HomeMy WebLinkAbout2005-03-28 to 2005-05-02-ATM-min 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 Clark, First Parish Church.
The Moderator honored deceased Town Meeting members Frank Kava, Louise Kava, and
Renee Cochin.
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 Charles 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 allow 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 Unanimously.
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 transportation 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.1, 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
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 30tH
Motion Not Adopted.
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 1A
on Assessor's Property Map 2, the remaining undeveloped Lexington portion
of the former Middlesex County Hospital, 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 Clerk
Adjourned Session of the 2005 Annual Town Meeting
March 30, 2005
The Moderator called the 2nd 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 COMMUNITY 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 surcharge 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 surcharge 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) 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.
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 Board 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 1/2 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.
2005 Annual Town Meeting, Adjourned Session ofMarch 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
Lexington by adding the following Article at the end of such Chapter for the
purpose of establishing a Community Preservation Committee; provided,
however, that this bylaw shall not take effect unless and until such time as
Sections 3 to 7, inclusive, of Chapter 44B of the General Laws (the
Massachusetts Community Preservation Act) are accepted by the Town in the
manner required by such Act:
"ARTICLE VIP"
Community Preservation Committee
§29-23 Establishment; membership; terms; vacancies.
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 Board of Selectmen shall appoint three (3) members of the
Community Preservation Committee and the following bodies shall each
select one of its members for membership on the Community Preservation
Committee: the Conservation Commission, the Planning Board, the
Recreation Committee, the Historical Commission, the Housing Authority and
the Housing Partnership. Each appointing body shall make the required
appointments of members 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
shall 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 shall 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 majority vote.
2005 Annual Town Meeting, Adjourned Session ofMarch 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 shall 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
Capital Expenditures Committee shall state whether it endorses each
recommendation of the Community 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 Unanimously.
9:05 p.m. George Burnell, Capital Expenditures Committee, served notice of
reconsideration on Article 8.
ARTICLE 9: ZONING BY-LAW, RO TO CD,ASSESSORS MAP 5, PARCEL 11,
WALTHAM STREET
9:05 p.m. Presented by Ed Grant, pr.6.
Mr. Grant declared he would be abstaining from voting on the article.
MOTION: That the Zoning By-Law of the Town of Lexington be amended by changing the
zoning district designation of the land described in the Article from the current RO
One Family Dwelling zoning district to CD, Planned Commercial district.
The boundaries of the CD, Planned Commercial district shall be as set forth in the
Article.
The land in the CD, Planned Commercial district shall be subject to the preliminary
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.
2005 Annual Town Meeting, Adjourned Session ofMarch 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.
2005 Annual Town Meeting, Adjourned Session ofMarch 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
Committee.
9:50p.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 Jeanne Krieger moved the meeting be adjourned until Monday,
April 4, 2005 at 7:30 p.m. at the Cary Memorial Building. Motion Adopted.
A true copy.
Attest:
Donna M. Hooper, Town Clerk
Adjourned Session of the 2005 Annual Town Meeting
April 4, 2005
The Moderator declared the 3rd 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.1, announced Harrington School Open House - Tuesday, April 5th
The Moderator announced upcoming community conversations at the Cary Library.
7:37 p.m. The Moderator declared the meeting in recess.
Representative Jay Kaufman, Interim School Superintendent William Hurley and Principal
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.
ARTICLE 10: ZONING BY-LAW, ACCESSORY APARTMENTS
8:03 p.m. Presented by Thomas Harden.
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 and filed with the
Town Clerk.
MOTION IN PLANNING BOARD REPORT:
To see if the Town will vote to amend the Lexington Zoning By-law, as follows:
1. Delete lines 1.13 and 1.22 of§ 135-16 Table 1:
RO CB
Line RS RT RM RD* CN CRS CS CLO CRO CM
1.13 Conversion of one- SP Y Y N Y NNNNN
family dwelling to two-
family dwelling (see§
135-20 elsewhere in
this By-Law).
1.22 Accessory apartment in Y Y Y SPY NNNNN
one family dwelling
(see§135-19
elsewhere in this By-
Law).
*Subject to a preliminary site development and use plan[see sSisC 135-16A and 135-42C(3)].
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 NNNNN
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 NNNNN
Apartment, in
compliance with
§ 135-19E
*Subject to a preliminary site development and use plan [see §§ 135-16A and 135-42C(3)].
