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HomeMy WebLinkAbout2006-11-29-STM-min 2006 SPECIAL TOWN MEETING (#1) November 29, 2006 (See Warrant File for Warrant) The Special Town Meeting (#1) of November 29, 2006 was called to order by Moderator Margery M. Battin, at 7:30 p.m. at the Cary Memorial Building, 1605 Massachusetts Avenue. A quorum of 170 members was present. Town Clerk Donna M. Hooper read the Warrant for the Meeting until waived. The Town Clerk read the Constable's Return of the Warrant. 7:32 p.m. Selectman Norman Cohen moved the Special Town Meeting (#1) be adjourned for 5 minutes. Motion Unanimously Adopted. A true copy. Attest: Donna M. Hooper, Town Clerk 2006 SPECIAL TOWN MEETING (#2) November 29, 2006 (See Warrant File for Warrant) The Special Town Meeting (#2) of November 29, 2006 was called to order by Moderator Margery M. Battin, at 7:35 p.m. at the Cary Memorial Building, 1605 Massachusetts Avenue. A quorum of 170 members was present. Town Clerk Donna M. Hooper read the Warrant for the Meeting until waived. The Town Clerk read the Constable's Return of the Warrant. 7:34 p.m. Moderator Margery M. Battin requested to rise for a moment of silence in memory of Cornelius P. Cronin who recently passed away. Mrs. Battin recognized the contributions Mr. Cronin had made to Lexington during the 103 years of his life and residency. 7:36 p.m. Selectman Norman Cohen moved the Special Town Meeting (#2) be adjourned until 7:30 p.m., Wednesday, December 6, 2006, at the National Heritage Museum. Motion Unanimously Adopted. A true copy. Attest: Donna M. Hooper, Town Clerk November 29, 2006 Adjourned Session of the November 29, 2006 Special Town Meeting (#1) Moderator Margery M. Battin called to order the Adjourned Session of the November 29, 2006 Special Town Meeting (#1) at 7:37 p.m. and reviewed general instructions for the members. ARTICLE 1: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES 7:43 p.m. Alan Levine, pr.8, moved the Report of the Appropriation Committee be Accepted and Placed on File. Motion Unanimously Adopted. 7:44 p.m. Charles Lamb, pr.4, moved the Report of the Capital Expenditures Committee be Accepted and Placed on file. Motion Unanimously Adopted. The Moderator recognized Town Manager Carl Valente for a report on the newly installed Cary Hall sound system. 7:47 p.m. Selectman Norman Cohen moved Article 6 be taken out of order. Motion Unanimously Adopted. November 29, 2006 Special Town Meeting, cont... 7:48 p.m. Presented by Selectman Norman Cohen. ARTICLE 6: APPROPRIATE FOR AFFORDABLE HOUSING PURPOSES MOTION: That $50,000 be appropriated to Lexington Housing Assistance Board, Inc. (LexHAB) to support the provision of affordable housing within the Town, and that said sum be raised in the tax levy. Selectman Cohen requested a point of personal privilege to acknowledge the contributions made by Marshall Derby in his involvement with the Lexington Housing Assistance Board (LexHAB) with which he became a member in 1987, and for the past 15 years served as Chairman. Mr. Cohen enumerated on Mr. Derby's value to LexHAB and to Lexington. Members acknowledged Mr. Derby with a standing ovation. 7:53 p.m. Norman Cohen explained the requested action of Article 6 and reported the unanimous support of the Board of Selectmen. 7:54 p.m. Alan Levine, pr.8, reported the unanimous support of the Appropriation Committee. 7:55 p.m. Motion Unanimously Adopted. 7:55 p.m. Presented by Selectman Jeanne Krieger. ARTICLE 2: AMEND FY2007 OPERATING BUDGET MOTION: That the motion under Article 17 of the 2006 Annual Town Meeting be amended as follows: Line Item Program From To 1100 Education $62,346,492 $63,419,500 2130 Group Insurance $18,213,285 $18,160,485 2140 Unemployment $70,000 $122,800 And to meet this appropriation $1,073,008 be raised in the tax levy. Selectman Jeanne Krieger moved to take up line items 2130 and 2140 first. Motion Adopted. Selectman Krieger requested the Moderator recognize Town Manager Carl Valente for a presentation on requested changes in appropriations, to be followed by Thomas Diaz for the School Committee. 7:56 p.m. Town Manager Carl Valente updated the members on revenue changes and requested appropriations. 