HomeMy WebLinkAbout2008-11-17-STM-min 2008 SPECIAL TOWN MEETING
November 17, 2008
(See Warrant File for Warrant)
Moderator Margery M. Battin called to order the Special Town Meeting of November 17, 2008 at
7:30 p.m. at the Cary Memorial Building, 1605 Massachusetts Avenue. A quorum of 158 members
was present.
Moderator Margery M. Battin honored the memory and contribution of 7 former town meeting
members who recently passed away — Winifred Friedman, Robert Gary, H. Bigelow Moore, Mark
Moore, Marian Reilly& Alan Wilson.
Moderator Margery M. Battin announced, after having served as Moderator for the past 22 years, she
would not seek reelection as Moderator in the upcoming March 2009 Annual Town Election.
Selectman Norman Cohen acknowledged the contributions of Mrs. Battin as Moderator and members
recognized their appreciation with a standing ovation.
Town Clerk Donna M. Hooper read the Warrant for the Meeting until waived. The Town Clerk read
the Constable's Return of the Warrant.
ARTICLE 1: REPORTS OF COMMITTEES
7:44 p.m. Selectman Norman Cohen moved the Report of the Economic Development
Advisory Committee be accepted&placed on file. Committee member John McWeeney reported.
Motion Unanimously Adopted.
Selectman Norman Cohen moved the Report of the Town Manager on Financial Matters be accepted
&placed on file. Town Manager Carl Valente reported. Motion Unanimously Adopted.
Selectman Norman Cohen moved the Report of the Town Manager on Double Poles be accepted&
placed on file. Town Manager Carl Valente reported. Motion Unanimously Adopted.
8:02 p.m. Chairman Charles Hornig moved the Report of the Planning Board be accepted&
placed on file. Mr. Hornig reported. Motion Unanimously Adopted.
8:05 p.m. John Bartenstein moved the Report of the Appropriation Committee be accepted&
placed on file. Motion Unanimously Adopted.
8:06 p.m. Charles Lamb moved the Report of the Capital Expenditures Committee be accepted
&placed on file. Motion Unanimously Adopted.
ARTICLE 2: ZONING BY-LAW, CRO AND RO TO CD,95 HAYDEN AVENUE,
124-128 SPRING STREET
8:06 p.m. Presented by Edmund Grant, pr.6.
MOTION: That this article be indefinitely postponed.
Peter Nichols, Sr. Vice President/Partner, The Beal Companies, updated the members
on the status of the plans for 124-128 Spring Street.
8:08 p.m. Motion Unanimously Adopted.
ARTICLE 3: AMEND FY2009 OPERATING BUDGET
8:08 p.m. Presented by Selectman Norman Cohen.
MOTION: (a) That the appropriations authorized under Article 4 of the 2008
Annual Town Meeting be amended as follows:
Line Item Program From To
1100 Lexington Public Schools $64,548,189 $64,414,139
2400 Public Facilities $8,499,664 $8,869,428
3100-3500 DPW Expenses $4,539,101 $4,618,678
4100 Law Enforcement $4,697,662 $4,721,662
Personal Services
4200 Fire/Medical Expenses $458,466 $479,436
7200 Planning Expenses $9,859 $49,859
8210-8220 Town Manager Expenses $142,250 $199,750
And to meet this appropriation the additional funds will be raised in the tax levy.
8:09 p.m. Town Manager Carl Valente reviewed requested amendments.
8:14 p.m. Deborah Brown reported unanimous support of the
Appropriation Committee.
8:15 p.m. David Kanter reported unanimous support of the
Capital Expenditures Committee.
November 17, 2008 Special Town Meeting, cont... ... .....
8:16 p.m. Town Manager Carl Valente responded to questions on fuel oil expenses.
8:17 p.m. Article 3 Motion Unanimously Adopted.
ARTICLE 4: AMEND FY2009 ENTERPRISE FUND BUDGETS
8:18 p.m. Presented by Selectman Norman Cohen.
MOTION: That the following appropriations authorized under Article 5 of the 2008
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 2009 under the provisions of M.G.L. chapter 44, section 53F1/2 be
changed from $6,545,020 to $6,487,028 by amending the following line item(s):
From To
MWRA $ 4,623,873 $4,565,881
Assessment
And that the total appropriation, as amended, shall be funded with$463,050 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 2009 under the provisions of M.G.L. chapter 44, section 53F1/2 be
changed from $7,148,801 to $7,062,609 by amending the following line item(s):
From To
MWRA $ 5,941,401 $ 5,855,209
Assessment
And that the total appropriation, as amended, shall be funded with wastewater receipts.
Mr. Cohen reported unanimous support of the Board of Selectmen.
John Bartenstein reported unanimous support of the Appropriation Committee.
8:19 p.m. Motion Unanimously Adopted.
8:20 p.m. Betsey Weiss moved the Report of the Community Preservation Committee be
accepted&placed on file. Motion Unanimously Adopted.
Presented by Betsey Weiss, Community Preservation Committee.
