darlene Adams[D]. Precinct 5: Warden: Eric Kula [D]; Clerk: Bemice Gerrig [U]; Inspectors: D: Peter Lund [R], E. Ashley Rooney [D], . Raymond Massey [D], Donna Keane [U], Mary Tashiian [U], Edgar Knudson [D], Anne 0'Neill [U], Timothy John Quinlan(R],Edward DuBois[R],Linda Cohen[U],Joyce Defandorf[U],John Defandorf[U]. � Precinct 6: Warden: Dorothy Boggia [R]; Co-Clerks: Harriet Morrison [U], Charles Price [U]; Inspectors: Hazel Graham [D], Shirley Bullock[Rj,Alla Fedus [U], Burton Smith (R], Barbara Daley[D], Leora Tec[D], Barbara Sandler [U],Mary Ellen Turner[D],Susan Solomon[U],L.Susan Conway[U], Precinct 7: Warden:Alice Pierce [D]; Clerk: Margaret Bradley[D]; Inspectors: Mary Ayvasian [D], Mabel Amar[D], Isabelle Bennett [R], Nancy Hubert (D], Charlotte Ford [D], William Johansen [DJ, Susan Johansen [D], Marilyn Campbell[D],Alfred Fine[D],Renee Fine[D]. � Precinct 8: Co-Warden: Marie Hill [UJ, Leo Chudigian [Ul; Co-Clerk: Judith Chudigian [U], Barbara Perrotta [D]; Inspectors: Elinor Bettencourt[R],John Ayvazian[Q],Ann Diamond[U],Salvatore Casella[D],Anthony Montagna[U]. Precinct 9: Warden: Shirley Ament-Bergey (U]; Clerk: Renee Reynolds [D]; Inspectors: Edith Paster (D], Robert Ryan [D], Elizabeth Weiss [U], Anne Taylor[U], Clark Schuler[U], Judith Schuler EUJ, Harry Farrington [U], Gertrude d Cullinane[U], Ephraim Weiss[D],Carol Flynn[U]. � The election officers were sworn to the faithful perFormance of their duties. The polls j� were declared open in each precinct at seven o'clock A.M. and remained open until eight o'clock P.M., at which time, after due notice, the polls were declared closed. Total of 20,054 registered voters eligible to vote as of May 16,2007: PCT Registered Democrat Republican Unenrolled Other* - Voters 1 2020 778 252 983 7 2 2367 1054 236 1063 14 3 2088 8.15 264 1005 4 4 2341 1010 248 1069 14 5 2240 875 320 ' 1040 5 6 2313 978 343 981 11 7 2325 934 269 1112 10 8 2174 855 273 1034 12 9 2186 794 247 1138 7 � Total 20054 8093 2452 9425 84 'Political Designations include: American Independent, Conservative, Green Party USA, Interdependent 3`a Party, Reform, Socialist, and Time Sizing Not Downsizing. Election results were delive�ed to the Town Clerk at the Town Office Building. 11,808 of the registered voters cast their vote. The Town Clerk canvassed results as follows: ABSENTEE BALLOT BREAKDOWN �allots Rejected/ Pct Applications Not Returned/Late Ballots — Processed or Undeliverable Counted 1 61 3 58 2 61 2 b9 3 77 5 72 4 87 1 86 5 59 3 56 6 81 4 77 . 7 74 4 70 8 54 1 53 9 56 1 55 Totals 610 24 586 4 2 o June S, 2007 Special Election, cont.... Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL Total Registered Voters 2020 2367 2088 2341 2240 2313 2325 2174 2186 20054 TotalVotes . 1056 1452 1080 1453 1293 1455. 1370 1392 1257 11808 Percent 52% 61% 52% 62% 58% 63% 59% 64% 58% 59% QUESTION 1 � Shall the Town of Lexington be allowed to assess an additional $3,981,589 in real estate and r_ personal property taxes for the purpose of funding the operating budget of the public schools, for the fiscal year beginning July first, two thousand and seven? ' Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL YES 468 837 595 889 648 802 742 791 619 6391 NO 585 611 483 564 645 650 626 600 636 5400 BLANKS 3 4 2 0 0 3 2 1 2 17 QUESTION 2 Shall the Town of Lexington be allowed to exempt from the provisions of Proposition two and one-half, so called, the amount required to pay for the bond issued in order to design, engineer, construct and equip a new Department of Public Works (DPV� operations facility at � 201 Bedford Street? Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct6 Pct 7 Pct 8 Pct 9 TOTAL ` YES 457 807 589 830 594 774 654 732 576 6013 NO 592 632 483 608 687 670 696 649 667 5684 BLANKS 7 13 8 15 12 11 20 11 14 111 A true copy. Attest: �'�` Donna M. Hooper, To n Clerk Ale��andro A. Alessandrini, 488. Massachusetts Avenue, removed as a Town Meeting Member f�om Precinct 2 effective September 28, 2007 (to 32 Slocum Rd) . The vacancy caused by the removal of Mr. Alessandrini (exp. 2010) will appear on the March 2008 Annual Town Election ballot. Robert H. Copp, 95 Bridge Street, removed as a Town.Meeting Member from Precinct 3 effective November 1, 2007: The vacancy caused by the removal of Mr. Copp (exp. 2009) will appear on the March 2008 Annual Town Election ballot. Ann S. Redmon, 7 Maple Street, removed as a Town Meeting Member from Precinct 1 effective December 11, 2007. The vacancy caused by the removal of Ms. Redmon � (exp. 2009) will appear on the March 2008 Annual Town Election ballot. .__.a Jed N. Snyder, 482 Lowell Street, removed as a Town Meeting Member from Precinct 5 effective December 15, 2007. The vacancy caused by the removal of Mr. Snyder (exp. 2009) will appear on the March 2008 Annual Town Election ballot. _ __ . _. __ _ _____ _. I _. _._ _. _ _ __ . _ _ _ _ __ __ _ __ _ _ � 2007 SPECIAL TOWN MEETING ��/ October 10,2007 7�,�� (See Warrant File for W�rrant) The Special Town Meeting of October 10, 2007 was called to order by Moderator Maxgery M. Battin, at 7:30 p.m. at the Cary Memorial Building, 1605 Massachusetts Avenue. A quorum of 157 members was present. A moment of silence was held in honor of former Town Meeting Member Marshall Derby. Town Clerk Donna M. Hooper read the Warrant for the Meeting until waived. The Town Clerk � i read the Constable's Return of the Warrant. The Moderator reviewed procedural matters. °� � __ ' 7:38 p.m. The Moderator declared the meeting open under Article 1, and would be so during the duration of the meeting. ARTICLE 1: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES 7:38 p.m. Selectman Jeanne Krieger moved the report of the Board of Selectmen on the schedule for the evening be Accepted &Placed on File. Mrs. Krieger explained plans for postponement of Article 2 until October 17, 2007. Motion Adopted. 7:40 p.m. Chairman Alan Levine moved the Report of the Appropriation Committee be Accepted&Placed on File. Motion Unanimously Adopted. ARTICLE 2: APPROVE TIF AGREEMENT(S) Selectman Jeanne Krieger moved Article 2 be takem up at 7:30 p.m., Wednesday, October 17, 2007. Motion Unanimously Adopted. Town Manager Carl Valente Explained the additional time needed before discussion of the Shire TIF Agreement. 7:43 p.m. Presented by Selectman Norman Cohen. � ARTICLE 3: AMEND FY2008 OPERATING BUDGET � ' MOTION: (a) That the appropriations authorized under Article 21 of the 2007 "`�"� Annual Town Meeting be amended as follows: . Line Program From �To Item 2310 Reserve Fund � $450,000 $468,898 8500 Town Clerk Personal Services $246,101 $271,101 8500 Town Clerk Expenses $90,759 $115,759 And to meet this appropriation$69,898 be raised in the tax levy. (b) Further, that$100,000 be appropriated to reduce the tax levy for the fiscal year beginning July 1, 2007, and that such amount be transferred from Overlay Surplus. Selectman Norman Cohen explained requested action in parts a&b. 7:46 p.m. Richar•d Eurich reported the unanimous support of the Appropriation Committee. *Motion Amended—see 8:19 m. reconsideration motion. Motion Unanimously Adopted.* p� � 7:46 p.m. Presented by Selectman Norman Cohen. ;�^ ARTICLE 4: AMEND FY2008 ENTERPRISE FUND BUDGETS �� MOTION: That the following appropriations authorized under Article 22 of �-- the 2007 Annual Town Meeting be amended as follows: (a) That the appropriation to operate the Water Division of the Department of Public Works during fiscal year 2008 under the provisions of M.G:L. chapter 44, section 53F1/2 be changed from$4,435,739 to $4,117,775 by amending the following line item(s): From To MWRA Assessment $4,435,739 $4,117,775 Debt Service $490,833 $504,246 �� October 10, 2007 Special Town Meeting, cont... Article 4, cont.... • And that the total appropriation, as amended, shall be funded with $362,570 of Water Enterprise Fund retained earnings with the remainder to be funded with water receipts. (b) That the appropriation to operate the Wastewater Division of the Department of Public Works during fiscal year 2008 under the provisions of M.G.L. chapter 44, section 53F1/2 be changed from $6,197,216 to $5,630,863 by amending the following line item(s): From To MWRA Assessment $6,197,21b $5,630,863 � i� Debt Service $473,256 $ 482,424 y� � And that the total appropriation, as amended, shall be funded with wastewater receipts. 7:46 p.m. Selectman Norman Cohen reviewed requested action under Article 4. 7:47 p.m. Alan Levine served Notice of Reconsideration on Article 3. 7:47 p.m. John Bartenstein, pr.l, reported unanimous support of the Appropriation Committee for Article 4. 7:48 p.m. Motion Unanimously Adopted. � 7:48 p.m. Presented by Patrick Mehr,pr.3. ARTICLE 5: MUNICIPAL ELECTRiC UTILITIES MOTION: That the following resolution be adopted: RESOLVED That the Lexington Town Meeting: supports passage of Bill H3319; � asks the Lexington Selectmen and representatives in the Great and General Court r-� � � to support passage of Bill H3319, and that a report on its status be offered at the ! a 2008 annual Town Meeting; -..�.-.._ requests the Town Clerk to transmit this resolution to each of Lexington's representatives in the Great and General Court, to the Governor,the Lieutenant Governor, the Commonwealth's Undersecretary of Energy, and the House and Senate Chairs of the Legislature's Joint Committee on Telecommunications, Utilities and Energy. 7:48 p.m. Patrick Mehr summarized requested action. 8:02 p.m. Alan Levine,pr.8, served Notice of Reconsideration of Article 4. 8:03 p.m. Representative Jay Kaufinan spoke on House Bill #3319. 8:06 p.m. Hank Manz reported unanimous support of the Board of Selectmen. 8:06 p.m. Eric Michelson reported the unanimous s�pport of the Appropriation Committee. 8:07 p.m. Members spoke in support and questioned comparisons of charges between providers. Mr. Mehr responded. 8:12 p.m. Town Counsel William Lahey responded to questions regarding utility pole leases. Representative Jay Kaufman addressed provisions of the proposed bill. . __ 8:16 p.m. Town Manager Carl Valente and article sponsor Patrick Mehr responded to � questions on the value of private utility company equipment, taxes collected, and provisions in the bill for payments in lieu of taxes. 8:19 p.m. John Hayward, pr.5, moved the question. Motion Adopted. 8:19 p.m. Following a voice vote on the Motion under Article 5, the Moderator declared the Motion Adopted. 8:19 p.m. Alan Levine Moved Reconsideration of Article 3. Mr. Levine explained the purpose for Reconsideration and plans to amend the motion to correct error identified. Motion for Reconsideration of Article 3 Adopted. _ _ _ ___ _ _ � _ _ _--_ __ _ _ _ _ _ _ _ _ _ __ __— _ __ _ _ 423 October 10, 2007 Special Town Meeting, cont... 8:21 p.m. Alan Levine, Appropriation Committee,moved Article 3 be.amended as follows: ARTICLE 3 AIVIENDlYIENT: Item 2310 be changed from `$468,898' to`$469,868' and `$69,898 be raised in the tax levy' be changed to `$69,868 be raised in the fax levy' 8:22 p.m. Motion to Amend Adopted Unanimously. Article 3 Main Motion as Amended—Adopted Unanimously. r-- 8:22 p.m. Selectman Jeanne Krieger moved the meeting be adjourned unti17:30 p.m., ' Wednesday, October 17, 2007, Cary Memorial Building. �., Motion Unanimously Adopted. A true copy. . Attest: f}��'h�� Do a M. Hooper, T Clerk Adjourned Session of the 2007 Special Town Meeting October 17,2007 The Moderator called the second session of the October 10, 2007 Special Town Meeting to order at 7:30 p.m. at the Cary Memorial Buildirig. A quorum of 157 members was present. The Moderator reviewed procedural matters. Edmund Grant, pr.8,�went on record he will abstain from voting on Article 2. 7:33 p.m. Presented by Selectman Jeanne Krieger. ARTICLE 2: APPROVE TIF AGREEMENT(S) MOTION: That the Town: (a) approve the fundamental terms and condition�, including but not limited to the tax exemption schedules contained therein, of the . Tax Increment Financing ("TIF") Agreement executed by the Board of Selectmen, � ' Shire Human Genetic Therapies, Inc ("Shire") and Patriot Partners Lexington, �-- LLC ("Patriot Partners") and dated October 17, 2007 ("TIF Agreement"); (b) confirm the Board of Selectmen's designation of the location of the Patriot Way Economic Opportunity Area; (c) approve the Tax Increment Financing Plan dated October 16, 2007, and authorize the Selectmen to make minor madifications to these documents prior to submission to the Massachusetts Economic Assistance Coordinating Council ("EACC"); (d) authorize the Board of Selectmen to execute any other documents related to and consistent with the TIF Agreement and submit such documents to the EACC; and(e) authorize the Board of Selectmen to take action to enforce or terminate the TIF Agreemenf, including requesting that EACC decertify the TIF Plan, in the event that Shire andlor Patriot Partners fail to substantially comply with the TIF Agreement as determined by the Board of Selectmen. . 7:35 p.m. Mr. William Ciambrone, Sr. Vice Presid�nt Technical Operations for Shire HGT Pharmaceuticals, spoke on the Shire proposal and opportunity before the meeting. 7:43 p.m. Shire representative Daniel Ostien further explained the proposed TIF [Tax Increment Financing]. 7:50 p.m. William Ciambrone further summarized benefits of the proposal. 7:51 p.m. Representative Jay Kaufman spoke in support of the proposal. Greg Bialecki,Assistant Secretary and General Counsel of the Executive Office ' of Housing and Economic Development, Commonwealth of Massachusetts, spoke in support and of the importance of this project for the Commonwealth and Lexington. Representative Jay Kaufman spoke on the priority of the life sciences bill before the legislature. 8:01 p.m. Town Manager Carl Valente summarized and identified document handouts. 8:02 p.m. Selectman Jeanne Krieger summarized procedures followed for the Shire TIF and reported the Boaxd of Selectmen's belief the proposal before the meeting is the minimum proposal necessary to attract Shire to Lexington. Selectman Krieger 4 2 4 October 1� 2007 Adjourned Session of the October 10, 2007 Special Town Meeting, cont... �' recognized the work of all involved,the value of the proposal to Lexington, and the unanimous support of the Board of Seiectmen. 8:31 p.m. Alan Levine, pr.8, moved the Addendum to the Report of the Appropriation Committee to the October 10, 2007 Special Town Meeting be Accepted & Placed on File. Mr. Levine reviewed the Addendum. Motion Unanimously Adopted. 8:45 p.m. Shirley Stolz, pr.8, reported the support of the Capital Expenditures Committee 8:40 p.m. Charles Hornig, pr.8, Planning Board Chairman, reported the approval of the Planning Board on the development proposed by Shire, the Planning Board recommendation Town Meeting approve the Motion and TIF agreement, and the �—� Planning Board view the proposal presents a major opportunity for Lexington. � 8:49 p.m. Mollie Garberg, Co-Chair, Economic Development Task Force, suminarized discussions of the Task Force. Ms. Garberg reported the support of the Task Force, with a vote of 10 in favor and 1 abstaining. 8:51 p.m. Thomas Griffiths reported the unanimous support of the School Committee. 8:53 p.m. Deborah Brown, Appropriation Committee, and Town Manger Carl Valente responded to questions posed by David Kanter, Capital Expenditures Committee. 8:57 p.m. Discussion continued on mitigation of residential tax increases, potential housing demands, Marrett Rd/Spring St&Marrett Rd/Waltham St intersection roadway improvements. 9:05 p.m. Selectman Norman Cohen, Chair of the Board of Trustees of the Cary Memorial Library, responded to questions on the proposed $250,000 total contribution to the Cary Library. 9:05 p.m. Margaret Bradley, pr.8, reported the support of the League of Women Voters. 9:08 p.m. Mary Jo Bohart, Executive Director, reported the support of the Lexington Chamber of Commerce. Discussion continued, with members questioning job creation, potential impact on the Lexington school system,potential designated economic taxget area, and � ' financing issues should Shire not proceed with proposed location of manufacturing operations in Lexington. Town Manager Carl Valente and Appropriation Committee member Deborah Brown responded to questions. � 9:25 p.m. Greg Bialecki, Assistant Secretary, Executive Office of Housing and Economic Development,responded to questions regarding the amount of TIF proposed by Lexington and interest of the Commonwealth. 9:26 p.m. Town Meeting Members and residents from the aud�ience continued to speak in support. 9:32 p.m. Robert Addelson, Assistant Town Manager for Finance, responded to questions regarding tax assessment differences in buildings due to building usage. 9:36 p.m. Town Meeting Members and residents fr�om the audience continued to speak in support. 9:37 p.m. Joel Adler,pr.l, moved the Question. Motion Adopted �,�.� 9:38 p.m. Following a voice vote on the Motion of Article�, for which a majority vote is required, the Moderator declared the Motion Adopted. 9:38 p.m. Selectman Jeanne Krieger moved the Special Town Meeting be dissolved. Motion Adopted. A true copy. ttest: Donna M. Hooper, To Clerk ' _._._ . _ - ---_ __ __ � __ __. __ _ _ _ _. _ _ ___. . _ . _____ 425 (Warrant for Special State Primary—See WARRANT FILE) � � SPECIAL STATE PRIMARY— 4�h Middlesex Senate District (Precincts 1,2,4,5,6,7) TUESDAY,NOVEMBER 13,2007 � In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Tuesday,November 13, 2007 at 7:00 a.m. The following places were designated as the voting places for the various precincts: Precinct One, Cary Memorial Building; Precinct Two, Bowman School; Precinct Four, Bridge School; Precinct Five, Cary Memorial Building; Precinct Six,Diamond Middle School; Precinct Seven,Estabrook School. . The election officers and Wardens of the various precincts were assigned for duty as follows: Precinct 1: Warden: Richard Pemberton [U]; Clerk: Barry Sampson [U]; Inspectors: Margaret Kelly [U], Jeannette Cerulli [D], Richard Spillane [U],Josephine Bailey [U], Edwina Spillane [U], Doris Pemberton [U], William J. Barrett[R], Salvatore Casella[D],Dorothy Gauthier[R]. Precinct 2: Warden: Rebecca Fagan [D]; Clerk: Susanne Hays [U]; Inspectors: Arline Burns [D], Dorothy Bolduc [U], Margaret Ouellette [D],Dorothy Bond [U], Dorothy Zaborowski [D],Ann Diamond [U], Richard Eaton [U],Charles Freeman [R],Margaret Freeman [U], Lillian MacArthur[U]. � Precinet 4: Warden: Gulli Kula [D]; Clerk: Robert W. Bennett [UJ; Inspectors: Dana Regillo [R], Eleanor Smith [U], Beverly F.Aker [U], John Yanalcis [U],Anne Mary Dunn [U], Elizabeth McLaughlin [D], Gloria Curran [U],Evangeline Puopolo [U],Robert Ryan[D]. Precinet_5: Warden:Eric Kula[D];Clerk:Bernice Gerrig[U];Inspectors: Donna M. Keane [UJ, Linda Cohen [U], Raymond Massey [D], Anne O'Neill [U], Gloria Holland [U]; Mary Tashjian [UJ, T. John Quinlan [R], � Edward DuBois [R],Julie Ann Miller[U]. Precinct 6: Warden: Dorothy Boggia [R]; Clerk: Ann Webster [U]; Hazel Graham [D], Charles Price [U], William Simmons [R], Alla Fedus[UJ, Burton Smith [R], Francine C. Edwards [D], Susan Solomon [U], Catherine Rego [D]. Precinet 7: Warden: Alice M. Pierce [D]; Clerk: Margaret Bradley [D]; Inspectors: Mary Ayvazian [D], Isabelle Bennett [R], Susan L. Johansen [D], William H. Johansen[D], Charlotte Ford [D],Marilyn Campbell [D], Mabel Amar[D],Nancy Hubert[D],Mary Burnell [U]. . The election officers were sworn to the faithful performance of their duties. The polls were declared open in each precinct at seven o'clock A.M. and remained open until eight o'clock P.M., at which time,after due notice,the polls were declared closed. � � . The total number of registered voters eligible to vote as of October 24,2007 is as follows: Registered Voters � Precinct Registered Democrat Green- Working Republican Unenrolled Voters Rainbow Families 1 2017 773 2 0 239 999 2 2368 1044 10 0 238 1072 4 2332 1016 5 0 240 1063 5 2248 875 3 0 315 1053 6 2312 979 0 0 337 987 7 2312 935 2 0 262 1105 Totals 13589 5622 22 0 1631 6279 Recap sheets were delivered to the Town Clerk at the Town Office Building. 17% of the registered voters cast their vote. The Town Cierk canvassed the results: Votes By Precinct Precinct Democrat Green- Republican Working Total Voted Rainbow Families 1 291 0 23 0 314 2 445 0 16 0 461 4 365 0 15 0 380 5 291 0 28 0 319 6 385 0 30 0 415 � 7 365 0 17 0 382 Totals 2142 0 129 0 2271 Absentee Ballots Precinct Applications Ballots Timely Processed Returned and Counted 1 16 10 2 14 7 4 18 13 5 15 10 6 21 17 7 11 5 Total 95 62 4 2 6 Special State Primary—4'h Middlesex Senate—November 13, 2007-Election Results continued... Republican Party Pct i Pct 2 Pct 4 Pct 5 Pct 6 Pct 7 TOTAL Total Registered Voters 2017 2368 2332 2248 2312 2312 13589 Total Registered Republicans 239 238 240 315 337 262 1631 Total Votes 23 16 15 28 30 17 129 Percent(Votes/Party) .096 .067 .0625 .088 .089 .064 .079 SENATOR IN GENERAL COURT—Fourth District(1,2,4,5,6,7) BRION 1VI. CANGIAMILA 21 l2 14 25 26 15 113 • Ken Donnelly 2 0 1 2 2 0 7 Jim Marzilli 0 2 0 1 2 0 5 �—� ALL OTHERS 0 0 0 0 0 2 2 BLANKS 0 2 0 0 0 0 2 � Democratic Party . Pct 1 Pct 2 Pct 4 Pct 5 Pct 6 Pct 7 TOTAL Total Registered Voters 2017 2368 , 2332 2248 2312 2312 13589 Total Registered Democrats 826 1076 949 890 1032 941 8201 Total Votes 291 445 365 291 385 365 2142 Percent(Votes/Party) 352 .413 .384 326 .372 .387 .261 SENATOR IN GENERAL COURT—Fourth District(1,2,4,5,6,7) KENNETH J.DONNELLY 72 80 50 65 44 56 367 JIM MARZILLI 174 332 292 203 288 269 1558 CHARLES A.MURPHY 6 16 10 6 12 19 69 PATRICK NATALE 39 15 11 16 40 21 142 ALL OTHERS 0 1 1 0 0 0 2 BLANKS 0 1 1 1 1 0 4 Green-Rainbow Party Pct 1 Pct 2 Pct 4 Pct 5 Pct 6 Pct 7 TOTAL Total Registered Voters 2017 2368 2332 2248 2312 2312 13589 Total.Registered Green-Rainbow 2 l0 5 3 0 2 22 --� Total Votes 0 0 0 0 0 0 0 Percent(Votes/Party) .0 .0 .0 .0 .0 .0 .0 � SENATOR IN GENERAL COURT—Fourth District(1,2,4,5,6,7) � ALL OTHERS 0 0 0 0 0 0 0 BLANKS 0 0 0 0 0 0 0 Working Families Party Pct 1 Pct 2 Pct 4 Pct 5 Pct 6 Pct 7 TOTAL Total Registered Voters 2017 2368 2332 2248 2312 2312 13589 Total Registered Working Families 0 0 0 0 0 0 0 Total Votes 0 0 0 0 0 0 0 Percent(Votes/Party) .0 .0 .0 .0 .0 .0 .0 SENATOR IN GENERAL COURT—Fourth District(1,2,4,5,6,7) ALL OTHERS 0 0 0 0 0 0 0 BLANKS 0 0 0 0 0 0 0 � �, � x S A true copy. � Attest: ;`�� Donn M.Hooper,Town Clerk i � �� _ _ __ __ __--__ _ _._ ___ _ __ _ _ _ � ___ __ _ _ _ _ _ _ _ _ _ . 427 (Warrant for Special State Primary—See WARRANT FILE) SPECIAL STATE ELECTION— TUESDAY,DECEMBER 11,2007 4th Middlesex Senate District(Precincts 1,2,4,5,6,'� In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Tuesday,December 11,2007 at 7:00 a.m. The following places were designated as the voting places for the various precincts: Precinct One, Caty Memorial Building; Precinct Two, Bowman School; Precinct Four, Bridge School; Precinct Five, Cary Memorial Building; Precinct Six,Diamond Middle School;Precinct Seven,Estabrook School. The election officers and Wardens of the various precincts were assigned for duty as follows: Precinct 1: Warden: Richard Pemberton[U];Clerk:Barry Sampson[U];Inspectors:Margaret Kelly[U],Jeannette '-` Cerulli [D], Richard Spillane [U], Edwina Spillane [U], Doris Pemberton [U], William J. Barrett [R], Jean Barrett LR]• Precinct 2: Warden: Rebecca Fagan [D]; Clerk: Susanne Hays [U]; Inspectors: Arline Burns [D], Dorothy Bond [U], Ann Diamond [iJ], Lillian MacArthur [U], L. Susan Conway [U], Elizabeth McLaughlin [D], Anthony Montagna[LJ],Joseph Pato[D],Mary Ellen Turner[D],Robert Warshawer[CT]. Precinct 4: Warden: Gulli Kula [D]; Clerk: Marie E. Hill [U]; Inspectors: Dana Regillo [R], Eleanor Smith [U], . Beverly F.Aker[U],John Yanakis [LJ],Gloria Curran[U],Evangeline Puopolo [U],Dorothy Bolduc [LT},Francine Edwards[D]. Precinct 5: Warden:Eric Kula[D];Clerk:Bernice Gerrig[U];Inspectors:Linda Cohen[U],Raymond Massey[D], Anne O'Neill [U],Mary Tashjian [U], T. John Quinlan [R], Edward DuBois [R], Anne Mary Dunn [IJ], Su-Chuan Lee[D],D.Peter Lund[R],John Ayvazian[D]. Precinct 6: Warden:Dorothy Boggia[R];Clerk:Ann Webster[[J];Hazel Graham[D], Charles Price[U],William Simmons [R], Alla Fedus[U], Burton Smith [R], Catherine Rego [D], Salvafore Casella [D], Robert Edwards [R], Elizabeth Sullivan[D]. Precinct 7: Warden: Alice M. Pierce [D]; Clerk: Margaret Bradley[D]; Inspectors: Mary Ayvazian [D], Isabelle Bennett[R], Susan L.Johansen[D],William H.Johansen[D],Charlotte Ford[D],Mabel Amar[D],Nancy Hubert [D],Mary Burnell[LT],Alfred Fine[D],Renee Fine[D]. The elecrion officers were sworn to the faithful performance of their duties. The polls were declared open in each precinct at seven o'clock A.M. and remained open until eight o'clock P.M.,at which time,after due notice,the polls were declared closed. The total number of registered voters eligible to vote as of November 20,2007 is as follows: � Registered Voters Precinct Registered Democrat Green- Working Unenrolled AllOthers Voters Rainbow Families Republican �' - 1 2022 777 2 0 237 1002 4 2 2367 1042 10 0 238 1073 4 4 2333 1017 5 0 238 1065 8 5 2248 876 3 1 314 1052 2 6 2311 979 0 0 333 990 9 7 2310 930 2 0 263 1108 7 Totals 13591 5621 22 1 1623 6290 34 Recap sheets were delivered to the Town Clerk at the Town Office Building. 12%of the registered voters cast their vote. The Town Clerk canvassed the results: Votes B Precinct Absentee Ballots Applications Ballots Timely Precinct Total Voted Precinct Processed Returned and Counted 1 194 1 18 13 2 352 2 13 8 4 259 4 15 10 5 234 5 21 16 6 329 6 25 21 7 315 7 9 4 Totals 1683 Total 101 72 Total Votes Pct 1 Pct 2 Pct 4 Pct 5 Pct 6 Pct 7 TOTAL Total Registered Voters 2022 2367 2333 2248 2311 2310 13591 � Total Votes 194 352 259 234 329 315 1683 Percent Turnout 10% 15% 11% 10% 14% 14% 12% SENATOR IN GENERAL COURT—Fourth District(1,2,4,5,6,'n BRION M.CANGIAMILA 48 45 57 59 77 66 352 JIM MARZILLI 146 299 196 170 247 243 1301 THOMAS E.FALLON 0 8 6 3 5 6 28 ALL OTHERS 0 0 0 1 0 0 1 BLANKS A 0 ,0 1 0 0 1 . A true copy. Attest: ` D a M.Hooper,Town Clerk 428 (Warrant for Presidential Primary—See WARRANT FILE) PRESIDENTIAL PRIMARY TUESDAY,February 5,2008 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Tuesday,February 5,2008 at 7:00 a.m. The following places were designated as�the voting places for the various precincts: Precinct One, Cary Memorial Building; Precinct Two, Bowman School; Precinct Three, Clarke Middle School; Precinct Four, Bridge School; Precinct Five, Cary 1Vlemorial Building; Precinct Six, Diamond Middle School; Precinct Seven, Estabrook School, Precinct Eight,Fire Headquarters Building;Precinct Nine,Hastings School. The election officers and Wardens of the various precincts were assigned for duty as follows: Precinct 1: Warden: Richard Pemberton [U]; Clerk: Barry E. Sampson [U]; Inspectors: Margaret Kelly [IJ], Ricfiard Spillane [U], Doris Pemberton [U], William J. Barrett [R], Jean Barrett [R], Eileen McAlduff[U], Gloria Holland[U],Edwina Spillane [U]. Precinct 2: Warden: Rebecca Fagan [D]; Clerk: Susanne Hays [U]; Inspectors: Dorothy Bond [LT], Arline Burns [D], Marita Hartshom [D], Lillian MacArthur [U], Dorothy Zaborowski [D], Elizabeth Sullivan [D]; Richard Eaton [U],Margaret Ouellette[D],Mary Ellen Turner[D],Bonnie Bremmer Ramage [U],Robert Hartshorn[D]. Precinct 3: Warden: Shirley R.Frawley[D];Clerk:Faith Fenske[U];Inspectors: Lillian Drury[U],JoAnn Eurich [U],M.Elinor Greenway [D],Elizabeth McLaughlin[D],Anthony Sacco [LT],Basrur Rama Rao [D],Jyoti Rao [D], Samuel Berman[D],William Frawley[D],Virginia Weinberger[D]. Precinct 4: Warden: Gulli Kula[D]; Clerk:Robert W.Bennett[U];Inspectors: Beverly Aker[U],Lynda Laurence [D],Evangeline Puopolo [U],Dana Regillo[U],Eleanor Smith[U],Anne Mary Dunn[U],John Yanakis[U],Gloria Curran[iJ]. Precinct 5: Co-Warden: Eric Kula [D], Marie Hill [U]; Clerk: Bernice Gerrig [iJ]; Inspectors: Linda Cohen [U], Donna M.Keane [U],Raymond Massey [D],T. John Quinlan[R],Josephine Bailey [U],Arthur Katz(D],Francine Edwards [D],Alice Stringos[U],Mary Tashjian[U]. Precinct 6: Warden: Dorothy Boggia [R]; Clerk: Ann S. Webster [TJ]; Charlotte Ford [D], Hazel Graham [D], D. Peter Lund [R], Barbara Simmons [R], William Simmons [R], L. Susan Conway [U], Joseph Fruciano [U], Joann Gschwendtner [U], C. Jean Coates [U], Joseph Pato [D], Charles Price [U], Catherine Rego [D], E. Ashley Rooney[D]. Precinct 7: Warden: Alice M. Pierce [D]; Clerk: Margaret Bradley [D] Inspectors: Mary Ayvazian [D], Isabelle Bennett [R], Nancy Hubert [D], Mabel Amar [D], Anne Conceison [U], Susan Solomon [U], Stacey Cannon [U], Carol Flynn[U],Mary Burnell [U],Charlotte Ford[D];Jane A.Trudeau[D] Precinct S: Warden: Leo Chudigian [U]; Co-Clerks: Judith Chudigian [U], Barbara L. Perrotta [D]; Inspectors: John Ayvazian [D], Elinor Bettencourt [R],Anthony Montagna[U], Ann Diamond [LT], Joyce Defandorf[LJ], John Defandorf[U],Anne O'Neili[iJ], Salvatore Casella[D]. Precinct 9: Warden: Shirley Ament-Bergey[D];Clerk:Renee Reynolds [D];Inspectors: Edith Paster[D],Dorothy Bolduc [U], Carole Butler [U],Angela Marcucci [LJ], Robert Ryan [D], Mary B. Connor [D], Elizabeth Weiss [LJ], \ Francine Stieglitz[D],Judith Schuler[U],Clark Schuler[U], The election officers were sworn to the faithful performance of their duties. The polls were declared open in each precinct at seven o'clock A.M. and remained open until eight dclock P.M., at which time,after due notice,the polls were declared closed. � The total number of registered voters in each precinct eligible to vote as of January 16,2008 is as follows: Registered Voters Precinct Registered Democrat Republican Unenrolled Green Working Other Voters Rainbow Families 1 2061 796 238 1021 2 0 4 2 2390 1044 235 1099 8 0 4 �3 2167 839 276 1044 2 2 4 4 2369 1041 235 1081 4 0 8 5 2277 891 309 1071 3 1 2 6 2349 994 335 1013 0 0 7 7 2353 948 262 1133 3 0 7 8 2237 868 268 1089 6 1 5 9 2207 794 258 1147 2 0 6 Totals 20410 8215 � 2416 9698 30 4 47 Recap sheets were delivered to the Town Clerk at the Town Office Building. 61% of the registered voters cast their vote. The Town Clerk canvassed the results: Votes By Precinct � Precinct Democrat Reaublican Green- Working Total Rainbow Families Voted 1 850 278 1 0 1129 ""` 2 1303 295 6 0 1604 3 998 314 0 0 1312 4 1181 294 1 0 1476 5 1008 286 1 1 1296 6 1091 356 0 0 1447 7 1150 327 1 0 1478 8 1063 324 2 0 1389 9 939 347 1 0 1287 Totals 983 2821 13 1 12418 _ _ ___ _ __ __ _ _ - — - r _ __ __ _ _ __ February 5, 2008 Presidential Primary—Election Results continued... � � `� � Absentee Ballots Precinct Applications Ballots Timely Processed Returned and Counted Registered Specially Registered Specially Voters Qualified Voters Qualified . 1 75 2 63 2 2 98 3 86 3 3 146 5 128 2 � 4 132 1 117 1 5 94 7 82 6 6 126 3 112 3 7 141 0 120 0 8 76 5 67 5 ___ 9 64 1 51 0 Total 952 27 826 22 Republican Party Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL Total Registered Voters 2061 2390 2167 2369 2277 2349 2353 2237 2207 20410 Total Registered Republican 238 235 276 235 309 335 262 268 258 2416 Total Votes 278 295 314 294 286 356 327 324 347 2821 Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL PRESIDENTIAL PREFERENCE JOHN McCAIN 104 133 140 141 102 151 165 147 115 1198 FRED THOMPSON 0 1 1 1 0 0 0 0 0 3 TOM TANCREDO 1 0 0 0 0 0 0 0 0 1 DUNCAN HUNTER 0 0 0 0 0 0 0 0 1 1 MIKE HUCKABEE 10 14 13 11 9 7 8 8 13 90 Mll-f ROMNEY 149 141 146 131 165 191 ` 143 156 199 1421 RON PAUL 11 6 11 7 7 4 10 8 17 81 RUDY GIULIANI 2 0 3 2 0 1 1 2 1 12 Barack Obama 0 0 0 1 0 0 0 0 0 1 � NO PREFERENCE 0 2 0 0 2 1 0 1 1 7 ' � OTHERS 0 0 0 0 0 0 0 1 0 _ : 1 - BLANKS 1 1 0 0 1 1 0 1 0 5 STATE COMMITTEE MAN Fourth Middlesex(1,2,4-7) Pct 1 Pct 2 Pct 4 Pct 5 Pct 6 Pct 7 TOTAL AMOS J. EATON 93 88 86 105 134 112 618 JOHN MacMILLIAN 79 67 83 58 100 83 470 OTHERS 0 0 2 0 0 2 4 BLANKS 106 140 123 123 122 130 744 STATE COMMITfEE MAN Third Middlesex(3,8,9) Pct 3 Pct 8 Pct 9 TOTAL PETER DULCHINOS 147 � � '� ` 139 160 446 OTHERS 1 �� ` 2 2 5 BLANKS 166 183 185 534 STATE COMMITTEE WOMAN Fourth Middlesex(1,2,4-7) Pct 1 Pct 2 Pct 4 Pct 5 Pct 6 Pct 7 TOTAL HELEN A. HATCH 141 136 144 127 208 165 921 OTHERS 2 0 1 0 0 3 6 BLANKS 135 159 149 159 148 159 909 r"--, ' STATE COMMITTEE WOMAN Third Middlesex(3,8,9) I�` Pct 3 Pct 8 Pct 9 TOTAL SANDRA B.�MARTINEZ 152 ,1"��r� '��y !�� ';�'��,� 151 178 481 - OTHERS 1 � , �� 4 0 5 BLANKS 161 169 169 499 TOWN COMMI'iTEE(35) Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL GROUP 11 2 1 8 6 4 3 0 4 39 William A. Barnstead 11 2 1 8 6 4 3 0 4 39 William J. Barrett 12 2 1 8 6 4 3 0 4 40 Thomas Costello 11 2 1 8 6 4 3 0 4 39 � Jeffrey Crampton " 11 2 1 8 6 4 3 0 4 39 �T � o February 5, 2008 Presidential Primary-Election Results continued... Luanna E. Devenis 12 2 1 8 6 4 3 0 5 41 Gordon Guernsey 11 2 1 8 6 4 3 0 4 39 lang Jeon 11 2 1 8 6 4 3 0 4 39 William H. Levison 11 2 1 8 6 4 3 0 6 41 Ann H. Miller 12 2 1 8 6 4 4 0 5 42 Michael Morrisey 11 3 1 8 6 4 3 0 4 40 Denise(O'Connor) Rickets 11 2 1 8 6 4 3 0 5 40 Joseph (Ben) Palmer 12 2 1 8 6 4 3 0 4 40 Aurio J. Pierro 12 2 1 8 6 4 3 0 4 40 Jesse F. Segovia 12 2 1 8 6 4 4 0 5 42 Mary W.Sinek 12 2 1 8 6 4 4 0 5 42 --, William Simmons 13 2 1 8 6 5 3 0 4 42 I Dorris Traficante 13 2 1 8 6 4 4 0 5 43 Mark S.Traficante 12 2 1 8 6 4 3 0 4 40 `�" Michael Vilbert 12 2 1 8 6 4 3 0 4 40 Muriel Ward 12 2 1 8 6 4 3 0 5 41 Charlotte Barnstead 11 2 1 8 6 4 3 0 5 40 Timothy John Quinlan 12 2 1 8 6 4 3 0 4 40 . David M.Wright 11 2 1 8 6 4 3 0 4 39 Jana C. Bennett 11 2 1 8 6 4 3 0 4 39 Carol Looney 11 2 1 8 6 4 3 0 4 39 Miriam A. Giera 11 2 1 8 6 4 3 0 4 39 Merton L.Ward � 11 2 1 8 6 4 3 0 5 40 Jean H. Barrett 12 2 1 8 6 4 3 0 4 40 Haig Sarian 11 2 1 8 6 4 3 0 4 39 Carole D. Sarian 11 2 1 8 6 4 3 0 4 39 Elizabeth Crampton 11 2 1 8 6 4 3 0 4 39 Shirley T. Lane 11 � 2 1 8 6 4 3 0 4 39 Linda B. Fosburg 11 2 1 8 6 4 3 0 4 39 Francis G. Fuery 11 2 1 8 6 4 3 0 4 � 39 Barbara W. Fuery 11 2 1 8 6 4 3 0 4 39 Michael Burns 1 0 0 0 0 0 0 0 0 1 Paul Bergantino 0 0 0 0 1 0 0 0 0 1 �_-� Paul W. Decker, Jr. 0 0 0 0 0 0 1 0 0 1 , Thaddeus P. Kochanski 0 1 0 0 0 0 0 0 '0 1 - j Anita Shine 0 1 0 0 0 0 0 0 0 1 Benjamin Cohen 0 0 0 1 0 0 0 0 0 1 Steven Augart 0 0 0 0 0 0 0 0 1 1 � ALL OTHERS 5 4 7 7 2 1 8 7 3 44 BLANKS 9323102481094810002 979712318113271129811990 97251 Democratic Party Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL Total Reg Voters 2061 2390 2167 2369 2277 2349 2353 2237 2207 20410 Total Registered Democrat 796 1044 839 1041 891 994 948 868 794 8215 Total Votes 850 1303 998 1181 1008 1091 1150 1063 939 9583 Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL PRESIDENTIAL PREFERENCE JOHN R. EDWARDS 8 9 11 19 7 5 11 7 11 88 HILLARY CLINTON 409 561 434 533 479 497 550 503 484 4450 JOSEPH R. BIDEN, JR. 0 8 3 1 5 3 2 1 4 27 CHRISTOPHER J. DODD 1 0 0 1 1 2 0 1 0 6 MIKE GRAVEL 0 1 0 1 3 0 1 2 1 9 BARACK OBAMA 425 716 540 619 504 577 576 537 433 4927 �� DENNIS J. KUCINICH 3 2 6 1 4 2 4 4 2 28 BILL RICHARDSON 1 2 3 1 1 1 3 0 1 13 --� AI Gore 0 0 0 1 1 0 0 1 0 3 John McCain 0 0 0 0 0 0 0 1 0 1 Ron Paul 0 0 0 0 1 0 0 0 0 1 Mitt Romney 0 0 0 1 0 0 0 1 0 2 NO PREFERENCE 3 2 1 2 1 1 3 3 2 18 OTHERS 0 1 0 0 0 0 0 0 1 2 BLANKS 0 1 0 1 1 3 0 2 0 8 _ � __ -_ __ . _ _ _ - _ _ _ _ ------- _ February S, 2008 Presidential Primary—Election Results continued... T �' � STATE COMMITTEE MAN Fourth Middlesex(1,2,4-7) Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL ROBERT D. PETERS 462 693 644 548 589 641 3577 OTHERS 3 2 2 3 1 2 13 BLANKS 385 608 535 457 501 507 2993 STATE COMMITTEE MAN Third Middlesex(3,8,9) Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL RONALD M. CORDES 496 �� ' � g� 516 448 1460 OTHERS 5 1 0 6 �--- BLANKS 497 546 499 1534 STATE COMMITTEE WOMAN Fourth Middlesex(1,2,4-7) � Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL DEBORAH SIROTKIN BUTLER 470 688 631 553 588 624 3554 OTHERS 3 2 3 1 1 0 10 BLANKS 377 613 547 454 502 526 3019 STATE COMMITTEE WOMAN Third Middlesex(3,8,9) Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL JANET M. BEYER � �� '�� 510 � 544 470 1524 � OTHERS 0 0 3 3 BLANKS 488 519 466 1473 TOWN COMMITTEE(35) Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL GROUP 293 466 361 400 345 438 443 343 323 3412 Blanks 557 837 637 781 663 653 707 720 616 6171 THOMAS R. DIAZ 377 647 462 561 475 566 545 462 418 4513 RACHEL S. ROSENBLUM 342 606 425 476 408 515 521 410 � 380 4083 PETER DAVID ENRICH 366 563 428 552 443 531 543 444 378 4248 JUDITH L. PAPPO 331 521 417 452 385 477 483 381 366 3813 JEANNE K. KRIEGER 393 664 522 593 487 592 583 514 451 4799 ROBERT D. PETERS 323 509 385 438 377 466 493 370 345 3706 � ROBERT V. KEARNEY 317 488 381 418 374 462 490 364 342 3636 � M. LORRAINE WEST 317 521 381 423 365 454 462 362 339 3624 CAROLYN H. TIFFANY 320 512 400 446 378 484; 502 442 352 3836 ROBERT M. AVALLONE 318 497 377 426 365 461 457 368 349 3618 PAM HOFFMAN 321 514 390 442 392 481 541 386 350 3817 JAY R. KAUFMAN 482 763 575 691 609 841 712 668 551 5892 BONNIE E. BRODNER 322 560 412 437 380 466 482 376 352 3787 STANLEY N. GRIFFITH 330 536 398 474 383 470 472 374 355 3792 RITA B. GOLDBERG 322 571 395 436 381 468 476 388 362 3799 JOHN J. KRAWCZYK 313 498 388 466 369 464 460 362 353 3673 MICHAEL J. BARRETT 316 490 384 428 374 461 464 388 340 3645 JOHN T. SACKTON 315 556 390 430 376 457 464 360 344 3692 IRENE M. DONDLEY 351 513 385 439 428 468 474 374 340 3772 SUSAN SCHLEIGH FOOTE 336 517 406 459 405 505 517 398 363 3906 JAMES M. SHAW 347 516 414 449 409 481 480 389 367 3852 DEBORAH J. BROWN 331 505 387. 