HomeMy WebLinkAbout2012-11-STM-min 2012 Special Town Meeting
November 19,2012
(See Warrant File for Warrant)
The Special Town Meeting of Monday,November 19,2012 was called to order by Moderator
Deborah Brown at 7:30 p.m.,Margery Milne Baffin Hall; a quorum of 157 present. The
Moderator welcomed members to the newly named Margery Milne Battin Hall in honor of the
contributions of former Selectman and Moderator Margery Milne Battin to Lexington during her
residence of over 60 years.
Town Clerk Donna M.Hooper read the Warrant for the Meeting until waived. The Town Clerk
read the Constable's Return of the Warrant.
7:35 p.m. The Moderator reviewed procedures and called a recess for an update from the
Lexington 300th Anniversary Celebration Committee. Lexington 300th Anniversary Celebration
Committee Events Co-Chair Jessie Steigerwald reviewed with members the plans for a Mock
Town Meeting in conjunction with Lexington Public Schools and the eighth grade class.
7:45 p.m. The Moderator recognized Town Meeting members Margery M.Battin,Daniel Lucas,
and Georgia Williams,who recently passed away.
ARTICLE 1: REPORTS OF TOWN BOARDS,OFFICERS,COMMITTEES
Glenn Parker,Appropriation Committee Chair,moved the report of the Appropriation
Committee be received and placed on file. Unanimously Adopted
Beth Masterman,Capital Expenditures Committee,moved the report and errata of the Capital
Expenditures Committee be received and placed on file. Unanimously Adopted
7:49 p.m. Selectman Chair Deborah Mauger moved articles 8 and 6 be taken up in that order.
Unanimously Adopted.
7:49 p.m. Presented by Jeanne Kreiger,pr.3.
ARTICLE 8: APPROVE TIF AGREEMENT(S)
MOTION:
That the Town: (a)approve the fundamental terms and conditions,including but not limited to
the tax exemption percentage schedules contained therein,of the Tax Increment Financing
("TIF")Agreement dated November 16,2012,(b)delegate to the Board of Selectmen the
execution of the TIF Agreement;(c)approve the designation of the location of the 95 Hayden
Economic Opportunity Area(EOA),as the parcel shown on Assessors Map 17,Parcel 22;(d)
approve the Tax Increment Financing Plan dated November 16,2012;(e)authorize the Board of
Selectmen to submit an application to the Massachusetts Economic Assistance Coordinating
Council("EACC")for the designation of the 95 Hayden EOA;(f)authorize the Selectmen to
make minor modifications to these documents as may be needed prior to submission to the
EACC;(f)authorize the Board of Selectmen to execute any other documents related to and
consistent with the TIF Agreement and submit such documents to the EACC;and(g)authorize
the Board of Selectmen to take action to enforce or terminate the TIF Agreement,including
requesting that EACC decertify the TIF Plan,in the event that Vistaprint USA,Incorporated or
Two Ledgemont LLC fail to substantially comply with the TIF Agreement as determined by the
Board of Selectmen.
7:50 p.m. Michael Greiner,Vice President&Chief Accounting Officer and Thomas Dusel,
President&Chief Operating Officer,Hobbs Brook Management LLC discussed request and
Jeanne Kreiger reviewed justification for support.
8:05 p.m. Selectman George Burnell requested Town Manager Carl Valente be recognized for
a report. Mr.Valente reported. Mr.Burnell the reported the Selectmen's unanimous support of
the motion and the growth of the commercial tax base.
Selectman Chair Deborah Mauger reported support.
8:27 p.m. Joe Pato,pr.2,Appropriation Committee Chairman,reported the support of the
Appropriation Committee(6-2).
8:34 p.m. Appropriation Committee member Alan Levine spoke to the reasons for support.
8:39 p.m. Richard Canale,Planning Board,spoke on the Board's lack of position.
8:42 p.m. John McWeeney,Economic Development Advisory Committee,spoke in support.
8:45 p.m. Members spoke in opposition and support,questioning the property,its
development rights and assessment. Town Counsel Kevin Batt and Town Manager Carl Valente
responded.
November 19, 2012 Special Town Meeting, cont...
8:57 p.m. Mary Jo Bohart reported the support of the Chamber of Commerce.
8:59 p.m. Members continued to speak in support and opposition,questioned any commitment
from Vistaprint and impact of possible TIF on their remaining in Lexington.
9:22 p.m. John Hayward,pr.5,called the question. Motion Adopted.
9:23 p.m. Following a voice vote the Moderator declared Article 8 Adopted.