ARTICLE 5: LAND PURCHASE—OFF CEDAR STREET AND OFF
HARTWELL AVENUE
MOTION: That the Conservation Commission be authorized to purchase or otherwise
acquire, and the Selectmen be authorized to take by eminent domain, upon the written request
of the Conservation Commission, for conservation purposes including outdoor recreation as
provided by Section 8C of Chapter 40 of the General Laws, any fee, easement or
conservation restriction as defined in Section 31 of Chapter 184 of the General Laws or other
interest in all or any part of land shown as Lots 6A and 8 on Assessors' Property Map 73,
now or formerly of Goodwin, that the sum of$181,517 be appropriated for such land
acquisition from the Open Space Reserve of the Community Preservation Fund fund balance.
Richard Wolk reported on behalf of the Conservation Committee/Land Acquisition
Committee, explaining requested funding for purchase of 2 parcels of land.
8:30 p.m. Peter Kelley reported unanimous support of the Board of Selectmen.
8:31 p.m. Charles Lamb reported unanimous support of the Capital Expenditures Committee.
8:32 p.m. Eric Michelson reported unanimous support of the Appropriation Committee.
Richard Wolk clarified requested funding amount.
8:32 p.m. Motion Unanimously Adopted.
ARTICLE 6: HARRINGTON PRE-SCHOOL PLAYGROUND
MOTION: That$35,135, in addition to the $75,000 appropriated under Article 9(i) of the
Warrant for the 2008 Annual Town Meeting, be appropriated for the construction of the
Harrington Pre-School Playground and that to raise such amount$35,135 be appropriated
from the Fund Balance Available for Appropriation Reserve (Undesignated Budgeted
Reserve) of the Community Preservation Fund.
8:33 p.m. Presented by Betsey Weiss, Community Preservation Committee (CPC).
Ms. Weiss reported 9-0 support of the CPC for requested additional funding.
Facilities Director Patrick Goddard further reviewed request.
8:39 p.m. Hank Manz reported unanimous support of the Board of Selectmen.
David Kanter reported unanimous support of the Capital Expenditures Committee.
Eric Michelson reported unanimous support of the Appropriation Committee.
Discussion ensued on project estimates, the playground at the 'old' Harrington School, other
elementary school playgrounds, and potential vendors.
8:50 p.m. Motion Unanimously Adopted.
November 17, 2008 Special Town Meeting, cont....
ARTICLE 7: APPROPRIATE TO SPECIFIED STABILIZATION FUNDS
8:50 p.m. Presented by Selectman Jeanne Krieger.
MOTION: That appropriations to the following stabilization funds be made from
the sources and in the amounts specified.
1) $216,750.11 be appropriated to the Transportation Demand Management/Public
Transportation Stabilization Fund, and to meet this appropriation $216,750.11 be transferred
from the Lexpress Transportation Demand Management Special Revenue Account
2) $25,000 be appropriated to the Traffic Mitigation Stabilization Fund, and to meet this
appropriation $$25,000 be transferred from the Traffic Mitigation Special Revenue Account
Mrs. Krieger reported the unanimous support of the Board of Selectmen.
John Bartenstein reported unanimous support of the Appropriation Committee.
8:52 p.m. Discussion ensued on use of requested funding. Selectman Norman Cohen reminded
the members the vote was to deposit funds into the stabilization fund, and a future motion would
require removal of funds.
8:53 p.m. The Moderator declared the Motion Unanimously Adopted.
8:55 p.m. Presented by Selectman George Burnell.
ARTICLE 8: APPROPRIATE FOR MUNROE SCHOOL FEASIBILITY STUDY
MOTION: That the Town appropriate $35,000 for architectural and engineering services
to assess the feasibility of adapting the Munroe School as a community/senior center, to be
spent under the direction of the Town Manager, and that to meet this appropriation $35,000
be raised in the tax levy.
[John Hayward,pr.5, filed his intent to abstain from voting on this article due to his position on the
Board of Directors of the Munroe Center for the Arts.]
Selectman Burnell reported the unanimous opposition of the Board of Selectmen to this motion.
David Kanter reported the unanimous support of the Capital Expenditures Committee.
Pam Hoffman reported the support of a majority (5-1) of the Appropriation Committee.
9:12 p.m. Discussion ensued on the potential use of the Munroe building, Barnes property, and
other building needs.
9:20 p.m. Eric Michelson responded to an inquiry on his minority opinion on the Appropriation
Committee.
Discussion ensued, with members speaking in support and opposition and questioning school needs,
human service, and senior needs.
9:37 p.m. Paul Lapointe responded, as a member of the Council on Aging, to projected space
needs for a senior center and possible approaches.
9:42 p.m. Alan Wrigley moved the question. Motion Adopted.
9:43 p.m. Selectman Peter Kelley summarized the opposition of the Board of Selectmen.
9:46 p.m. Motion Not Adopted.
9:46 p.m. Presented by Selectman Norman Cohen.
ARTICLE 9: APPROPRIATE FOR PRIOR YEARS' UNPAID BILLS
MOTION: That this article be indefinitely postponed.
Selectman Norman Cohen reported unanimous support of the Board of Selectmen.
9:48 p.m. Selectman Norman Cohen moved to dissolve Special Town Meeting .
Motion Unanimously Adopted.
A true copy.
Attest:
Donna M. Hooper, Town Clerk