439 379 471 525 379 350 3766 MARIA CONSTANTINIDES 326 511 397 450 381 476 480 409 362 3792 NARAIN D. BHATIA 331 510 401 444 380 473 481 380 369 3769 SAM SILVERMAN 334 528 405 444 413 487 485 386 356 3838 ALESSANDRO A. ALESSANDRINI 328 560 392 454 376 471 475 364 353 3773 ELISABETH R. HATFIELD 319 508 403 439 372 463 471 362 353 3690 SAMUEL BERMAN 326 531 481 454 401 479 486 381 361 3900 � BETSEY WEISS 334 582 411 472 411 489 499 399 367 3964 L _ ANNIE C. McQUILKEN 309 498 382 437 375 468 492 383 344 3688 REGINA S. ROCKEFELLER 315 520 397 489 378 473 474 377 352 3775 MABEL AMAR 312 484 375 423 363 456 489 364 336 3602 REID E. ZURLO 323 505 427 442 379 467 466 376 354 3739 SARAH L. WARREN 314 495 385 430 372 472 469 367 343 3647 MELINDA M. WALKER 324 507 400 439 386 479 502 409 350 3796 BLANKS 18065 26799 20572 25143 21351 20991 22835 23289 20118 199163 4 � � February S, 2008 Presidential Primary—Election Results continued... Green-Rainbow Party Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL Total Registered Voters 2061 2390 2167 2369 2277 2349 2353 2237 2207 20410 Total Registered Green Rainbow 2 8 2 4 3 0 3 6 2 30 Total Votes 1 6 0 1 1 0 1 2 1 13 Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL PRESIDENTIAL PREFERENCE JARED BALL 0 0 0 0 0 0 0 0 0 0 RALPH NADER 0 4 � 0 1 1 0 0 0 1 � 7 ELAINE BROWN 0 0 0 0 0 0 0 0 0 0 : KAT SWIFT 0 0 0 0 0 0 0 0 0 0 � CYNTHIA McKINNEY 0 1 0 0 0 0 0 0 0 1 � KENT MESPLAY 0 0 0 0 0 0 0 0 0 0 NO PREFERENCE 0 1 0 0 0 0 0 0 0 1 Barack Obama 1 0 0 0 0 0 1 1 0 3 ALL OTHERS 0 0 0 0 0 0 0 1 0 1 BLANKS 0 0 0 0 0 0 0 0 0 0 STATE COMMITTEEMAN Fourth.Middlesex(1,2,4-7) Pct 1 Pct 2 Pct 4 Pct 5 Pct 6 Pct 7 TOTAL John Andrews 0 2 0 0 0 0 2 OTHERS 0 0 0 0 0 0 0 BLANK 1 4 1 1 0 1 8 STATE COMMITTEE MAN Third Middlesex(3,8,9) Pct 3 Pct 8 Pct 9 TOTAL r DANIEL MELNECHUK 0 ' � 1 1 2 OTHERS 0 0 0 0 BLANKS 0 1 0 1 STATE COMMITTEEWOMAN Fourth Middlesex(1,2,4-7) Pct 1 Pct 2 Pct 4 Pct 5 Pct 6 Pct 7 TOTAL �} Jill Stein 0 2 0 0 0 0 2 I OTHERS 0 0 0 0 0 0 0 ,_,, BLANKS 1 4 1 1 0 1 8 STATE COMMITTEEWOMAN Third Middlesex(3,8,9) Pct 3 Pct 8 Pct 9 TOTAL ALL OTHERS 0 ��A' y 0 0 0 BLANKS 0 2 1 3 TOWN COMMITTEE (10) Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL ALL OTHERS 0 0 0 0 0 0 0 0 0 0 BLANKS �10 60 0 10 10 0 10 20 10 130 Worl�ing Families Party Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL Total Registered Voters 2061 2390 2167 2369 2277 2349 2353 2237 2207 20410 Total Registered Working Families 0 0 2 0 1 0 0 1 0 4 Total Votes 0 0 0 0 1 0 0 0 0 1 Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL �—� PRESIDENTIAL PREFERENCE Hillary Clinton 0 0 0 0 1 0 0 0 0 1 „_., NO PREFERENCE 0 0 0 0 0 0 0 0 0 0 ALL OTHERS 0 0 0 0 0 0 0 0 0 0 BLANKS 0 0 0 0 0 0 0 0 0 0 STATE COMMITTEEMAN Fourth Middlesex(1,2,4-7) . Pct 1 Pct 2 Pct 4 Pct 5 Pct 6 Pct 7 TOTAL ALL OTHERS 0 0 0 0 0 0 0 BLANKS 0 0 0 1 0 0 1 __ ------- _ _ _ _ _ _ --- _ � _ _-- ___ _ _ _ _ ___ -- February S, 2008 Presidential Primary-Election Results continued... � � � STATE COMMITTEEMAN Third Middlesex(3,8,9) Pct 3 Pct 8 Pct 9 TOTAL ALL OTHERS � 0 � � � �'ftl��a�y�� 'w °f ;'� 0 0 0 BLANKS 0 � 0 0 0 � STATE COMMITTEEWOMAN Fourth Middlesex(1,2,4-7) Pct 1 Pct 2 Pct 4 Pct 5 Pct 6 Pct 7 TOTAL ALL OTHERS 0 0 0 0 0 . 0 0 BLANKS 0 0 0 1 0 ,0 1 � STATE COMMITTEEWOMAN Third Middlesex(3,8,9) � Pct 3 Pct 8 Pct 9 TOTAL , ALL OTHERS 0 � � 'r �� fl�� ' �� 0 0 0 � - BLANKS 0 0 0 0 TOWN COMMITTEE (10) Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL ALL OTHERS 0 0 0 0 0 0 0 0 0 0 BLANKS 0 0 0 0 10 0 0 0 0 10 A true copy. Attest: � Donna M. Hooper, To ' Clerk 1""" � Andrew S. McAleer, 1Z1 Follen Rd,. resigned as a Town r?eeting T?ember (exp.201�) i from Precinct 2, effective Apri1 6, 20a�i. R.obert Cd. Cunha, 10 Stevens Rd. , W� received the highest numb.er of votes as a defeated candidate for Town IMeeting from Precinct 2 at tlie I`�'arch '�, 2008 Annual Town Election. Robert G�. Cunha, 10 Stevens Rd filed acceptance of the nosition to fill the vacancy caused by the resignation of :Mr. '�cAleer ef.fective � April 7, 200$ with the Town Clerk. This term will expire T?arch 2009. UIilliam I. Leavitt, 1�i0 Grove St. , resigned as a Town rTeetin� Member (exp. Z0�9) from Preeinct ?, effective Anril 14, 200fi. Donald 0. �ienson, 58 Dexter R.d. , received the next fiigfiest nur.�ber of votes as a write-in candidate for Town M'ee"tin� from nrecinct 7 at the March �, 200R Annual Town Election. Donald 0. Benson, 5fi Dexter Rd. , filed accentance of the nosition to fill the vacancy caused by the resig,nation of ?�r. Leavitt, effective Anril 14, 2��3, with the Town Clerk. Tliis term will expire T�arch 2009. Donald D. ��iilson, 36 Fern St. , resipned as a Town ?�eeting Member• (exn.2��S) from, Precinct 2, effective Avril 15, ?.��.�. Lauren M, McSweeney, 17 Sutherland R.d, received the next hi�hest number of votes as a defeated candidate for Town Meeting from precinct 2 at the March 'i, 2��R Annual Town Election. � Lauren M. McSweeney, 17 Sutherland Rd. , filed acceptance of the position � to fill the vacancy causPd by the resignation of Mr. Wilson, effective �--- April 16, 2008, with the Town Clerk. This term will expire March 2009. Carol A. Liff, 19 Douglas Rd. , resigned as a Town Meeting Member (exp. 2010) from Precinct 5, effective 3une 3, 2008. Joseph G. Lahiff, 318 Lowell St. , received the next highest number o€ votes as a defeated candidate for Town Meeting from Precinct 5 at the March 3, 2008 Annual Town Election. Joseph G. Lahiff, 318 Lowell St. , filed acceptance of the position to fill the vacancy caused by the resignation of Ms. Liff, effective Septembe� 3, 2008, with the Town Clerk. This term will expire March 2009. 4 � � WARRANT FOR TOWN ELECTION — SEE WARRANT FILE � ) TOWN ELECTION — MONDAY, MARCH 3, 2008 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Monday, March 3, 2008, at 7:00 a.m. - The following places were designated as the voting places for the various precincts: Precinct One, Cary Memorial Building; Precinct Two, Bowman School; Precinct Three, Jonas Clarke Middle School; Precinct Four, Bridge School; Precinct Five, Cary Memorial Building; Precinct Six, William Diamond Middle School; Precinct Seven, Joseph Estabrook School; Precinct Eight, Central Fire Station; Precinct Nine, Maria Hastings r—, School � The election officers and Wardens of the various precincts were assigned for duty as follows: Precinct 1: Warden: Richard Pemberton [U]; Clerk: Barry Sampson [U]; Inspectors: Edwina Spillane [U], Jeanette Cerulli [D], Doris Pemberton [U], William Barrett [R], Eileen McAlduff [D], John Yanakis [U], Loyola Carroll [U], Margaret Kelly [U], Anne Conceison [U] . Precinct 2: Warden: Rebecca Fagan [U]; Clerk: Susanne Hays (U]; Inspectors: Arline Burns [U], Dorothy Bond [U], Lillian MacArthur [U], Margaret Ouelette [D], Mary Ellen Turner [D], Sheryl Mason[U], Robert Mason [U], Winston Flynn [U], L. Susan Conway[U]. Precinct 3: Warden: Shirley R. Frawley [D]; Clerk: Renee Reynolds [D]; Inspectors: M. Elinor Greenway [D], Lillian Drury [U], William Frawley (D], Francine Edwards [D], Elizabeth McLaughlin [D], Robert Edwards[R], Rita Casey[D], Anne Mary Dunn [U], Robert Greenway[D]. " Precinct 4: Warden: Gulli Kula [D]; Clerk: Robert W. Bennett [U]; Inspectors: Beverly Aker [U], Dana Regillo [R], Eleanor Smith [U], Evangeline Puopolo [U], Gloria Curran [U], Lynda Laurence [D], Darlene Adams [D], Robert Warshawer[U], John Yanakis[U]. Precinct 5: Wardens: Eric Kula [D], Marie Hill [U]; Clerk: Bernice Gerrig [U]; Inspectors: Linda Cohen [U], T. John Quinlan [R], Alice D. Stringos [U], Josephine Bailey [U], Raymond Massey [D], Mary Tashjian [U], Joyce Defandorf[U], John Defandort[U], Edna Holloran [D]. Precinct 6: Warden: Dorothy Boggia [R]; Clerk: Ann Webster [U]; Inspectors: Hazel Graham [D], D. Peter Lund [R], Charles Price [U], Barbara Simmons [R], William Simmons [R], Elizabeth Sullivan [D], Jane A. Trudeau [D], Susan Solomon [U]. Precinct 7: Warden: Alice Pierce [D]; Clerk: Margaret Bradley [D]; Inspectors: Mary Ayvazian [D], Isabelle Bennett[R], Mabel Amar[D], Maarib Bauaz [D], Mary Bumell [U], Nancy Hubert[D], __ Carol Bumbaca [U]. Charlotte Ford [D], Jyoti Rayo [D]. � Precinct 8: Warden: Leo Chudigian [U]; Clerks: Judith Chudigian [U], Barbara Perrotta [U]; Inspectors: Elinor Bettencourt [R], Anthony Montagna [U], John Ayvazian [D], Salvatore Casella J [D], Anne B. O'Neill [U], Julie Miller[U], Edgar Knudson [D], Audrey Deschler[D]. Precinct 9: Warden: Shirley Ament-Bergey [D], Clerk: Arthur Katz [D]; Inspectors: Angela Marcucci [U], Janet Lowther [R], Carole Butler [U], Judith Schuler [U], Clark Schuler [U], Harry Farrington [U], Joseph Pato [D], Edith Paster[D], Robert Ryan [D], Elizabeth Weiss[U]. The election officers were sworn to the faithful performance of their duties. The polls were declared open in each precinct at seven o'clock A.M. and remained open until eight o'clock p.m., at which time, after due notice, the polls were declared closed. Election results were delivered to the Town Clerk at the Town Office Building. 11% of the registered voters cast their vote. The Town Clerk canvassed results as follows: ABSENTEE BALLOT BREAKDOWN Applications Ballots Ballots Returned Ballots Pct Processed Returned Late/Undeliverable/ Counted _ Rejected 1 33 13 7 6 2 27 13 0 13 3 64 40 1 39 4 39 21 1 20 5_ 30 17 1 16 r�''i 6 32 22 0 22 I 7 28 17 0 17 �, 8 13 10 0 10 . 9 21 7 1 6 Totals 287 160 91 149 Total of 20,466 registered voters eligible to vote as of February 12, 2008. ---- __ _ _ ___ ---- _ ____ _ _ _ _ 1 _-- _ _ _ __ March 3, 2008 Annual Town Election; cont........ 4 3 5 TOWNWIDE OFFICES PCT 1 PCT 2 PCT 3 PCT 4 PCT 5 PCT 6 PCT 7 PCT 8 PCT 9 TOTAL TOTAL VOTERS 2071 2398 2190 2368 2287 2359 2354 2241 2198 20466 Total Votes 178 317 314 350 212 253 177 186 201 2188 Percent 9% 13% 14% 15% 9% 11% 7% 8% 9% 11% SELECTMEN(Vote for TWO;for THREE YearsJ PCT 1 PCT 2 PCT 3 PCT 4 PCT 5 PCT 6 PCT 7 PCT 8 PCT 9 TOTAL � NORMAN P.COHEN 123 238 236 258 146 188 152 145 141 1627 HANK MANZ 114 215 209 234 145 181 141 135 143 1517 BLANK 115 175 182 205 128 132 60 '89 113 1199 WRITE•IN 4 6 1 3 5 5 1 3 5 33 MODERATOR(Vofe for ONE;for ONE YearJ PCT 1 PCT 2 PCT 3 PCT 4 PCT 5 PCT 6 PCT 7 PCT 8 PCT 9 TOTAL MARGERY M.BATTIN 132 232 228 258 153 193 152 147 148 1643 BLANK 43 82 85 90 56 57 24 38 50 525 WRITE-IN 3 3 1 2 3 3 1 1 3 20 SCH001 COMMITTEE(Vote for ONE;for THREE Years) PCT 1 PCT 2 PCT 3 PCT 4 PCT 5 PCT 6 PCT 7 PCT 8 PCT 9 TOTAL RODNEY COLE 115 208 202 229 137 178 139 139 135 1482 BLANK 62 106 112 120 75 72 36 47 64 694 WRITE-IN 1 3 1 0 3 2 0 2 12 PLANNING BOARD(Vote for TWO;for THREE Years) r.,,, PCT 1 PCT 2 PCT 3 PCT 4 PCT 5 PCT 6 PCT 7 PCT 8 PCT 9 TOTAL ANTHONY G.GALAITSIS 106 190 190 216 141 160 128 122 127 1380 L__._ CHARLES HORNIG 100 185 203 205 125 159 132 134 120 1363 BLANK 149 256 231 277 157 182 91 114 151 1608 WRITE-IN 1 3 4 2 1 5 3- 2 4 25 TOWN MEETING MEMBERS PRECINCT 1 — Seven for Three Years; One for One Year � Total Total *NANCY M.ADLER 114 �`JAMES M.MURPHY 86 "ALBERT P.ZABIN 108 DOUGLAS R.ORR 76 "MARY BOWES 98 Markus.Pinney 1 � *JOHN C. BARTENSTEIN 97 Debora Hoard 1 *JAMES E. BARRY 94 Richard Horn 1 *COLIN R.HAMILTON 88 *JOHN F.ROSSI 87 BLANKS 573 "elected for 3 years '�e/ected for 1 year PRECINCT 2— Seven for Three Years; One for Two Years Total Total *CHRISTINA J.WELCH 205 '�KATHRYN MAYES FIELDS 138 *JILL E.STEIN 194 ROBERT W.CUNHA 135 *BARRY ORENSTEIN 185 LAUREN M. MCSWEENEY 128 *JOSEPH N. PATO 167 Kevin Foley 2 *PAUL H.LAPOINTE 164 William Sweeney 1 �� __ *COLLEEN BELLOCK SMITH 159 John McAleer 1 "ADAM D. SACKS 154 BLANKS 903 *elected for 3 years; "*elected for 2 years PRECINCT 3 — Seven for Three Years; One for One Year Totai Total *DAN H.FENN,JR. 196 *PATRICK R.MEHR 135 *BONNIE E. BRODNER 187 "*ROBERT N.COHEN 125 *ROBERT V.WHITMAN 169 NICHOLAS A.CANNALONGA 118 *ARTHUR KATZ 167 STEVEN N.AARON 94 '`STEVEN P.HEINRICH 162 "MICHELLE GODDARD 150 BLANKS 1009 *elected for 3 years; **elecfed for 1 year 4 3 6 March 3, 2008 Annual Town Election, cont........ PRECINCT 4— Seven for Three Years Total Total "TANYA T.MORRISETT 211 JOHN M.PATRICK 145 *RUTH S.THOMAS 205 NICHOLAS SANTOSUOSSO 109 "ALESSANDRO A.ALESSANDRINI 189 �MICHAEL L.GRUBER 73 *VINCENT J.PISEGNA 184 Geraldine Klein 18 *LISA A. BACI 176 Stephen Klein 17 *BEVERLY KELLEY 162 Lisa Boehm 1 '`JOHN L.DAVIES 154 BLANKS 806 "`elected for 3 years PRECINCT 5— Seven for Three Years; One for One Year � Total Total � *DAVID G.WILLIAMS 122 *LORETTA A.PORTER 103 —'' "MARJORIE M. DAGGETT 120 "*JOHN HAYWARD 92 *EPHRAIM WEISS 113 JOSEPH G.LAHIFF 86 *PAUL F. BARNES 108 DAVID E. BURNS 81 *NANCY CORCORAN-RONCHETTI 106 *ANTHONY G.GALAITSIS 105 BLANKS 660 *elected for 3 years �*elected for 1 year PRECINCT 6 — Seven for Three Years Total Total *ANN S.REDMON 170 Chet Webster 2 "DAVID L.KAUFMAN 159 Paul Chernick 1 *JONATHAN A.HIMMEL 151 Ann Webster 1 "GERALD A.LACEY 144 William Simmons 1 *FRANK SANDY 139 Richard Jette 1 � *MORTON G.KAHAN 135 Peter Cohen 1 "OSMAN BABSON 122 Theresa Cohen . 1 JOHN R. HOLT 86 BLANKS 657 *elecfed for 3 years PRECINCT 7 — Seven for Three Years; One for Two Years Total Total ---, *MARTHA C.WOOD 140 *DAVID G.KANTER 115 � `DEBORAH J.BROWN 131 **RAVI K.SAKHUJA 100 'THOMAS V.GRIFFITHS 128 Donald Benson 4 'JAMES W.COURTEMANCHE 125 Mary Burnell 3 "ROBERTD.PETERS 123 David Needham 1 *PAM HOFFMAN 122 Mike Barg 1 BLANKS 423 *elected for 3 years *'"elected for 2 years PRECINCT 8 — Seven for Three Years Total Total *MARGARET BRADLEY 134 *CHARLES L. MOORE,JR. 113 - *STEWART G.KENNEDY 133 "JAMES A.OSTEN 108 '`RICHARD A.MICHELSON 128 THOMAS W.ALSPAUGN 57 *CHARLES HORNIG 122 Peter Tropeano 1 *ROGER F. BORGHESANI 121 BLANKS 385 � "elected for 3 years PRECINCT 9 —Seven for Three Years; One for One Year Totai Total "LEO P.MCSWEENEY 144 DAWN MCDONOUGH 83 *WENDY MANZ 129 DANIEL L.MCDONOUGH 77 *ALICE J.ADLER 120 Michael Schroeder 4 "JANICE A. KENNEDY 119 Dorris Traficante 2 � *LISAH S.RHODES 108 Lawrence J.Link 2 *JUSTINE A.WIRTANEN 94 Susan Kaftan 1 � *DAMON M.WIRTANEN 87 Jamie Rauscher 1 "*SHIREEN AHMED 85 BLANKS 552 *elecfed for 3 years �`elected for 1 year �' � A true copy. � ` Attest: :� �J l'� Donna M. Hooper, To n Clerk ___ ___ __ __ __ _ _ __ _ _ _ _ ___ � _ _ _ __ _ _ _____ __- - ---- _. 437 2008 Annual Town Meeting March 19,2008 (See Warrant File for Warrant) The first session of the 2008 Annual Town Meeting was called to order by Moderator Margery M. Battin at 7:30 p.m., Wednesday, March 19, 2008, Cary Memorial Hall. A quor.um of 178 members was present. , The Lexington Minutemen, accompanied by the William Diamond Fife and Drum Corps, posted the colors. The invocation was offered by Rabbi Howard Jaffe, Temple Isaiah. r Town Clerk Donna M. Hooper read the Warrant for the Meeting until waived. The Town Clerk read the Constable's Return of the Warrant. The Moderator honored town meeting members who passed away during the past year. The Moderator reviewed procedural matters and explained the meeting would not convene on April 2, April 16 or April 18. The Moderator declared the meeting open under Article 2, and would be for the duration of the meeting. ARTICLE 2: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES John Rosenberg moved the Report of the Cary Lectures Committee be aceepted and placed on file. Unanimously Adopted. Mr. Rosenberg presented the Committee's report. Selectman Jeanne Krieger explained planned articles to be voted this evening. Selectman Krieger moved the Report of the Town Manager be accepted and placed on file. Town Manager Carl Valente presented an overview of the 2009 budget. Public Facilities Director Patrick Goddard presented a report on the newly established Department of Public Facilities. Unanimously Adopted. School Committee Chairman Thomas Diaz moved the Report of the Superintendent of Schools be accepted and placed on file. Superintendent Paul Ash reported. Unanimously Adopted. (�' Marjorie Daggett,pr.5,requested the Moderator recognize the Superintendent of the i ' Minuteman Vocational School. Superintendent Edward Bouquillon reported. I �__ 9:44 p.m. Presented by Selectman Jeanne Krieger. 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. Motion Adopted. 9:45 p.m. Selectman George Burnell moved Article 31 be taken up. Unanimously Adopted. ro � � ARTICLE 31: AMEND GENERAL BYLAW—AUTHORITY TO ISSUE TRENCH � � b EXCAVATION PERMITS ro � o MOTION: That Chapter 100 of the Code of the Town of Lexington be amended � � a by adding a new sentence after the first sentence of§ 100-2.E, as follows: ,� � � � �� • � "The Town Manager shall designate a Board or Officer of the Town to issue permits ��c � to excavate trenches, other than those permitted under the first sentence herein, � � � pursuant to and as regulated by Chapter 82A of the Massachusetts General Laws, as o b � amended, and under 520 CMR 14.00." � ' `� � c� � � and further that nonsubstantive changes to the numbering of this bylaw be permitted o � in order that it be in compliance with the numbering format of the Code of Le�ngton. � � � Mr. Burnell reported the support of the Board of Selectmen. Unanimously Adopted. �' � . �-`�- 9:47 pm. Patrick Mehr,pr.3,moved Article 37 be taken up. Unanimously Adopted. �, �, �, y ARTICLE 37: AMEND CODE FOR FEES TO REMOVE PROTECTED b � � � rt rr ,v K TREES (CITIZENS' PETITIOl� • • � � MOTION: That §120-8 B. (1) of Chapter 120 of the Code of the Town of o � � � Lexington be amended by adding at the end thereof the following sentence: � �, w � ' N O ri �G O O rt "Such fee shall be at least five dollars ($5)per DBH inch of protected tree to be � � � rt o� �• a� � removed." o o ° and further that nonsubstantive changes to the numbering of this bylaw be pernutted rt x � � �� in order that it be in compliance with the numbering format of the Code of the Town �� of Lexington. 4 3 8 2008 Annual Town Meeting-March 19, 2008 continued... 9:47 p.m. Mr. Mehr suminarized requested action and justification. 9:52 p.m. Jeanne Krieger reported opposition by a majority of the Board of Selectmen. 9:54 p.m. Deborah Brown,pr.7,reported the support of the Appropriation Committee. 9:55 p.m. James Wood,pr.7, reported the support of the Tree Committee. � 9:56 p.m. Mr. Mehr responded to questions regarding tree removal procedures and the �o fund into which fees are deposited. � N 9:59 p.m. Mrs. Krieger responded to questions on bylaw enforcement. �°, � � 10:01 p.m. Tree Comrnittee member John Frey spoke from the audience and reported the � � Committee took no position on the Article. Motion Adopted � � � 10:02 p.m. Selectman George Burnell moved Article 39 be taken up. Motion Adopted. � �, v ARTICLE 39: AMEND GENERAL BYLAW-TOURISM COMNIITTEE �-•+ � � • MOTION: That Chapter 39 of the Code of the Town of Lexington be amended as � �; set forth in the Article, and further that nonsubstantive changes to the numbering of " o this bylaw be permitted in order that it be in compliance with the numbering format a'', �' of the Code of Lexington: a • � � � � [WARRANT TEXT: To see if the Town will vote to amend the vote passed � under Article 14 of the warrant for the 2007 Annual Town Meeting(Tourism �� Committee)by changing the Article Number in Chapter 29 of the Code of the Town v �, of Lexington from"VII"to "VIII" and the Section Numbers from"�29-23 and �29- o � 24"to "§29-28 and §29-29"; or act in any other manner in relation thereto.] � +� a. a �� 10:02 p.m. Mr:Burnell reported the support of the Board of Selecimen. Unanimously Adopted. 10:03 p.m. Selectman George Burnell moved Article 44 be taken up. Unanimously Adopted. ARTICLE 44: RECONFIRM VOTES PETITIONING THE GENERAL COURT MOTION: That the Town vote to reconfirm the votes set forth in the Article authorizing the Selectmen to petition the General Court for the acts as indicated. �--, [WARRANT TEXT: To see if the Town will vote to reconfirm the following votes authorizing f the Selectmen to petition the General Court for certain Acts: � a. Vote under Article 14 of the warrant for the 2005 Annual Town Meeting (Municipal Lighting Plant); b. Vote under Article 11 of the warrant for the 2006 Annual Town Meeting (Amend Referendum Provisions of Chapter 215 of the Acts of 1929); c. Vote under Article 8 of the warrant for the 2007 Annual Town Meeting (Amend Notice Provisions of Chapter 215 of the Acts of 1929); d. Vote under Article 23 of the warrant for the 2007 Annual Town Meeting (Income Limits for Rea1 Property Tax Deferrals); Or act in any other manner in relation thereto.] 10:06 p.m. Mr. Burnell reported support of the Board of Selectmen. 10:06 p.m. Alan Levine,pr.8, reported unanimous support of Appropriation Committee. � Unanimously Adopted. 10:07 p.m. Selectman George Burnell moved Article 46 be taken up. Motion Adopted. ARTICLE 46: ACCEPT GIFT OF LAND-SCHUMACHER FANIILY MOTION: That the Town accept the gift of land described in the Article. [WARRANT TEXT: To see if the Town will vote to accept a gift of a lot shown as Lot 84 on Assessors' Property Map 51 containing 300 squaxe feet and bordering Route 128 from Ellen � Schumacher Schadegg and Mary Schumacher Megson; or act in any other manner in relation � . thereto.] 10:07 p.m. Mr. Burnell reported the support of the Board of Selectmen. Unanimously Adopted. 10:08 p.m. George Burnell moved Article 47 be taken up. Motion Adopted.. 10:09 p.m. David Kanter, pr.7, served Notice of Reconsideration of Article 46. -___ _ _ _ __ _ __ __----- - . __ __ _ _ _ ---- -, _ __ _ 2008 Annual Town Meeting—March 19, 2008 continued... 4 3 9 10:09 p.m. Presented by Selectman George Burnell. ARTICLE 47: ACCEPT GIFT OF LAND—WHEATON FAlVIILY ' MOTION: That the Town accept the gift of land described in the Article. [WARRANT TEXT: To see if the Town will vote to accept a gift of a lot shown as Lot 59 Assessors' Property Map 29 containing 4, 000 square feet and bordering the paper street portion of Arcola Street from Graydon and Iris Wheaton; or act in any other manner in relation thereto.] 10:10 p.m. Mr. Burneli reported the support of the Board of Selectmen. 10:10 p.m. David Kanter questioned environmental liability and responsibility of the Town. �, 10:10 p.m. Town Manager Carl Valente reported no known issues with the Schumacher � _ property and no discussion of liability with the Article 47 property. Town Counsel William Lahey addressed legal possibilities on environmental liabilities. 10:13 p.m. Patrick Mehr,pr.3, questioned policies on sma11 parcels donated to the Town. Town Manager Carl Valente reported there was no policy on accepting small parcels. 10:15 p.m. David Kanter, pr.7, reiterated his concerns on liability and urged voting against. 10:17 p.m. Following a voice vote the Moderator declaxed the Motion Adopted. 10:17. p.m. Selectman Jeanne Krieger moved the meeting be adjourned until Monday, March 24, 2008, 7:30 p.m., Cary Memorial Hall. Motion Adopted. A true copy. Attest: , �; Donna M. Hooper, To Clerk March 24,2008 Adjourned Session of the 2008 Annual Town Meeting �' � The Moderator declared the second session of the 2008 Annual Town Meeting in session, ``-" Monday,March 24,2008 at 7:30 p.m., Cary Memorial Hall. A quorum of 175 members was present. ARTICLE 2: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES 7:30 p.m. Alan Levine, Chairman, moved the report of the Appropriation Committee be accepted and placed on file. Mr. Levine presented his report. Unanimously Adopted. 7:46 p.m. Thomas Diaz,pr3, moved the report of the School Financial Review Committee be accepted and placed on file and that co-chair Jennifer Hewett be recognized. Ms. Hewett presented the report of the Committee. Unanimously Adopted. 7:52 p.m. Selectman Hank Manz moved Article 24 be taken up. Unanimously Adopted. ARTICLE 24: ESTABLISH AND APPROPRIATE TO SPECIFIED STABILIZATION FUNDS � MOTION: a) That a Special Education Stabilization Fund be created in accordance with M.G.L. Chapter 40, Section SB, and b) That appropriations to the following stabilization funds be made from the sources and in the amounts specified. 1) $65,093 be appropriated to the Transportation Demand Management/ �r-- Public Transportation Stabilization Fund, and to meet this appropriation i , $65,093 be transferred from the Lexpress Transportation Demand �_ Management Special Revenue Account � 2) $350,000 be appropriated to the Special Education Stabilization Fund, and to meet this appropriation$350,000 be transferred from line item 1100 of the FY2008 budget appropriated under Article 21 of the 2007 Annual Town Meeting. 7:54 p.m. Deborah Brown,pr.7,reported the unanimous support of the Appropriation Committee. Chairman Thomas Diaz,pr3,reported the support of the School Committee(4-0) 7:56 p.m. Unanimously Adopted. � Alan Levine,pr.8, served notice of reconsideration on Article 24. 4 4 0 2008 Annual Town Meeting—March 24, 2008 continued... 7:56 p.m. Presented by Selectman Jeanne Krieger. ARTICLE 4: APPROPRIATE FY 2009 OPERATING SUDGET The Moderator summarized procedures. 7:58 p.m. Patrick Mehr,pr.3, questioned opposition to the school budget and reported his intent to divide out line items. 8:01 p.m. School Committee Chairman Thomas Diaz,pr.3,presented remarks. 8:08 p.m. School Committee member Ravi Sakhuja,pr.7, spoke on full day kindergarten and available METCO funds. ' 8:13 p.m. Pam Hoffinan,Appropriation Committee, spoke on the school budget, cost savings from newly implemented in-house programs, METCO, and that the Appropriation Committee is comfortable with the financing plan for full-day � kindergarten, and the unanimous approval of the Appropriation Committee. J 8:14 p.m. Pairick Mehr,pr.3,moved: MOTION: Line item 1100 Lexington Public Schools and the transfer of $65,000 from the School Bus Transportation Stabilization Fund for line item 1100 be divided out to be voted on separately. 8:16 p.m. School Committee Chairman Thomas Diaz requested a recess for the Committee to caucus. 8:23 p.m. The Moderator called the meeting to order, Mr. Diaz reported the unanimous support(5-0) of the School Committee. 8:25 p.m: Alan Levine,pr.8, reported the unanimous support of the Appropriation Committee on the motion to divide. � 8:26 p.m. Motion to Divide—Unanimously Adopted. 8:26 p.m. Margery Dagett,pr.6, spoke on line item 1200—Regional Schools. 8:30 p.m. Eric Michelson,pr.l,reported unanimous support of the Appropriation Committee. ARTICLE 4: APPROPRIATE FY 2009 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 , I such transfer or other source. � FY 2009 Budget Program 1000:Educarion 1100 Le�ngton Public Schools Salaries and Expenses $ 59,295,239 Out-of-District Tuition(Special Education) $ 5,483,847 ......................................................................: Total Line Item 1100,Lexington Public Schools# #Voted Separately $ 64,548,189 1200 Regional School :....................................................................: $ 1,510,598 Program 2000: Shared Expenses 2100 Benefits 2110 Contributory Retirement $ 3,446,236 2120 Non-contributory Retirement $ 42,000 2130Insurance $ 22,140,749 2140 Unemployment $ 100,000 2150 Workers Compensation* (M.G.L.Ch.40,Sec. 13 A&C) $ 306,625 2160 Properly&Liability Insurance $ 619,240 2170 Uninsured Losses* (M.G.L.Ch.40,Sec. 13) $ 138,402 2200 Debt Service 2210 Payment on Funded Debt $ 3,110,000 2220 Interest on Funded Debt $ 663,723 2230 Temporary Borrowing $ 243,818 -� 2300 Reserve Fund# #I�oted Separately&Amended 2300 Reserve Fund to 8532,500 : $ �B;-B�8 J 2400 Public Facilities :........................................................................................€ 2400 Public Facilities $ 8,499,664 Program 3000: Community Services 3100-3500 DPW Personal Services $ 3,169,037 3100-3500 DPW Expenses $ 4,539,101 Program 4000:Public Safety 4100 Law Enforcement Personal Services $ 4,697,662 4100 Law Enforcement Expenses $ 491,676 � 4200 Fire/Medical Personal Services $ 4,268,656 4200 Fire/Medical Expenses $ 458,466 _ _-- _____ _--__ _ _ __ _ � __ __ ___ _ _ .._ , _- -_____ 2008 Annual Town Meeting—March 24, 2008 continued... 4 4 1 Program 5000:Culture&Recreation 5100 Library Personal Services $ 1,608,985 5100 Library Expenses $ 249,700 Program 6000: Social Services 6100-6200 Social Services Personal Services $ 444,653 6100-6200 Social Services Expenses $ 211,088 Program 7000: Community Development 7100 Community Development Personal Services $ 868,255 7100 Community Development Expenses $ 100,797 7200 Planning Personal Services $ 214,942 _ 7200 Planning Expenses ......................................................................................... $ 9,859 7300 Economic Development Personal Services# #Yoted Separately&Amended = $ 7 7� ` toS92,212PS &$14,166Ex ' 7300 Economic Development Expenses# = P = :........................................................................................: $ ''� Program 8000:General Government 8100 Board of Selectmen � 8110 Board of Selectmen Personal Services $ 78,048 8110 Board of Selectmen Expenses $ 73,870 8120 Legal Services $ 350,000 8130 Town Report $ 7,000 8200 Town Manager � ' 8210-8220 Town Manager Personal Services $ 511,131 8210-8220 Town Manager Expenses $ 142 250 � 8230 Salary Transfer Account* $ 571,623 and further that Line 8230.is to be transferred by the Board of Selectmen for contractual settlements within departments upon recommendation of the Town Manager 8300 Town Committees 8310 Finance Committees $ 1,500 8320 Misc.Boards and Committees $ 4,700 8330 Public Celebration Committee $ 29,500 � 8400 Finance Personal Services $ 1,055,828 � 8400 Finance expenses $ 282,490 '---- 8500 Town Clerk Personal Services $ 290,031 8500 Town Clerk Expenses $ 106,114 8600 MIS Personal Services $ 198,090 8600 MIS Expenses $ 337 933 � and that the Town transfer the following sums to meet,in part,appropriations made at this Town Meeting: $65,000 from the School Bus Transportation Stabilization Fund for line-item 1100;# ; #voted separately � $325,000 from the Parking Meter Fund for line-items 3100-3500 and 4100; ��•��•��' $120,000 from the Cemetery Trust Fund for line item 3100-3500; $61,000 from Transportation Demand Management/Public Transportation Stabilization Revolving Fund for Appropriations for line-items 3100-3500; $2,618,766 from Unreserved Fund Balance/Free Cash; $820,952 from the Water Enterprise Fund; $714,536 from the Sewer Enterprise Fund;and $175,399 from the Recreation Enterprise Fund. $138,402 from Insurance Proceeds greater than$20,000 for line-item 2170 Items marked with an(*)are Continuing Balance Accounts. 8:34 p.m. Deborah Brown,pr.7,moved: AMENDMENT: That the following resolution be adopted: ; WI�REAS the Town of Lexington is budgeting to spend$22.1 million for health benefits in FY2009 ' WHEREAS this expense represents a significant percentage of General Fund expenses and has consistently grown annually at much faster rates than the Town's revenue WHEREAS the percentage of employee benefits paid by the Town may be higher than those prevailing in the private sector and therefore may create disincentives for Town employees to use family coverage available to spouses employed in the private sector WHEREAS innovative solutions may benefit the Town and its employees THEREFORE,RESOLVED That the Lexington Town Meeting: Expresses great concem about the rate of growth of health benefits expenses and believes that such continuing rates of growth in the future will endanger the Town's ability to deliver services; Believes that it is in the collective interest ofresidents,management,and employees to minimize this rate 4 4 2 2008 Annual Town Meeting—MaNch 24, 2008 continued... of growth and protect the integrity of Town services; Encourages all parties to compare Lexington's current benefits packages with other private and public sector entities; Acknowledging the prior best efforts of all parties,urges all parties to explore as soon as possible real solutions to this problem that will result in the Town's health benefits expense growing at a long-term sustainable rate. Such solutions could include innovative compensation packages with possible changes in the mix of salary and benefits or joining the state's Group Insurance Commission(GIC). ------------------------- 8:36 p.m. Michael Kennealy, spoke on amendment and the support of the Appropriation Committee. 8:38 p.m. Chairman Alan Levine spoke on the spirit of the Resolution and the need for ' staff support for the Appropriation Committee to study the issue. J 8:40 p.m. Selectman Jeanne Krieger reported the Board of Selectmen would not take a position as to not influence coalition barga,ining or baxgaining in good faith. 8:41 p.m. Unanimously Adopted. 8:42 p.m. Dawn McKenna,pr.6,moved: MOTION: I move to divide out line item 2300 Reserve Fund and line item 7300 Economic Development Personal Services &Expenses from Article 4 to be voted on separately after Article 8. 