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 apartment is constructed so as to maintain 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 permitted as of right, and Special Permit
Accessory Apartments and Accessory Structure Apartments, 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
(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 property 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 apartment
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:
2005 Annual Town Meeting, Adjourned Session ofApril 4, 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 apartment.
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.
(f) Where there are more than two outdoor parking spaces, there shall be provided suitable
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 Apartments 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 Apartment 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".
2005 Annual Town Meeting, Adjourned Session ofApril 4, 2005 cont...
(2) The maximum 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 Apartment 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 apartment 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 Apartment 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;
(4) The creation of the accessory apartment shall not reduce the number of existing
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
Building Commissioner or designee.
(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
2005 Annual Town Meeting, Adjourned Session of April 4, 2005 cont...
(d) A filing fee and such further plans and other documentation 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 apartment 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 apartment
as constructed is in conformity with the approved plans and with the provisions of this
Zoning By-Law.
(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
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
transferable to a new owner only upon the new owner submitting an affidavit to the Building
Commissioner certifying owner occupancy of one of the dwelling units on the lot.
G. Expansion of pre-existing, nonconforming two-family dwelling. In accordance with § 135-11,
and where consistent with the objectives set forth in Subsection A, the Board of Appeals may
grant a special permit to allow the expansion of a pre-existing, nonconforming two-family
dwelling in an RS, RO, RM or CN District provided the proposed expansion complies with the
conditions and requirements set forth in Subsection D of this § 135-19 to the maximum extent
practicable.
§ 135-20 (Reserved).
4. Delete the last line of 135-16G:
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. An accessory apartment (see § 135-19) may occupy not more than
30%of the floor area of a dwelling.
So that it now reads as follows:
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 larger houses.) The lot 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;
(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:
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 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; 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 McCall-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 apartments. 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
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 shall 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 shall 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 board."
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.1, 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 Manz 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 11, 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 11, part (b).
9:31 p.m. The Moderator declared the Motion on Article 11, part (b)Not Adopted.
2005 Annual Town Meeting, Adjourned Session ofApril 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 1A. 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 Board of Selectmen.
(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 shall 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 are 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
Board of Selectmen shall 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 shall postpone the holding of the recall
election to the date of such other election.
(4) Ballots for recall.
Ballots used in a recall election shall submit the following proposition:
Shall (the name and title of official) be recalled?
Yes—
No —
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 shall 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 1A, no special
town meeting shall be called, nor shall 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 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, 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 summarized 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
2005 Annual Town Meeting, Adjourned 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
separately. Motion Adopted.
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:
That the words "Contribution into the Selectmen's Tree Gift Account" be
deleted in Subsection (2) under"C. Mitigation" of 120-8 Protected Trees, and
be replaced with the words "Contribution into the Lexington Tree Fund,
provided such fund is annually reauthorized, or otherwise to the surplus
revenue of the Town".
That the words "Contribution into the Selectmen's Tree Gift Account" be
deleted in Section 120-14 Funds, and be replaced with the words
"Contribution into the Lexington Tree Fund, provided such fund is annually
reauthorized, or otherwise to the surplus revenue of the Town".
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.
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.1, 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,
April 6, 2005 at 7:30 p.m., Cary Memorial Building. Motion Adopted.
A true copy.
Attest:
Donna M. Hooper, Town Clerk
Adjourned Session of the 2005 Annual Town Meeting
April 6, 2005
The Moderator called the 4th 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 - Parcel 45 (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.
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.
Marshall 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).
2005 Annual Town Meeting, Adjourned Session ofApril 6, 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.
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
Adjourned session of the 2005 Annual Town Meeting
April 11, 2005
Moderator Margery M. Battin called the 5th 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 Donald 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 Griffiths 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, pr.3, 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 Donald 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.
2005 Annual Town Meeting, Adjourned Session of April 11, 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) Traffic 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 Board 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;
(f) 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) Study 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 Capital 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 Board 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.
2005 Annual Town Meeting, Adjourned Session of April 11, 2005
8:58 p.m. Peter Kelley explained traffic improvements requested in part (c ) and reported
unanimous support of the Board of Selectmen for the Lowell St/Maple 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 St/Maple 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:
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.1, 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.1, commented on traffic impact at the Harrington School complex
at Lowell and Maple Streets.
9:19 p.m. George Burnell reported the $25,000 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 majority (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 summarized.
9:34 p.m. Joel Adler, pr.1, questioned previous equipment requests. DPW Director
William Hadley explained the sidewalk clearing machinery.