8:01 p.m. School Committee Chairman Thomas Diaz addressed the supplemental request for Special Education Department [SPED] funding. 8:22 p.m. Alan Levine, pr.8, reported the unanimous support of the Appropriation Committee for line item 1100, line item 2130, and 2140. 8:24 p.m. Sheldon Spector, pr.6, questioned changes through the end of the school year and the anticipated approach to be taken by the School Department to address such changes. Mr. Diaz responded. 8:26 p.m. Scott Burson, pr.4, spoke in support. 8:30 p.m. Patrick Mehr, pr.3, questioned SPED cost saving initiatives and raised concerns on energy saving initiatives. After back and forth comments the Moderator ruled Mr. Mehr's persistence to address energy saving questions to be out of order. 8:33 p.m. James Wood, pr.7, questioned the School Committee regarding any formal discussions with elected state officials regarding circuit breaker funding. 8:34 p.m. School Committee Chairman Thomas Diaz replied. 8:36 p.m. Ephraim Weiss, pr.5, spoke in opposition. 8:37 p.m. Iang Jeon, pr.1, questioned School Committee statistics on special education . November 29, 2006 Special Town Meeting, cont... School Committee Chairman Thomas Diaz provided additional statistics. Mr. Jeon questioned statistics further, to which Mr. Diaz responded. 8:45 p.m. Bonnie Brodner, pr.3, spoke in support. 8:46 p.m. Dawn McKenna, pr.6, questioned the data. Mr. Diaz and Mrs. McKenna responded further. 8:53 p.m. Jessie Steigerwald, pr.8, spoke in support and rejected waiting to act until the Spring Town Meeting. 8:54 p.m. Appropriation Committee member Deborah Brown commented on the timing for requested funds and of the need to signal now the intent to cover the expenses. 8:57 p.m. Loretta Porter, pr.5, moved the question. Motion Adopted. 8:57 p.m. Article 2 Motion Adopted. 8:57 p.m. Presented by Selectman Norman Cohen. ARTICLE 3: AMEND FY2007 ENTERPRISE FUND BUDGETS MOTION: That parts (a) and (b) of the motion under Article 18 of the 2006 Annual Town Meeting be amended as follows: (a) That the appropriation to operate the Water Division of the Department of Public Works during fiscal year 2007 under the provisions of M.G.L. chapter 44, section 53F1/2 be changed from $6,038,135 to $5,728,822 by amending the following line item(s): From To MWRA Assessment $4,341,830 $4,032,517 And that the authorization to the Board of Selectmen to transfer an amount from the Water Enterprise Fund to the General Fund for indirect water expenses appropriated in the General Fund be amended as follows: From To Transfer of Indirect Water Expenses $918,613 $883,963 And that the total appropriation, as amended, shall be funded with $500,000 of Water Enterprise Fund retained earnings with the remainder to be funded with water receipts. (b) That the appropriation to operate the Wastewater Division of the Department of Public Works during fiscal year 2007 under the provisions of M.G.L. chapter 44, section 53F1/2 be changed from $6,854,614 to $6,705,609 by amending the following line item(s): From To MWRA Assessment $5,782,838 $5,633,833 And that the authorization to the Board of Selectmen to transfer an amount from the Wastewater Enterprise Fund to the General Fund for indirect wastewater expenses appropriated in the General Fund be amended as follows: From To Transfer of Indirect Wastewater Expenses $774,300 $753,950 And that the total appropriation, as amended, shall be funded with wastewater receipts. Mr. Cohen summarized requested action and reported the unanimous support of the Board of Selectmen. November 29, 2006 Special Town Meeting, cont... 9:01 p.m. Alan Levine reported the unanimous support of the Appropriation Committee. 9:01 p.m. Article 3 Motion Adopted. 9:02 p.m. The Moderator ruled the Motion under Article 4 would be divided into 4 separate parts and would be discussed and voted upon separately. 