8:44 p.m. Alan Levine reported the unanimous support of the Appropriation Committee. Jeanne Krieger reported the unanimous support of the Board of Selectmen. 8:44 p.m. Motion to divide out Unanimously Adopted. 8:45 p.m. Members questioned budget requests for the Public Works operations, burglar system fees for false alarms,Police Department staffing and patrols, snow plowing, Social Services Department reorganization and staffing, and possible models. Staff responded. 9:15 p.m. ARTICLE 4—Unanimously Adopted. Alan Levine,pr.8, served notice of reconsideration on Article 4. Eric Michelson,pr.l, served notice of reconsideration on Article 4, line item 1200. ARTICLE 4—LINE ITEM 1100 9:16 p.m. Ephraim Weiss,pr.5,moved: AMENDMENT: Line item 1100 be reduced by $95,000. 9:18 p.m. Thomas Diaz, Chairman, reported the School Committee's unanimous opposition. Pam Hoffinan,pr.7,reported the Appropriation Committee's unanimous opposition. 9:20 p.m. Selectman Chairman Jeanne Krieger reported the Selectmen take no position on education policy but support the budget in entirety. Members, speaking in support and opposition to the amendment, questioned school budget policies, implementation of full-day and half-day kindergarten, and town meeting's involvement in seeking to legislate educational policy. Superintendent of Schools Paul Ash, administrators, and School Committee members responded. 9:49 p.m. Following a voice vote on the Weiss Amendment,the Moderator declared the Amendment Not Adopted. 9:50 p.m. Reid Zurlo,pr3, moved the following non-binding resolution: AMENDMENT: To amend Article 4, Line Item 1100 to add the following: RESOLUTION: Be it hereby resolved that Town Meeting strongly urges the School . Committee not to implement Fu11 Day Kindergarten in FY09. Ms. Zurlo explained the amendment and spoke against fees for full day kindergarten and creating an unequal access to the public education system. Chairman Tom Diaz,pr3,reported the School Committee's opposition(4-1)to the Zurlo amendment. School Committee member Helen Cohen spoke in opposition and of the value of full-day kindergarten. Pam Hoffinan,pr.7,reported the opposition of the Appropriation Committee (6-1). Jeanne Krieger reported the Board of Selectmen takes no position on this amendment. - _ � _____ _ __ _ _ _ ___ _ ---- -, 2008 Annual Town Meeting—March 24, 2008 continued... 4 4 3 9:58 p.m. Members spoke in support and opposition. 10:18 p.m. Barrie Peltz,pr.4, moved debate be extended 15 minutes. Motion Not Adopted. 10:26 p.m. Following a standing vote,tallied as follows: Precinct YES NO 1• 7 12 2 9 7 3 7 6 4 7 8 . 5 6 13 6 9 10 7 - 8 8 8 3 15 9 4 6 AL 2 12 _- Total 62 ' 97 Zurlo Amendment Not Adopted. Line Item 1100 main motion, Patrick Mehr,pr3, spoke in opposition of the school budget. 10:29 p.m. Following a voice vote on Article 4,line item 1100 Public Schools, Moderator declared Motion Adopted. Under motion for Article 4,transfer of$65,000 from the Stabilization Fund, Tom Diaz,pr.3, reported the unanimous support of the School Committee and Eric Michelson,pr.l,reported the unanimous support of the Appropriation Committee. Jeanne Krieger reported the support of the Board of Selectmen. 10:31 p.m. Following a voice vote on the transfer of$65,000 from the Stabilization Fund,Moderator declared Unanimously Adopted. 10:31 p.m. Alan Levine,pr.8, served notice of reconsideration of Article 4, line item 1100 and Article 4, $65,000 Bus Transportation. 10:32 p.m. Selectman Jeanne Krieger moved the meeting be adjourned until 7:30 p.m., � Wednesday,March 26, 2008, Cary Memorial Ha11. Motion Adopted. `�""� A true copy. Attest: � �� Donna M. Hooper, T Clerk March 26,2008 Adjourned Session of the 2008 Annual Town Meeting The Moderator declared the third session of the 2008 Annual Town Meeting in session, Wednesday, Maxch 26, 2008 at 7:30 p.m., Cary Memorial Hall. A quorum of 166 members was present. The Moderator declared a recess for Superintendent Paul Ash to present the Sharyn Wong- Chan& Sara Harrington Diversity Awards to Holly Stumpf,Harrington School music teacher. � ARTICLE 2: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES 7:44 p.m. Kenneth Kreutziger,pr. 2, moved the Report of the Housing Partnership Committee be accepted and placed on file. Mr. Kreutziger presented the report. Unanimously Adopted. Andrew Friedlich,pr.5,reported thanks to the school and municipal fmance staff, r-- Appropriation and Capital Expenditures Committees. 7:49 p.m. Presented by Jeanne Krieger. , ARTICLE 5: APPROPRIATE FY2009 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 2009; under the provisions of M.G.L. chapter 44, section 53F%z: Salaries $ 606,952 Expenses 463,845 Debt Service(non-exempt) 850,350 MWRA Assessment 4.623,873 Total $6,545,020 Said sum to be funded from water receipts. ` 4 4 4 2008 Annual Town Meeting-March 26, 2008 continued... 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 2009; under the provisions of M.G.L. chapter 44, section 53F'/2: Salaries $ 251,864 Expenses 385,565 Debt Service(non-exempt) 569,971 MWRA Assessment 5.941,401 , Total $7,148,801 Said sum to be funded from wastewater receipts. � c) That the Town appropriate the following sums of money to operate the j Recreation Department during fiscal yeax 2009 under the provisions of M.G.L. •-J chapter 44, section 53F%2: Salaries $ 611,794 Expenses 958,089 Debt Service..(non-exempt) 106,200 Total $1,676,083 Said sum to be funded from recreation receipts and$450,000 from retained earnings. 7:49 p.m. Selectman Krieger reported the unanimous support of the Boaxd of Selectmen. Deborah Brown,pr.7,reported the unanimous support of the Appropriation Committee. Unanimously Adopted. 7:51 p.m. Alan Levine,pr.8,moved notice of reconsideration of Article 5. 7:51 p.m. Presented by Selectman Hank Manz, ARTICLE 6: APPROPRIATE FOR SENIOR SERVICE PROGRAM MOTION: That the Town appropriate $45,000 for the purpose of conducting a Senior Service Program,to be spent under the direction of the Town Manager;that to meet this appropriation$45,000 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. - � Hank Manz reported the support of the Board of Selectmen. Deborah Brown,pr.8,reported � the unanimous support of the Appropriation Committee. 7:52 p.m. Patrick Mehr,pr.3, questioned this article as a separate motion from Article 4. Town Manager Carl Valente explained. 7:54 p.m. Motion Unanimously Adopted. Selectman Jeanne Krieger moved to postpone Article 7 until March 31, 2008. Motion Adopted. Alan Levine,pr.8, served notice of reconsideration of Article 6. 7:55 p.m. Selectman Peter Kelley moved to postpone Article 8 untiT March 31, 2008. Motion Adopted. 7:57 p.m. Betsey Weiss,pr.2,moved to postpone Article 9 until Monday,Apri17, 2008. Unanimously Adopted. 7:57 p.m. Joyce Miller,pr.7,moved to postpone Articles 10,11,12,13 until after Article 60. Unanimously Adopted. 7:58 p.m. Selectman Jeanne Krieger moved Articles 14-19 and Article 28 be taken up Monday, April 14, 2008 after Article 41. Unanimously Adopted. 7:59 p.m. Presented by Selectman Norman Cohen. ARTICLE 20: APPROPRIATE FOR AFFORDABLE HOUSING PURPOSES MOTION: That$50,000 be appropriated to Lexington Housing Assistance Board, Inc. (LexHAB)to support the provision of affordable housing within the . Town, and that said sum be appropriated from available funds. Mr. Cohen reported unanimous support of the Board of Selectmen. Susan McLeish reported unanimous support of the Appropriation Committee: Unanimously Adopted. Alan Levine,pr.8, served Notice of Reconsideration of Article 20. 8:03 p.m. Presented by James Lowry,pr.5. ARTICLE 21 : APPROPRIATE MONEY-LACONIA STREET(CITIZENS'PETITIOl� MOTION: That $3,650 be appropriated, in addition to the money appropriated , under Article 24 of the Warrant for the 2004 Annual Town Meeting, for the construction of Laconia Street, and that to meet this appropriation$3,650 be transferred ` _ _ - _ � _ __ ____--- 2008 Annual Town Meeting—March 26, 2008, continued... 4 4 5 from line item 3100-3600 (DPW Expenses) of the FY2008 operating budget voted under Article 21 of the 2007 Annual Town Meeting. James Lowry explained requested action and requested support. Norman Cohen reported the unanimous support of the Board of Selectmen: Richard Eurich reported support(6-0) of the Appropriation Committee. 8:05 p.m. Unanimously Adopted. 8:05 p.m. Alan Levine,pr.8, served notice of reconsideration of Article 21. 8:06 p.m. Presented by Selectman Norman Cohen. ARTICLE 22: APPROPRIATE FOR POST EMPLOYMENT BENEFITS MOTION: That$400,000 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$400,000 be raised from the general fund unreserved fund balance. � Norman Cohen reported unanimous support of the Board of Selectmen. Deborah Brown,pr.7�,reported unanimous support of the Appropriation Committee. 8:09 p.m. Unanimously Adopted. 8:10 p.m. Alan Levine, pr.8, served notice of reconsideration of Article 22. 8:11 p.m. Selectman Norman Cohen moved Article 23 be postponed until March 31, 2008. Unanimously Adopted. 8:11 p.m. Presented by Selectman Hank Manz. ARTICLE 25: APPROPRIATE FOR STABILIZATION FUND MOTION: That$1,000,000 be appropriated to the Stabilization Fund for any lawful purpose in accordance with M.G.L. Chapter 40, Section SB, and that to meet this appropriation$1,000,000 be raised from the general fund unreserved fund balance. Selectman Manz reported the unanimous support of the Board of Selectmen. Deborah Brown,pr.7,reported unanimous support of the Appropriation Committee. 8:14 p.m. Unanimously Adopted. 8:15 p.m. Alan Levine,pr.8, served notice of reconsideration of Article 25. 8:15 p.m. Presented by Selectman Norman Cohen. ARTICLE 26: APPROPRIATE FOR PRIOR YEARS' UNPAID BILLS MOTION: That this article be indefinitely postponed: 8:15 p.m. Unanimously Adopted. Selectman Hank Manz served notice of reconsideration of Article 26. 8:15 p.m. Selectman Jeanne Krieger moved Article 27 be taken up after all others. Unanimously Adopted. 8:17 p.m. Presented by Selectman Norman Cohen. ARTICLE 29: USE OF FUNDS TO REDUCE THE TAX RATE MOTION: That this article be indefinitely�ostponed. Unanimously Adopted. 8:18 p.m. Selectman Peter Kelley moved ARTICLE 30 be postponed to Monday,March 31,2008. Unanimously Adopted. 8:19 p.m. Presented by Selectman Hank Manz. ° �b . ARTICLE 32: AMEND GENERAL BYLAW—AEATEMENT OF INTEREST � �ro MOTION: That Chapter 107 of the Code of the Town of Lexington be amended as � � � set forth in the Article, and further that nonsubstantive changes to the numbering of this .� ° �' I bylaw be pernutted in order that it be in compliance with the numbering format of the :' ��c �_. Code of Lexington. ��c a - O rt • � �n rr m o [WARRANT TEXT: To see if the Town will vote to amend Chapter 107 of the Code of the . o� � Town of Lexington by adding the following at the end of§107-4: "The Board of Selectmen � � � shall have the authority to abate any such interest charges, in whole or in part."] � � N ',� Mr. Manz reported unanimous support of the Board of Selectmen. � � Susan McLeish reported the unanimous support of the Appropriation Committee. "' ~ 8:19 p.m. Unanimously Adopted. 8:19 p.m. Selectman Jeanne Krieger moved adjournment to Monday, March 31, 2008. 4 4 6 � 2008 Annual Town Meeting—March 26, 2008, continued... Members questioned early adjourmnent and questioned other possible articles that may be taken up at this time. Patrick Mehr,pr.3, offered to take up Article 41 at this time. 8:23 p.m. The Moderator called for a recess to review options. 8:37 p.m. The Moderator called the meeting into session. Selectman Krieger withdrew the Motion to Adjourn. Unanimously Adopted. 8:38 p.m. Selectman Hank Manz served notice of reconsideration of Article 26. 8:38 p.m. Patrick Mehr,pr.3,moved to take up Article 41. Unanimously Adopted. ' ARTICLE 41: MUNICIPAL ELECTRIC UTILITIES(CITIZENS'PETITIOl� MOTION: That the following resolution be adopted: Whereas compared with NStar,municipal electric utilities charge Massachusetts customers substantially less(35% less for 500 kWh per month in 2007),provide better service and give communities the local control needed to use more"green"electricity,to place utility wires underground and to remove double utility poles in a timely manner; Whereas Lexington's 2007 special To'wn Meeting supported passage of Bill H3319 to make new municipal electric utilities possible in Massachusetts(co-sponsored by 53 State legislators led by Representative Jay Kaufinan);'yet Bill H3319 is still in Committee; Therefore,be it resolved that the Lexington Town Meeting asks the Lexington representatives in the Great and General Court to refile Bill H3319 for the 2009-2010 legislative session; asks the Lexington Board of Selectmen to petition the Great and General Court for an act to accomplish the purposes set forth in Bill H3319 for the Town of Lexington alone;and requests the Town Clerk to iransmit this resolution to the Governor,the Lieutenant Governor, the Commonwealth's Secretary of Energy and Environmental Affairs,the House and Senate Chairs of the Legislature's Joint Committee on Telecommunications,Utilities and Energy and to each of Le�ngton's representatives in the Great and General Court. 8:47 p.m. Representative Jay Kaufinan reported on pending legislation. � Selectman Norman Cohen reported the unanimous support of this nonbinding resolution. � Tom Diaz,pr3, reported the unanimous support of the School Committee. Members spoke in support and questioned municipal utility rates. Alan Levine,pr.8, reported unanimous support of the Appropriation Committee. 9:06 p.m. Unanimously Adopted. 9:06 p.m. Selectman Jeanne Krieger moved adjournment to 7:30 p.m., Monday, March 31, 2008, Cary Memorial Hall. Unanimously Adopted. A true copy. Attest: Donna M. Hooper, To Clerk March 31,2008 Adjourned Session of the 2008 Annual Town Meeting The Moderator declared the fourth session of the 2008 Annual Town Meeting in session, Monday, March 31, 2008 at 7:30 p.m., Cary Memorial Hall. A quorum of 168 members was present. The Moderator explained she would recuse herself from presiding over articles 35 & 38. � . The Moderator declared a recess at which time 30-year Town Meeting Members James Barry '—'' (pct. 1),Nancy Adler(pct. 1), Sandra Shaw(pct. 4), and Sam Silverman(pct. 5)were recognized by the Town Meeting Members Association. Selectman George Burnell recognized those serving in `Operation Iraqi Freedom' and flags flown in Baghdad sent to and accepted on behalf of the Towri of Lexington. 7:48 p.m. The Moderator declared the meeting in session. ARTICLE 2: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES 7:50 p.m. Dawn McKenna,pr.6,presented the report of the Tourism Committee. _ __ - - -----_ _ _ _ _ . � _ __ _ _ _ _ _ ___ _ _ __ _ -- _ ,_.. ---__ __ 2008 Annual Town Meeting—March 31, 2008 continued... 4 4 7 8:02 p.m. Dawn McKenna moved the report of the Tourism Coxnmittee be accepted and placed on file. Unanimously Adopted. 8:02 p.m. Presented by Gerald Paul,pr.4. ARTICLE 7: APPROPRIATE FOR STREET TREES* MOTION: That the Town appropriate $24,000 for the purpose of planting street trees to replace those that have been removed, and that to meet this appropriation ................................. $24,000 be raised from the general fund unreserved fund balance:��*�,,enaea-see May s : . :..............................................................: Mr. Pau1 explained requested Action. 8:12 p.m. Selectman Jeanne Krieger reported the unanimous opposition of the Board of ' Selectmen,.outlined the budget process undertaken and needed funding, and not including �- requested funding in the budget. 8:15 p.m. Alan Levine,pr.8,reported the unanimous opposition of the Appropriation Committee. 8:20 p.m. Members spoke in�support and in opposition, questioned balancing the budget, possible funding sources and worthiness of request. 8:46 p.m. Marsha Baker,pr.6, called the question. Motion Adopted. 8:46 p.m. Gerald Paul,pr.4, summarized requested action. 8:47 p.m. Following a standing vote,tallied as follows: Precinct YES NO 1 13 4 2 12 0 3 15 1 4 16 5 5 14 3 6 12 6 7 13 4 8 14 4 9 8 7 AL 4 6 Total 121 40 1Vlotion Adopted. 8:51 p.m. Alan Levine,pr.8, served notice of reconsideration of Article 7. 8:51 p.m. Presented by Selectman Peter Kelley. ARTICLE 8: 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 53E1/2 for the fiscal yeax beginning July 1,2008, as follows: Revolving Fund Authorized Departmental Use of Fund F'I'2009 Representative or Board Receipts Authorizatio to S end n DPW Burial Public Works Director Sale of Grave Boxes Program Expenses $35,000 Containers and Burial Vaults DPW Compost Public Works Director Sale of Compost and Personnel,Benefits and Program $254,000 Operation Loam,Yard Waste Expenses Permits LexMedia Operations Board of Selectmen and License fees from cable CATV contract,equipment and $400,000 Town Mana er TV roviders related ex enses Trees Board of Selectrnen Gifts and Fees Pro am Ex enses $20,000 Minuteman Public Works Director Fees paid by Program Expenses $175,000 Household consortium towns Hazardous Waste Pro am Health Programs Health Director Medicare Program Expenses $7,000 Reimbursements ' Council on Aging Social Services Director Program fees and gifts Program Expenses $100,000 Pro ams -- School Bus School Committee School bus fees Bus Transportation Expenses $830,000 Trans ortation Pnblic Facilities Director of Public Building rental fees Personnel and Expenses Related $191,000 Revolvin Fund Facilities to the Rental of Facilities Tourism/Liberty Town Manager and Liberty Ride receipts, Liberty Ride personal services $125,630 Ride Tourism Committee including ticket sales, and expenses including charter advertising revenue and expenses and tourism committee charter sales initiatives Mr. Kelley reported the support of the Board of Selectrnen. 8:53 p.m. John Bartenstein,pr.l,reported unanimous support of the Appropriation , Committee. 8:54 p.m. Unanimously Adopted. 4 4 8 2008 Annual Town Meeting—March 31, 2008, continued... Alan Levine,pr.8, served notice of reconsideration of Article 8. The Moderator declared Article 4, Line Items 2300 and 7300 before the Meeting ARTICLE 4: LINE ITEMS 2300 (Reserve Fund) and 7300 (Economic Development) 8:56 p.m. Dawn McKenna,pr.6,moved the following amendment:. • AMENDMENT: I move the following amounts be amended as follows: That the amount of$550,000 in line item 2300,Reserve Fund,be amended to read$532,500; That the amount of$119,102 in line item 7300,Economic Development Personal Services � be amended to read$92,212; and, ' That the amount of$112,905 in line item 7300 Economic Development Expenses be amended to read$14,166. Mrs. McKenna explained requested action. Selectman Jeanne Krieger reported unanimous support of the Board of Selectmen. Alan Levine,pr.8,reported unanimous support ofthe Appropriation Committee. 8:57 p.m. Masha Traber,pr.5, spoke in support and reviewed `Liberty Ride'operation. 8:58 p.m. McKenna Amendment Unanimously Adopted. 8:58 p.m. Amended Motion of Article 4, IlriO 1t0ri1S 2300 BL 7300(Personal Services&Expenses) Unanimously Adopted Alan Levine,pr.8, served notice of reconsideration on Article 4, line items 2300 and 7300. 9:00 p.m. Presented by Selectman Norman Cohen. � ARTICLE 23: RESCIND PRIOR BORROWING AUTHORIZATIONS MOTION: That the unissued portions of the debt authorizations voted under Article 30B of the Warrant for the 2005 Annual Town Meeting and Article 32C of the Warrant for the 2005 Annual Town Meeting are hereby rescinded. 9:00 Mr. Cohen explained requested action and reported unanimous support of the Board of Selectmen. Charles Lamb,pr.4,reported unanimous support of the Capital Expenditures Committee. Alan Levine,pr.8, reported unanimous support of the Appropriation Committee. 9:00 p.m. Alan Levine,pr.8, served notice of reconsideration on Article 4, line items 2300, 7300 Personal Services and 7300 Expenses. 9:03 p.m. Members spoke in favor and opposition, questioning unexpended funds balance, Concord Ave. @ Waltham St. traff'ic issues and unused funds. 9:07 p.m. Ephraim Weiss,pr.5, moved to divide the motion. With sufficient members standing,the Moderator ruled to divide the motion,with Article 30B,2005 Annual Town Meeting [Part A] and Article 32C, 2006 Annual Town Meeting [Part B]. 9:08 p.m. David Kanter, pr.7,reported the Capital Expend.itures Committee discouraged retaining the funds, supporting reauthorization when needed information is available. 9:09 p.m. Ephraim Weiss,pr.5, questioned previous procedures followed. 9:10 p.m. Part A—Motion Adopted Part B—Motion Adopted. � 9:11 p.m. Charles Lamb,pr.4, served notice of reconsideration of Article 23. � x � 9:12 p.m. Presented by Selectman Peter Kelley. � o ARTICLE 30: AMEIVD GENERAL BYLAW—STORMWATER � � MOTION: That the Code of the Town of Lexington be amended by adding a new � o Chapter 114, entitled"Stormwater Bylaw", as set forth as an attachment to this motion ,� �' and on file with the Town Clerk, and further that nonsubstantive 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. � . � � ; [ATTACHMENT.)J � o STORMWATER MANAGEMENT BYLAW � � . �, ,� §AAA-1. General provisions. � o A. Purpose. �� The purpose of this Stormwater Management Bylaw is to: � � (1) Protect,maintain and enhance the public safety, environment, health, and o , general welfare by establishing minimum requirements and procedures to R, a control the adverse effects of development; and �� (2) Establish a mechanism by which the Town can meet the requirements of its National Pollutant Discharge Elimination System(NPDES) General Permit. : __ __ ---- ____-- --- _ __ _ �_ _ ____ _ _ . __ ---__ ------ ---_ 2008 Annual Town Meeting—March 31, 2008, continued... � 4; 9 B. Compatibility with other permit and bylaw requirements. This Bylaw is not intended to interfere with, abrogate or annul any other Bylaw, rule or regulation, statute, or other pr.ovision of law. The requirements of this Bylaw should be considered minimum requirements, and where any provision of this Bylaw imposes restrictions different from those imposed by any other Bylaw,rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment sha11 be considered to take precedence. ' C. Adoption. This Bylaw is adopted under authority granted by the Home Rule Amendment of the Massachusetts Constitution, the Home Rule statutes, and pursuant to the rules and regulations of the Federal Clean Water Act found at 40 C.F.R. 122,34, and as _._ authorized by the residents ofthe Town of Le�ngton under Article 30 at the Annual Town Meeting of 2008. This Bylaw sha11 not take effect until implementing rules and regulations are adopted pursuant to Section S.B. D. Enforcement authority. The Stormwater Agency shall enforce this Bylaw and resulting regulations, orders, violation notices, and enforcement orders, and may pursue all civil and criminal remedies for such violations. Enforcement shall be further defined and included as part of the Stormwater Management Regu.lations. E. Penalties. Any person violating this bylaw is subject to any applicable penalties or other legal enforcement action by the Town. F. Appeals. The decisions or orders of the Stormwater Agency shall be final. Further relief of a decision by the Storxnwater Agency made under this Bylaw shall be reviewable in the Superior Court in an action filed within 60 days thereof, in accordance with M.G.L. c. 249, § 4. G. Remedies not exclusive. The remedies listed.in this by-law are not exclusive of any other remedies available under any applicable federal, state or local law. §AAA-2. Definitions. � The definitions contained herein apply to the interpretation and implementation of this Bylaw. x� Terms not defined in this section sha11 be construed according to their customary and usual meaning unless the context indicates a special or technical meaning. Additional definitions may be adopted by separate regulation. ALTER—Any activity that will measurably change the ability of a ground surface area#o absorb water or will change existing surface drainage patterns. Alter may be similarly represented as "alteration of drainage characteristics,"and"conducting land disturbance activities." BEST MANAGEMENT PRACTICES (BMPs)— Structural,non-structural, and managerial techniques that are recognized to be the most effective and practical means to prevent and/or reduce increases in stormwater volumes and flows, reduce point source and nonpoint source pollution, and promote stormwater quality and protection of the environment. DEVELOPMENT—Any alteration, construction, disturbance, improvement or modification of land or structures to accommodate a use, expansion of use or redevelopment on a site. LOW IMPACT DEVELOPMENT(LID)—is a set of strategies that seek to maintain natural hydrologic systems both during and after the development process. This approach is implemented by engineering a site so that the post-development hydrologic functions remain close to pre-development conditions by using design techniques that infiltrate, filter, store, evaporate and detain stormwater runoff close to its source. MIINICIPAL SEPARATE STORM SEWER SYSTEM(MS4)—A conveyance or system of r—� conveyances (including roads with drainage systems,municipal streets, catch basins, curbs, ' gutters, ditches,man-made channels, or storm drains) designed or used for collecting or i.__ conveying storm water, which is not a combined sewer,that is owned or operated by a city or town having jurisdiction over disposal of sewage, industrial wastes, storm water, or other wastes,that discharges to waters of the United States. NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM(NPDES)—As authorized by the Federal Clean Water Act,the NPDES permit program controls water pollution by regulating point sources that discharge pollutants into waters of the United States. RLTNOFF—A term used to describe the water from rain, snowmelt or irrigation that flows over the land surface and is not absorbed into the ground, instead flowing into streams or other surface waters or land depressions. SITE—the parcel of land being developed or a designated planning area in which the land ` development project is located. 4 5 0 2008 Annual Town Meeting—March 31, 2008, continued... STORMWATER—Water that accumulates on land because of storms, and can include runoff from urban areas such as roads and roofs. STORMWATER AUTHORITY—The entity responsible for adopting regulations pursuant to this Bylaw. STORMWATER AGENCY—The Town's Department of Public Works Engineering Division is designated to adxninister, implement and enforce this Bylaw. STORMWATER MANAGEMENT—The use of structural or non-structural practices that are designed to reduce and control stormwater runoff pollutant loads, discharge volumes and/or ' peak flow"discharge rates. STORMWATER MANAGEMENT PERMIT—A permit issued by the Stormwater Agency, after review of an application,plans, calculations, and other supporting documents, approving r a system that is designed to protect the environment of the Town from the deleterious affects of uncontrolled and untreated stormwater runoff. §AAA-3. Regulation of discharges to the municipal storm sewer system. A. Prohibited activities. The prohibition of illicit connections and discharges to the municipal storm sewer system is necessary for the protection of local water bodies and groundwater and to safeguard public safety, health and welfare. (1) Illicit discharges. No person shall dump, discharge, cause or allow to be dischaxged any pollutant or non-stormwater discharge into the municipal separate storm sewer system(MS4), into a watercourse, or into the waters of the Commonwealth. (2) Illicit connections. No person shall construct,use, allow, maintain or continue any connection to the municipal storm sewer system, except as exempted in Section 3.B below. (3) Obstruction of the municipal storm sewer system. No person shall obstxuct or interfere with the normal flow of stormwater into or out of the municipal storm sewer system without prior written approval from the Stormwater Authority. (4) Alteration of the MS4. No person sha11 modify or remove any part of the MS4 including surface drainage or piping that crosses private property if it serves the public as part of the drainage system. B. Exemptions. � Stormwater discharges that are wholly subject to jurisdiction under the Wetlands Protection Act or the Wetland Protection Code of Lexington and demonstrate compliance with the Massachusetts Storm Water Management Standards as most recently revised and updated in accordance with revisions to the Wetlands regulations 310 CMR 10.00, and as reflected in an Order of Conditions or in a Determination of Applicability issued by the Conservation Commission are exempt from compliance with this section of the bylaw. §AAA-4. Regulation of stormwater management practices. A. Applicability This Bylaw shall be applicable to the following activities: (1) Any activity that results in a land disturbance greater than one acre of land, or . any activiiy that disturbs less than one acre if that project is part of a larger common plan of development that eventually will disturb more than one acre of land; or (2) A new dwelling on a vacant lot, a new dwelling replacing an existing dwelling, or the reconstruction of an existing dwelling that is demolished to the extent of 50% or more of its replacement cost, as determined by the Building Commissioner or designee; or (3) Any development project that: [1] Requires a Special Permit or a Special Permit with Site Plan Review; or [2] Requires approval of a Definitive Plan under the Subdivision Control ; Law. B. Exemptions � No person who meets the applicability of this bylaw shall alter land within the Town of Lexington without having obtained a Stormwater Management Permit, except as follows: (1) Any work or projects for which all necessary approvals and permits have been issued before the effective date of this Bylaw; (2) Normal maintenance and improvement of land in agricultural use as defined by the Wetlands Protection Act, M.G.L. c. 131, § 40, and its implementing regulations at 310 C.M.R. 10.04, ` _ __- _ __ __ ---- _ _ _ _ � _.. ___ __ _ _ 2008 Annual Town Meeting—March 31, 2008, continued... 4 5 1 (3) Use of land for the primary purpose of agriculture,horticulture, floriculture, or viticulture, or the use, expansion, or reconstruction of existing structures for the primaxy purpose of agriculture,horticulture, floriculture, or viticulture, as protected under the Zoning Act, M.G.L. c. 40A, § 3; (4) Customary cemetery management; (5) Stormwater discharges that are wholly subject to jurisdiction under the Wetlands Protection Act or the Wetland Protection Code of Lexington and demonstrate compliance with the Massachusetts Storm Water Management ' Standards as most recently revised and updated in accordance with revisions to the Wetlands regulations 310 CMR 10.00, and as reflected in an Order of Conditions or in a Determination of Applicability issued by the.Conservation Commission. _,_ (6) The construction,reconstruction, or repair of any fence or wall that will not alter the existing terrain or drainage patterns; (7) Construction of utilities (gas, water, electric,telephone, etc.) other than drainage,which will not permanently alter terrain, ground cover, or drainage patterns; (8) Emergency repairs to any stormwater management facility or practice that poses a threat to public safety or health, or as deemed necessary by the Stormwater Authority. §AAA-5. Administration. A. The Stormwater Authority The Board of Selectmen shall be the Stormwater Authority. B. Stormwater Management Regulations The Board of Selectmen may adopt, and periodically amend, rules and regulations relating to the terms, conditions, definitions, enforcement, fees (including application, inspection, and/or consultant fees),procedures and administration of this Stormwater Management Bylaw after conducting a public hearing to receive comments on any proposed revisions. Such hearing dates shall be advertised in a newspaper of general local circulation at least fourteen(14) days prior to the hearing date. After public notice and public hearing, the Stormwater Authority may promulgate rules and regulations to effectuate the purposes of this Bylaw. C. The Stormwater Agency The Town's DPW Engineering Division shall be responsible for the day-to-day administration of the Stormwater Management Bylaw and the Stormwater Management Permit granting authority. D. Actions by the Stormwater Agency The Stormwater Agency shall take fmal action within thirty(30) days from the receipt of a complete application unless such time is extended by written agreement between the applicant and the Agency. The Stormwater Agency may take any of the following actions on an application for a Stormwater Management Permif: (1) Approve the application; (2) Approve the application with conditions; ar (3) Disapprove the application. E. Stormwater"Buy-Out" - The Stormwater Agency may allow the applicant to contribute to the construction of a public or shared stormwater facility in lieu of an onsite stormwater facility where it has been demonstrated that there is not sufficient space for onsite stormwater best management practices. F. Waivers The Stormwater Agency may waive strict compliance with any requirement of this Bylaw,where such action is allowed by federal, state and local law or regulations, is in the public interest and consistent with the purpose and intent of the Bylaw. _, Any applicant may submit a written request for a waiver as part of the application process. Such a request shall be accompanied by an explanation or documentation supporting the waiver request and demonstrate that strict application of the Bylaw or Regulations is not necessary to meet the purposes or objectives of the Bylaw. G. Stormwater Utility � The Stormwater Agency may recommend to the Board of Selecixnen�the formation of a Stormwater Utility,pursuant to M.G.L. c. 83, § 16 and c. 40, § lA, as a specia.l assessment district to generate funding specifically for stormwater management. Users within the district pay a stormwater fee, and the revenue thus generated directly supports maintenance and upgrade of the existing municipal separate storm sewer ` system(MS4); development of drainage plans, flood control measures, and water- � 5 2 2008 Annual Town Meeting—Ma�ch 31, 2008, continued... quality.programs; administrative costs; and construction of major capital improvements. §AAA-6. Low Impact Development(LID) and Better Site Design The use of non-structural LID Management practices and Better Site Design are encouraged to minimize reliance on structural management measures. The use of Better Site Design andlor LID Management Practices may, if approved by the Stormwater Agency, also allow for a � reduction in the treatment volume, a reduction of applicable fees associated with the project, or ' other incentive approved by the Agency. §AAA-7. Severability � If any court of competent jurisdiction declares that any section,provision,paragraph, sentence, or clause of this Bylaw, or any rule or regulation promulgated hereunder, is invalid or - unconstitutional, any other section,provision, sentence or clause thereof, or other rule or regulation promulgated hereunder, shall remain in full force and effect. -------------------- 9:13 p.m. Charles Hornig,pr.8,reported support of the Planning Board. 