2005 Annual Town Meeting, Adjourned Session of April 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 (f) 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
part (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 Committee 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 all 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
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.
2005 Annual Town Meeting, Adjourned Session of April 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.
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.
Attest:
Donna M. Hooper, Town Clerk
Adjourned Session of 2005 Annual Town Meeting
April 13, 2005
The Moderator called the 6th 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 27th 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
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 shall 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
funds and programs.
8:33 p.m. Ephraim Weiss,pr.5, spoke on energy reduction efficiency 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 shall 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
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 bear 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.)
Operating 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.)
Organizational 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 year
2006 for the purposes of paying costs of the Town's local access cable
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 Board 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)
Community 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)
8:50 p.m. Selectman Norman Cohen moved a technical amendment to line 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
Enterprise Fund "so as now to read:
3100-3500 DPW Personal Services $2,982,243
(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$47,014 is to is to be transferred from the Parking Meter Fund)
2005 Annual Town Meeting, Adjourned Session of April 13, 2005
Frank Sandy,pr.5, and David Kaufman,pr.6, questioned the wording.
8:54 p.m. Amendment Adopted Unanimously.
8:55 p.m. David Kaufman,pr.6, questioned DPW 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 from $4,434,930 to 4,444,930.
John Frey, Chairman of the Tree Committee, spoke to the amendment.
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 from 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.5, questioned funds collected from tree cut-downs.
James Wood 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
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.)
2005 Annual Town Meeting, Adjourned Session of April 13, 2005
9:26 p.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 $18,000 is to be transferred from Transportation Demand Management
Accounts, $23,143 is to be transferred from Lexpress Special Revenue Account,
$60,000 is to come from Lexpress Fares/Passes and$80,000 is to be paid from
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 Officer 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 Safety
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 Department 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.)
Community 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 Liberty
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 shall be $161,074, as reflected by the amounts to be
transferred from such revolving fund pursuant to this and the following line
item)
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 tax levy
and expenditure of funds from revolving funds. Town Counsel Jay Gonzales
provided an explanation.
9:50 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. MOTION ADOPTED
7300 Economic Development Expenses $121,663
(Of which $121,663 is to be transferred from anticipated receipts in the Liberty Ride
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 years 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
Management Information Systems
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
9:55 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 from 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,pr.8, spoke in opposition and updated
members on energy saving committees.
10:05 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.
2005 Annual Town Meeting, Adjourned Session of April 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 of Selectmen support of Article
37 on a vote of 4-1. Peter Kelley reported his minority statement.
10:19 p.m. Alan Levine reported the unanimous endorsement of Article 37
by the Appropriation Committee.
10:19 p.m. Frank Sandy,pr.6, questioned Mr. Kelley on line items he would
cut to meet his goals and requested specifics from Mr. Kelley.
10:21 p.m. The Moderator declared the Motion under Article 37 Adopted.
[Line items 7300 Economic Development Personal Services and 7300
Economic Development Expenses separated out]
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, April 27, 2005 at 7:30 p.m., Cary Memorial Building. Motion Adopted.
A true copy.
Attest:
Donna M. Hooper, Town Clerk
Adjourned Session of 2005 Annual Town Meeting
April 27, 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 2nd.
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 running 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(f) be brought up at this time.
Motion Adopted Unanimously.
ARETICLE 32: CAPITAL PROJECTS AND EQUIPMENT
8:07 p.m. Presented by Selectman Peter Kelley.
(f) 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;
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(f).
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.
2005 Annual Town Meeting, Adjourned Session of April 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. Selectman 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 Liberty 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 Liberty Ride.
9:53 p.m. Masha Traber, pr.5, and Liberty Ride Coordinator, summarized
Patriots' Day weekend Liberty 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, pr.3, 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.
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 2nd.
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.
Attest:
Donna M. Hooper, Town Clerk
Adjourned Session of 2005 Annual Town Meeting
May 2, 2005
The Moderator called the 8th 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.
Jill Stein, pr.2, reported on the follow-up to Article 22 and disposition 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 15th and May 2nd 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 Environmental 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 Board 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 Committee 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.
2005 Annual Town Meeting, Adjourned Session ofMay 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
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.
2005 Annual Town Meeting, Adjourned Session ofMay 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 necessary 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 Griffiths summarized 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
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).
2005 Annual Town Meeting, Adjourned Session ofMay 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
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 $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 Board of Selectmen. Alan Levine reported the unanimous support of the
Appropriation Committee.
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, §5B 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 Committee.
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.
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