9:02 p.m. Presented by Selectman Richard Pagett. Article 4: COMMUNITY PRESERVATION FUND MOTION: That the Town hear and act on the report of the Community Preservation Committee, and pursuant to the recommendations of the Community Preservation Committee, make appropriations as follows: 9:02 p.m. Selectman Pagett summarized recommendations of the Community Preservation Committee and requested Committee Chairperson Betsey Weiss be recognized for further explanation. (a) That $20,000 received from the Jefferson Union settlement be appropriated to the Community Preservation Fund—Historic Reserve. Betsey Weiss, pr.2, summarized work of the Committee and reviewed requested action under Part (a). Richard Pagett reported unanimous support of the Board of Selectman on part (a). Alan Levine reported unanimous support of the Appropriation Committee on part (a). 9:07 p.m. Dawn McKenna, pr.6, spoke in opposition and raised a question on the Demolition Bylaw. Town Counsel William Lahey responded. 9:11 p.m. Selectman Peter Kelley spoke on the circumstances of the Jefferson Union building. 9:13 p.m. Paul Lapointe, pr.2, questioned the Board of Selectmen on the appropriation. Selectman Richard Pagett explained the settlement as it pertains to historic preservation services. 9:14 p.m. Bebe Fallick, pr.6, questioned the 2-year demolition delay. 9:15 p.m. Alan Levine, pr.8, served Notice of Reconsideration on Article 2 and Article 3. 9:15 p.m. Article 4 part (a) Declared Adopted. 9:15 p.m. Dawn McKenna, pr.6, served Notice of Reconsideration on Article 4, part (a). 9:17 p.m. Betsey Weiss, pr.2, explained Article 4, part (b) requested action. Richard Pagett reported a majority of the Board of Selectmen support Article 4, part (b). (b) That $25,000 be appropriated from the general unreserved fund balance of the Community Preservation Fund for Phase I of the Hancock-Clarke House historic restoration project. 9:18 p.m. Charles Lamb, pr.4, reported the unanimous support of the Capital Expenditures Committee for Article 4, part (b). Eric Michelson, pr.2, reported the unanimous support of the Appropriation Committee for Article 4, part (b). 9:21 p.m. Gloria Bloom, pr.4, questioned requested general unreserved fund balance as source of funding. Town Manager Carl Valente responded. 9:22 p.m. Selectman Peter Kelley spoke in opposition of Article 4, part (b) and of his concern with use of Community Preservation funds on private buildings. 9:25 p.m. Andrew Friedlich, pr.5, spoke in support. 9:27 p.m. Selectman Richard Pagett responded to the concerns of Mr. Friedlich. 9:29 p.m. Steve Heinrich, pr.3, questioned Town Counsel on funding of non-town owned projects. Town Counsel William Lahey provided an opinion. 9:30 p.m. Paul Hamburger, pr.5, questioned the balance in the historic preservation account, to which Town Manager Carl Valente responded. November 29, 2006 Special Town Meeting, cont... 9:31 p.m. Loren Wood, pr.3, questioned the proposed project. Lexington Historical Society Executive Director Susan Bennett explained efforts will be directed at seeking federal funding. Loren Wood further inquired about the Town's obligation to fund the project. Selectman Richard Pagett explained approval of this request for funding does not carry a guarantee to fund the project. 9:33 p.m. Article 4, part (b)Declared Adopted. Charles Lamb, pr.4, served Notice of Reconsideration on Article 4, part (b). 9:35 p.m. Betsey Weiss, pr.2, explained requested action for Article 4, part ( c). (c) That $44,000 be appropriated from the general unreserved fund balance of the Community Preservation Fund for a freight elevator for the Lexington Depot restoration and rehabilitation project; and further that the Board of Selectmen be authorized to enter into an agreement with the owner of the property requiring that the amount of the appropriation with interest be repaid to the Community Preservation Fund in the event that the Depot is sold. Richard Pagett reported the support of a majority of the Board of Selectmen. Charles Lamb, pr.4, reported the unanimous support of the Capital Expenditures Committee. Eric Michelson reported the opposition of the Appropriation Committee on a vote of 7-2. 9:45 p.m. Frank Sandy, pr.6, questioned the motion. 9:45 p.m. Selectman Peter Kelley spoke in opposition to Article 4, part(c). 9:47 p.m. Florence Baturin, pr.6, spoke in support. 9:49 p.m. Loren Wood, pr.3, questioned the eligibility of private entities for CPA funding. Betsey Weiss and Richard Pagett responded. 