9:16 p.m. Staff responded to Member's questions regarding implementation and appeal process and role of municipal departments and Conservation Commission. 9:29 p.m. Motion Adopted 9:30 p.m. Dawn McKenna,pr.6, served notice of reconsideration of Article 30. 9:30 p.m. Presented by Selectman Hank Manz. ARTICLE 33: AMEND GENERAL BYLAW-TERMS FOR CERTAIN CONTRACTS MOTION: To see if the Town will vote to amend Chapter 32 of the Code of the Town of Lexington by adding a new § 32-4 as follows: � ao � o § 32-4. Unless otherwise prohibited by law,the Town and all of its departments, under � N the supervision of the Town Manager, are authorized to solicit, award and enter � �� into certain types of contracts for periods shown below, including any renewal, � ,;o extension or option provision, subj ect to annual appropriation, applicable state � �" procurement laws, and the approval of the Board of Selectmen for contract ° `�o terms greater than three years: � �� Years �,x�; Lease of public lands and buildings 20 � o � Lease of any equipment 10 � �"' Lease purchase of any equipment 10 o ,�� Maintenance agreements for equipment,buildings or grounds 5 �' ''''�' Trans ortation services 10 a � �n P ��° Purchase of oil,fuel and electricity 5 Lighting maintenance ' 10 Waste Disposal and Recycling 20 Water Supply 20 All other contracts 5 And further,that nonsubstantive 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. Mr. Ma,nz reported the unanimous support of the Board of Selectmen. Susan McLeish reported the unanimous support of the Appropriation Committee 9:32 p.m. Motion Unanimouosly Adopted. 9:33 p.m. Presented by Selectman Hank Manz. ARTICLE 34: AMEND NON-CRIMINAL DISPOSITION BYLAW (BURGLAR AND OTHER ALARMS) MOTION: That Chapter 1, paxagraph 1-6.B of the Code of the Town of Lexington �--� � o be amended by inserting the following under the subsection thereof labeled "Chapter � "' 187, Selectmen, Board ofl': � - � . � � � �; o "Rules and Regulations relating to Automatic Voice Dialers (§187-87), Alarm � �"' Registration(§187-88), Duties of Alarm User-Proper Use (§187-89)and Alarm ° "' o Service Fee (§187-92) � �� Fine Schedule: �� a lst offense: $50 per violation ro v � 2nd offense: $100 per violation o � � 3rd and subsequent offenses: $200 per violation" s� .� +.� a � �n a c� o � � a , _ __ __- __ -- _ � _ ___---_ _ _ _ __ __ _ _ _ _ _ _._ _, 2008 Annual Town Meeting—March 31, 2008, continued... 4 5 3 and further that nonsubstantive changes to the numbering of the bylaw be permitted in order that it be in compliance with the numbering format of the . Code of the Town of Lexington. 9:33 p.m. Mr. Manz explained and responded to questions from members regaxding current fine structure. Police Chief Christopher Casey responded to additional questions. 9:37 p.m. Unanimously Adopted. Moderator Margery Battin recused herself from presiding on Article 35 and appointed Norman Cohen as Temporary Moderator for this article. ___ 9:37 p.m. Presented by Maxgery Battin,At-Large. ARTICLE 35: AMEND GENERAL SYLAW—DEPUTY MODERATOR MOTION: That Chapter 118 of the Code of the Town of Lexington be amended o �,� by deleting paragraph B of§ 118-11 in its entirety and replacing it with the following: rt �. '� . m �' o p.• � C `B. To the extent that this bylaw is not inconsistent with Chapter 215 of the � o a Acts of 1929, as amended,the Moderator may, at the first session of the annual rt x� town meeting or the first town meeting following the election of the Moderator, �� y nominate a voter as Deputy Moderator, subject to the election by the town o �, o meeting members,to serve throughout the Moderator's term of office as N b � temporary Moderator with all the powers and duties of the Moderator, in the o :' � event of the Moderator's absence,recusal, or disability, or a mid-term vacancy °o � u� in the office of the Moderator,until such vacancy is filled according to law." �, ro oK ow and further that nonsubstantive changes to the numbering of this bylaw be r° ~ permitted in order that it be in compliance with the numbering format of the Code of Lexington. 9:37 p.m. Margery Battin explained purpose and justification for the motion. 9:41 p.m. Jeanne Krieger reported the unanimous support of the Board of Selectmen. � Margery Battin responded to questions from Members regarding the powers of the Deputy `�� Moderator, ability of the meeting to replace the deputy moderator. Town Counsel William Lahey explained authority of Town Meeting: 9:49 p.m. Unanimously Adopted. Margery Battin returns as Moderator. 9:50 p.m. Presented by Stewart Kennedy,pr. 8. ARTICLE 36: AMEND GENERAL BYLAW—SNOW/ICE REMOVAL (CITIZENS' PETITIOl� MOTION: That §100-3A. of Chapter 100 of the Code of the Town of Lexington be amended to read as follows: "§100-3A. No owner or agent having charge of any building or lot of land , abutting on a sidewalk within the Town of Lexington shall place or permit or suffer to remain for moTe than twelve hours between sunrise and sunset, or, in the case of any sidewalk within the commercial and industrial districts as defined in §135-2 of the Zoning By-Law of the Town of Lexington, four hours between sunrise and sunset, any snow or ice upon such sidewalks which impedes the orderly flow or safety of pedestrian ixaffic upon such sidewalks, unless such ice is made even and covered with sand or some like material to L prevent slipping." and further that nonsubstantive 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. 9:50 p.m. Article Sponsor Jean Williaxr�s, 8 Stratham Rd,reviewed proposed bylaw. 9:56 p.m. Selectman Jeanne Krieger reported the unanimous opposition by the Board of Selectmen. Members spoke in favor and opposition, identifying issues with hazardous walkways, bylaw practicality,public and private ways,bylaw enforcement and liability issues. 10:23 p.m. Steven Heinrich,pr.3,moved the question. Motion Adopted 4 5 4 2008 Annual Town Meeting—March 31, 2008, continued... 10:24 p.m. Motion under Article 36 Not Adopted. � 10:25 p.m. Charles Lamb,pr.4, served Notice of Reconsideration of Article 36. 10:25 p.m. Moderator Maxgery Battin recused herself from Moderator and designated Selectman Norman Cohen as Temporary Moderator for Article 38. 10:25 p.m. James Lowry,pr.5, questioned the time and appropriateness for Town Meeting ' to take up another article. 10:25 p.m. Ephraim Weiss,pr.5,moved adjournment unti17:30 p.m., Monday, Apri14, 2008, Cary Memorial Hall. � 10:25 p.m. Motion Adopted. A true copy. Attest: �� Donna M. Hooper; Town Clerk Apri17,2008 Adjourned Session of the 2008 Annual Town Meeting The Moderator declared the fifth session of the 2008 Annual Town Meeting in session, Monday, Apri17, 2008 at 7:30 p.m., Cary Memorial Hall. A quorum of 178 members was present. Moderator Margery Battin declared a recess for presentation by William Dailey to Conservation Commission Chairperson Joyce Miller. 7:44 p.m. The Moderator declared the meeting in session and recognized Selectman Hank Manz for an explanation of the tree gift fund and contributions received. The Moderator then reviewed order of business for this evening, and the next. ARTICLE 2: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES (� 7:45 p.m. William Kennedy,pr.9, moved the report of LexHAB be accepted and placed � on file. Mr. Kennedy reported. Unanimously Adopted. 7:48 p.m. Charles Lamb,pr.4, moved the report of the Capital Expenditures Committee be accepted and placed on file. Unanimously Adopted. Mr. Lamb reported. 7:58 p.m. Betsey Weiss,pr.2,moved the Report of the Community Preservation Committee be accepted and placed on file. Unanimously Adopted. 7:58 p.m. Selectman Jeanne Krieger moved Article 40 be taken up on Monday, Apri128, 2008. Unanimously Adopted. 8:p3 p.m. Carolyn Tiffany,pr.8,moved to take up Article 42. Unanimously Adopted. ARTICLE 42: RESOLUTION—CLIMATE CHANGE (CITIZENS' PETITIOl� MOTION: That the Tov�m adopt the following resolution: Whereas global warming increasingly imperils the world's health, environment and economy; Whereas the science of climate change is a dynamic and ever evolving process,with each new year of research findings pointing to not less but more dire consequences from increasing levels of greenhouse gases in the atmosphere; Whereas there is a growing consensus among key climate scientists that previous emission reduction targets for greenhouse gases by at least 80%by the year "" 2050 in order to eventually stabilize the climate are no longer deemed to be � adequate to forestall the worst projected effects of rapid climate change; � Whereas Massachusetts will be increasingly harmed by global warming through . changes in our climate; worsening of storms, floods and droughts; damage to native plants and animal species; rising sea levels; the spread of diseases; and losses to our ecoriomy; Whereas it is widely acknowledged that the technological solutions for effectively reducing greenhouse gas emissions already exist but are not being enacted due to a lack of political will. _ _ _ __ _ __--- _ . _ � _ __ _ _ ._ _ __ 2008 Annual Town Meeting—Ap�il 7, 2008 continued... 4 � 5 Therefore, be it resolved that the Board of Seiectmen: a. Petition the President and Lexington's Representative and Senators in the Congress to create a comprehensive national initiative to achieve rapid development of sustainable energy technologies in order to reduce our dependence on fossil fuels, reduce greenhouse gases, stimulate new jobs and investment opportunities, and enhance our national security; and b. Petition the Governor of the Commonwealth and Lexington's Representatives and ' Senators in the General Court to enact legislation and regulations that would significantly and iminediately reduce carbon emissions in the Commonwealth and to create a comprehensive program of incentives for the rapid development of renewable energy and energy efficiency. ' 8:03 p.m. Kate Donahue, Lexington High School Senior,reviewed requested action. 8:05 p.m. Hank Manz reported the unanunous support of the Board of Selectmen. 8:06 p.m. Toby Sackton,pr.2, reported the unanimous support of the Ad Hoc Climate Action Committee. 8:07 p.m. Steve Kropper,pr.2,reported the support of the Energy Conservation Committee. 8:09 p.m. Motion Adopted. � 8:09 p.m. Adam Sacks,pr.2,moved to take up Article 43. Motion Adopted. ARTICLE 43: RESOLUTION—PETROLEUM SUPPLY IMPACTS (CITIZENS' PETITIOI� MOTION: That the Town adopt the following resolution: " Whereas global warming increasingly threatens the world's health, environment and economy; Whereas the conservative consensus among scientists is that the world must reduce its emissions of greenhouse gases by at least 80%by the year 2050 in order to eventually stabilize the climate, and there is recent and rapidly mounting evidence that even these amounts are significantly too little and too late; Whe�eas Massachusetts will be increasingly harmed by global warming through changes in our � climate; worsening of storms, floods and droughts; damage to native plants and animal species;rising sea levels;the spread of diseases; and losses to our economy; � Whereas Lexington as a community has the responsibility to our region,to our present and future citizens, and to the flora and fauna comprising the web of life on which we . depend and of which we are a part,to provide a healthy and sustainable environment; Whe�eas there are,without cost, resources available from citizens, civic organizations and Town Committees; Therefore,be it resolved that economic development and planning projects undertaken in the Town consider the foregoing and state iri�their proceedings and reports,the energy,planning, transportation and other implications of said projects. 8:10 p.m. Mr. Sacks addressed the motion. 8:11 p.m. Steve Kropper,pr.2, reported the Energy Conservation Committee took no position on the final motion. 8:11 p.m. Hank Manz reported the unanimous support of the Board of Selectmen. 8:12 p.m. Charles Hornig,pr.8,reported the support of the Planning Board. 8:13 p.m. Toby Sackton reported the unanimous support of the Ad Hoc Climate Action Committee.' � 8:16 p.m. Motion Adopted. 8:17 p.m. Presented by Betsey Weiss,pr.2, Community Preservation Committee. ARTICLE 9: APPROPRIATE FOR FY2009 COMMUlvITY PRESERVATION ; COMIVIITTEE OPERATING BUDGET AND FOR CPA PROJECTS MOTION: That the Town hear and act on the report of the Community Preservation Committee on the FY2009 Community Preservation budget and,pursuant to the recommendations of the Community Preservation Committee, take the following actions: 4 5 6 2008 Annual Town Meeting—April 7, 2008, continued... That the Town reserve for appropriation the following amounts from estimated FY2009 receipts as recommended by the Community Preservation Committee a. $430,564 for the acquisition, creation and preservation of open space excluding land for recreational use; b. $1,361,900 for the acquisition,preservation,rehabilitation and restoration of historic resources; c. $638,293 for the creation,preservation and support of community housing; and ' d. $1,874,884 to the Fund Balance Available for Appropriation Reserve of the Community Preservation Fund. � And further,that the Town make appropriations from the Community Preservation Fund and other sources as follows: a. That$25,000 be appropriated from the Community Housing Reserve of the Community Preservation Fund to survey and define Affordable Housing Programs. b. That$9,850 be appropriated from the Historic Resources Reserve of the Community Preservation Fund for the restoration of Belfry Hill trees. c. That$600,000 be appropriated from the Community Preservation Fund Balance for the restoration of the Hancock-Clarke House. d. That$60,000 be appropriated for the Old Reservoir Management project of which $55,000 is from the Fund Balance Available for Appropriation Reserve of the Community Preservation Fund and$5,000 be transferred from retained earnings of the Recreation Enterprise Fund. e. That$158,686 be appropriated from the Community Housing Reserve of the Community Preservation Fund for Vynebrook Village window replacement. f. That$150,000 be appropriated from the Historic Resources Reserve of the Community Preservation Fund for archive record management and conservation. g. That$652,800 be appropriated from the Community Housing Reserve of the . Community Preservation Fund for the Parker Manor Condo purchases. h. That Senior Center design,renovation and expansion project be indefinitely postponed. r-, i. That$75,000 be appropriated from the Fund Balance Available for Appropriation Reserve of the Community Preservation Fund for a playground for Harrington Pre- School. . j. That$400,000 be appropriated for renovations to the old Harrington School of which$330,000 is from the Historic Resources Reserve of the Community Preservation Fund and$70,000 be raised from the general fund unreserved fund balance. k. That$95,000 be appropriated from the Historic Resources Reserve of the Community Preservation Fund for the Town Office Complex building envelope. l. That$47,500 be appropriated from the Historic Resources Reserve of the Community Preservation Fund for the East Lexington Fire Station. m. That$70,000 be appropriated from the Historic Resources Reserve of the Community Preservation Fund for ADA accessible bathrooms and signs for the Town Off'ice Building. n. That$80,000 be appropriated from the Historic Resources Reserve of the Community Preservation Fund for a use study and renovation design of the Town Office Building. o. That the Stone Building renovation project be indefinitely postponed. p. That the proposed land acquisitions be indefinitely postponed. q. That$579,550 be appropriated from the Historic Resources Reserve of the Community Preservation Fund for the replacement of the Munroe Center fire prevention system. r. That$50,000 be appropriated from the Fund Balance Available for Appropriation � Reserve of the Community Preservation Fund to meet the administrative expenses ._.� . and all other necessary proper expenses of the Community Preservation Committee for FY2009. Ms. Weiss reported current status of the Community Preservation Act funding,reviewed request for the reserve for appropriation- Items a-d, and reported unanimous support of the Board of Selectmen. 8:28 p.m. David Kanter,pr.7,reported the unanimous support of the Capital Expenditures Committee,for reserve for appropriation-Items a-d. , _ __ __ _ ____ _ - _ _ - � ___ __ _ __ __ _ _ _ __ _ __ _--- _-- _ 2008 Annual Town Meeting—ApYil 7, 2008, continued... � 5 7 Alan Levine,pr.8, reported the unanimous support of the Appropriation Committee for reserve for appropriation-Items a-d. Part I Reserve for appropriation-Items a-d -Unanimously Adopted. � Charles Lamb served notice of reconsideration of Article 9, Part I a-d. Part II—Appropriate— 8:30 p.m. Betsey Weiss presented request for Part II (a) and reported Committee ' support(9-0). Norman Cohen reported unanimous support of the Board of Selectmen. David Kanter,pr.7,reported unanimous support of Capital Expenditures Committee. Charles Hornig,pr.8, reported support of the Planning Board. _ Alan Levine,pr.8, reported disapproval (6-2) of the Appropriation Committee. Deborah Brown,pr.7,presented the Appropriation Committee's minority report in support. 8:36 p.m. Members questioned analysis to be conducted and spoke in support. 8:37 p.m. Ken Kreutziger,px.2,reported unanimous support of the Lexington Housing Partnership Board. Martha Wood,pr.7,reported.support of the Lexington Housing Assistance Board (LexHab). 8:45 p.m. VOTE: Article 9,Part II, (a)—Motion Adopted. Charles Lamb,pr.4, served notice of reconsideration-Article 9, II, (a). 8:46 p.m. Betsey Weiss presented request for Part II (b) and reported Committee support(9-0). Norman Cohen reported unanimous support of the Board of Selectmen. David Kanter,pr.7,reported unanimous support of Capital Expenditures Committee. Eric Michelson,pr.5,reported unanimous support of the Appropriation Committee. 8:46 p.m. VOTE: Article 9,Part II, (b)—Motion Adopted. Charles Lamb,pr.4, served notice of reconsideration-Article 9, II;(b). 8:49 p.m. Betsey Weiss presented request for Part II (c) and reported Committee support(9-0). Norman Cohen reported support of the Board of Selectmen(4-1). Selectman Peter Kelley spoke in opposition and of funding private purposes. � David Kanter,pr.7,reported unanimous support of Capital Expenditures Committee. �_ Eric Michelson,pr.5,reported unanimous support of the Appropriation Committee. Members spoke in support and opposition, questioning fundraising by the Historical Society and grant possibilities. Society Executive Director Susan Bennett responded. 8:59 p.m. VOTE: Article 9, Part II, (c)—Motion Adopted. Charles Lamb,pr.4, served notice of reconsideration-Article 9, II, (c). 9:01 p.m. Betsey Weiss presented request for Part II (d) and reported Committee support(9-0). Norman Cohen reported support of the Board of Selectmen(4-1). David Kanter,pr.7,reported unanimous support of Capital Expenditures Committee. Eric Michelson,pr.5,reported unanimous support of the Appropriation Committee. 9:04 p.m. Members questioned use of community preservation funds for property yet acquired, definition of`preservation', and bacterial level at the Old Res. Recreation Director Karen Simmons responded. 9:08 p.m. VOTE: Article 9,Part II, (d)—Motion Adopted. Charles Lamb,pr.4, served notice of reconsideration—Article 9, II, (d). 9:09 p.m. Betsey Weiss presented request for Part II (e) and reported Committee support(9-0). , Norman Cohen reported unanimous support of the Board of Selectmen. �_� David Kanter,pr.7,reported unanimous support of Capital Expenditures Committee. Eric Michelson,pr.5,reported unanimous support of the Appropriation Committee. 9:10 p.m. Members questioned electric heat conversion, system upgrade payback, and energy surveys of buildings. Housing Authority staff responded to questions. 9:13 p.m. VOTE: Article 9,Part II, (e)—Unanimously Adopted. Charles Lamb,pr.4, served notice of reconsideration—Article 9, II, (e). 9:14 p.m. Betsey Weiss presented request for Part II (� and reported Committee support(9-0). ` Norman Cohen reported unanimous support of the Board of Selectmen. 4 5 � 2008 Annual Town Meeting-Ap�il 7, 2008, continued... David Kanter,pr.7, reported unanimous support of Capital Expenditures Committee. Eric Michelson,pr.5, reported unanimous support of the Appropriation Coriimittee. 9:17 p.m. Members questioned inclusion of library records, relative humidity in vaults, and storage of microfilm. Archivist Nasrin Rohani and Town Clerk Donna Hooper responded to questions. 9:22 p.m. VOTE: Article 9, Part II, (�-Unanimously Adopted. i Charles Lamb,pr.4, served notice of reconsideration-Article 9, II, (�. ' 9:23 p.m. Betsey Weiss presented request for Part II (g) and reported Committee support(8-1). ' Community Preservation Committee member Richard Pagett spoke in opposition �-� and presented a minority report Norman Cohen reported unanimous support of the Board of Selectmen. David Kanter,pr.7,reported unanimous support of Capital Expenditures Committee. Eric Michelson,pr.5, reported unanimous support of the Appropriation Committee. � Charles Hornig,pr.8,reported support of the Planning Board. 9:32 p.m. Deborah Mauger, 38 Liberty Ave., reported the unanimous support of the League of Women Voters. 9:34 p.m. Members questioned possible fmancing options, funding approaches, and LexHab options for Katandin Woods. LexHab Chairman Bill Hays responded. 9:45 p.m. Dawn McKenna,pr.6, moved the following amendment: AMENDMENT: I move that Town Meeting postpone indefinitely action under Article 9, subsection(g) unless before the dissolution of this Town Meeting,the town has received formal approval from the Department of Housing and Community Development(DHCD)that these housing units to receive funding under this subsection (g)will be counted as affordable housing units for purposes of Chapter 40B of the , Massachusetts General Laws, which notice of approval sha11 be deemed sufficient grounds for reconsideration of this subsection of Article 9. Joel Adler, for the Community Preservation Committee, spoke in opposition to amendment. Norman Cohen reported the unanimous opposition of the Boaxd of Selectmen. David Kanter reported the unanimous opposition of the Capital Expenditures Committee. � Eric Michelson reported the unanimous opposition of the Appropriation committee. Charles Hornig reported the opposition of the Plannulg Board. "` 9:53 p.m. Members spoke in opposition and questioned remaining balance in the Community Preservation fund. 9:57 p.m. McKenna Amendment Not Adopted. 9:58 p.m. Martha Wood, pr.7, spoke in support of 9(g) and reported the support of LexHab and the Lexington Housing Partnership Board. Members spoke in opposition and in support. 10:02 p.m. VOTE: Article 9,Part II, (g)-Motion Adopted. Charles Lamb,pr.4, served notice of reconsideration-Article 9, II; (g). 10:03 p.m. Betsey Weiss presented request for indefinite postponement of Part II (h). Norman Cohen reported unanimous support of the Board of Selectmen. David Kanter,pr.7,reported unanimous support of Capital Expenditures Committee. Eric Michelson,pr.5,reported unanimous support of the Appropriation Committee. 10:04 p.m. VOTE: Article 9, Part II, (h)-Motion to Indefinitely Postpone Unanimously Adopted. 10:04 p.m. Betsey Weiss presented request for Part II (i) and reported Committee support (9-0). Norman Cohen reported unanimous support of the Board of Selectmen. David Kanter,pr.7, reported unanimous support of Capital Expenditures Committee. • Eric Michelson,pr.5, reported unanimous support of the Appropriation Committee. �� 10:06 p.m. VOTE: Article 9, Part II, (i)-Unanimously Adopted. I Charles Lamb,pr.4, served notice of reconsideration-Article 9, II, (i). ,_.,� 10:06 p.m. Betsey Weiss presented request for Part II (j) and reported Committee support(7-2). Norman Cohen reported support of the Board of Selectmen(4-1). David Kanter,pr.7,reported unanimous support of Capita.l Expenditures Committee. Eric Michelson,pr.5,reported unanimous support of the Appropriation Committee. 10:09 p.m. Members spoke in support and opposition, questioning intent for school committee to occupy the building,possible need for classroom use, and `historic' classification of the school building. ' _ __ __ ___ ____ _ _ ___ � __-- -__ _ __ __ _ _ _ _ 2008 Annual Town Meeting—Ap�il 7, 2008, continued... � J 9 Marilyn Fenollosa, Community Preservation Committee, explained identifying the building as `historic'. Public Facilities Director Patrick Goddard responded to questions regarding utility usage and costs. School Committee Chairman Tom Diaz addressed questions. 10:34 p.m. Robert Whitman,pr.3, moved the question. Motion Adopted. 10:34 p.m. School Committee Cha.irman Tom Diaz summarized request, acknowledged respect for `historical' discussion and possible funding sources, and requested support. 10:3 5 p.m. Charles Lamb;pr.4,requested a standing vote. ' 10:40 p.m. Following a standing vote,tallied as follows: Precinct YES NO 1 5 7 � 2 7 7 _ 3 8 6 4 11 5 5 9 9 � 6 6 11 7 11 4 8 7 9 9 113 6 AL 16 3 Total 93 � 67 Motion Adopted. 10:40 p.m. Selectman Jeanne Krieger moved adjournment until 7:30 p.m., Wednesday, April 9, 2008 at Cary Memorial Hall. Unanimously Adopted. A true copy. Attest: �� y, �(��t onna M. Hooper, To Clerk April 9,2008 Adjourned Session of the 2008 Annual Town Meeting �� The Moderator declared the sixth session of the 2008 Annual Town Meeting in session, Wednesday,April 9, 2008 at 730 p.m., Cary Memorial Ha11. A quorum of 169 members was present. Richard Canale reported his intent to abstain from voting on Articles 49 & 50. ARTICLE 2: REPORTS OF TOWN BOARDS, OFFICERS, CONIlVIITTEES 7:30 p.m. Charles Hornig,pr.8, moved the report of the Planning Board be accepted and placed on file. Unanimously Adopted. Mr. Hornig reported. 7:43 p.m. Selectman Jeanne Krieger moved to postpone the remaining sections of Article 9 to the first order of business on Monday, April 14, 2008. Unanimously Adopted. 7:44 p.m. Charles Hornig moved Article 49 be taken up. Unanimously Adopted. ARTICLE 49:AMEND ZONING BY-LAW, SPECIAL PERMIT RESIDENTIAL DEVELOPMENT 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, and further that nonsubstantive 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. ,4 � 0 2008 Annual Town Meeting—April 9, 2008, continued... [MOTIONINPLANNING BOARD REPORTJ: MOVED: A. That Section 135,Article IX"Residential Development" of the Zoning By-Law be amended by deleting the entire Article IX and replacing it with a new Article IX"Special � Permit Residential Developments". The new Article IX is as follows: � x � ARTICLE IX Special Permit Residential Developments � �d o � � ' §135-44. Special Permit Residential Developments � o A. A Special Permit Residential Development is a project in which one or more lots, tracts, � � or parcels of land are to be improved for use as a coordinated site for housing. No � ,; Special Permit Residential Development shall be initiated without first obtaining a ' � � special permit with site plan review in accordance with the provisions of this section. The � ,� purpose of the special pernut with site plan review is to provide detailed review of � � residential developments that have a substantial impact upon the character of the town, � o adjacent residential axeas and the provision of public facilities and services. All ° �' residential developments require a special permit except for a single dwelling on a single � o0 o lot, dwellings in two-lot conventional subdivisions and dwellings on lots created by the ,n� ANR process on an existing street. (For Planned Residential Developments see Article b .. VIII.) v � � �°, ,; B. The provisions of this section are intended to: a a �� (1) ensure that the development of multiple dwellings does not detract from the livability, scale, character or economic value of existing residential neighborhoods; (2) encourage greater diversity of housing opportunities in Lexington to meet the needs of a population which is diversified with respect to number of persons in a household, stage of life, and income; (3) encourage the development of affordable housing (4) promote development proposals designed with sensitivity to the characteristics of the site that otherwise might be limited by application of uniform, largely geometric standards; (5) permit different types of structures and residential uses to be combined in a planned ,� interrelationship that promotes an improved design relationship between new � buildings and public facilities and common open space; � (6) preserve historically or architecturally significant buildings or places; (7) encourage the preservation and minimum disruption of outstanding natural features of open land and to minimize impacts on environmentally sensitive axeas; (8) encourage sustainable development through the use of green building practices and low-impact development techniques; (9) promote the efficient and economical provision of public facilities such as utilities and streets and facilitate a detailed assessment,by town officials and the public, of the adequacy of such facilities and services for the proposed level of development. §135-45. Types of Special Permit Residential Development. A. A Special Permit Conventional Development(SPCD) is the development of a conventional subdivision of three or more lots. B. A Site Sensitive Development(SSD) is the development of a parcel with configurations of lots allowing flexibility and creativity in residential development through reductions in minimum lot size and frontage requirements in order to minimize site disturbance,preserve historic and sensitive natural resources, and allow for efficient patterns of construction to lower development cost. The number of dwellings in a Site Sensitive Development may not exceed the number of dwellings that could be constructed in the development of a conventional subdivision. '. C. A Balanced Housing Development(BHD) is a development allowing deviation from the dimensional standards that apply to developments in conventional subdivisions in order to achieve a balance of housing choices for a diversity of household types and sizes. Instead of determining density by minimuxn lot size and frontage requirements,the amount of residential development for the tract as a whole is based on calculations of gross floor area and impervious surface area derived from a conventional development plan for the tract of land. _. --- --_ ___ _ . __ , _,_ � _ _- -- -- . 2008 Annual Town Meeting—April 9, 2008, continued... 4 s 1 D. A Public Benefit Development(PBD) is a type of Balanced Housing Development that allows increases in gross floor area and impervious surface area in return for the creation of 10% of the units as affordable housing. 