2009-03-23 to 2009-05-06 ATM-min

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March 23, 2009 Annual Town Meeting, cont... 8:52 p.m. Presented by Andrew Friedlich, pr.5. ARTICLE 40: RESOLUTION — USE OF REUSABLE BAGS (CITIZENS' PETITION) MOTION: That the Town adopt the following resolution: Whereas the use of paper and plastic bags are so harmful to the environment and so wasteful of our limited natural resources; Be it resolved that the town of Lexington affirms its strong opposition to the reliance on paper and plastic bags and recognizes the importance of the wider use of reusable and biodegradable bags by both citizens and merchants. Ms. Gail Washor - Liebhaber, 40 Cottage St., spoke and requested support. 8:57 p.m. George Burnell reported unanimous support of the Board of Selectmen. Mr. Burnell and Ms. Washor - Liebhaber responded to recycling questions. 9:04 p.m. Motion Adopted. 9:05 p.m. Presented by Adam Sacks. ARTICLE 41: FORM COMMITTEE — CLIMATE CHANGE (CITIZENS' PETITION) MOTION: That this article be indefinitely postponed. Mr. Sacks presented reasons for indefinite postponement. 9:13 p.m. Unanimously Adopted. 9:14 p.m. Selectman Norman Cohen moved Article 42 be taken up at this time. Following a brief discussion Motion Adopted. 9:16 p.m. Presented by Patrick Mehr, pr.3. ARTICLE 42: DOUBLE UTILITY POLES (CITIZENS' PETITION) MOTION: That the following resolution be adopted: WHEREAS MGL, Chapter 164, Section 34B requires pole owners (Verizon and NStar in Lexington) to remove double utility poles within 90 days, with no penalty for violation; WHEREAS the Acts of 2003, Chapter 46, Section 110 required the Department of Telecommunications and Energy (DTE) to issue a report relative to reducing the number of double utility poles within the Commonwealth, with recommendations and proposed legislation for enforcement of MGL, Chapter 164, Section 34B; WHEREAS since DTE recommended on November 28, 2003 "[... ] that a penalty mechanism not be implemented until there is additional experience with the operation of the PLM [the utilities' Pole Lifecycle Management system]" (Docket No. DTE 03 -87 report), there is now over five years of additional experience with PLM; WHEREAS Verizon's Vice President of External Affairs told the Selectmen on October 30, 2006 "we should [ ... ] in a six -month time period be largely through our backlog of [243] double poles yet 195 double poles still exist more than two years later; WHEREAS at least 176 double poles are in violation of MGL, Chapter 164, Section 34B as of March 15, 2009. THEREFORE, be it resolved that the Lexington Town Meeting: • endorses bills S1482 and S1543 filed by Senators Donnelly and Tucker regarding fines for violation of MGL, Chapter 164, Section 34B; • asks its representatives in the Great and General Court to support bills S1482 and S1543; • asks the Selectmen to request in writing that the Departments of Public Utilities and of Telecommunications and Cable (DPU and DTC) answer the Selectmen's August 11, 2008 letter and that the DPU and DTC recommend under Docket No. DTE 03 -87 to the Legislature that fines be instituted for violation of MGL, Chapter 164, Section 34B; • requests the Town Clerk to transmit this resolution to the House and Senate Chairs of the Joint Committee on Telecommunications, Utilities and Energy, to DPU and DTC and to Lexington's representatives in the Great and General Court. ------------------ - - - - -- 9:22 p.m. Norman Cohen reported the support of a majority of the Board of Selectmen. 9:23 p.m. Members spoke in favor and in opposition, citing concerns with pole locations, sidewalk conditions, progress of and follow -up with Verizon. 9:37 p.m. Gerald Paul, pr. 4 moved the previous question.