9:51 p.m. Marsha Baker, pr.6, spoke in support 9:53 p.m. David Kaufman, pr.6, questioned viewing the freight elevator as a building restoration. Richard Pagett further explained. 9:55 p.m. Richard Michelson, pr.8, spoke in opposition. 9:57 p.m. Gerald Paul, pr.4, spoke in support. 9:59 p.m. Paul Hamburger, pr.5, questioned Community Preservation Committee comparison of this project against others. 9:59 p.m. Eric Michelson, pr.2, reaffirmed the Appropriation Committee's opposition on a vote of 7-2. Betsey Weiss summarized applications received for the Fall Special Town Meeting. 10:00 p.m. Reid Zurlo, pr.3, moved the question. Motion Adopted. 10:00 p.m. Article 4, part (c) Adopted. Charles Lamb, pr.4, served notice of Reconsideration on Article 4, part (c). With more than 20 members having doubted the vote, the Moderator called for a standing vote on Article 4, part (c), tallied as follows: Precinct Yes No 1 7 7 2 6 11 3 8 6 4 12 3 5 7 9 6 9 9 7 12 2 8 6 5 9 8 8 AL 9 7 TOTAL 84 67 10:04 p.m. With 84 having voted in the affirmative and 67 in the negative, the Moderator declared Article 4, part (c) Adopted. 10:05 p.m. Betsey Weiss summarized requested action under Article 4, part (d). Selectman Richard Pagett reported the unanimous support of the Board of Selectmen. (d) That $60,000 be appropriated from the general unreserved fund balance of the Community Preservation Act for shelving for the main vault of the Cary Memorial Building, in furtherance of its rehabilitation for its intended use. November 29, 2006 Special Town Meeting, cont... 10:05 p.m. Charles Lamb, pr.4, reported the unanimous support of the Capital Expenditures Committee. Eric Michelson, pr.1, reported the unanimous support of the Appropriation Committee. 10:06 p.m. Article 4, part (d) Unanimously Adopted. 10:08 p.m. Charles Lamb, pr.4, served Notice of Reconsideration on Article 4, part (d). 10:08 p.m. Presented by Selectman Hank Manz. ARTICLE 5: ACCEPT MGL CHAPTER 39 SECTION 23D MOTION: That the Town hereby accept Section 23D of Chapter 39 of the Massachusetts General Laws. 10:08 p.m. Selectman Hank Manz explained requested action and reported the unanimous support of the Board of Selectmen. 10:10 p.m. Planning Board Chairman Wendy Manz spoke in support on behalf of the regulatory boards—Planning Board, Board of Appeals, Board of Health, and Conservation Commission. 10:12 p.m. Albert Zabin, pr.1, spoke in opposition. 10:16 p.m. Ephraim Weiss, pr.5, questioned the board on the number of cases that could be impacted by such action. 10:18 p.m. Conservation Commission Chairman Joyce Miller and Charles Hornig, Planning Board, responded. 10:20 p.m. Town Counsel William Lahey explained statutory requirements. 10:24 p.m. Members continued inquiries regarding the statute, ability to comply, and potential impact on implementation. 10:37 p.m. Reid Zurlo, pr.3, moved the question. Motion Adopted. 10:38 p.m. Motion Adopted. 10:38 p.m. Presented by Selectman Peter Kelley. Article 7 ACCEPT MGL CHAPTER 71, SECTION 37M (JOINT FACILITIES DEPARTMENT) MOTION: That the Town hereby accept Section 37M of Chapter 71 of the Massachusetts General Laws. 10:38 p.m. Selectman Kelley explained requested action. School Committee Chairman Thomas Diaz reported the unanimous support of the School Committee and explained benefits for adoption. 10:41 p.m. Ephraim Weiss, pr.5, spoke in support. 10:41 p.m. Alan Levine, pr.8, reported unanimous support of the Appropriation Committee. 10:42 p.m. Motion Unanimously Adopted. 10:43 p.m. Presented by Selectman Peter Kelley. Article 8 APPROPRIATE FOR SENIOR SERVICE PURPOSES MOTION: That $11,000, in addition to the sum appropriated under Article 22 of the 2006 Annual Town Meeting, be appropriated for the purpose of conducting a Senior Service Program, to be spent under the direction of the Town Manager; and to meet this appropriation $11,000 be raised in the tax levy. 10:43 p.m. Selectman Kelley explained requested action and reported the unanimous support of the Board of Selectmen. 10:43 p.m. Alan Levine, pr.8, reported unanimous support of the Appropriation Committee. 10:44 p.m. Motion Unanimously Adopted 10:44 p.m. Selectman Jeanne Krieger moved to dissolve Special Town Meeting #1. Motion Unanimously Adopted. A true copy. Attest: Donna M. Hooper, Town Clerk