9:24 p.m. presented by Margaret Coppe,pr.9
ARTICLE 6: APPROPRIATE FOR NEW ESTABROOK SCHOOL
MOTION: That the Town appropriate$2,600,000 in addition to the$39,724,248 previously
appropriated for the purpose of paying costs of demolishing the existing Estabrook School and
constructing,originally equipping and furnishing a new Estabrook School to be located at 117
Grove Street,including the payment of all costs incidental or related thereto(the"Project"),
which school facility shall have an anticipated useful life as an educational facility for the
instruction of school children for at least 50 years,and for which the Town may be eligible for a
grant from the Massachusetts School Building Authority("MSBA"),said amount to be expended
under the direction of the Permanent Building Committee. To meet this appropriation the
Treasurer,with the approval of the Board of Selectmen,is authorized to borrow said amount
under M.G.L. Chapter 44,or pursuant to any other enabling authority. The Town acknowledges
that the MSBA's grant program is a non-entitlement,discretionary program based on need,as
determined by the MSBA,and any project costs the Town incurs in excess of any grant approved
by and received from the MSBA shall be the sole responsibility of the Town;provided further
that any grant that the Town may receive from the MSBA for the Project shall not exceed the
lesser of(1)thirty-seven and twenty-seven hundredths percent(37.27%)of eligible,approved
project costs,as determined by the MSBA,or(2)the total maximum grant amount determined
by the MSBA;and that the amount of borrowing authorized pursuant to this vote shall be
reduced by any grant amount set forth in the project Funding Agreement that may be executed
between the Town and the MSBA.
Margaret Coppe reported the unanimous support of the School Committee.
9:26 p.m. Public Facilities Director Patrick Goddard presented requested action,followed by
Permanent Building Committee Co-Chairman Jonathan Himmel.
9:43 p.m. William Hurley,Capital Expenditures Committee,spoke in support and reported
unanimous support of the Capital Expenditures Committee.
9:45 p.m. Mollie Garberg reported unanimous support of the Appropriation Committee(8-0).
9:45 p.m. Selectman Hank Manz reported support of the Board of Selectmen(4-0-1),Mr.
Kelley abstaining.
9:46 p.m. Following a voice vote the Moderator declared the motion adopted by more than the
necessary two-thirds.
ARTICLE 1: REPORTS OF TOWN BOARDS,OFFICERS,COMMITTEES
10:03 p.m. The Moderator recognized Town Manager Carl Valente to report on Articles 2,3&
4. Selectman Chair Deborah Mauger moved the report of the Town Manager be received and
placed on file. Unanimously Adopted.
10:03 p.m. Richard Neumeier,pr.2, moved articles 9 and 7 be taken up in that order.
Unanimously Adopted.
10:04 p.m. Presented by Joyce Miller,pr.7.
ARTICLE 9: AMEND NON-CRIMINAL DISPOSITION BYLAW
(CONSERVATION COMMISSION FINE SCHEDULE)
MOTION: That Chapter 1,paragraph 1-6.B of the Code of the Town of Lexington be
amended by repealing the subsection thereof labeled"Chapter 145,Conservation Commission"
and substituting therefore the following: "Chapter 145 Conservation Commission Fine schedule:
$100 per violation".
10:40 p.m. Conservation Commissioner Phil Hamilton presented requested action.
Selectman Norman Cohen reported the unanimous support of the Board of Selectmen.
Adopted Unanimously.
10:06 p.m. Presented by Selectman George Burnell
ARTICLE 7: APPROPRIATE FOR AUTHORIZED CAPITAL IMPROVEMENTS
MOTION: That this article be indefinitely postponed.
10:07 p.m. Unanimously Adopted.
November 19, 2012 Special Town Meeting, cont...
10:07 p.m. David Kanter,pr.7,moved Article 4 be taken up. Unanimously Adopted.
10:08 p.m. Presented by Selectman Deborah Mauger.
ARTICLE 4: APPROPRIATE TO POST EMPLOYMENT INSURANCE LIABILITY
FUND
MOTION: That$500,000 be appropriated to the Town of Lexington Post
Employment Insurance Liability Fund,as established by Chapter 317 of the Acts of 2002,and
that to meet this appropriation$500,000 be raised in the tax levy.
Ms.Mauger presented request and reported support of the Board of Selectmen(4-1).
10:10 p.m. Glenn Parker reported support of Appropriation Committee(8-0),with member
Alan Levine speaking in support.
10:17 p.m. Members spoke in support and opposition.
10:43 p.m. James Lowry,pr.5,called the question. Motion Adopted.
10:44 p.m. Following a voice vote,the Moderator declared the motion Not Adopted.
10:46 p.m. Frank Sandy,pr.6,moved to adjourn to Monday,November 26th. Not Adopted.
10:47 p.m. Paul Chernick,pr.6,questioned the presence of a quorum.
10:48 p.m. Presented by Selectman Norman Cohen.