135-46. Development Standards. An applicant is not entitled to the maximum development, nor is the applicant entitled to approval of a Special Permit Residential Development. The amount of development pernutted will be based � on a fully complying proof plan and the Planning Board's evaluation of the extent to which the proposed development complies with the criteria set forth below. , A proof plan is a plan showing the layout of lots and roadways for the development tract that fully i complies with the requirements of the Zoning By-law and the Planning Board's Development Regulations for a conventional subdivision. (See §175-11.A(8).) A. Special Permit Conventional Developments Each lot within a Special Permit Coriventional Residential Development must comply with the dimensional standards set forth in Table 2 and elsewhere in this By-Law. In addition,the following standards must be met: (1)The impervious surface ratio of each improved lot may not exceed 0.20 in an RS or RT district, or 0.12 in an RO district. (2)A dwelling erected on a single lot, including any addition thereto,having a gross floor axea of 2500 square feet or more, shall have minimum rear and side yards of 25 feet. (3)At least 90% of the required minimum lot area must be contained in a contiguous developable site area. B. Site Sensitive,Balanced Housing and Public Benefit Developments In Site Sensitive Developments, Balanced Housing Developments and Public Benefit Developments the following standards must be met: (1) The requirements of Table 2 are modified as follows: � (a) Lot area. There is no minimum lot area required. Individual lot area shall be sufficient to meet off-street parking requirements of this By-Law and the installation of any on- site water supply and sewage disposal facilities. (b) Frontage. There is no minimum frontage required. Frontage for each lot sha11 be sufficient to provide for adequate access to the building site. Where shared driveways or other circumstances render frontage on a street to be of no 'importance,none is � required. (c) Yard requirements. Yards required by Table 2 shall apply to the perimeter of the site, but are not applicable between dwellings within the site. (d) Site coverage. There is no m�imum site coverage perxnitted for individual lots. Site coverage for the development tract as a whole is limited as described below. (2) Gross Floor Area. (a) Site Sensitive Developments. There are no limits to the gross floor area of the dwellings (but see the impervious surface lixnit in subsection(4) and the site coverage liinit in subsection(5)). ' (a) Balanced Housing Developments. The total gross floor area(GFA) of all structures � in the development shall be less than tlie nuxnber of lots shown on the proof plan multiplied by 7,200 squaxe feet. (b) Public Benefit Developments. The total gross floor area(GFA) of all structures in the development sha11 be less than the number of lots shown on the proof plan multiplied by 8,640 square feet. (3) Dwelling unit count and limitations on unit size. (a) Site Sensitive Developments. The number of dwellings shall not exceed the number of dwellings shown on the proof plan. � 4 6 2 2008 Annual Town Meeting—April 9, 2008, continued... (b) Balanced Housing Developments. The number of dwelling units permitted is not prescribed. Fifty(50%) of the total units axe restricted in size. At least twenty-five percent(25%) of the dwelling units must have a GFA not larger than 2,700 square feet; and at least fifty percent(50%) of the dwelling units must have a GFA not larger than 3,500 square feet. (c) Public Benefit Developments. The number of dwelling units permitted is not prescribed: Fifty(50%) of the total units are restricted in size. At least twenty-five • percent(25%) of the dwelling units must have a GFA not larger than 2,700 square feet, and at least fifty percent(50%) of the dwelling units must have a GFA not larger than 3,500 square feet. In addition,ten percent (10%) of the total number of dwelling units in the development must be affordable to households earning no more than 80% � of the Area Median Income (See §135-48C(9)(b)). (4) Maximum Impervious surface. (a) Site Sensitive Developments. The impervious surface limit in an SSD is based on the proof plan. The limit for the development as a whole is calculated as follows: Step 1: Deternune the area in square feet of each lot shown on the proof plan. For each lot in a RS or RT district, multiply its lot area by .20; for each lot in the RO district, multiply its lot area by .12. Step 2: Determine the total area of the impervious surfaces contained on the proof plan that are not contained within lots, such as roads, sidewalks, and similar surfaces. Step 3: The impervious surface limit for the SSD is the sum of the impervious surface calculations from steps one and twa (b) Balanced Housing Developments. The impervious surface limit in a BHD is calculated in the same manner as tfiat of a SSD. (c) Public Benefit Developments. The impervious surface limit in a PBD is calculated in the same manner as that of a SSD and increased by twenty percent(20%), i.e. ._, multiplied by 1.20. ' (5) Maximum Site Coverage. � (a) For Site Sensitive Developments,the site coverage limit is based on the proof plan. The limit for the development as a whole is calculated as follows: Step 1: For each lot on the proof plan, multiply its lat area in square feet by .15 far Iots in RS and RT districts, and by .09 far lots in RO districts. Step 2: The site coverage limit for the SSD as a whole is equal to the sum of the individuallot site coverage calculations deterxnined in Step 1. (b) For Balanced Housing Developments,there is no site coverage limit. (c) For Public Benefit Developments,there is no site coverage limit. (6) Coinmon Open Space. (a) Minimum common open space. At least 33% of the developable site area (see §135-41A) in a BHD or PBD shall be set aside as common open space. A maximum of 20% of common open space may be devoted to parking or structures used for, or accessory to, active outdoor recreation provided such parking or structures are consistent with the open space uses of such land. (b) Location; condition. Where required or provided, common open space shall be land that may be in one or more parcels of a size and shape appropriate for the intended use and ayailable for use by all occupants of a development. (c) Ownership. Common open space may be conveyed to: [1] and accepted by the Town to ensure its perpetual use as open space, conservation, recreation or park land; or [2] a legal association comprised of the owners of the development, which may include homeowners or owners of condominium or cooperative units; or [3] a non-profit organization the principal purpose of which is the conservation of open space. � [4] Easement. When such open space is conveyed to persons or entities other than the Town, an easement over such land sha11 be granted fo the Town to __ ___ __ __ _ _ __ � ____ ___. . _ _ __ __ _ _ -----_ 2008 Annual Town Meeting—April 9, 2008, continued... � 6 3 ensure its perpetual use as open space, eonservation,recreation or park land. (7) Streets and drives. The objective of this section is that adequate access for fire-fighting,medical and other emergency operations be provided from the public street system to each Site Sensitive, Balanced Housing, or Public Benefit Development. (a) Connection to public street system. Each street and interior drive, or system of ' streets or interior drives, shall connect to a public street. (b)A dead-end interior drive will be ireated in the same manner as a dead-end street, and is subject to the provisions governing a dead-end street that are found in the ; Development Regulations §175-45 E. _' (c) In a development served by a dead-end street or dead-end interior drive, a secondary means of access may be required in order to provide adequate access for fire-fighting,medical and other emergency vehicles. The Fire Chief will be consulted as to the adequacy of the access. (8) Compliance with other rules and regulations. The construction of community services, such as utilities, and of streets and interior drives shall comply with the requirements of the Planning Board's Development Regulations. 135-47. Special Permit Provisions. A. The Planning Board, acting as SPGA,may, as part of the grant of a special permit with site plan review: (1) Modify the provisions of the following sections of this By-law, as they may apply to individual dwellings or lots within a Special Permit Residential Development: SPCD SSD BHD PBD §135-35D relarive to the number of dwellings on a lot No No Yes Yes §135-36B relative to lot width No Yes Yes Yes §135-36C relative to contiguous developable site area No Yes Yes Yes §135-65A relative to the location of off-street parking spaces No Yes Yes Yes .... §135-67 relative to setbacks required for parking spaces and driveways No Yes Yes Yes §135-27E relative to the subdivision of land in relation to lots or No Yes Yes Yes buildings that are nonconforming or would not comply with this By- Law as a result of the proposed development (2) Permit the following types of buildings: SPCD SSD BHD PBD One-Family Detached Yes Yes Yes Yes Accessory Apartment Yes Yes Yes Yes Two-family No* No* Yes Yes Townhouse No No Yes Yes * Yes in RT District (3) Pernut an accessory apartment, as described in §135-19 of this By-Law, to be created in a detached, one-family dwelling in a Special Permit Residential Development. The provisions of§135-19A, B, D and F of this By-Law shall apply with the following exceptions: (a) Section 135-19B(1), which permits no more than two dwelling units on a lot, shall not apply to Balanced Housing Developments. i (b) Section 135-19D(1),which requires that the lot area shall contain at least the � minimum area required in the district in which it is located, shall not apply. (4) Allow an existing structure,that was constructed at least 10 years prior to the date of application for approval of the special permit,to be converted to a multifamily dwelling, a rooming house, a group quarters, an independent living residence, an assisted living residence, or a congregate living facility,provided the Planning Boaxd determines that: (a) The structure can be modified for a residential use that does not have adverse impacts on any adjacent single-family neighborhood; .. 4 6 4 2008 Annual Town Meeting—April 9, 2008, continued... (b) The exterior chaxacter of the structure is maintained and is compatible with any adjacent neighborhood of single-family dwellings; (c) Modification of the existing structure maintains more of the site as open space than the alternative of removal of the structure and further subdivision of the lot into house lots. B. The special permit shall incorporate by reference: • (1) The building design and definitive site development plans filed with the application for a special permit; and (2) Where applicable, any legally binding document that has been submitted to ensure the ,r� . completion and continued availability of any proposed improvement or compliance �,r,� with special conditions. 135-48. Special Permit Procedures A. SPGA. The Planning Board shall be the special permit granting authority for all Special Permit Residential Developments. In acting upon applications for special permits with site plan review, the SPGA sha11 be governed by the provisions of§§ 135-12 and 135-13. The Planning Board may grant special permits that are required for the Special Permit Residential Development, notwithstanding provisions of this By-Law designating a different special permit granting authority. B. Special permit application requirements. (1) The application for a special permit with site plan review(SPS) under this section shall be accompanied by a definitive site development plan, as described in §135-14, and as the Planning Board may describe in its Development Regulations. (2) Where the applicant also submits a definitive subdivision plan complying with the Subdivision Control Law and the Planning Board's Development Regulations, insofar as practical,the public hearing on the application for the special permit with site plan review and the definitive subdivision plan shall be held concurrently. C. Special pernut criteria for approval. The SPGA may only grant a special permit with site plan review if it makes a determination that the proposed development is consistent with the standards and criteria set forth in §135-12 and the following additional criteria: (1) Where there is common open space it sha11 include, as applicable: (a) Some, or a11, of the outstanding natural features of the site and of the man-made features, including but not limited to stone walls,that enhance the land form; (b) Land that increases visual amenities for residents of the development and of the adjacent neighborhood; (c) One or more paths or entry points specifically designed for access purposes; (2) The dwellings are sited and oriented in a complementary relationship to: each other, the common open space, and the adjacent properties with respect to scale,mass, setback,proportions and materials; (3)Negative visual impacts of the development, if any, are screened from adjacent properties and nearby streets by landscaping or other site pla.nning techniques; (4) Where opporiuriities exist, improved access is provided to, or additional links and connections are developed to, a town system of public facilities, such as open space, recreation facilities, footpaths or bicycle paths; ; (5) Any building which contains more than one dwelling unit is designed so that either: � � (a)The building has the exterior appearance of a one-family dwelling; or (b)If two-family dwellings andlor townhouses are consixucted, each individual dwelling unit has access to ground level and an opportunity for a private yard, patio, or other private outdoor space; (6) There are provisions for cominon facilities, such as recreation or parking, or for services such as the maintenance of streets, walkways or paths,utilities, landscaping or recreation facilities; ____ _ _ _ _ _ _ _ __ _ . _ - - � __ _ _ ---_ __ 2008 Annual Town Meeting—April 9, 2008, continued... 4 6 5 (7) Where there are su�cient dwelling units,the layout of the street(s) and interior drive(s)will accommodate vehicles, other than automobiles,that are used in local transportation services. (8) To the extent practicable, sustainable development techniques, including green buildings,have been utilized. (9) In addition to the fmdings and determinations required by §135-12B of this By-Law, and the criteria contained in numbers (1)-(8)herein, a Public Benefit Development • shall meet the following criteria: (a) There are sufficient benefits to the adjacent neighborhood and the town generally to warrant an increase in the maximum development otherwise permitted; and (b) Legally binding documents have been submitted that insure that Affordable Units will continue to be available to Eligible Households in perpetuity. An Affordable Unit shall be subject to maximum household income established for that unit, based on the Area Median Income (AMI) as annually determined by the U.S. Department of Hous.ing and Urban Development, assuming one more person in the household than the number of bedrooms in the unit. Eligible Households sha11 have incomes no,greater than 80% of the AMI. D. Denial of special permit. The SPGA may deny an application for a special permit with site plan review hereunder and base its denial upon: (1) A failure to comply with the provisions set forth in this Article IX; or (2)A fmding that the proposed development would not be consistent with the general objectives set forth in�135-44 or the criteria set forth in subsection C above. E. Revision of special permit. Subsequent to a special permit with site plan review granted by the SPGA under the provisions of this section,minor revisions may be made from time to time in accordance with applicable law,by-laws, and regulations, but the Special Permit Residential Development approved under such special perxnit with site plan review shall otherwise be constructed in accordance with the approved definitive site development plan. The developer shall notify the SPGA in advance of any such revision,which sha11 not be effective until approved by vote of the SPGA. If the SPGA determines that such .� revisions are not minor, it shall order that an application for a revised SPS be filed and a public hearing be held in the same manner as set forth in §135-13. [Sections 135-49 and 135-50 intentionally left blank] B. That Section 135, Article IX "Residential Development" of the Zoning By-Law be amended by moving all references to the special zoning district "RD Planned Residential Development" from Article IX into Article VIII,which is the section of the by-law dealing with Special Zoning Districts, and deleting references to useable open space. The � amended Article VIII (with the sections brought in from Article IX shown in italics for clarity) will read as follows: ARTICLE VIII SPECIAL ZONING DISTRICTS 135-42. Planned Development Districts. A. Objective. A planned development district is intended: 1) to pernut considerable flexibility in the development of tracts of land by requiring few pre-determined standards, 2) to permit a developer to propose, and for the Town to vote on a site development and use plan unique to a particulax location, 3) to permit the use of development standards more detailed than the more general � standaxds elsewhere in this By-Law, `�-f 4) to provide information for the Town to evaluate the potential impacts of a � proposed development and to enable the SPGA to require adherence to such site development plans in the granting of a special permit. B. Planned Commercial District- CD, (1) Standards for development. The Planned Commercial District CD does not have pre-deternuned standards for development. Such standards are to be proposed by the developer, included in the preliminary site development and use plan and approved by the Town Meeting. � 4 fi 6 2008 Annual Town Meeting-April 9, 2008, continued... (2) Town Meeting presentation. Each petition presented to the Town Meeting for rezoning land to a CD district shall include a preliminary site development and use plan as described in §135-14, and shall be filed in accordance with the provisions of that section. (3) Uses permitted. No use is permitted and no development may occur in a CD district except in conformity with a preliminary site development and use plan approved by the Town Meeting, the provisions of this section and a special ' perxnit with site plan review granted by the SPGA. Uses other than commercial may be in a CD district if clearly identified in the preliminary site development and use plan approved by the Town Meeting. r (4) SPGA. The Board of Appeals shall be the special permit granting authority. In I action upon applications for special permits with site plan review, the SPGA sha11 be governed by the provisions of§135-12.. C. Planned Residential Development Districts RD. (1) Standaxds for development. A number of standards for development in the planned residential development district, RD, are included here. Additional standards may be proposed by the developer and included in the preliminary site development and use plan and approved by the Town Meeting. :�lininaurn ayecr of tract tv be developecl 125,000 sf 1�Irnznzzcm f�ontage of the tr�ccct on an erzsting sCreet. 100 ft. :�finimum ya�d setback on per�imeter of t�act Front Yaf�d �D ft Side yard, rear yard 30 f't. �L�aximunz impervious s�urface ratia .�Q �linit�lutn cot�ztnan open s�ace c�s percent�rge of develo�able site r��ea 10% Nlaximun� height of b2�ildi�2g 40 ft. In un RD Distr�ict in which rhe ar-eu of the tract to be developed is not less than _ 2Q crcres and the planned f•esidential c�evelopment involves the ��edeveloprr�ent af ,, existing structur�es, wherei�� not Zess than 2.5% of such existing strzactures shall be retained or rehabilitated the following standards shall be modified as follows: �tlinifnum yaj•d setback on the�e�itneter of the t�act F�ont yaT^d 8,ft. Side varcl, re�xr yarcl 30 ft. ��Ic�inszlm ifazpe�viaus si��^f�xce r•atio 0.�� 11�Ic�ximu�� height of c�ra�ellings 60 feet. If cr str'eet ot- interiar drive in �n RD. Plrxnned Resiclential Distric-t, is located iiz a tninimum yat-c� ther�e shall be a s�creen of c�ensely planted vegetr�tr.'on andiar an ��aque fence adjace3zt to the lot line, as�rovidec� in Article X of thi.s By-La��, fof� s2rch di,stcznce as the Plar2nitzg 13oar�l may dete3�nzit�e in orcle� ta p�ovide pYoteciion foY abu�ting residential lats. Yt�iere there a�e rrao��e thun 20 dwelling uni�s in un RD District sefved by a tleacl-erzd str�eet o� c�et�d end interior c�rive, two �neans of acce.ss connectec� to the pzablic str�eet sys�tetn, suitable for fit�e fghtinb, medical anc�other� efnergency vehieles, shall be ��rovideel ta each dtivelling of� c�wellifzg unit. Dne rneans of c�ecess sliall be a stYeet o�• inler�io� drive that com�lies ivirh. the standards for streets rxnd rights�-af-way set.forth in the Subdivisian Regzcl�ctions. If'not anather- �� :str'eet, the second means af�access fnay he a per��ed ti��c�y; sacbject to the appYovc�l ._..+ of the FiYe Chief,' that.• (u) is crt least 10 feet �•vide, ancl constf•iccted in a �nanne� szaitable fof� fire-fightin�equipnzent, (b) has provision f'or snow t•errtoval and other maintetzance to t�ssure yetcr round access, czn� (c} may have cr gate or• other barrie� to ��estrict ge��e�al fnola�" V2I2tCZL' ZY'f,�ff G pt°ovided there is an easy means of openiyZg sucli gate t�r Btl�'YZ�Y ft13R emergency vehicles. __ _ _ __ _ __ __- __ _ I _ __ _ ._ _ . _ _ . 2008 Annual Town Meeting—April 9, 2008, continued... �, � 7 (2j �;onl�esidential uses�. In an RD district, the planned residentitrl development nzay al.so include camme�cicrl uses pt•ovided: (a) such uses serve p��imurily the residents of the c�evelop�nent, (b) such uses trt�e conclucted y�,ithin c�ncl may be enlered only froraz within u principal building, (e) the�e is no extef�nal evic�cnce of',such zrses visible beyond the devclf�pment tract; and (dj the cappearance arzcl charczctet• of the com�nercial uses are cofnpatihle lvilh a ' Ne.sidenticrl developtne�zt. (3) Town Meeting presentation. Each petition presented to the Town Meeting for rezoning land to an RD District shall include a preliminary site development - and use plan as described in§ 135-14 and shall be filed in accordance with the provisions of that.section. � (4) Development pernutted. No types of residential buildings may be constructed and no development may occur in an RD district except in conformity with a preliminary site development and use plan approved by the Town Meeting, the provisions of this article and a special permit with site plan review (SPS) approved by the SPGA. (S) Types of �iuilding.s perfnitted in an RD di.st�ict ar�e: one family detcrcl�ed. accessat-y apartnzent, t�vo fafnily, townhouse, three family, fou�fafrzily, ynzclti- family, rootning hoiase, g�oup quu�•ters�, ir�deperic�ent living ��esic�ence; �rssisted living residence, congr�egate living faeility,. Zong-terfn f'acility, t�nd conversion of munici�al building. (6) SPGA. The Board of Appeals sha11 be the special permit granting authority. In acting upon applications for special permits with site plan review, the SPGA sha11 be governed by the provisions of§§135-12 and 135-50. D. Convef sion of municipal huildings and surplus municipc�l lund. �! (1) General objectives. T'his section is intended tr� allo�� the conversion o.f' �--� mzcnicipal builclings ancZ the development. of Zccnd on vnhich they czre situated and of surplZ�s rtaunicipal land in a manr�e�yvlzich: (a) Encouruges�ractical Yeside»tial development zn the reuse of existing structu��es; (bj Is com�atible tivith the adjace��t neighbot�hood; (c) Encourages development. of econo�nictrlly��iced housirzg crnc�a variety of t�pes of housing; and (d) Faste�s,fZexibility ancl c3°eativity in the disp�sit�ion of sutplus��aiinici�al Pr'o�ef'tY• (2) illodified RZ� procedi�t�e. The conversion of a tnunicipr�l builc�in� o� the developnaent of su�plus municipal lat�c�shall follr�tiv the sanie pf•oceduf�es fo�the rezvning of land for the RD Pl�nnec�ResidentiaZ Development Dist�ict with the following exce�tians�: (u) The tninimzam size of the RD Planned Residential DeveloJ}ment District and mininzum a�ea of the 1��irct to be develo�ed specified above and in T�rbl.e 2 � niay be less than 12�,000 sttz�are feet; and . (bj "lhe minimum frontage o,f'the t��act on an existing str�eet specifred above and in Tc�ble 2 n�ay be less than 100 feet. I . -� (3) SPGA. The Board of Selectmen sha11 be the special permit granting authority. E. Rezoning provisions applicable to both CD and RD Districts . (1) Filing of preliminary site development and use plan. To copies of the preliminary site � development and use plan which accompanies a petition for a rezoning sha11 be filed with the Town Clerk and one copy with the Planning Baaxd at least three weeks prior to the Planning Board public hearing required to be held under Chapter 40A. Subsequent to that public hearing, revisions to the preliminary site development and use plan may ' be filed with the Town Clerk and the Planning Board and must be filed at least seven 4 6 8 2008 Annual Town Meeting—April 9, 2008, continued... days prior to the first session of the Town Meeting. The vote of the Town Meeting shall refer to the preliminary site development and use plan and shall be considered part of the rezoning action. (2) Amendments to the preliminary site development and use plan: After the filing of the preliminary site development and use plan which accompanies a petition for a rezoning; the Towri Meeting shall not take favorable action on a proposed amendment to the . preliminary site development and use plan unless: (a} At least seven days prior to the vote of the Town Meeting on the petition the Town Meeting Member proposing such amendment: ;� � [1] Has filed a copy of the proposed amendment with the Town Clerk and the Planning Board, and [2] Has sent a copy of the proposed amendment by registered mail to the petitioner, (b) the Moderator sha11 determine that the proposed amendment is within the scope of the petition and the preliminary site development and use plan most recently filed as provided in Subsection D(1), and (c) at least two thirds of the Town Meeting vote favorably on the proposed amendment. (3) Amendments to the preliminary site development and use plan approved by an earlier Town Meeting. The preliminary site development and use plan for an existing planned development district that was approved by an earlier Town Meeting may be amended. The proposed amendments shall be presented and acted upon in the same manner set forth in this section for an ariginal petition. E. S ecial ermit rovisions a licable to both CD and RD Districts. �� P p P Pp � (1) Special permit application The application for an SPS under this section shall comply with §135-12 and shall be accompanied by: � (a) a copy, certified by the Town Clerk, of the preliminary site development and use plan approved by the Town Meeting. (b) definitive site development and use plan as described in § 135-14. Special permit provisions. The SPGA may grant a special permit with site plan review (SPS) for the development of a tract of land in the CD or RD district subject to the following provisions: (a) The SPGA makes a determination that the development conforms substantially to tYie preliminary site development and use plan approved by the Town Meeting and is consistent with the considerations set forth in § 135-12; (b) The SPS incorporates, by reference, the definitive site development and use plan filed with the application for the SPS; � (c) The SPS may a11ow any or a11 of the uses specified in the plan approved by ! Town Meeting but no others; (d) The SPGA may, in its discretion, permit revisions from the preliminary site development and use plan approved by Town Meeting provided they do not conflict with the prov'isions of the text of such plan. Such revisions sha11 generally be limited to the location of the buildings and changes in the site plan; (e) The SPS shall require that any land designated as common open space on the approved plan sha11 be either conveyed to the Town or protected by an easement granted to the Town; and (� The SPS may contain such additional conditions as the SPGA finds will serve the public interest. � � _ _ _ ___ _ _ _ � _ _ -_ _ __ 2008 Annual Town Meeting—April 9, 2008, continued... 4 6 9 (3) Denial of special permit, The SPGA may deny an application for an SPS and base its denial upon a finding that the proposed development does not conform substantially to the plans for the commercial or residential development of the tract as approved by the Town Meeting. � (4) Revision of special permit. (a) Subsequent to an SPS granted by the SPGA,minor revisions may be made from time to time in accordance with applicable laws, by-laws, and regulations,bitt ' the commercial or residential development approved under such SPS shall otherwise be in accordance with the preliminary site development and use plan approved by the Town Meeting. (b) If the SPGA determines such revisions not to be minor, it shall order that an �, application for a revised SPS be filed and a public hear'ing held in the same manner as set forth in §135-12. (5) Changes in uses or site development plans. Changes in uses or substantial changes in the site development plan.approved by Town Meeting may be made only after approval by Town Meeting of a new site development and use plan according to the procedures used for a zoning amendment, followed by the issuance of an SPS based on the new approved plan. § 135-43. Overlay districts. An overlay district is a special purpose zoning district which is superimposed over another zoning district so that the land contained within the overlay district is subject to the � requirements of both the overlay district and the zoning district in which it is located. An overlay district does not supersede the requirements of the other zoning district, which remain in•effect,but are additional requirements applicable to all land within the overlay district. A. Wetland Protection District (1) Purpose of district. The purposes of the Wetland Protection District are to preserve and maintain the ground water table; to protect the public health and safety by protecting persons and properly against the ha.zards of flood water inundation; and to protect the community against the costs which may be v J incurred when unsuitable development occurs in swamps, marshes, along water courses, or in areas subject to floods. (2) Districts superimpased over other districts. A Wetland Protection District shall not supersede other zoning districts established by this �by-law for land within the District but shall be deemed to be superimposed over such zoning districts. (3) Permitted Uses. Within a Wetland Protection District no land sha11 be used except for one or more of the following uses; any woodland, grassland, wetland, agricultural, horticultural, or recreational use of land or water, provided such use does not require filling of the land. (4) Special permit for structures accessory to permitted uses. The Board of Appeals may issue a special permit for buildings and structures accessory to any of the uses pexmitted in Subsection A(3), or for filling and excavation of the land for such uses, if the Board finds that such building, structure or filling or excavation is in harmony with the general purpose and intent of Section 8.6. A copy of every application for such a special permit sha11 be given by the applicant at the time of submission of the application to the Board of Selectmen,to the Board of Health, to the Planning Board, and to the Conservation Commission as well as all other parties required. (5) Special permits for uses in harmony with general purposes of the district '� 1) The Board of Appeals may issue a special permit for any use of land which would otherwise be pernutted if such land were not,by operation of this section, in the Wetland Protection District if the Board fmds: [1] that such land within the District is in fact not subject to flooding or is not unsuitable because of drainage conditions for such use, and [2] that the use of such land for any such use will not interfere with the general purposes for which Wetland Protection Districts have been established, and [3] that such use will not be detrimental to the public health, safety, or welfare. � 4 7 0 2008 Annual Town Meeting—April 9, 2008, continued... (b) A copy of every applieation for a special permit under this section sha11 be given by the applicant at the time of submission of the application to the Planning Board, the Board of Health; the Conservation Commission, and the Board of Selectmen. The Board of Appeals shall not hold a public hearing on the application earlier than 35 days after submission of the application. The above-named Boards shall submit reports or recommendations on the application to the Board of Appeals at or before the public hearing on the application, but failure to make such reports or ' recommendations shall not prevent action by the Board of Appeals. (6) Uses prohibited within wetland district. Except as provided in Subsection �- A(4) or(5)there shall be in the Wetland Protection District: ' � (a) No landfill or dumping or excavation of any kuld. ,�,,,, (b) No drainage work other than by an authorized public agency. (c) No damming or relocation of any watercourse except as part of an overall drainage plan. . (d) No building or structure. (e) No permanent storage of materials or equipment. (7) Pre-existing uses.No land, building, or structure in a Wetland Protection District sha11 be used for sustained human occupancy except buildings or structures existing on the effective date of this section, or land, buildings or structures which comply with the provisions of this by-law. Where no filling of such land takes place, any addition, alteration, repair or reconstxuction of such building or structure or the construction of any structure accessory thereto shall be exempt from the provisions of Subsection A(4) and(5). (8) If any part of a lot is withui the Wetland Protection District, that part of the lot may be used to meet the lot area and minimum yaxd requirements specified in Table 2 for lots in the underlying district. B. Nation Flood Insurance District. �-� (1) Purpose of the District. The purpose of this district is to insure proper flood plain ' ; management consistent with criteria established by the National Flood Insurance `", Program. (2) Superimposed over other districts. The National Flood Insurance District shall not supersede other zoning districts but shall be deemed to be superimposed over these other zoning districts. (3) Areas included. This district sha11 include all special flood hazard areas designated either as Zone A or Zone A-1 through A-30 on,the Flood Insurance Rate Map (F.I.R.M.). � (4) Board of Appeals requirements. The Board of Appeals shall be the Special Permit Granting Authority for this section. Special Permits for construction or substantial improvements may be granted subject to the following requirements. (a) CONSTRUCTION ABOVE FLOOD LEVELWithin those areas designated as Zones A-1 through A-30, a11 new residential construction or substantial improvements (the cost of which equals or exceeds fifly percent of the market value of the structure) shall have the lowest floor, including basement, elevated to or above the base flood level (the 100-year flood elevation) designated on the F.I.R.M. Nonresidential structures must be elevated to or above the base flood level or must be floodproofed and watertight to the base flood level. All other development must meet at least the minimum standards as set forth in the National Flood Insurance Program ; � rules and regulations effective October 1, 1986, or as duly amended from i time to time thereafter. ',..,..,, (b) Definition of flood level for Zone A. Within those areas designated as Zone A, where the base flood level is not identified on the F.I.R.M., the applicant for a specia.l permit shall provide the SPGA with data defining the base flood level. This data will be used to comply with the requirements of Subsection B(4)(a). (c) Limit construction in floodway. [1] Within those areas designated as a floodway, the SPGA shall grant no special permit for the following encroachments unless a registered professional engineer or architect certifies that such encroachments will ` —_ _ -- _ _ _ _ _ ___ __ __ _ _ ____ _ _. __ _ __ _ � ___ . _ . 2008 Annual Town Meeting—April 9, 2008, continued... 4 7 1 not result in any increase in the flood level during the occurrence of the 100 year flood discharge: [a] Landfill or dumping of any kind [c] Construction or substantial improvements [c] Permanent storage of materials or equipment [2] Construction permitted within a floodway must comply with the requirement of Subsection B(4)(a). (d) Watertight floodproofing. Where watertight floodproofing of a structure is ' permitted,registered professional engineer or architect shall certify that the methods used are adequate to withstand the flood depths,pressures, velocities, impact and uplift forces, and other factors associated with the 1-00 year flood. � 3. That the Lexington Zoning By-Law be amended by making the changes shown below so that the By-law will be consistent with the changes made in sections 2 and 3 above. For claxity a new article XVI will be added; it will contain the information currently in section 135-46F that governs dead end streets and.drives. (The age number refer to the 2007 Zoning By-law Reference Existing By-law Redlined Proposed Changes (comments are in italics and are not art of the ro osed chan es Chapter 135 lb'ill need to be renuinbered, but Table of is not considered part of fhe Contents Zoising By-law so does not need a vote ofTown�t�leetiis . 135-3 All amendments to these By- All amendments to these By-Laws All amendments to these By- p. 13508 Laws shall be made in a shall be made in a manner Laws shall be made in a manner manner conforming with conforming with Section 5 of conforming with Section 5 of Section 5 of Chapter 40A of the Chapter 40A of the General Laws. Chapter 40A of the General Laws. General Laws.Petitions for D�,':':^��^--�--^�:��-��*��Dr", rezoning to the RM,RD or CD References are obsolete and can District and a development ,.�.�.�YM�.�Y�^ ^^'^ ^^**^ � be eliminnted proposal pursuant to§ 135-46 :�� ^�� *�a*�«,,e,n4� presented to the 1985 Annual :.:....�.':'�..�z�ri,��:��- ,w� �*�a Town Meeting may be voted �,u':�T�..�"��*:��-��a� „,.. by the Town Meeting and •��*'�*'��''��^a••r� ^:*.,.��: �'� comply with the Zoning By- ��«� r,,.....,.�.,no� n:...,...:,,,:..,. Law as it was in effect in �^-�'�^ '^�^ -^��-��- `"" January 1985.Anybuilding ;,.�Y�.',;;,,,,,.�u�� T � ", rv�� permit or special permit which :°°. ^�'T' ^�-:, , ,°n,,��a ,�uT was properly issued between ::�:�'---� �'�*^*'��-�•:��'��^�-;�^*�� January 17, 1991,AND April n'�ri,^ �^a-^�^*^-'�^,:^^...:*�-^� 1, 1591,and which might ;�.,z,*��-'-��..:��--��„*�...�:�� otherwise be subject to the ..,,�„ ��a w-�^-��'�� *�-� amendments dealing with off- �°O1 "��•^�T�..m*��*:��„ street parking requirements .,,,::Y'.;:::�::u':��•��;�:-a;, which were approved by '*.•.�^: ��^*:�T��^�^,��-,�nn Article 31 of the 1991 Annual Town Meeting sha11 comply with the Zoning By-Law as it was in effect in December 199Q • §135-8 INSERTION Insert between"AVAILABLE BALANCED HOUSING p. 13510 SPACE"and"BANK" DEVELOPMENT--A type of Special Permit Residential Development as defined in§ 135- 45. §135-8 CLUSTER DEVELOPMENT �'�.T..T.c.T�D y,�_,��iivD*i.a'�-r..r*TT Delete 13511 eleted 4-8-1985 ATM b m��+�a^ 4 inoc�Tr,r�... n.., ��i P• Y �_..,.,,�.,.. �o�.a�� Art. 11] ��L�S'�'��S��V�I^�; �4 CLUSTER SUBDIVISION-- .,,��,a.��'��'-'�•��'��-��*��••�� Aresidential development in '�•��'a��-�� *�.�*�a��j�* which buildings are constructed on lots in one or more groups separated from adjacent ��u"-"��•��^��-� ; property and other groups of . ' , ' _: buildings by intervening open � land.The density,dimensional ��-�--��--� ��^,«�^^� r�--...«..,...a.•y��,� standards or es of buildin s �Lh�::::��-'�,:�;�;;:;;,u � g Y.,......�,...., . permitted may vary from those �^aa�a ^. o-�;a;�'r'��-•� a�r L' " 1T2v1VfZ otherwise permitted or �:u�-'^ '" .�Q�;T*��- ^-� .. . .. �'za� required.[Added 4-8-1985 ^'• ^ ��^'' ^`r"'��-^y^�-'.''�� ATM by Art. 11;amended 4- � 14-1986 ATM by Art.41;4- 22-2002 ATM by Art.21] §135-8 DWELLING--[Added 4-6- DWELLING--[Added 4-6-1983 DWELLING--A structure,or , pp.13513- 1983 ATM by Art. 14; ATM by Art. 14;amended 4-8-1985 part of a structure,which:is 13514 amended 4-8-1985 ATM by ATM by Art. 11]A structure,or part designed or used primarily for � Art. 11]A structure,or part of of a structure,which:is designed or human habitation;contains one or a structure,which:is desi ed used rimazil for human habitation; more dwellin units;an�is 4 7 2 2008 Annual Town Meeting—April 9, 2008, continued... or used primarily for human contains one or more dwelling units; capable of separate ownership. habitation;contains one or and is capable of separate Characteristics of dwellings: more dwelling units;and is ownership. capable of separate ownership. A. �chazacteristics of ONE-FAMILY A. Structural characteristics dwellings: DETACHED DWELLING- of dwellings: -A dwelling which is not ONE-FAMILY DETACHED attached to any other ONE-FAIVIILY DWELLING--A dwelling dwelling by any means and DETACHED which is not attached to any is surrounded by open space DWELLING--A other dwelling by any means or yards on all sides. dwelling which is not and is surrounded by open TWO-FAMILY ' attached to any other space or yards on all sides. DWELLING--A building dwelling by any means SEMI-ATTACHED DWELLING-- containing two dwelling and is surrounded by open A building containing two dwelling units. space or yards on all sides. units which are attached to each TOWNHOUSE--A SEMI-ATTACHED other by a common vertical wall, building containing three or DWELLING--A building each dwelling unit having open more dwelling units in a row containing two dwelling space or yards on three sides and in which each dwelling unit units which are attached to each dwelling unit having direct has its own front and rear each other by a common access to the ground. access to the ground,no vertical wall,each TWO-FAMILY DWELLING- dwelling unit is located over dwelling unit having open -A building containing two another dwelling unit,and space or yards on three' dwelling.units,••��'� each dwelling unit is sides and each dwelling a^��"�~~••~��^" ^�^^�*�^"^, separated from any other unit having direct access ��'�~.�w�•.�+'��^*'��^� dwelling unit by one or more to the ground. ��,..��•�a...:�'�� ^'��a party walls. TWO-FAMILY a"'�'� THREE-FAMILY DWELLING--A building TOWNHOUSE--A building DWELLING-A building containing two dwelling containing three or more containing three dwelling units,with one of the dwelling units in a row in units,each of which has dwelling units a11,or which each dwelling unit has d'uect access to the outside partially,on a story above its own front and rear access to or to a common hall that the other(as contrasted the ground,no dwelling unit is leads to the outside. with a semi-attached located over another dwelling FOUR-FAMILY dwelling). unit,and each dwelling unit is DWELLING--A building TOVJNHOUSE--A sepazated from any other containing four dwelling building containing three dwelling unit by one or more units,each of which has or more dwelling units in party wa11s. direct access to the outside a row in which each THREE-FAMILY or to a common ha11 that dwelling unit has its own D WELLING--A building leads to the outside. front and rear access to the containing three dwelling units, MIJLTIFAMILY ground,no dwelling unit each of which has direct access DWELLING--A building is located over another to the outside or to a common containing five or more �--, dwelling unit,and each hall that leads to the outside. dweiling units,each ; i dwelling unit is separated FOUR-FAMILY DWELLING occupied by one family. �j from any other dwelling --A building containing four unit by one or more pariy dwelling units,each of which wa11s. has direct access to the outside THREE-FAMILY or to a common hall that leads DWELLING--A building to the outside. containing three dwelling MLJLTIFAMILY--A building units,each of which has containing five or more dwelling direct access to the outside units. or to a common hall that n. ^��•��^'�^�^^*��*:^�^f leads to the outside. dwellings: - • FOUR-FAMILY DWELLING--A building ^�Tti' �'�T.TTT V Tl\ITL'T T TTT!•_ containing four dwelling • units,each of which has ''"""'"""""" '�'""'""' direct access to the outside or to a common ha11 that T\IT/l L`A TifTT V •,-�� leads to the outside. �^*�TT v n�T ro c n r,rrr v MULTIFAMILY--A ��`l� "�=s building containing five or more dwelling units. B. Occupancy characteristics """'...""'"�`''�"'"""' ""'' of dwellings: � ONE-FANIILY MULTIFAMILY DWELLING--A DWELLING,--A building building containing five or more containing one dwelling dwelling units,each occupied by unit occupied by not more one family.. - � � than one family. j TWO-FAMILY,THREE- � FAMILY,FOUR- FAMILY DWELLING-- A building containing the number of dwelling units indicated by the first word of the phrase,each occupied by not more than one family. MULTIFAMILY DWELLING --A building containing five or more dwelling units,each occu ied b one famil . . §135-8 DWELLING Delete,no need to cany reference p. 13514 CONVERSION Amended 4-9-1980 ATM ____ ___ __ __- - _ _ � _ __ ___ _ _ _ _ _ _ 2008 Annual Town Meeting—Ap�il 9, 2008, continued.:. 4 7 3 by Art.66;deleted 4-6- 1983 ATM by Art. 14] DWELLING,ONE- FAMILY DETACHED [Added 4-6-1983 ATM by Art. 14;deleted 4-8-1985 ATM by Art. 11] DWELLING,TWO- FAMILY[Deleted 4-8- 1985 ATM by Art. 11] §135-8 LIVING AREA OF A LIVING AREA OF A DWELLING Delete,no longer used in the By- p. 13515 DWELLING--The sum, --T'he sum,in square feet,of the law �, in square feet,of the horizontal areas of all stories in a I horizontal areas of all dwelling unit measured from the stories in a dwelling unit exterior face of exterior wa11s,or the �_, measured from the center line of a common wall. exterior face of exterior Living area shall include space in a wa11s,or the center line of half story which is finished and is a common wa11.Living accessed from permanent interior azea sha11 include space in stairs,but sha11 exclude garages, a half story which is basements,cellars,crawl spaces, finished and is accessecl porches,attics and decks,and,in the from permanent interior case of a dwelling with more than , stairs,but shall exclude one unit,common azeas. [Added 4- garages,basements, 8-2002 by Art. 19] cellars,crawl spaces, porches,attics and decks, and,in the case of a dwelling with more than one unit,common azeas. . [Added 4-8-2002 by Art. 19 §135-8 OPEN SPACE,USABLE nncrr en n r� T T�e nr� Delete,no]onger used in By-la�v 13520 Added 4-8-1985 ATM b r e aaoa n o �n'vc n�,r w., n.., p• [ y <<......,,. . Art. 11]--The part or }}� � � � �� ..,�� c i¢cvi �-oru-iv parts of a lot,structure or building which are .:a�a�-��-�- ��*:��, provided for the �a��:�..��*:-��.. -�a recreational and leisure time use and enjoyment of u'�••"-"�� `T'"��: the occupants of a �. ��e� �- building.The space shall: a'-� ,,,,,,,,,,,,,;,u��;;,��,=s,�� IA. Have minimum �^��a��; � dimensions and characteristics prescribed �• �e�ms"��P�-� herein• ,...,..,,..e,,�,..,.o�,,...,...,, B. Be largely open and �• ""'"^'' unobstructed to the sky; u�� "'''•'"'"�� ,.:�� and aw �a ..a...,..�T� C. Exclude principal and �s�e: accessory buildings, parking spaces and ' loading bays,driveways and maneuvering aisle. §135-8 PARKING SPACE PARKING SPACE Delete,cleans up By-(aw . 13520 §135-8 INSERTION Insert between"PUBLIC"and PUBLIC BENEFIT p. 13520 "RACQUET COURT" DEVELOPMENT A type of Special Permit Residential Development as defined in§ 135- 45. §135-8 INSERTION Insert between"SITE SITE SENSITIVE p. 13523 COVERAGE"and"SKILLED DEVELOPMENT--A type of • NURSING FACILIT'Y" Special Permit Residential Development as defined in§ 135- 45. §135-8 INSERTION T��-��CTITT T L`T1 SPECIAL PERMIT p. 13523 �1i��S�1C�-F�4GI-LTT�'� CONVENTIONAL �I, «cn�nr n T DL'DTiTTT DEVELOPMENT—a type of rnrTv�rrrrnrr n r Special Permit Residential , ,�'" T1L'�7DT 11DA�fL'l.T'T�+ Development as defined in§ 135- 45. §135-8 SPECIAL RESIDENTIAL SPECIAL RESIDENTIAL SPECIAL PERMIT p. 13523 DEVELOPMENT--A DEVELOPMENT--A residential RESIDENTIAL residential development,which development,which may be on one DEVELOPMENT--A residential may be on one or more lots,in or more lots,in which considerable development in which a tract of which considerable design design flexibility is allowed if a land is divided into one or more flexibility is allowed if a development meets design criteria as lots for constructing dwellings in development meets design set forth in Article IX.The one or more groups and common criteria as set forth in Article dimensional standards,types of open space. IX.The dimensional standards, buildings permitted and density may types of buildings permitted vary from those otherwise pernutted .. and density may vary from or required.[Added 4-14-1986 those otherwise permitted or ATM by Art.41;4-8-2002 ATM by re uired. Added 4-14-1986 Art.21 4 7 4 2008 Annual Town Meeting—April 9, 2008, continued... . ATM by Art.41;4-8-2002 ATM by Art.21] Table 1 Residential developments with Residential developments�••�� Residential Developments. p. 13547 three or more dwelling units. �~�a��"��~��*^. ^" Balanced Housing Developments, Line 1.18 All residential developments �^:a�^+:�, -'�..�,^�^��^+�..,:+�,+�,..e„ public Benefit Developments, with three or more dwelling ��a��"��^��*^require a Site Sensitive Developments and units require a special permit special permit with site plan review Special Permit Conventional with site plan review(SPS). (SPS).See Article IX. Developments require a special See Article IX. permit with site plan review SPS .See Article IX. � Table 1 Types of Dwellings and Types of Dwellings and Residential Types of Dwellings and p. 13547 Residential Facilities. Facilities. Residential Facilities. following The types of dwellings and The types of'dwellings and The types of dwellings and ,� Line 118 residential facilities permitted residential facilities permitted vary residential facilities permitted vary according to the type of according to the type of district and vary according to the type of � district and the type(three the type�''��^''��^^+�^��`of district and the type of residential alternatives)of residential residential developments�•��',.�a `� developments.Listed below,for developments with three or .Listed information purposes,is a general more dwelling units.Listed below,for information purposes,is a summary. §135-42C(5)and below,for information general summary.D�-^�„i=�� §135-47A control which types of purposes,is a general �^'��a••'��D�-�-��'*�a�^�'a'"^^ dwellings are permitted. summary.Row 2 of the " Schedule of Permitted controls which types of dwellings Buildings,Density and are permitted. Dimensional Standards controls which types of dwellings are permitted. Table 1 One-family attached,two- ^��`m�'•��"�^'"'',two-family Two-family p. 13547 family (one family attached is now Line 1.182 covered b t+a�o-amilv Table 1 Conversion of a municipal Conversion of a municipal building Conversion of a municipal p. 13547 building to residential use(see to residential use�� building to residential use(see Line 1.187 $135-51 $135-42D �135-18.E Contributory lots.For one or Contributory lots.For one or more Contributory lots.For one or p. 13561 more lots that do not lots that do not otherwise qualify more lots that do not otherwise otherwise qualify under under Subsection B above and are qualify under Subsection B Subsection B above and are shown on a definitive site above and are shown on a � shown on a definitive site development plan submitted by an definitive site development plan development plan submitted applicant,the SPGA may grant a submitted by an applicant,the by an applicant,the SPGA special,permit to modify:the SPGA may grant a special permit may grant a special permit to standards in Table 2,Schedule of to modify:the standards in Table - 'j modify:the standards in Table Dimensional Controls,the 2,Schedule of Dimensional � 2,Schedule of Dimensional standards in Article V, Controls,the standards in Article ' Controls,the standards in Supplementary Use Regulations V,Supplementary Use � Article V,Supplementary Use (entire article,covering the special Regulations(entire article, Regulations(entire article, uses identified),the dimensional covering the special uses covering the special uses and intensity controls in Article identified),the dimensional and identified),the dimensional VII,Dimensional Controls,§§ 135- intensity controls in Article VII, and intensity controls in 35 to 135-39,the landscaping, Dimensional Controls,§§ 135-35 Article VII,Dimensional transition and screening to 135-39,the landscaping, Controls,§§ 135-35 to 135-39, requirements in Article X, transition and screening the landscaping,transition and Landscaping,Transition and requirements in Article X, screening requirements in Screening(entire article),or the Landscaping,Transition and Article X,Landscaping, off-street pazking and loading Screening(entire article),or the Transition and Screening requirements in Article XI,Off- off-street parking and loading (entire article),or the off- Street Parking and Loading(entire requirements in Article XI,Off- slreet parking and loading article),provided the SPGA makes Street Parking and Loading requirements in Article XI, a finding that such modifications (entire article),provided the Off-Street Parking and are necessary to make historic SPGA makes a finding that such Loading(entire article), preservation feasible on another lot modifications are necessary to provided the SPGA makes a within the same development on make historic preservation finding that such which an historic element,as feasible on another lot within the modifications are necessary to defined in Subsection B,is located. same development on which an malce historic preservation The use of one or more lots that do historic element,as defined in feasible on another lot within not otherwise qualify may apply to Subsection B,is located.The use the same development on a conventional or c�s�eF of one or more lots that do not which an historic element,as subdivision(see Article IX)-e�te-a otherwise qualify may apply to a defined in Subsection B,is ��'�+��'�a�•��""""�''""�'^ conventional subdivision or located.The use of one or ��~��rt��a..�*:��'� „S 2� Special Permit Residential --i more lots that do not Development(see Article IX). l otherwise qualify may apply to a conventional or cluster � - subttivision(see Article IX)or to a two lot subdivision qualifying for a frontage reduction(see§ 135-35E). §135-36.B No new principal structure No new principal structure shall be No new principal structure shall p. 13587 shall be erected on any part of erected on any part of a lot created be erected on any part of a lot a lot created after April 30, after Apri130, 1984,which does created after Apri130,1984, 1984,which does not ha�e an not have an area in which a circle, which does not ha�e an area in area in which a circle,the the diameter of which is not less which a circle,the diameter of diameter of which is not less than 80%of the minimum lot which is not less than 80%of the � than 80%of the minimum lot frontage,tangent to the lot frontage minimum lot frontage,tangent to fronta e,tan ent to the lot and within a11 other lot lines,ma the lot fronta e and within all _ ___ __ _ ____ _ _ � __ __ _ _ __ _ _ , _ _ _ _-- _------—_ _ 2008 Annual Town Meeting—Ap�il 9, 2008, continued... 4 7 5 frontage and within a11 other be located.This provision s�-ae� other lot lines,may be located. lot lines,may be located.This �1�in the case of a lot that This provision may be modified provision shall not apply in qualifies under� "�_: by the SPGA in the case of a lot the case of a lot that qualifies that qualifies under§ 135-45B-D. _ under§ 135-38A. §135-36.0 No new dwelling shall be No new dwelling sha11 be erected No new dwelling shall be p. 13587 erected on any lot created on any lot created after April 13, erected on any lot created after after April 13, 1988,which 1988,which does not contain a April 13, 1988,which does not does not contain a contiguous developable site area contain a contiguous contiguous developable site (see§ 135-41)which is at least developable site area(see§ � area(see§ 135-41)which is 90%of the minimum lot area for 135-41)which is at least 90% at least 90%of the the district in which the lot is of the minimum lot area for minimum lot area for the located.This requirement s�ta� the district in which the lot is district in which the lot is �e any lof created in e located.This requirement may ! located.This requirement , be waived by the SPGA in the sha11 not apply to any lot r a case of any lot created in a created in a cluster planned residential district. Site Sensitive Development,a subdivision,a special Balanced Housing residential development or a Development,a Public Benefit planned residential district. Development,or a Planned Residential District. §135-38.B Cluster subdivisions and Special Permit Residential p. 13589 special residential �developments.Certain Developments.Certain iracts developments.Certain tracts tracts may be subdivided using may be subdivided using the may be subdivided using the the provisions of�� provisions of§ 135-47 which provisions of§ 135-48F which permit reduction of certain permit reduction of certain which permit reduction of requirements of Table 2. requirements of Table 2. certain requirements of � Table 2. §135-38.E Frontage reduction for lots �'��R��a.,^*:��,�*�:�� Urnit entire section,concept pp. 13589- in a small subdivision. . incn�porated into Site 13590 Sensitive Developments §135- Standards for development.A Standards for development.A Standards for development.A 42.C(1) number of standards for number of standards for number of standards for p. 13594 development in the Planned development in the Planned development in the Planned Residential Development Residential Development District Residential Development District District RD are included in RD aze included�� ^��: RD are included here.Additional Article IX.Additional Additional standazds may be standards may be proposed by standards may be proposed by proposed by the developer and the developer and included in the , the developer and included in included in the preliminary site preliminary site development and, the preliminary site development and use plan and use plan and approved by the ___ . development and use plan and approved byTownMeeting. Town Meeting. approved by the Town Meeting. §135- Development permitted.No Development pernutted.No Development permitted.No 42.C(3) types of residential buildings types of residential buildings types of residenrial buildings p. 13594 may be constructed and no may be constructed and no may be constructed and no development may occur in an development may occur in an development may occur in an RD District except in RD Disirict except in conformity. RD District except in conformity , confomuty with a preliminary with a preliminary site with a preliminary site site development and,use plan development and use plan development and use plan approved by the Town approved by the Town Meeting, approved by the Town Meeting, Meeting,the provisions of this the provisions of this article-a� the provisions of this article and article and of Article IX,and a �'^o�r and a special a special permit with site plan special permit with site plan permit with site plan review review(SPS)approved by the review(SPS)approved by the (SPS)approved by the SPGA. SPGA SPGA. §135- SPGA.The Boazd of Appeals SPGA.The Board of Appeals sha11 SPGA.The Board of Appeals 42.C(4) sha11 be the special permit be the special permit granting shall be the special pernut p. 13595 granting authority.In acting authority.In acting upon granting authority.In acting upon applications for special applications for special permits upon applications for special permits with site plan review, with site plan review,the SPGA permits with site plan review,the the SPGA shall be govemed sha11 be governed by the provisions SPGA shall be governed by the by the provisions of§§ 135-12 of§�135-12�^a '�'�� provisions of§§ 135-12 and 135- and 135-50. 13. §135-43A(8) No effect on dimensional No effect on dimensional No effect on dimensional �� p. 13598 requirements.Notwithstanding requirements.�Fet��i#��:� requirements.If any part of a lot L- - any other provision of the ^*"�:Y.�::�:�:��;,':��:;�a�•'�a„o�� is within the Wetland Protection Schedule of Permitted , District,that part of the lot may Buildings,Density and ,if any part be used to meet the area and Dimensional Standards,if any of a lot is within the Wetland dimensional yard requirements part of a lot is within the Protection District,that part of the specified in Table 2 for lots in Wetland Protection District, lot may be used to meet the area the underlying district. that part of the lot may be and dimensional yard requirements used to meet the azea and specified in Table 2 for lots in the (the area reference in the dimensional yard requirements underlying district. deleCed Schedule of Permitted specified in Table 2 for lots in Buildings,Density and the underlying district. Diinenisona!Stnndar•ds is to common open space. Common open space excludes area in a � bYetland Protection Zoning Disirict but thnt doesn't a ect � 7 6 2008 Annual Town Meeting—ApYil 9, 2008, continued... the requirements in Table 2,) Move from Streets and drives. Streets and drives. ARTICLE XVI p.13607 to p. (1)Objective.The objective of (1) . 13663,create this section is that adequate ��*��*'��*�a��••�� DEAD END STREETS AND a new Article access for fire-fighting, ��`�^'��:~^,�~�a:^^,^^a^�"�~ DRIVES XVI medical and other emergency ' ' operations be provided from ��*'��'�'��'��•.�*��*��'� §135-93.Streets and Drives the public street system to each development with three a-^�'�� A. Connection to public street or more dwelling units. system Each street and � (2) Connection to public street interior drive, or system of (2)Connection to public street system Each street (� streets or interior drives, system Each street (See n�� and interior drive(-See w'ithin a residential Definition. and interior drive ^�� development sha11 connect to � ) ��, or system of sireets or (See Definition.),or system of interior drives, within a residential a public street. � (• streets or interior drives, development ^^*'� +'�-�� --�^ � � within a residential ��r�e�k�g-� shall connect to wa B. Meaning of ' ��dead-end„ development with three or public street. street. A dead-end street or more dwelling units shall dead-end interior drive is one connect to a public street. (3) Meaning of"dead-end" street. which has only one means of A dead-end street or dead-end entrance and exit to a through (3) Meaning of "dead-end" interior drive is one which has only Public street. street. A dead-end street or one means of entrance and exit to a dead-end interior drive is one through public str�eet. (� C: Length and measurement of which has only one means of dead-end street entirance and exit to a through A dead-end street or public sireet. (See Definition (4) Length and measurement of dead-end interior drive of through street.) dead-end street shall not extend more (a)A dead-end street or than 650 feet from: (4)Length and measurement of dead-end interior drive dead-end street shall not extend more than [1]a through public street (a) A dead-end street or 650 feet from: or a dead-end interior drive [1]a through public street; sha11 not extend more or [2] street or interior drive than 650 feet from: [2] a street or interior drive �at intersects with a [1] a .through public that intersects with a t1u'ough public street in at street;or through public street least two places that are [2] a street or interior in at least two places not less than 125 feet drive that that are not less than apart provided such street intersects with a 125 feet apart or interior drive is through public provided such street conshucted in accordance street in at least or interior drive is �'ith the standazds for _� two places that constructed in streets and rights-of-way are not less than accordance with the set forth in the 125 feet apart standards for streets Development i provided such and rights-of-way set Regulations, � street or interior forth in �e (b)The length of a drive is �� dead-end street or constructed in Regulations, dead-end interior accordance with drive and the the standards for (b) The length of a dead-end distance between the streets and rights- street or dead-end interior intersection of streets of-way set forth drive and the distance shall be measured as in the Subdivision between the intersection of described further in Regulations, streets shall be measured �e Planning Board's as described further in the Development The length of a Planning Board's Regulations. dead-end street or Subdivision Regulations. �c) In the case where an dead-end interior drive existing through and the distance street connects to between the (c)In.the case where an another public street intersection of streets existing through street in two places but that sha11 be measured as connects to another public public street is itself described further in the street in two places but that a dead-end street,the Planning Board's public street is itself a dead- through street shall Subdivision end street,the through street be considered to be a Regulations. shall be considered to be a dead-end street. dead-end street. Creates a new Article In the case where an relating to the existing through street maximum of 650'for ---� connects to another a dead-end street. � public street in two �� places but that pablic .J � street is itself a dead- end street, the through street sha11 be considered to be a dead-end street. §135-64. Dwelling unit in:semi- Dwelling unit in:-ser�ri- Dwelling unit in:two- Number of attached dwelling,two- ^**^^'��a a^��"�^^,two- family dwelling,townhouse, parking family dwelling,townhouse, family dwelling,townhouse, three-family dwelling,four- spaces and three-family dwelling,four- three-family dwelling,four- family dwelling,multi- loading bays. family dwelling;multi- family dwelling,multi- family dwelling p. 13632� family dwelling family dwelling isemi-attached is now covered by _ _ -_ _ _ __ ___ � _ _ _ __ _ _ _ ___ ___ _____. ________ 2008 Annual Town Meeting—April 9, 2008, continued... 4 7 7 t�vo family) §135-69.0 To allow a driveway on one To allow a driveway on one lot to To a11ow a driveway on one lot p. 13643 lot to lead to a parking space lead to a parking space or loading to lead to a parking space or or loading bay on another lot, bay on another lot,or to allow a loading bay on another lot,or to or to a11ow a driveway to driveway to siraddle the lot line and allow a driveway to straddle the straddle the lot line and serve serve a parking space or a loading lot line and serve a parking space a parking space or a loading bay on two or more lots,when both or a loading bay on two or more bay on two or more lots,when lots are in a residential district(s), lots,when both lots are in a both lots are in a residential or when both lots are in a residential district(s),or when district(s),or when both lots commercial district(s),provided a both lots aze in a commercial � are in a commercial district(s), binding agreement,satisfactory in district(s),provided a binding provided a binding agreement, form to the Town Counsel,is agreement,satisfactory in form satisfactory in form to the executed and is filed in the Registry to the Town Counsel,is executed Town Counsel,is executed of Deeds of Middlesex County. and is filed in the Registry of and is filed in the Registry of Where the driveway is located in a Deeds of Middlesex County. : Deeds of Middlesex County. subdivision for which a special Where the driveway is located in Where the driveway is located permit with site plan review(SPS) a subdivision for which a special in a subdivision for which a pernut with site plan review special permit with site plan "� �9�,�-��*��-�-�a..�+;�� (SPS)is required and the review(SPS)or a special '^*^��^^--�^"�•�'�a0�•0^'^^,is Planning Board is the SPGA,the permit,as provided in§ 135- required and the Planning Board is Planning Board may grant the 38E,Frontage reduction for the SPGA,the Planning Board may special permit for the driveway lots in a small subdivision,is grant the special permit for the location. required and the Planning driveway location. Boazd is the SPGA,the Planning Board may grant the special permit for the drieewa location. Table 2, Development of new Development of new multifamily Development of new multifamily footnote a multifamily dwellings is not dwellings is not permitted in the RM dwellings is not permitted in the p. 13665 permitted in the RM District; District;these standards apply to RM District;these standards these standazds apply to RM RM Districts in existence in January apply to RM Districts in existence Districts in existence in January 1985.Minimum lot areas in RM in January 1985.Minimum lot 1985.Minimum lot areas in Districts sha11 be3,000 sq.ft.per areas in RM Districts shall be RM Districts shall be 3,000 sq. dwelling unit containing one room 3,000 sq.ft.per dwelling unit ft.per dwelling unit containing used for sleeping;3,500 sq.ft.per containing one room used for one room used for sleeping; unit with two such rooms;and 4,000 sleeping;3,500 sq.ft.per unit 3,500 sq.ft.per unit with two sq.ft.per unit with three or more with two such rooms;and 4,000 such rooms;and 4,000 sq.$. such rooms.For RD Districts see§ sq.ft.per unit with three or more per unit with three or more 135-42C��a "-��r such rooms.For RD Districts see such rooms.For RD Districts § 135-42C. see§ 135-42C and Article IX. ; Table 2 A structure in a residential A siructure in�� A structure in an RD,Planned --- fooinote k. development with three or ,.�.,,��Y n�; �'�-�� Residential Development,must p. 13665 more dwelling units must u��'�=��s�s must comply with comply with minimum yard comply with the Schedule of *��'��a•�'��D�-�-��*�a setback on perimeter of tract as Permitted Buildings,Density , required by§135-42.C(1).In a and Dimensional Standazds, , Special Permit Conventional Row 4, minimum yard setback minimum yard setback on Subdivision,a dwelling which has on perimeter of tract.A perimeter of tract.A dwelling a gross floor area of 2,500 square dwelling which has a gross which has a gross floor area of feet or more is required to have a floor area of 2,500 square feet 2,500 squaze feet or more is greater minimum side and rear or more is required to have a required to have a greater minimum yard;see§ 135-46A. , greater minimum side and rear side and rear yard;r�� '��a yard;see§ 135-47B. 7:45 p.m. Charles Hornig reported the unanimous support of the Planning Board. Planning Board Member Anthony Galaitsis identified some concerns and supported article. 8:06 p.m. Jeanne Krieger reported unanimous support of the Board of Selectmen. 8:07 p.m. Members spoke in support and opposition, questioning cluster zoning changes, special permit processes &Planning Board jurisdiction. 8:08 p.m. Ken Kreutziger, pr.2, reported unanimous support of the Housing Partnership Board. - 8:19 p.m. Planning Director Maryann McCall-Taylor and Planning Board Chairman ' Charles Hornig responded to questions on affordable housing. 8:21 p.m. Members continued to speak in favor and opposition, questioned requirements for notifications to neighborhoods and notice to abutters. 8:28 p.m. Planning Director Maryann McCall-Taylor and Planning Board Chairman Charles Hornig responded to questions on notice to abutters, cluster developments, small subdivisions and common space. 4 7 8 2008 Annual Town Meeting—Ap�il 9, 2008, continued... 8:39 pm. Thomas Fenn,pr.9,moved the following Resolution: RESOLUTION: Resolved that the Planning Board consider modifying its notice policy requiring the proponent of a Special Permit residential development notify all abutting neighbors within a 300 foot area of the proposed site at the time of a sketch plan submission to the Planning Board. ' 8:42 p.m. Charles Hornig reported the Planning Board had no opposition to Resolution. Members spoke in support and opposition, questioned neighbors and abutters. f—� 8:49 p.m. Fenn Resolution Adopted. , I 8:49 p.m. Scott Burson,pr.4, mov,ed the question. Motion Adopted. „—� 8:50 p.m. Following a standing vote, on Article 49 as amended,tallied as follows: Precinct YES NO 1 14 2 2 11 5 3 14 3 4 20 0 5 13 3 6 15 6 7 14 2 8 16 4 9 14 3 AL 8 0 Total 139 28 8:50 p.m. Motion as Amended, Declared Adopted,with more than the necessary two-thirds vote. Charles Lamb,pr.4, served notice of reconsideration of Article 49. 8:55 p.m. Charles Hornig,pr.8,moved Article 50 be taken up. Motion Adopted. � 8:56 p.m. Presented by Charles Hornig,pr.8. x ARTICLE SO:AMEND ZONING BY-LAW,HEIGHT OF BUILDINGS AND � STRUCTURES !