ARTICLE 2: AMEND FY 2013 OPERATING,ENTERPRISE FUND AND
COMMUNITY PRESERVATION BUDGETS
MOTION:
a) That the appropriations authorized under Article 4 of the 2012 Annual Town
Meeting be amended as follows and that said amounts be raised in the tax levy:
Line Item Description From To
2110 Contributory Retirement $4,205,537 $5,205,537
2160 Property&Liability Insurance $ 630,000 $ 645,000
3100-3500 DPW—October Storm $ - $ 200,000
b) That the appropriations authorized under Article 5(a)of the 2012 Annual Town Meeting
for the current fiscal year's water enterprise fund be amended as follows:
Description From To
MWRA Assessment $ 5,153,351 $ 5,145,927
c) That the appropriations authorized under Article 5(b)of the 2012 Annual Town Meeting
for the current fiscal year's wastewater enterprise fund be amended as follows:
Description From To
MWRA Assessment $ 7,032,394 $ 6,954,177
d) That the reserve for appropriation from estimated receipts as recommended by the
Community Preservation Committee under Article 8 of the 2012 Annual Town Meeting
be amended as follows:
Description From To
Unbudgeted Reserve $ 2,984,100 $ 3,145,607
10:48 p.m. Appropriation Committee Chairman Glenn Parker reported support of the
Appropriation Committee (8-0). David Kanter reported unanimous support of the Capital
Expenditures Committee for part(d).
10:48 p.m. David Kanter moved the following amendment:
AMENDMENT: The 'To' amount for Line Item 2110,Contributory Retirement,
be changed from$5,205,537 to$5,905,537.
10:49 p.m. Patrick Mehr,pr.3,questioned the presence of a quorum.
Following a standing vote the presence of a quorum of 109 members was confirmed.
10:53 p.m. Selectman Chair Deborah Mauger reported the opposition of the Selectmen to the
amendment(5-0). The Appropriation Committee reported opposition to the amendment(7-1).
10:54 p.m. Members spoke in support and opposition to the amendment.
10:56 p.m. Following a voice vote on the Kanter amendment,the Moderator declared the
amendment Not Adopted.
10:57 p.m. Following a voice vote on Article 2,the Moderator declared the Motion Adopted.
November 19, 2012 Special Town Meeting, cont...
10:57 p.m. Presented by Selectman Deborah Mauger.
ARTICLE 3: ESTABLISH AND APPROPRIATE TO SPECIFIED STABILIZATION FUNDS
MOTION:
a) That a Capital Projects/Debt Service Reserve/Building Renewal Stabilization Fund be
created in accordance with MGL Chapter 40,Section 5B,and that$1,600,000 be
appropriated to such Fund,and to meet this appropriation$1,600,000 be raised in the tax
levy.
b) That$4,794 be appropriated to the Transportation Demand Management/Public
Transportation Stabilization Fund,and to meet this appropriation$4,794 be transferred from
the TDM special revenue account.
Ms.Mauger reported unanimous support of the Board of Selectmen.
Beth Masterman reported unanimous support of Article 3(a)of the Capital Expenditures
Committee,and that the Committee had no position on Article 3 (b).
Glenn Parker reported support of the Appropriation Committee(8-0).
10:59 p.m. Following a voice vote,the Moderator declared the motion adopted by more than
the necessary two-thirds vote.
10:59 p.m. Deputy Moderator Rodney Cole presiding,Selectman Peter Kelley presenting.
ARTICLE 5: ESTABROOK SCHOOL ACCESS IMPROVEMENTS
MOTION: That the Town appropriate$1,500,000 for street,drainage,intersection
and sidewalk improvements to Grove Street and Robinson Road in connection
with the construction of the new Estabrook School,and to meet this appropriation
$1,500,000 be raised from the general fund unreserved fund balance.
Mr.Kelley explained requested action and reported unanimous support of the Board of
Selectmen.
11:00 p.m. Town Engineer John Livsey reviewed planned work.
11:06 p.m. David Kanter reported unanimous support of the Capital Expenditures
Committee. Richard Neumeier reported unanimous support of the Appropriation Committee.
Margaret Coppe reported unanimous support of the School Committee.
Planning Board Member Richard Canale addressed tree replacement.
11:07 p.m. Town Engineer John Livsey responded to member questions on sidewalks,
crosswalks,and lighting.
11:11 p.m. Motion Unanimously Adopted.
Mr. Cole turned the meeting over to Moderator Deborah Brown.
11:11 p.m. Paul Lapointe,pr.2,moved the Special Town Meeting be dissolved.
11:13 p.m. Presented by Joe Pato,pr.2.
ARTICLE 10: TOWN MEETING ELECTRONIC VOTING BYLAW
MOTION: That Chapter 118 of the Code of the Town of Lexington be amended as set
forth below,and further that non-substantive changes to the numbering of this bylaw be
permitted in order that it be in compliance with the numbering format of the Code of the
Town of Lexington:
Delete Section 118-17 in its entirety and replace it with the following:
Section 118-17. Voting.