`_� � o 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, and � o further that nonsubstantive changes to the nuxnbering of this bylaw be permitted � � in order that it be in compliance with the numbering format of the Code of � ' Lexington. � � a� a � � � b MOTIONS � ;' The Planning Board has asked that this question be divided. Each section can stand alone and � o should be considered on its meYits. o w +� +� • � o MOTION 1 ;;� That Table 2 of the Zoning By-Law of the Town of Lexington be amended, effective b � September 1, 2008, as follows: a� � � 0 a a Table 2, The Schedule of Dimensional Controls, of the Zoning By-Law av � � RS& RM 8� Districts RO RT RD a CN CRS CS CB CLO CRO CM Uses ermitted in RS&RT Districts shall conform to rovisions of 135-35B Minimum lot area in s uare feet 30,000 15,500 125,000 15,500 15,500 20,000 NR 30,000 5 acres 3 acres Minimum lotfronta e in feet 150 125 100 125 125 125 20 175 300 200 Minimum front ard in feet b, c, ', k 30 30 50 30 30 30 NR d 50 100 75 , � Minimum side ard in feet k 15 e 15 e 40 20 20 15 NR 30 50 30 � Minimum rear ard in feet k 15 e 15 e 40 20 20 20 10 30 50 50 ' � Minimum side and rear yard adjacent to,or 15 15 40 30 30 30 30 50 100 100 -front ard facin a residential district in feet Maximum Floor area ratio FAR NR i NR i NR i 0.20 0.20 0.20 2.0 0.25 .15. .15 Maximum percentage site coverage 15% 15%(g) 25% 20% 25% 25% NR 20% 25% 25% Public and institutionai buiidings,maximum height In stories: 2.5 2.5 2.5 3 3 3 2 3 3 3 in feet: 40 40 40 45 45 45 30 45 45 45 Other buildings,maximum height: In stories: 2.5 2.5 NR 1 2 2 2 2 3 3 In feet 49 35 48 35 40 15 25 25. 25 30 45 45 And further that nonsubstantive 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. - ___ _ - - -_ __ __ � __ _ -___ _ _ _ _ _ _ _ _ _-- _ ----- _ �2008 Annual Town Meeting—April 9, 2008, continued... ,� 7 9 MOTION 2 That Section 135-39A,Height of buildings and structures, of the Zoning By-Law of the Town of Lexington be amended by removing the phrase"from the average natural grade", as detailed below: A.The maximum height of a building sha11 not exceed either the distance in feet or the number of stories,whichever is less, set forth in Table 2 for the district in which the building is located. The maximum height of a building in feet sha11 be the vertical ' distance between the lower elevation and the upper elevation, as described below. For purposes of determining the number of stories in a building or structure,measurement at the lower elevatiori shall be �-^�� *'�� T,��-��-� ��*„r^� ^-r��, as described in Subsection A(1)below. Arid further that nonsubstantive changes to the numbering of this bylaw be perxnitted in order that it be in compliance with the numbering format of the Code of Lexington. MOTION 3 , � That Section 135-39A(1) of the Zoning By-Law of the Town of Lexington be amended as follows: (1) The lower elevation shall be the natural grade of the land at the point of measurement prior to disturbance for conslxuction. The elevation of the natural grade prior to disturbance for construction shall be certified by a registered land surveyor, or may be such elevation as the Building Commissioner or designee may determine from Town maps or records.�The ayerage natural grade� '��••��',��•'��'� shall be determined by computing the average of the elevations of the natural grade of the four extreme corners of the building or, in the case of a nonrectangular building, of such equivalent locations as the Building Commissioner or designee may determine. r� ., .,i,,, ,.��, r � +• � � „�+t,o �,,,, v�,,�..o,,.,o ,. „�F+�.o t,.+ ,t,� „ ��, r +• �+i.. � vi uiv ivc.0 uts � �e��-e��y-�e�xse�—In a case where the finished grade is lower than the natural grade,the finished grade shall be the lower elevation. ; And further that nonsubstantive 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. ---------------- Charles Hornig moved the report of the Planning Board on Article 50 be accepted and placed on file. Motion Adopted. The Moderator declared the motion divisible into 3 parts, each.part to be voted separately. 8:56 p.m. Article 50—Part I Richard Canale, Planning Board, declared he would be abstaining from voting. 9:00 p.m. Jeanne Krieger reported the support of the majority of the Board of Selectmen. 9:01 p.m. Peter Kelley presented his opposition to Article 50,part I. A citizen and Members spoke in support and opposition. 9:36 p.m. Following a standing vote, on Article 50, Part I,tallied as follows: Precinct YES NO 1 6 11 2 9 7 3 9 8 4 14 6 5 8 7 6 7 12 7 8 7 8 12 8 9 6 10 � j AL 8 1 � ' Total 87 77 �--- 9:39 p.m. Article 50, Part I Declared Not Adopted. 9:40 p.m. Article 50,Part II Charles Hornig reviewed the motion under Part II. 9:42 p.m. Jeanne Krieger reported the unanimous support of the Board of Selectmen. Article 50,Part II Declared Adopted by more than the necessary two-thirds. 9:43 p.m. Article 50,Part III Charles Hornig reviewed the motion under Part IIL Article 50,PART III Declared Adopted by more than the necessary two-thirds. • 4 8 O 2008 Annual Town Meeting—April 9, 2008, continued... 9:46 p.m. Dawn McKenna,pr.6, served notice of reconsideration on Article 50,parts II and III. Charles Hornig served notice of reconsideration on Article 50,part I. 9:47 p.m. Richard Cana1e moved to take up Article 51. Motion Adopted. 9:48 p.m. Presented by Richard Cana1e,pr.9. ARTICLE 51: ASSOCIATE PLANNING BOARD MEMBER MOTION: That the Zoning By-law of the Town of Lexington be amended to establish an associate member of the Planning Board, as allowed under � ' M.G.L. 40A, Section 9, by adding a new paragraph at the end of section 135- x 13B so that it reads as follows: � � � o `B. SPGA proceduxes. Upon the deternunation that an application far a special ; I � o permit vvith site plan review is complete, or is considered to be complete � „ because of the expiration of 14 days without natification to the applicant,the � � SPGA shall promptly notify the Conservation Cornmission,the Engineering � � Department,the Fire Department,the Board of Health and the Planning Board � � (�vhen it is not the SPGA}.of the receipt of the application and such other � �' boards, commissions or departments as it may consider appropriate, given the �� substance of the application. In the case where the Planning Board is not the � o SPGA, the SPGA shall furnish the Planning Board with one copy of the ° � complete application for a special permit with site plan review and the Planning � o Board sha11 submit a report and recommendation to the SPGA on the �o application. b � � ' "In the case where the Planning Board is the SPGA,the chairman of the Planning � � Board may have the associate member sit on the Board for the purpose of acting on a �� special permit application, in the case of absence, inability to act, or conflict of interest on the part of any member of the planning board or in the event of a vacancy on the board. The associate member will be elected by a majority of the Planning Board to serve for one year, or until replaced." And further that nonsubstantive changes to the numbering of this bylaw be permitted in r order that it be in compliance with the numbering format of the Code of Lexington. ---------------------- Richard Canale moved the report of the Planning Board on Article 51 be accepted and placed on file. Motion Adopted. Mr. Canale reported the Planning Board's unanimous approval. Peter Kelley reported the unanimous support of the Board of Selectmen. 9:51 p.m. Unanimously Adopted. 9:51 p.m. Charles Lamb served notice of reconsideration of Article 51. 9:52 p.m. Moderator Margery Battin recused herself from presiding over Article 38 and appointed Norman Cohen as Temporary Moderator. 9:52 p.m. Presented by Loren Wood, pr.3. ARTICLE 38: MODERATOR RULINGS SUBJECT TO APPEAL (CI'PIZENS' PETITIOl� MOTION: That Chapter 118 of the Code of the Town of Lexington be amended as set forth in the Article, and further that nonsubstantive clianges to the nuxnbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Lexington. TEXT OF WARRANT .ARTICLE: [To see if the Town will vote to amend the Code of Lexington by amending section 118-11, Moderator, by adding the following section which shall be designated section ,�"� 118-11; C as shown below. i ; 'J � Section 118-11. Moderator C. Rulings by the Moderator are subject to appeal, and can be reversed by a majority of the members present. ] , Mr. Wood expla.ined requested action. 9:59 p.m. Jeanne Krieger reported the:opposition of the Board of Selectmen(4-0) 10:00 p.m. Margery Battin,Moderator, spoke in opposition. Members sp�oke in support and opposition, questioned procedures followed by other town meetings, and mechanisms for appeal. ` -- _ _ ___ _ _--- - __ _ --- - � __ __. ._ __ _ _ _ 2008 Annual Town Meeting—April 9, 2008, continued... 4 8 1 10:33 p.m. Thomas Diaz,pr.3, moved the question. Motion Adopted. 10:34 p.m. Loren Wood, pr.3, summarized and voiced his admiration and respect for Moderator Maxgery Battin. 10:35 p.m. Motion Not Adopted. � 10:35 pm. David Kanter, pr.8, served notice of reconsideration of Article 38. 10:35 p.m. Selectman Jeanne Krieger moved adjournment unti17:30 p.m., Monday, April 14, 2008, Cary Memorial Hall. Motion Adopted. ' A true copy. - Attest: � r�- �?vru�, ' Donna . Hooper, Town C erk �.LL�' Apri114,2008 Adjourned Session of the 2008 Annual Town Meeting The Moderator declared the seventh session of the 2008 Annual Town Meeting in session, Monday,April 14, 2008 at 7:30 p.m., Cary Memorial Ha11. A quorum of 169 members was present. The Moderator declared a recess for a presenta.tion by Representative Jay Kaufinan and Lexington High School Principal Dr. Michael Jones to recognize exemplary graduating seniors. The Meeting recognized Dr. Michael Jones as he retires this year. The Board of Selectmen and Lexington Interfaith Clergy Association presented statements against recent actions against Superintendent Paul Ash. ARTICLE 2: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES 7:59 p.m. Selectxnan George Burnell provided an overview of the capital requests. Jeanne Krieger moved to postpone Article 45 to Monday, Apri128�', after Article 40. Unanimously Adopted. � Jeanne Krieger moved Article 48 be brought up after Article 13. Unanimously Adopted. � 8:05 p.m. Presented by Betsey Weiss, Community Preservation Committee. Ms. Weiss continued the Article 9 presentation from that previously voted on Apri17�',with sections k-r. ARTICLE 9: APPROPRIATE FOR FY2009 COMMUNITY PRESERVATION COMIVIITTEE OPERATING BUDGET AND FOR CPA PROJECTS And further, that the Town make appropriations from the Community Preservation Fund and other sources as follows: k. That$95,000 be appropriated froin the Historic Resources Reserve of the Community Preservation Fund for the Town Office Complex building envelope. l. That$47,500 be appropriated from the Historic Resources Reserve of the Community Preservation Fund for the East Lexington Fire Station. m. That$70,000 be appropriated from the Historic Resources Reserve of the Community Preservation Fund for ADA accessible bathrooms and signs for the Town Office Building. n. That$80,000 be appropriated from the Historic Resources Reserve of the Community Preservation Fund for a use study and renovation design of the Town Office Building. o. That the Stone Building renovation project be indefinitely postponed. p. That the proposed land acquisitions be indefinitely postponed. i q. That$579,550 be appropriated from the Historic Resources Reserve of the L.__.�' Community Preservation Fund for the replacement of the Munroe Center fire prevention system. r. That$50,000 be appropriated from the Fund Balance Available for Appropriation Reserve of the Community Preservation Fund to meet the administrative expenses and all other necessary proper expenses of the Community Preservation Committee for FY2009. Part II—Appropriate— 8:05 p.m. Betsey Weiss presented request for Part II (k) and.reported Committee support(9-0). , � 4 8 2 2008 Annual Town Meeting—April 14, 2008, continued... Norman Cohen reported unanimous support of the Board of Selectmen. David Kanter,pr.7, reported unanimous support of Capital Expenditures Committee. Eric Michelson,pr.l, reported unanimous support of the Appropriation Committee. 8:05 p.m. VOTE: Article 9,Part II, (k)—Unanimously Adopted. Charles Lamb,pr.4, served notice of reconsideration-Article 9, II, (k). 8:46 p.m. Betsey Weiss presented request for Part II (1) and reported Committee ' support(9-0) for the windows and (5-4) for the air conditioning. Norman Cohen reported unanimous support of the Board of Selectmen. David Kanter,pr.7,reported unanimous support of Capital Expenditures Committee. ,i Eric Michelson,pr.l,reported unanimous support of the Appropriation Committee. ;� 8:09 p.m. Public Works Director William Hadley and Town Engineer Peter Chalpin ' responded to questions regaxding energy efficiency considerations. 8:11 p.m. Wendy Manz reported her concerns and her opposition. 8:15 p.m. Ephraim Weiss,pr.5,moved part `1' be d.ivided into 2 parts, storm windows and air conditioning. Public Works Director William Hadley spoke in opposition to division. With insufficient members standing in support,the Moderator declared the motion�livided.� /ilbT � 8:19 p.m. Members continued to discuss, speaking in support and opposition, questioning air conditioning system, energy consumption, and energy conservation. 8:31 p.m. VOTE: Article 9,Part II, (1)—Motion Adopted. Charles Lamb,pr.4, served notice of reconsideration-Article 9, II, (1). 8:31 p.m. Betsey Weiss presented request for Part II (m) and reported Committee support(9-0). Norman Cohen reported unanimous support of the Board of Selectmen. David Kanter,pr.7,reported unanimous support of Capital Expenditures Committee. Eric Michelson,pr.l,reported unanimous support of the Appropriation Committee. Members questioned signage,ADA compliance and requested amount. 8:36 p.m. VOTE: Article 9,Part II, (m)—Unanimously Adopted. ,� Charles Lamb,pr.4, served notice of reconsideration-Article 9, II, (m). � 8:37 p.m. Betsey Weiss presented request for Part II(n) and reported Committee support(7-2). Norman Cohen reported unanimous support of the Boaxd of Selectmen. David Kanter,pr.7,reported unanimous support of Capital Expenditures Committee. Eric Michelson,pr.l, reported unanimous support of the Appropriation Committee. Town Manager Carl Valente responded to questions from members regarding evaluation to be made,ways of doing business, and funding components. 8:43 p.m. VOTE: Article 9,Part II, (n)—Motion Adopted. Charles Lamb,pr.4, served notice of reconsideration-Article 9, II, (n). 8:45 p.m. Betsey Weiss e�plained request for indefinite postponement of Part II (o). Members questioned postponement and use of the building. Motion Adopted. � 8:45 p.m. Betsey Weiss explained request for indefinite postponement of Part II (p). Motion to Indefinitely Postpone Adopted. 8:48 p.m. Charles Lamb,pr.4, served notice of reconsideration of Article 9 n. � 8:49 p.m. Setsey Weiss moved postponement of 9 (q) until after Article 48 ; (disposition of Munroe building). Ms. Weiss egplained the request for indefinite � � postponement of Part II (p). Motion Adopted to Indefinitely Postpone. 8:50 p.m. Betsey Weiss presented request for Part II(r). Members questioned estimated balance in the community preservation fund account. Florence Baturin,pr.6, reported unanimous support of the Lexington Housing Partnership Board. Norman Cohen reported unanimous support of the Board of Selectmen. , David Kanter,pr.7,reported unanimous support of Capital Expenditures Committee. Eric Michelson,pr.l, reported unanimous support of the Appropriation Committee. 8:55 p.m. VOTE: Article 9, Part II, (r)—Unanimously Adopted. __ _ _ _ ___--- __ _ _ _ � _ ___ _ _ _ _ __ __ _ -- - 2008 Annual Town Meeting—April 14, 2008, continued... � 8 3 Charles Lamb,pr.4, served notice of reconsideration-Article 9, II, (r). 8:55 p.m. Presented by Sandra Shaw,pr.4. ARTICLE 14: APPROPRIATE FOR RECREATION CAPITAL PROJECTS MOTION: That the following amounts be appropriated for the following capital improvements and that each amount be raised as indicated: a. Center Complex Restroom Renovation—$77,000 for renovating the ' restroom facility at the Center Recreation Complex on Park Drive, and to meet this appropriation$77,000 be raised from the general fund unreserved fund balance. � b. Park Improvements (Athletic Fields)—$100,000 to improve the condition of � --� the Bridge School athletic fields, and to meet this appropriation the Treasurer,with the approval of the Board of Selectmen, is authorized to borrow$100;000 under M.G.L. Chapter 44, Section 7, or any other enabling authority. Richard Thuma, Recreation Committee,presented request. 8:59 p.m. George Burnell reported unanimous support of the Boaxd of Selectmen Shirley Stolz reported unanimous support of the Capital Expenditures Committee. Deborah Brown reported unanimous support of the Appropriation Committee. 9:03 p.m. Members spoke in support, questioned ADA compliance. 9:05 p.m. Unanimously Adopted. 9:05 p.m. Charles Lamb,pr.4, served notice of reconsideration on Article 14. 9:06 p.m. Presented by Selectman George BurnelL ARTICLE 15: APPROPRIATE FOR MUI�TICIPAL 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) Woburn Street Reconstxuction- $700,000 for the complete reconstruction of i Woburn Street and curbing, sidewalks and a11 incidental costs related ' thereto, and that to meet this appropriation the Treasurer, with the approval �� of the Board of Selectmen, is authorized to borrow$700,000 under M.G.L. Chapter 44, Section 7 or any other enabling authority; 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. b) DPW Equipment Replacement- $510,000 for the cost of departmental equipment for the Department of Public Works and all incidental costs related thereto, and that to meet this appropriation $3,834 be transferred from the unexpended balance appropriated under Article 8(c) of the 2002 Annual Town Meeting, $13,344 be transferred from the unexpended balance appropriated under Article 32(e) of the 2005 Annual Town Meeting, and the Treasurer, with the approval of the Board of.Selectmen, is authorized to borrow$492,822 under 1VI.G.L. Chapter 44, Section 7 or any other enabling , authority. c) Sidewalk Improvements - $275,000 for the construction and reconstruction of sidewalks and a11 incidental costs related thereto, and that to meet this appropriation the Treasurer,with the approval of the Board of Selectmen, is authorized to borrow$275,000 under M.G.L. Chapter 44, Section 7 or any other enabling authority. `��""' d CBD Sidewalks -$370,000 sidewalk�econst�-uction in the Central Business � ' (d)moved : � ' : our�vorea : District and all incidental costs related theYeto, and to ineet this - ' SepNOTly ' approp�iation the T�easurer, ivith the approval of the Board of Selectmen, is = ADOPT�D : authorized to borrow$370,000 under M.G.L. Chapter 44, Section 7 oN any othe�enabling authoYity. `��•��•��••••��•��` e) Geographic Information System(GIS) - $184,350 for the cost of a computerized mapping system and all incidental costs related thereto, and that to meet this appropriation$33,183 be transferred from Water Retained Earnings, $22,122 be transferred from Sewer Retained Earnings, and the Treasurer,with the approval of the Board of Selectmen, is authorized to borrow$129,045 under M.G.L. Chapter 44, Section 7 or any other enabling authority. ` 4 8 4 2008 Annual Town Meeting—April 14, 2008, continued... fl Storm Drain Improvements - $160,000 for constructing and reconstructing storm drains and a11 incidental costs related thereto, and that to meet this appropriation$11,481 be transferred from the unexpended balance . appropriated under Article 32(c) of the 2005 Annual Town Meeting and the Treasurer,with the approval of the Board of Selectmen, is authorized to borrow$148,519 under M.G.L. Chapter 44, Section 7 or any other enabling authority. ' g) Hydrant Replacement Program- $50,000 for tlie replacement of fire ' hydrants and all incidental costs related thereto, and that to meet this appropriation$25,000 be transferred from Water Retained Earnings and $25,000 be raised from the general fund unreserved furid balance. i�� h) Street Improvements- $525,000 for road reconstruction,repairs and I� resurfacmg by the Department of Public Works and all incidental costs related thereto, and that to meet this appropriation$525,000 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. � Traffic Mitigation- $50,000 for engineering services for traffic and intersection improvements town-wide, and that to meet this appropriation � $50,000 be raised from the general fund unreserved fund balance. ,�) Replacement of Rescue 2 - $200,000 for purchasing a new ambulance and 0 all incidental costs related thereto, and that to meet this appropriation$4,738 be transferred from the unexpended balance appropriated under Article 17 of the 2004 Annual Town Meeting, and the Treasurer,with the approval of the Board of Selectmen, is autharized to borrow$195,262 under M.G.L. Chapter 44, Section 7 or any other enabling authority. k) Police/Fire Mobile Computerization- $156,000 for the purchase of computers to be used in vehicles used by public safety personnel and all incidental costs related thereto, and that to meet this appropriation the Treasurer,with the approval of the Board of Selectmen, is authorized to borrow$156,000 under M.G.L. Chapter 44, Section 7 or any other enabling authority. 1) Permit Tracking Software—$100,000 for the purchase of computer ' software, and equipment and all incidental costs related thereto, and that to ! meet this appropriation the Treasurer, with the approval of the Board of Selectrnen, is authorized to borrow$100,000 under M.G.L. Chapter 44, Section 7 or any other enabling authority. m) Town/School Phone Needs Assessment- $30,000 for evaluating telephone system needs for 1Vlunicipal Departments and the School Department, and that to meet this appropriation$30,000 be raised from the general fund unreserved fund balance. n) Head End Equipment Replacement- $60,000 for replacing head-end network equipment, and that to meet this appropriation$60,000 be raised from the general fund unreserved fund balance. George Burnell moved to divide out(d) to debate and vote separately. Motion Adopted. 9:07 p.m. George Burnell presented request for Article 15 (a-e,f-n). Wendy Manz reported the support of the Planning Board for(a). Public Works Department staff responded to questions from a resident regarding her concerns _ on a possible steel guardrail on Woburn Street. Members questioned project implications on tr�c, sidewalk plans, bicycle lanes, utility poles, and trees. Public Works Department staff responded further. ---, I I Members questioned traff c situations and intersections and traffic mitigation for part(i). 9:50 p.m. George Burnell reported the unanimous support of the Board of Selectmen- � 15 (a-c)(e-n). Ted Edson reported unanimous support of the Capital Expenditures Committee -15 (a-c)(e-n). Deborah Brown reported unanimous support of the Appropriation Committee - 15(a-c)(e-n). 9:54 p.m. Motion Under Article 15, (a-c)(e-n)Unanimously Adopted. Charles Lamb,pr.4, served notice of reconsideration on Article 15 - (a-c)(e-n). 9:55 p.m. Presented by Selectman George Burnell. ARTICLE I S (d) —(see above) � _ _ _ __ ____ ___ _ � --- _._ _ _ _ _ _ _ _ 2008AnnualTownMeeting—Aprill4, 2008, continued... 4 8 5 George Burnell addressed the brick sidewalk history,proposed work in 15(d) as phase III of the brick sidewalk work. George Burnell reported the support of a majority of the Board of Selectmen (4-1), with Peter Kelley in opposition. 10:02 p.m. Ted Edson reported the unanimous opposition of the Capital Expenditures Committee. Committee member David Kanter reported further concerns. 10:08 p.m. Susan McLeish reported the opposition(7-1) of the Appropriation Comxnittee. 10:09 p.m. Planning Boaxd Member Wendy Manz spoke in support. , ' 10:10 p.m. Fred Johnson, Lexington Center Committee, spoke in support. � Members spoke in support and opposition, questioned brick sidewalk maintenance, cost to place utility wires underground, questioned report of the Commission on Disabilities, and ; possible construction schedule. 1� 10:23 p.m. Francine Steiglitz reported concerns of the Commission on Disabilities. Members discussed further. 10:41 p.m. Following a standing vote, on Article 15 (d),tallied as follows: Precinct YES NO 1 1 10 2 1 11 3 2 14 4 3 12 5 2 14 6 5 14 7 3 9 8 0 11 9 1 11 AL 5 6 Tofal 23 112 10:41 p.m. Article 15 (d) Declared Not Adopted. 10:41 p.m. Charles Lamb,pr.4, served notice of reconsideration on Article 15 (d). 10:42 p.m. Jeanne Kt�ieger moved the meeting be adjourned unti17:30 p.m.,Wednesday, April 16, 2008, Cary Memorial Hall. Unanimously Adopted. A true copy. � Attest: �� " Donna M. Hooper, own Clerk Apri116,2008 Adjourned Session of the 2008 Annual Town Meeting The Moderator declared the eighth session of the 2008 Annual Town Meeting in session, Wednesday, April 16, 2008 at 730 p.m., Cary Memorial Ha11. A quorum of 168 members was present. . The Moderator declared a recess during which Selectman Norman Cohen recognized the 20�' anniversary of Alan Fields' contributions and role with the Trustees of Public Trusts. ARTICLE 2: REPOR'�S OF TOWN BOARDS, OFFICERS, COMMITTEES 7:46 p.m. Elaine Dratch,pr.5,moved the Report of the Transportation Advisory Committee be accepted and placed on file. Unanimously Adopted. Sara Arnold,member, reported. 7:54 p.m. Selectman Jeanne Krieger moved Articles 16-19 and Article 28 be taken up Monday, Apri128, 2008. Unanimously Adopted. 7:54 p.m. Presented by Charles Lamb,pr.4, ' ARTICLE 52: AMEND ZOI�TING BY-LAW, CRS ZONE 303,311-325 _I WOBURN STREET,400 LOWELL STREET (OWNERS' PETITIOl� MOTION: That the Zoning Map of the Town of Lexington be amended by changing the zoning district designation of the land described in the Article from its current RO, One Family Dwelling, zoning district to a CRS, Retail Shopping, zoning district. The boundaries of the CRS,Retail Shopping, zoning district sha11 be as set forth in the Article. 4 8 6 2008 Annual Town Meeting—April 16, 2008, continued... WARRANT TEXT: To see if the Town will vote to amend the Code of the Town of Lexington,Zoning By-Law and the Zoning Map of the Town of Lexington,by changing the zoning district designation of that property commonly known as 303 Woburn Street,Lexington,MA 02420,and more specifically described in the metes and bounds legal description shown in Exhibit A,on file with the Board of Selectmen and Town Clerk and incorporated herein,from the current RO Zoning District(one family dwelling)to a CRS Zoning District(retail shopping)to allow construction of commercial retail space,and also to amend the ro o • Code of the Town of Lexington and the Zoning Map of the Town of Lexington to change that portion of � � the property commonly known as 311-325 Woburn Street and 400 Lowell Street,currently partly within � � the RO Zoning District and partly within the CRS Zoning District and more specifically described in the 00 legal description shown on said Exhibit A,to a CRS Zoning District such that all the property commonly i a''i .� o lmown as 311-325 Woburn Street is Located within the CRS Zoning District,and to take any other � � �`" action or to act in any other manner relative thereto. c v� +� o � a�'i � EXHIBIT "A"—Legal Description: �� a 313-323 Woburn Street& 400 Lowell Street o a� 'C U V] � � .ty Three(3)parcels of land with the building thereon,situated in Lexington,Middlesex County,Massachusetts on � � � � Woburn and Lowell Streets,bounded and described as follows: a �+ u� �� a Two(2)parcels of land,one with an area of 20,012 square feet of land,the other with an area of 14,947 square feet of land,both of which are shown on a plan of land in Lexington,Massachusetts,belonging to Counixyside,Inc.,dated May 19, 1937,John F.Rand,C.E.duly recorded with Middlesex South District Registry of Deeds in Book 6174,Page 220 and according to said plan together bounded and described as follows: NORTHERLY by Woburn street,two hundred thirty-seven and 30/100(23730)feet; NORTHEASTERLY by a curved line forming the junction of Woburn Street and Lowell Street, forty-two and 28/100(42.28)feet; EASTERLY by Lowell street,sixty and 06/100(60.06)feet; SOUTHERLY by other land of the grantor herein and further described as the other parcel hereinafter mentioned;two hundred sixty-five and 6/100(265.6)feet;and WESTERLY by land of H.M.Munroe,one hundred eighty-four and 32/100(18432)feet. Also another parcel of land being shown as a parcel containing 6657 square feet and being on a plan of land at Lexington Dated August 1938,F.F.Cutter C.E.,duly recorded with said Deeds in Book 6237,Page 42 and according to said plan bounded and described as follows: NORTHERLY by other land of the grantor herein as hereinbefore described two hundred sixty-five and 6/100(265.6)feet; EASTERLY by Lowell Street,tweniy-five(25)feet; SOUTHERLY by land now or formerly of Munroe,two hundred sixty-seven(267)feet;and WESTERTLY by other land now or formerly of Munroe,twenty-five(25)feet. 303 Woburn Street,Lexington,Massachusetts 02420 the land with the buildings thereon,situated in Lexington,Middlesex County,Massachusetts,and being known and numbered as 303 Woburn Street,Lexington,MA 02420 and being Lot 1 in Section No.5 on plan entitled `Subdivision Plan of the Munroe Estate Lexington,Mass.", dated June 5, 1950 made by Fred A.Joyce,Surveyor, recorded with Middlesex South District Registry of Deeds at the end of Record Book 7677,bounded: NORTHERLY by Woburn Street,one hundred(100)feet; EASTERLY by land of Countryside,Inc.as shown on said plan,one hundred thiriy-three (133)feet; SOUTHERLY as shown on said plan,one hundred seven(107)feet, WESTERLY as shown on said plan,one hundred thirty-three(133)feet, Containing 13,590 squaze feet. Said above described parcel is also shown as Lot 1 in Section No.5 on plan entitled"Subdivision Plan of the Munroe Estate Lexington,Mass.",dated June 5, 1950,made by Fred A.Joyce, Surveyor,recorded with Middlesex South District Registry of Deeds at the end of Record Book 7651. �, i , See Resignation of Trustee dated May 25,2006 and recorded with Middlesex South Registry of Deeds in Book I 47559;Page 126. Being the same premises conveyed by deed of William H. Seabrook dated November 20, 1997,recorded at Book 27902,Page 084. -------------------- 7:55 p.m. John Farrington presented Article 52 on behalf of the applicant. 8:04 p.m. Wendy Manz reported support(3-2) of the Planning Board and moved the report of the Planning Board on Article 52 be accepted and placed on file. Unanimously Adopted. 8:09 p.m. Norman Cohen reported the support(4-1) of the Board of Selectmen. 8:13 p.m. Selectman Peter Kelley presented his report in opposition. ___ _ _ ___ _ _ - - � --__ _ _ _ _ _ ___ _. . __ __ - - ---- 2008 Annual Town Meeting—Ap�il 16, 2008, continued... 4 8 7 8:17 p.m. Robert Peters reported the support of the Lexington Housing Authority and of its concerns on safety and pedestrian access with current configuration. 8:18 p.m. Ephraim Weiss,pr.5,moved the motion be divided. The Moderator ruled the motion divisible. Planning Board member Wendy Manz supported voting in totality. Ephraim Weiss,pr.5,presented justification for division. With 25 members having stood in support,the Moderator declared the question divided. ' John Farrington requested the Countryside site [313-323 Woburn Street&400 Lowell Streetl to be voted first. 8:20 p.m. Members spoke in opposition and support, questioning grandfathered I nonconforming configurations,tra�c accidents at intersection, curb-cut improvements, � LexPress contribution, current floor area of current buildings, sidewalk location and right of way, and encroachment on neighbors. Residents spoke on their concerns and opposition. � 9:03 p.m. Marsha Baker,pr.7, called the question. Motion Adopted. 9:04 p.m. John Farrington closed on the presentation and of this part of divided motion. 9:05 p.m. Following a standing vote, on Article 52,part I [313-323 Woburn Street& 400 Lowell Street],tallied as follows: Precinct YES NO 1 16 4 2 13 2 3 11 8 4 11 7 5 12 5 6 15 4 7 12 4 8 13 2 9 14 1 AL 7 3 Total 124 40 9:09 p.m. Article 52,Part I,Declared Adopted, more than the required two-thirds vote. 9:09 p.m. Article 52, Part II [303 Woburn Street]: � Members of the Planning Board, Board of Selectmen and Housing Authority reported no further comments on Article 52. � Members spoke in favor and in opposition, and questioned sidewalk improvements and � commitments for improvements from the owner. Residents from the audience spoke in opposition, citing concerns with pedestrian safety. Mr. Farrington and landscape architect Gary Larson responded to questions. 9:33 p.m. Planning Board member Richard Canale reported his concerns with safety and tr�c issues, curb cuts, and failure to present compelling need for additional retail space. Anthony Galaitsis affirmed agreement with Mr. Canale. 9:47 p.m. Patrick Mehr,pr.3,moved debate be extended 30 minutes.Not Adopted. 9:49 p.m. Joel Adler;pr.l,moved the question. Motion Adopted. 9:50 p.m. John Farrington, on behalf of the applicant, summarized and sought support. 9:54 p.m. Following a standing vote, on Article 52,part II [303 Woburn Street], tallied as follows: Precinct YES NO 1 7 13 2 8 7 3 10 9 4 6 12 5 3 14 6 13 6 � 7 7 7 8 6 � 9 ' 9 10 5 �� AL 6 4 � Total 76 86 ` 9:54 p.m. Motion Declared Not Adopted. 9:54 p.m. Andrew Friedlich,pr.5, served notice of reconsideration,Article 52,part II. 9:58 p.m. Selectman Jeanne Krieger moved adjournnlent unti1730 p.m.,Monday, Apri128, 2008, Cary Memorial Hall. Unanimously Adopted. A true copy. Attest: j �� . Donna M. Hooper, Town Clerk 488 April 28,2008 Adjourned Session of the 2008 Annual Town Meeting The Moderator declared the ninth session of the 2008 Annual Town Meeting in session, Monday, Apri128, 2008 at 7:30 p.m., Cary Memorial Hall. A quorum of 167 members was present. The Moderator reviewed the rules of engagement. ARTICLE 2: REPORTS OF TOWN SOARDS, OFFICERS, COMMITTEES 7:39 p.m. Paul Lapointe,pr.2, moved the report of the Council on Aging be accepted and placed on file. Mr. Lapointe reviewed operations and reported on the status of ' the Barnes property assessment. Mr. Lapointe reported the Council on Aging's support of Indefinite Postponement of that portion of the Capital budget request. Motion to accept report Unanimously Adopted. i 7:52 p.m. Presented by Patrick Mehr,pr.3,Electric Utility Ad Hoc Committee. � ARTICLE 40: DOUBLE UTILITY POLES (CITIZENS'PETITIOl� MOTION: That the following resolution be adopted: Whe�eas MGL, Chapter 164, Section 34B requires utilities (Verizon and NStar in Lexington)to remove double utility poles within 90 days, with no penalty for violation; Whe�eas the Acts of 2003, Chapter 46, Section 110 required the Depa.rtment of Telecommunications and Energy("DTE")to issue a report relative to reducing the number of double utility poles within the Commonwealth,with recommendations and proposed legislation for enforcement of MGL, Chapter 164, Section 34B; WHEREAS DTE recommended"[...] that a penalty mechanism not be implemented until there is additional experience with the operation of the PLM [the utilities' Pole Lifecycle Management system]" (November 28, 2003 report, Docket No. DTE 03-87); Whereas on October 30, 2006,Verizon's Vice President of External Affairs told the Board of Selectmen: "we should [...] in a six-month time period be largely through our backlog of double poles."; and Whereas from October 2006 until Apri12008 the number of double poles in Lexington � increased by 42%, from 243 to 345 (at least 2f 7 of which are in violation of MGL, � Chapter 164, Section 34B). Therefore,be it resolved that the Lexington Town Meeting: asks the Selectmen to request in writing that the Department of Public Utilities and the Department of Telecommunications and Cable reopen Docket No. DTE 03-87 and recommend to the Legislature that a schedule of fines for violation of MGL, Chapter 164, Section 34B be adopted; and asks the Town Manager to report at the next Town Meeting on compliance by the utilities with MGL, Chapter 164, section 34B in Lexington. 