A. Voting in Town Meeting shall be by:
(1) voices of the members,or
(2) a counted vote by:
(a) an electronically and display system used:
i. By itself to reflect the vote,or
i. In conjunction with a voice vote as authorized herein("the electronic system"),or
(b) members standing,or
(c) writing,or
(d) roll-call poll.
B. Vote taken by voices of the members:
(1) Whenever only a majority vote is required,the Moderator shall first announce the vote as it appears to
him/her by the sound.If the Moderator is unable to decide by the sound of the voices,or if the announcement is
thereupon doubted by 20 or more members rising in their places for that purpose,the Moderator shall,without
debate,order a counted vote.
(2) Whenever a two-thirds vote is required by statute,anything in the By-Laws,or other authority,such vote
may be declared as such by the Moderator as it appears to him/her by the sound and be recorded as such by the
Town Clerk upon such declaration,provided,however,that if the announcement is thereupon doubted by seven or
more members rising in their places for that purpose,a counted vote shall be taken.
November 19, 2012 Special Town Meeting, cont...
C. Electronic system:
(1) After a public hearing,the Moderator,in consultation with the Board of Selectmen,and the Town Clerk,is
authorized to define operating rules governing the use of the electronic system.Beyond addressing the general
procedures for operating the electronic system,these rules shall include,but not be limited to,procedures for:
(a) Challenging a vote,
(b) Enhancing the security and integrity of the voting process,
(c) Testing of the electronic system every time it is started,and
(d) A physical record of the results of each electronic vote being provided to the Town Clerk
immediately following each electronic vote.
(2) Use of the electronic system and its corresponding operating rules must be authorized by a two-thirds
majority vote of Town Meeting.
(a) Such authorization may occur at a session of any Town Meeting,but must occur before the
electronic system is used.
(b) Such authorization shall remain in effect unless challenged by 40 or more members rising in
their places for that purpose or substantive change(s)of the rules are defined by the Moderator
following the process of C(1).In either event,authorization for use of the electronic system
must again be put to a two-thirds majority vote of Town Meeting.
(3) At the Moderator's discretion or at the request of 20 or more members rising in their places for that
purpose,the vote on any motion shall be taken by use of the electronic system.
(4) Votes taken using the electronic system shall be displayed to Town Meeting Members in their places and
the public before the Moderator announces the vote.The display shall minimally show:
(a) A short form with the final tally of"yes","no","abstain",and missing votes when the
electronic vote is accompanied by a voice vote,or
(b) A long-form listing each Town Meeting Member's name,or an abbreviation that is unique
among members of that Town Meeting,his/her precinct,his/her"yes","no","abstain",or
lack of vote and the final tally of the votes by those same categories.
At the Moderator's discretion or at the request of 20 or more members rising in their
places for that purpose,the long-form listing of subsection C(4)(b)shall be used even if
the electronic vote is accompanied by a voice vote.
(5) Votes taken using the electronic system in conjunction with a voice vote shall be determined by the results
reported by the electronic system.
D. Standing Vote
(1) At the Moderator's discretion or at the request of 40 or more members rising in their places for that
purpose,the vote on any motion shall be taken by use of a standing vote.
(2) The Moderator may at any time during Town Meeting before the first standing vote appoint tellers to make
and return the count of any standing vote during that Town Meeting.
E. Vote taken in writing or by poll.At the Moderator's discretion or at the request of 50 or more
members rising in their places for that purpose,the vote on any motion shall be taken:
(1) In writing on a list by precinct,and for members-at-large on a list of such members,upon which each
member shall record his/her vote and affix his/her signature;or
(2) By a roll-call poll of the meeting by the Town Clerk.
F. Record of votes:
(1) If Subsection E(1)above is used,the signed lists shall constitute the official vote of the meeting,a
permanent public record of which shall be maintained by the Town Clerk.
(2) A record of the vote taken by the electronic system or in the manner specified in Subsection E(1)or E(2)
above shall be made available electronically to the public within 24 hours of the vote.The record shall disclose how
each Town Meeting member voted.
G. When a motion is readily divisible,it shall be divided and the vote upon each part taken
separately,provided the Moderator deems the division beneficial or at the request of 25 or
more members rising in their places for that purpose.
11:13 p.m. Paul Lapointe,pr.2,moved Indefinite Postponement of Article 10.
11:14 p.m. The Board of Selectmen reported support for indefinite postponement(3-2).
11:15 p.m. Joe Pato briefly explained possible impact of delay on voting.
Victoria Blier,pr.9,questioned further.
11:20 p.m. Motion on Indefinite Postponement Adopted.
11:20 p.m. Selectman Deborah Mauger moved the November 19,2012 Special Town Meeting
be dissolved. Unanimously Adopted.
A true copy.
Attest:
Donna M.Hooper,Town Clerk