7:52 p.m. Mr. Mehr reviewed double pole situation and presented requested resolution. 8:01 p.m. Verizon Representative Stanley Usovicz sununarized Verizon's work and commitment to reduce the number of double utility poles. 8:03 p.m. Norman Cohen reported the unanimous support of the Board of Selectmen for the resolution at the end of the motion. 8:05 p.m. Moderator Margery Battin declared that debate at Town Meeting is about double poles, and the penalty for noncompliance. ; � `I Members questioned degree of accuracy of the double-pole database. Mr. Mehr and Public � Works Director William Hadley commented on the double-pole database. Members continued to question and speak on fines for fa.ilure to remove poles and clean up of the double-poles database. 8:18 p.m. Motion Adopted. 8:18 p.m. Presented by Selectman George Burnell. ARTICLE 16: APPROPRIATE FOR WATER DISTRIBUTION IMPROVEMENTS MOTION: That the Selectmen are hereby authorized to install new water mains and replace or clean and line existing water mains and a11 incidental costs related thereto in ` such accepted or unaccepted streets or other land as the Selectmen may determine, _-- -. _ _ ____ _ __ � __ _ _ _ _ __ _ __ _ _ __ _ _ ___ _ ___ _ _- __ 2008 Annual Town Meeting—April 28, 2008, continued... 4 8 9 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$1,800,000 for such installation and lining and land acquisition; and to meet this appropriation the Treasurer with the approval of the Board of Selectmen is authorized to borrow$1,800,000 under M.G.L. Chapter 44, Section 8 or any other enabling authority; and that the Treasurer with the approval of the Boaxd 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 andJor security agreement. Mr. Burnell reviewed and explained requested action. i 8:22 p.m. Ted Edson reported the unanimous support of the Capital Expenditures �� Committee. John Bartenstein reported the unanimous support of the Appropriation Committee. 8:23 p.m. Unanimously Adopted. 8:23 p.m, Presented by Selectman George BurnelL ARTICLE 17: APPROPRIATE FOR SEWER IMPROVEMENTS MOTION: a) That 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, and acts in addition thereto and amendment thereof, 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 the Treasurer with the approval of the Board of Selectmen is authorized to borrow$1,200,000 under M.G.L. Chapter 44, Section 7 or any other enabling authority; and that the Treasurer with the approval of the Board of Selectmen is authorized to borrow a11 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) That$100,000 be appropriated for pump station upgrades and all incidental costs related thereto, and to raise such amount the Treasurer,with the approval of the Boaxd �" of Selectmen, is authorized to borrow$100,000 under M.G.L. Chapter 44, Section 7 or any other enabling authority. George Burnell reported unanimous support of the Board of Selectmen. 8:23 p.m. Ted Edson reported unanimous support of the Capital Expenditures Committee. John Bartenstein reported unanimous suppoxt of the Appropriation Committee. 8:24 p.m. Unanimously Adopted. 8:24 p.m. Charles Lamb,pr.4, served notice of reconsideration on Article 16 &Article 17. 8:25 p.m. Presented by Thomas Diaz,pr.3. ARTICLE 18: APPROPRIATE FOR SCHOOL 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) School Technology- $600,000 for maintaining and upgrading the schools' technology systems, and that to meet this appropriation$135,000 be transferred from the unexpended balance appropriated under Article 30(a) of the 2005 Annual Town Meeting, and the Treasurer, with the approval of the Board of Selectmen is authorized to borrow$465,000 under M.G.L. Chapter 44, Section 7 or any other enabling authority. I b) PreK-12 Master Plan- $155,000 for produc'ing a comprehensive PreK through 12 �� Facility Master�Plan;and that to meet this appropriation$155,000 be raised from the general fund unreserved fund balance. c) Food Service Equipment- $55,000 for the purchase of food service equipmenti, and that to meet this appropriation$55,000 be raised from the general fund unreserved fund balance. d) Classroom Furniture- $25,000 for the purchase of classroom furniture, and that to meet this appropriation$25,000 be raised from the general fund unreserved fund balance. 4 9 0 z008 Annual Town Meeting—April 28, 2008, continued... Patrick Goddard, Director of Facilities, reviewed assessment of high school space and other needs. Mary Ellen Du.nn,Assistant Superintendent for Finance, explained food service equipment replacement needs and needed furniture purchases. 8:34 p.m. Members spoke in support, questioned personnel needs to fully utilize assets, and master plan for buildings and equipment maintenance, with recent high school renovations and construction. 8:45 p.m. Unanimously�Adopted. 8:45 p.m. Charles Lamb,pr.4, served notice of reconsideration on Article 18. 8:46 p.m. Presented by Selectrnan George Burnell. ARTICLE 19: APPROPRIATE FOR PUSLIC FACILITIES CAPITAL —� PROJECTS i I MOTION: That the following amounts be appropriated for the following capital �,�.� improvements and that each amount be raised as indicated: a) Remodeling, reconstructing and extraordinary repairs (Lexington Public Schools—Systemwide) - $1,920,000 for remodeling,reconstructing and making extraordinary repairs to public school building, and that to meet this appropriation$270,720 be transferred from the unexpended balance appropriated under Article 30(a) of the 2005 Annual Town Meeting, $80,000 be raised from the general fund unreserved fund balance and the Treasurer,with the approval of the Board of Selectmen;is authorized to borrow$1,569,280 under M.G.L. Chapter 44, Section 7 or any other enabling authority. b) Safe Parent Pick Up and Parking (Bridge)—$65,000 for studying tr�c patterns at Bridge School and design improvements to improve safety, and that to meet this appropriation$65,000 be raised from the general fund unreserved fund balance. c) Estabrook Oil Tank—$50,000 for removing the underground oil tank at Estabrook School and replacing it with a suitable alternative, and that to meet this appropriation$50,000 be raised from the general fund unreserved fund balance. d) Building Envelope - $153,750 for remodeling,reconstructing and making , extxaordinary repairs to municipal buildings, and that to meet this i appropriation$153,750 be raised in the tax levy. ��-��•��: e) Mun�oe FiYe Prevention System—$579,550 for the repair of the fi�e '�' € Separate : = our;Nar : alarm/sprinkleN system at the Munroe Center, and that to meet this : Aaoprea � appropriation the TreasureY, with the approval of the Board of Selectmen, is �� autho�ized to borrow $579,SSO under M.G.L. Chapte�44, Section 7 or any other enabling authority. fl Fire Headquarters Renovation and Redesign- $40,000 for a study of the building to make recommendations on how to better utilize the existing space and how to maximize benefits of an addition to the current structure, and that to meet this appropriation$40,000 be raised from the general fund unreserved fund balance. - g) Senior Center Design, Renovation and Expansion—That this project be indefinitely postponed. The Moderator ruled part(e) to be dived out and voted after 9(c�, and part(g)to be indefinitely postponed. Selectman George Burnell presented and summarized requests. Mr. Burnell reported the unanimous support of the Board of Selectmen for 19 (a-d)(�. Ted Edson reported the unanimous support of the Capital Expenditures Committee. Deborah Brown reported the unanimous support of the Appropriation Committee. 8:52 p.m. David Kaufinan,pr.6, questioned planned repairs. � 8:56 p.m. Motion for parts a,b,c,d,f—Unanimously Adopted. �r� � 8:56 p.m. George Burnell moved Article 19(e)be postponed until after 9q. Unanimously Adopted. 8:57 p.m. Selectman George Burnell presented reasons and moved to Indefinitely postpone Article 19(g). 8:59 p.m. James Goell, 6 Boxwood Ln, spoke, on behalf of Lexington seniors, on need to move forward with a new senior center. 9:03 p.m. Motion to Indefinitely Postpone Article 19(g) Unanimously Adopted. 9:03 p.m. Charles Lamb served notice of reconsideration on Article 19 a,b,c,d,f. ' __ _ __ _ _ - ___ _ __ . _ � _ ---_ _ . _ _ _ _ _ _ _ _ 2008 Annual Town Meeting-ApNil 28, 2008, continued... 4 9 1 9:05 p.m. Presented by Selectman Hank Manz. ARTICLE 28: APPROPRIATE FOR AUTHORIZED CAPITAL IlV�ROVEMENTS MOTION: That in addition to the $85,000 previously appropriated under Article 29(a) of the 2007 Annual Town Meeting, $60,000 be appropriated for reconstructing the double basketball court at the Center Recreation Complex, and that to meet this appropriation$60,000 be raised from the general fund unreserved fund balance. 9:06 p.m. Recreation Committee Richard Thu.ma presented requested action. ' Shirley Stolz reported unanimous support of the Capital Expenditures Committee. Susan McLeish presented una.iumous support of the Appropriation Committee. I Members questioned accessibility requirements and availability of private funding,to which �__' Mr. Manz and Mr. Thuma responded. 9:12 p.m. Motion Adopted. 9:12 p.m. Charles Laxnb,pr.4, served notice of reconsideration of Article 28. 9:12 p.m. Presented by Selectman Norman Cohen. ARTICLE 45: SALE OF LAND TO ABUTTER MOTION: That the Selectmen be and are hereby authorized to convey the land described in the article to the owner of abutting property for a price of not less than $27,500 and on such other terms as the Selectmen may determine. 9:12 p.m: Norman Cohen reviewed requested action and reported unanimous support of the Board of Selectmen. 9:14 p.m. Members questioned properiy development and terms to be imposed, Mr. Cohen responded. 9:17 p.m. Motion Declared Adopted by more than the required two-thirds vote. 9:18 p.m. Charles Lamb,pr.4, served notice of reconsideration of Article 45. 9:18 p.m. Selectman Jeanne Krieger moved adjournment until 7:30 p.m., Wednesday, Apri130, 2008; Cary Memorial Ha11. Motion Adopted. iA true copy. Attest: �,�/1�-�l d l, Donna M. Hooper, To Clerk April 30,2008 Adjourned Session of the 2008 Annual Town 1VIeeting The Moderator declaxed the tenth session of the 2008 Annual Town Meeting in session, Wednesday, Apri130,2008 at 7:30 p.m., Cary Memorial Hall. A quorum of 159 members was present. 7:37 p.m. Joyce Miller,pr.7,moved to take up articles 10, 11, 12, and 13. Unanimously Adopted. 7:39 p.m. Presented by Joyce Miller,pr.7. , ARTICLE 10: LAND PURCHASE—OFF MARRETT ROAD 1VIOTION: That this article be indefinitely postponed. Unanimously Adopted. 7:40 p.m. Presented by Joyce Miller,pr.7. ARTICLE 11: LAND PURCHASE—OFF HARTWELL AVENUE MOTION: That this article be indefinitely postponed. Unanimously Adopted. i �> ARTICLE 12: LAND PURCHASE—OFF LOWELL STREET �- MOTION: That this article be indefinitely postponed. Unanimously Adopted. � ARTICLE 13: LAND PURCHASE—OFF CEDAR STREET AND OFF HARTWELL AVENUE MOTION: That this article be indefinitely postponed. Unanimously Adopted. ARTICLE 48: MUNROE SCHOOL DISPOSITION MOTION: That this article be indefinitely postponed. Selectman Krieger reported reasons for indefinite postponement. David Kanter reported unanimous support of the Capital Expenditures Committee. 4 9 2 2008 Annual Town Meeting—April 30, 2008, continued... Alan Levine reported the Appropriation Coxnmittee had no position on the motion. Unanimously Adopted. 7:46 p.m. Selectman Jeanne Krieger moved Article 9(q) and Article 19 (e)be taken up in that order, after Article 60. Unanimously Adopted. 7:46 p.m. Presented by John Rosenberg, pr.4. ARTICLE 53: AMEND ZO1vING BY-LAW, CM DISTRICT FLOOR ' AREA RATIO (CITIZENS' PETITIOl� MOTION: That Chapter 135 of the Code of the Town of Lexington . be amended as follows: � I Strike out the number"0.15"and insert in place thereof the number"0.35" in Table 2, I Schedule of Dimensional Controls, on the line "Maximum Floor Area Ratio (FAR)", under the column headed CM. And further that nonsubstantive 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. John Rosenberg reported on articles to be presented and requested Mr. Larry Smith be recognized for his presentation. � 8:08 p.m. Charles Hornig moved the report of the Planning Board on Articles 53-60 be accepted and placed on file. Unanimously Adopted. 8:08 p.m. Mr. Hornig summarized and reported unanimous recommendation of the Planning Board to disapprove Article 53. 8:13 p.m. Jeanne Krieger reported coinmitment to enhance the tax base but of the need to � oppose the motion under Article 53 by a majority of the Board of Selectmen. 8:15 p.m. MaryJo Bohart, Executive Director of the Lexington Chamber of Commerce spoke in support of the motion. 8:16 p.m. David Kanter,pr.7, questioned the special permit procedure control over increase proposed. Charles Hornig, Planning Board,responded to questions. ' �i I j Members spoke in support and opposition, raised questions on original purpose of a ; moratorium and raised questions regarding traffic. 8:51 p.m. Joyce Miller,pr.7, called the question. Motion Adopted. 8:52 p.m. John Rosenberg requested Mr. Larry Smith be recognized to summarize. Mr. Smith summarized and identified economic development opportunity from this article. ' 8:53 p.m. Following a standing vote, on Article 53,tallied as follows: Precinct YES NO 1 13 5 2 12 4 3 6 10 4 11 5 5 9 6 6 12 5 7 9 7 8 11 6 9 11 6 AL 2 7 Total 96 61 8:58 p.m. Motion Declared Not Adopted. 8:58 p.m. Richard Michelson,pr.8, served notice of reconsideration of Article 53. 8:58 p.m. Presented by John Rosenberg,pr.4. � ARTICLE 54: AMEND ZOl�TING BY-LAW,NIIXED USES IN CM DISTRICT I (CITIZENS' PETITIOl� �„� � MOTION: That Chapter 135 of the Code of the Town of Lexington be amended as follows: Delete the letter"N" and insert in the place thereof the letters"SP" in Table 1,Permitted Uses and Development Standards, Part B, Commercia.l Uses,urider the column entitled CM on the � following Lines: 7.Y2Laundry or dry cleaning pickup station with processing done elsewhere; laundry or dry clea.ning with processing on the premises subject to the development , standards for the district; self service Laundromat or dry cleaning __ - _ _ __- � -- _ _ _ _ _ _ _ _ _ ___ -- _. _ _ --- _---_ 2008 Annual Town Meeting—April 30, 2008, continued... 4 9 3 8.11 Convenience goods often bought on a daily basis such as food, candy,newspapers, tobacco products 8.12Food,but not that intended for consumption on the premises, includes delicatessen or bakery, but not a takeout or fast food service 8.170ther retail goods such as books, stationery, drugs, sporting goods,jewelry, photographic equipment and supplies, flowers, novelties, cards, footwear;and the like which are typically of a size that a customer can carry by hand 8.31 Stores with less than 2,000 square feet of floor area per establishment ' 8.33 All sales or rental conducted entirely within a fiilly enclosed building; temporary display of products outdoors during operating hours permitted 9.12 Fast-food or takeout service serving enough food to comprise a meal �� 9.13 Takeout or fast-food service serving food or beverages, such as coffee, snacks, ice �_�, cream, or donuts,but not enough to comprise a meal 9.14Caterer or other establishment preparing meals for groups of people And further that nonsubstantive 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. 8:58 p.m. Mr. Larry Smith summarized proposed action under Article 54. Chaxles Hornig reported the Planning Board's opposition and concerns on the affect on the businesses in the center district. - 9:01 p.m. Hank Manz reported the unanimous opposition of the Boaxd of Selectmen. 9:02 p.m. Eric Michelson,pr.l, questioned if a`strip mall' could be prevented,to which Charles Hornig acknowledged the same concern of the Planning Board. Members spoke in support and opposition, questioned `fast food' operations, and possible tr�c implications. � 9:24 p.m. Robert Whitman,pr3, moved the question. Motion Adopted. 9:25 p.m. Following an uncertain voice vote the Moder�tor called for a standing vote, tallied as follows: Precinct YES NO 1 6 11 2 11 5 3 7 8 4 9 7 � 5 7 7 � 6 14 4 7 9 7 8 10 4 9 8 6 AL 0 8 Total 81 67 9:28 p.m. Motion Declared Not Adopted. 9:28 p.m. Presented by John Rosenberg,pr.4. ARTICLE 55: AMEND ZOl�TING BY-LAW, CRO DISTRICT FLOOR AREA RATIO (CITIZENS' PETITION) MOTION: That Chapter 135 of the Code of the Town of Lexington be amended as follows: Add a new line 16.13 in Table 1, Permitted Uses and Development Standaxds, Part B, Commercial Uses, as follows: "16.13: Light Manufacturing And insert either the letter N or the letter Y, where "N"means "no" and"Y"means "yes", at the head of the respective columns of each zoning district as follows: i CN-"N", CRS"N", CS-"N", CB"N", CLO-"N", CRO-"Y", CM-"Y"" � And further that nonsubstantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of Lexirigton. ----------------- 9:31 p.m. Larry Smith presented motion and outlined requested action. 9:36 p.m. Charles Hornig reported the support of the Planning Board, with an amendment . to require a special permit. 9:38 p.m. Peter Kelley reported the unanimous support of the Board of Selectmen and the Selectmen's opposition to an amendment. 9:40 pm. Charles Hornig moved the following amendment: � MOTION: Under Article 55,the Planning Board moves to amend as follows: To amend the main motion by substitution"SP"for"Y"for the CRO District so that the motion 4 9 4 2008 Annual Town Meeting—April 30, 2008, continued... now reads: � � AMENDMENT: That Chapter 135 of the Code of the Town of Lexington be amended as � follows: x � Add a new line 16.13 in Table 1,Permitted uses and Development Standards,Part B, 0 � � Commercial Uses, as follows: � o "16.13: Light Manufacturing" � `" And insert the letter N,the letter Y or the letters SP,where"N"means"no", "Y" � o means"yes", and"SP"means"special permit"at the head of the respective columns of � � � each Zoning District as follows: � +� CN-"N", CRS-"N", CS"N", CB-"N", CLO-"N", CRO-"SP", CM-"Y" a, a. a�i �n � � � ,.� And further that nonsubstantitve 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. „J � � �+ o . � a 9:41 p.m. Peter Kelley reported the unanimous opposition of the Board of Selectmen. „ .., � o Members spoke in opposition, questioned opposition of the Selechnen, support of the ,.n� Planning Board, and questioned current bylaw allowances. � � 9:53 p.m. Following a standing vote,tallied as follows: o . Precinct YES NO �, „ 1 7 12 a � 2 8 5 d � 3 11 4 4 7 8 5 7 4 6 6 13 7 9 6 8 10 5 9 4 10 AL 4 5 Total 73 72 9:53 p.m. Amendment Declared Adopted. 9:57 p.m. The Moderator declared the Motion, as amended,Adopted by more than the required two-thirds vote. 9:57 p.m. Presented by John Rosenberg,pr.4. ,_ -� ARTICLE 56: AMEND ZONING BY-LAW, TRAFFIC BY-LAW + (CITIZENS' PETITIOl� � ; MOTION: That Chapter 135 of the Code of the Town of Lexington "" be amended as follows: In Section 135-73.A, delete the following at the end of the first sentence", as defined in subsection B." and delete the entirety of Section 135-73.B which previously had read: n�apq.rk&��,�,} �i c�oxcr9�-S£'��'��., n,a.�,.,,.,+o ,. �..,,,;+�, �1...,11 b.� "`1 "Y`"'� �� =Z----- -�r----v = ��' � ccn» .,,-b. 1. .a " 41.0 «I7;r�L,<: >_C.� xxxE'�t'�S�@'bZ2�vr�E.'l�i�t--�--vrvc��C�ivca-in c�z • i��iur�t'7'OSJ--Lttr�6"��zCtt-��"��xc��cirsPv c�k6i�ccJcucc z�0a�•a. T�+l.o lo�.ol ,.F cc » � � ,,.7' .,f'.,,. » And further that nonsubstantive 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. --, . 9:58 p.m. Mr. Larry Smith presented requested bylaw change and traffic implications. j � 10:04 p.m. Charles Hornig reported opposition of the Planning Board, explaining the � � motion removes guidelines by which the zoning bylaw should rule. `� 10:06 p.m. Hank Manz reported the unanimous opposition of the Board of Selectmen. Nyles Barnert reported the support of the board of Appeals, citing needed flexibility to add to conditions. Members spoke in opposition and support 10:21 p.m. Richard Michelson,pr.8, moved the question. Motion Adopted. _ _ _ __ _ _ _ -- ___ __-- � _ _._ _ _ _ _ __ _ _ __--- 2008AnnualTownMeeting—ApYil30, 2008, continued... 49�J 10:22 p.m. Following a standing vote,tallied as follows: Precinct YES NO 1 14 2 2 6 7 3 4 10 4 4 11 5 3 9 6 8 9 7 12 3 8 10 3 � 9 1 7 AL 0 6 Total 62 67 10:25 p.m. Article 56 Declared Not Adopted. i �_- 10:25 p.m. Presented by John Rosenberg,pr.4. ARTICLE 57: AMEND ZONING BY-LAW,DEVELOPMENT STANDARDS (CITIZENS' PETITIOl� MOTION: That this article be indefinitely postponed. 10:26 p.m. Unanimously Adopted. 10:26 p.m. Selectman Jeanne Krieger moved the meeting be adjourned until 7:30 p.m., Monday,May 5, 2008, Cary Memorial Ha11. Unanimously Adopted. A true copy. Attest: ��--f I� Donna M. Hooper, To Clerk May 5,2008 Adjourned Session of the 2008 Annual Town Meeting The Moderator declared the eleventh session of the 2008 Annual Town Meeting in session, Monday, May 5, 2008 at 7:30 p.m., Cary Memorial Ha11. A quorum of 177 members was „_„ present. i `,�_ � 7:37 p.m. Presented by John Rosenberg,pr.4. ARTICLE 58: AMEND ZONING BY-LAW, TRANSITION AREAS AND SETBACKS (CITIZENS' PETITIOl� MOTION: That this article be Indefinitely Postponed. 7:38 p.m. Unanimously Adopted. 7:38 p.m. Presented by John Rosenberg,pr.4. AR'I'ICLE 59: AMEND ZOI�TING BY-LAW,PARKING AND BICYCLE FACILITY STANDARDS FOR OFFICE USE (CITIZENS' PETITIOl� MOTION: That Chapter 135 of the Code of the Town be amended t as follows: Delete"1/250 s.f." and insert in place thereof"1/333 s.f.,in CB 1/250 s.f."in Section 135-64A under the column entitled"Parking Factor(minimum number of parking spaces to be provided)"for the"Type of Use"corresponding to "Office uses (except as otherwise classified)"; and In Section 135-64, add a new subsection F, as follows: "F.Preferential parking. � (1) Vanpool/Carpool parking. In an Office, Manufacturing, Research or Laboratory - Use (as defined in 135-64.A. with gross floor area greater than 50,000 square feet on the lot,preferential parking spaces shall be provided to encourage the use of multiple-occupant vehicles. One carpool or vanpool parking space shall be provided for every 150 motor vehicle parking spaces. Carpool and vanpool spaces shall be signed and striped and be located near the primary entrance(s) of the building without displacing parking for handicapped. 496 2008 Annual Town Meeting—May S, 2008, continued... (2) Bicycle parking facilities: (a) Required Spaces. In an Office, Manufacturing, Research or Laboratory Use (as defined in 135-64.A.), a minimum of 2 bicycle parking spaces sha11 be � � provided, and one additional bicycle parking space shall be provided for � each increment of 20 motor vehicle parking spaces over 40 vehicle spaces. � (b) Placement and Access. Bicycle Paxking shall be located near the primary �, o entrance(s) of the building. Ha1f of the bicycle paxking spaces shall be � � provided as long-term paxking, safe and secure from vandalism and theft , � o ' and protected from the elements. The other half shall be provided as short- ,...., '� term(customer or visitor)parking, and short-term parking spaces shall be � a visible and convenient to the building entrance. Bicycle parking apparatus ` , � � shall not be installed in a manner which will cause obstruction of pedestrian I ' b or motor vehicle traffic. Bicycle Parking shall be situated in such a way that � � normal snow removal activities and snow storage do not impact the bicycle o a parking facility. ; ,,, (c) Security. Bicycle parking apparatus shall be of a high-security design to �o which the frarne and wheel of a parked bicycle may be attached; installed in p N a visible location so as to deter vandalism and theft; and permanently � � mounted to the ground or to a building or other immovable structure. , � (d)Dimensional Regulation. Each bicycle parking space shall be sufficient to 0 a � accommodate a bicycle 6 feet in length and 2 feet in width. Inverted U � � frame or other racks that support the bicycle at 2 or more points above the center of gravity are required." And further that nonsubstantive changes to the number of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of Lexington. 7:38 p.m. Larry Smith addressed requested action. 7:41 p.m. Chairman Charles Hornig reported support of the Planning Board. 7:42 p.m. Hank Manz reported unanimous support of the board of Selectmen. 7:42 p.m. Stewart Kennedy reported the unanimous support of the Lexington Bicycle ' � Advisory Committee of the spirit of the proposal. I , 7:44 p.m. Elaine Dratch,pr.5, spoke in support. 7:45 p.m. Declared Unanimously Adopted. � ' 7:45 p.m. Presented by John Rosenberg,pr.4. ARTICLE 60: AMEND ZONING BY-LAW,PARHING STANDARD FOR RETAIL ' (CITIZENS' PETITIOl� MOTION: That this article be Indefinitely Postponed. 7:46 p.m. Unanimously Adopted. ', 7:47 p.m. Presented by Betsey Weiss, Community Preservation Committee , ARTICLE 9: APPROPRIATE FOR FY2009 COMMiJNITY PRESERVATION CONIlVIITTEE OPERATING BUDGET AND FOR CPA PROJECTS (q) That$579,550 be appropriated from the Historic Resources Reserve of the Community Preservation Fund for the replacement of the Munroe Center fire prevention system. , 7:47 p.m. Ms. Weiss reviewed request for funding fire alarm system at the former Munroe School building and reported the support of the Community Preservation Committee ' (5-4) for Article 9, section(�. 7:50 p.m. Richard Pagett presented his minority report on the requested funding for the � former Munroe School building. 7:54 p.m. Peter Kelley reported the majority of the Board of Selectmen and position of the Selectmen on providing properly operating system in the building. 7:55 p.m. David Kanter reported the unanimous support of the Capital Expenditures Committee. 7:56 p.m. Alan Levine reported the unanimous support of the Appropriation Committee. 7:59 p.m. Fire Chief William Middlemiss responded to questions on mandatory repairs, occupancy permits, and required work, with the Munroe system having no operating fire alarm system. � 8:01 p.m. Chief Middlemiss made a brief slide presentation of conditions with the Munroe building fire prevention system. � ` ----__ _ __ __- - _ _ _-- -_ � ___ __ __ _ . 2008 Annual Town Meeting—May S, 2008, continued... 497 Members continued questioning code compliance issues, obligations of the Town and current occupants, and spoke in support and opposition. 8:34 p.m. Sheldon Spector,pr.6, called the question. Motion Adopted. 8:35 p.m. After an uncertain voice vote on the question on ARTICLE 9, subsection (q), the Moderator called for a standing vote on calling the question,tallied as follows: ' Precinct YES NO 1 10 8 2 9 7 3 8 9 � I 4 15 4 5 9 7 '_ 6 12 8 7 15 3 8 12 6 9 16 1 � AL 10 4 Total • 116 57 8:35 p.m. With 116 in favor and 57 opposed,Article 9 (�Declared Adopted. 839 p.m. Presented by Selectman George Burnell. ARTICLE 19: ARTICLE 19: APPROPRIATE FOR PUSLIC FACILITIES CAPITAL PROJECTS (e) MOTION: That the following amounts be appropriated for the following capital improvements and that each amount be raised as indicated: , (e) Munroe Fire Prevention System—That this article be indefinitely postponed. Unanimously Adopted. 9:39 p.m. Presented by Selectman Norman Cohen. ARTICLE 27: AMEND FY2008 OPERATING BUDGET MOTION: That the following amounts be appropriated to the following line items for the current fiscal year's budget as approved under Article 21 of the 2007 Annual Town Meeting and subsequently amended under Article 3 of the 2007 Special Town Meeting, and that said amounts be transferred from the following sources: ___ _ _. �.... . ___.. __� .. � ___... . . ___._ __..___ _ � -- Chan._e. .., 9 , � (for � inFormational ;Line Item: Description � From TO ; purposes only) ' _ ' ........._2130._. € _..._Health.Insurance............._.................._............_._._�.....$...._19,.869,487.....;.....�...._19,619,487.....:.....$.......�250,,000)_ ;.. _._.._... . . _......_._. _ 214� ` Unemployment � 375.445 $_ 1?5 449 ' $ (200 000) i......................................................................................... ._........._........................ ...c............._�..._ e......................... .+......... __.. ,�._._.?160........_;..._.. ............_Property_and.LIabIIItY._Insurance,.............._....__;-...$................._582,853_..._._.$_---592,853.....;.....�.............._10.t000.....: __.__2230.....; .._.__._._.._.._...Temporary_8orrowing_.�_...__�. ' � 260,325...,_$ . ..._147,325,. �_C113,Q00.); _ 4100......... _....... _ Law_Enforcement 6cpenses.. . ...... �.$...._. 468,507......$_._ . 473.,5(J7 ;__$._ _5,000 € 4200 ... Fire._Expenses........................... _i.....�..................485,062..._:.....�..............._.SOS,377 i 23 315 ; s........................................€............................_...............__....................... �.........................,...................... _....7100 ; Community_DevelopmentPersona.I...Services.i.....$.................771.,687. ; $. 739.,.187 ; 32 500 € , _......_.............�............�...........c...............)_. ;........_...7101......_...._:-................_Com m un i....N__Deyelopment.Expenses_...._....._;..._$....................._71.,689.....:.._$__...........__104�189.._;._..$.__..__32,500._.: _7300... , Economlc Development Expenses .............�....$ 103,.�36 $ .........._104,486.,..$..... 750 _._8600......._ � _._.__ N1IS._Personal.Services _...._... �..�.._ 187,941..._�_` 112,941 ..�.._ (75,OOD): 3100-3499 ___ DPV1t Personal Services . ...___. . , � 3,316,221 ,_�'._ 3,601,906_ .$,..,.285,685 : 3100 3499 DPW Personal Ex enses � 5 126 015 ` _ �.._... ,.� _p � � 5�376 015 . $�250 000 : 8210-8200_ ... ___. �� Town,Manager Expenses_ ._.___, 143,.125 � T ,__.$.._— _ . � _ _._$_.__._2O7 12S ._....�._.._64,000.; and, further that$750 be appropriated from the General Fund Unreserved Fund Balance. 8:40 p.m. Town Manager Carl Valente explained proposed budget changes. 8:47 p.m. Pam Hoffman,pr.7,reported unanimous support of the Appropriation Committee i 8:47 p.m. Town Manager Carl Valente responded to questions on healtla insurance costs. 8:49 p.m. Unanimously Adopted. 8:51 p.m. Selectman Jeanne Krieger moved Reconsideration of Article 4 and explained purposes for Reconsideration. The Moderator reviewed Lexington's Reconsideration tradition. Mrs. Krieger reported the Boaxd of Selectmen's unanimous support for Reconsideration. 8:52 p.m. James Wood,pr.7, spoke in opposition to Reconsideration and on his intent to propose fiinding trees (Article 7) from the Reserve Fund. The Moderator further explained Reconsideration options. � 8:58 p.m. Selectman Krieger responded to questions on proposed cuts. 498 2008 Annual Town Meeting—May 5, 2008, continued... Alan Levine,pr.8,reported the support of the Appropriation Committee to the approach proposed by the Board of Selectmen. 9:01 p.m. Charles Lamb,pr.4, spoke in support of Reserve Fund increases, and the unanimous opposition of the Capital Expenditures Committee to Mr. Wood's approach. Members spoke in favor and opposition to Reconsideration and opening up Article 4. Finance Director Robert Addelson addressed questions on revenue projection. 9:10 p.m. Scott Burson,pr.4, moved the Question on Reconsideration. Motion Adopted. , ' 9:11 p.m. Motion to Reconsider Article 4 Adopted. " ' 9:13 p.m. ARTICLE 4: APPROPRIATE FY 2009 OPERATING BUDGET �--� ' ' Selectman Jeanne Krieger moved the following: � I ' AMENDMENT : That the following line items of the bndget for the fiscal --�� year 2009 budget approved under Article 4 be amended as follows: _.__._..._�.---.._.._..----.._..__.._...._.._.._._..._...._..----........_ i � � ` � � � ` Change � � � ; (For , i , � ? inFormational � ;Line Item i Description From i To (P�rRoses o��r3 � ', ; 216tJ j Pro er and Liabili Insurar�ee : 61� ��Q ? 608 �4Q � 11 Q00 � , ;31�Q 3499 '_..... . _aPI�F Pers�nal Ser�ices��_$---3,16�,037 i � 3,if 2 037 ; � �7�CICla�� .. � �._...._._._..�. _�..�._ �.._. 3310(l 3499 i DRI�' Persanal E�c enses � 4 53� iCli ; 4 533 101 � � OOQ � 9:13 p.m. Selectman Norman Cohen responded to questions on revenue projections by the Town and acceptance by the Department of Revenue. ' Town Counsel Kevin Batt explained the role of the Comptroller as the financial advisor of the ', Town and of the Department of Revenue in accepting projections. ' 9:17 p.m. Dawn McKenna,pr.6,moved the question. Motion Adopted. , 9:18 p.m. Motion to Amend Article 4 Adopted. , 9:18 p.m. Vote on Article 4, as amended,Adopted. ' 9:18 p.m. Selectman Jeanne Krieger moved Reconsideration of Article 7: �� Reconsideration Adopted. 9:19 p.m. Presented by Selectman Jeanne Krieger. `—� ARTICLE 7: APPROPRIATE FOR STREET TREES AMENDMENT: That the motion approved under Article 7 be amended by ' deleting the words "from the general fund unreserved fund balance" and that the words "in the tax levy"be substituted therefor. 9:19 p.m. Amendment Unanimously Adopted. 9:20 p.m. Article 7, as amended;Unanimously Adopted. 9:20 pm. John Rosenberg,pr.4, moved Reconsideration of Article 53. ', 9:23 p.m. Chaxles Hornig,pr.8,requested the Planning Boaxd caucus on Reconsideration, '', then reported the Planning Board's unanimous opposition to Reconsideration of Article 53. ' 9:25 p.m. Members spoke in support and opposition to reconsideration. 9:29 p.m. Reid Zurlo,pr.3, called the Question. Motion Adopted: 9:29 p.m. John Rosenberg,pr.4, suxnmarized reasons for Reconsideration. 9:30 p.m. Following a standing vote on Reconsideration of Article 53,tallied as follows: ', Precinct YES NO ' 1 8 6 ' 2 11 6 ' 3 4 11 4 7 9 5 5 11 6 15 5 7 4 14 8 9 8 9 8 8 AL 4 10 Total 75 88 With 75 voting in support and 88 in opposition, Reconsideration of Article 53 Not Adopted. 9:36 p.m. Selectman Jeanne Krieger moved the 2008 Annual Town Meeting be Dissolved. Unanimously Adopted. A true copy. Attest: � Donna M. Hooper, Town Cl rk ---.____- --__ � -- __._ _ _ _ _ __- _ ------- --- ___ _ : 499 Thomas R.Diaz, 5303 Main Campus Drive,removed as a Town Meeting Member from Pxecinct 3, effective December 13,2008. Mr. Diaz's unexpired term as Town Meeting Member(2010)will appear on the ballot at the March 2009 Annual Town Election. ' Sherry L. Gordon, 7 Stedman Rd#408, resigned as a Town Meeting Member from Precinct 3, effective December 18,2008. Ms. Gordon's unexpired term as a Town Meeting Member(2010)will appear on the ballot at the March 2009 Annual Town Election. ' Elizabeth Bryant, 18 Liberty Ave., removed as a Town Meeting Member from Precinct 8 � effective August 26, 2008. Ms. Bryant's unexpired term as a Town Meetirig Member (2010)wi11 appear on the ballot at the March 2009 Annual Town Election: f �oo �� I ; � I � , i , � �� ; � � � � � ; � �� . j � � , , �, � � � � , � � � � ; � �� . { _ _ __ __ __ ____ � _ ___ . _____, ___ ___ _ ____ -