HomeMy WebLinkAbout2010-03-22-ATM-min 2010 Annual Town Meeting
March 22,2010
(See Warrant File for Warrant)
The first session of the 2010 Annual Town Meeting was called to order by Moderator Deborah J.
Brown at 7:30 p.m.,Monday,March 22,2010,Cary Memorial Hall;a quorum of 170 present.
The Lexington Minutemen,accompanied by the William Diamond Fife and Drum Corps,posted
the colors. The Moderator called for a moment of silence in honor of Donald Gillespie,retired
long-time Music Director at Lexington High School.
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,outlined procedural matters and plans for upcoming sessions. The Moderator
declared the meeting open under Article 2 for the duration of the meeting.
ARTICLE 2: ELECTION OF DEPUTY MODERATOR AND
REPORTS OF TOWN BOARDS,OFFICERS,COMMITTEES
The Moderator moved Deborah Strod be appointed Deputy Moderator for the duration of the
meeting. Adopted Unanimously.
7:57 p.m.
The Moderator declared a recess for a report of the Town Manager on recent flooding.
Town Manager Carl Valente summarized recent events and actions taken in response to an
approximate 7"rainfall received over a 48-hour period.
8:02 p.m.Meeting called back to order.
Selectman Norman Cohen moved receipt of the report of the Cary Lecture Series.
Nancy Shephard reported on the four presentations this year. Adopted Unanimously.
8:06 p.m.Presented by Selectman Norman Cohen.
ARTICLE 3: APPOINTMENTS TO CARY LECTURE SERIES
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.
Adopted Unanimously.
8:07 p.m.
ARTICLE 2: ELECTION OF DEPUTY MODERATOR AND
REPORTS OF TOWN BOARDS,OFFICERS,COMMITTEES
Richard Canale moved the Report of the Planning Board(articles 37-42)be received and placed on
file. Unanimously Adopted.
Planning Board Chairman Gregory Zurlo presented brief remarks.
8:14 p.m. The Moderator explained proposed article order,articles 37-41.
Selectman Norman Cohen moved articles 37-41 be taken up. Adopted Unanimously.
8:14 p.m. Presented by Charles Hornig,pr.8.
ARTICLE 37: AMEND ZONING BY-LAW, FOOD RELATED USES
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 on this article,and further that
nonsubstantive changes to the numbering of this bylaw be permitted in order that
it be in compliance with the numbering format of the Code of Lexington.
ARTICLE 37 MOTION FROM PLANNING BOARD REPORT:
That the Zoning Bylaw, Chapter 135 of the Code of the Town of Lexington, be amended as follows
(underlining shows additions,strike-throughs show deletions):
1. Amend the definition of "Drive-In Restaurant"in§135-8 to read as follows:
DRIVE-IN FOOD SERVICE — An establishment primarily for dispensing food or beverage for
consumption in a car on the premises.
DRIVE-IN RESTA I io^niT FOOD SERVICE—An establishment primarily for dispensing pFepared food or
beverage to perseR in a car on the premises.
2. Add the following definition after the definition of "DRIVE-IN RESTAURANT"and before the
definition of"DRIVEWAY"in§135-8:
DRIVE-THROUGH FOOD SERVICE —An establishment primarily for dispensing food or beverage to
persons in a car.
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3. Amend the definition of "Takeout Food Service"in§135-8 to read as follows:
TAKEOUT FOOD SERVICE —An establishment primarily for dispensing food or beverage to persons
carrying the food away for consumption elsewhere.
TAKEOUT FOOD SERVICE—An establishment primarily for dispensing pFepared food or beverage to
persons carrying the food away for consumption elsewhere.
4. Amend the uses in Table 1 (Permitted Uses and Development Standards),Part B(Commercial
Uses)as follows:
CN CRS CS CB CLO CRO CM
8.11 Convenience goods often Y Y Y Y Y N Y Y
bought on a daily basis
such as food,candy,
newspapers,tobacco
products
8.13 Food-,_Iaut not that-intended Y Y N Y N N Y SP
for consumption on the
premises,ind-ides
dekateccen F bake Fy but
not a takeout or fast-food
service
CN CRS CS CB CLO CRO CM
9.11 Restaurant N SP Y_ N Y N SP-Y SP Y
9.12 Fast food service N SP SP N SP N N SP SP Y
9.13 Takeout food service (' SP Y- SP Y- SP Y' N NY* SP Y'
requires a SP for service
between the hours of 11 pm
and 7 am
9.14 Caterer or other N N SP Y SP N N Y
establishment preparing
meals for groups of people
(In the CB District only in
conjunction with a
substantial retail food
business as set forth in
lines 8.13, 9.11, 9.12, 9.13
in Table 1.
9.15 Drive-in or drive-tkw+through N N N N N N N
food service e&teh sh e„t
8:16 p.m. Charles Hornig reported unanimous support of the Planning Board
8:27 p.m. Deborah Manger reported unanimous support of the Board of Selectmen.
8:28 p.m. Members questioned fast-food and take-out,drive-in and drive-thru definitions,
primary type of food establishments,and role of Zoning Enforcement Officer. Charles Hornig
responded. Planning Director MaryAnn McCall-Taylor expanded further.
8:42 p.m. Moderator Declared Motion Adopted by more than the required two-thirds
8:43 p.m. Presented by Charles Hornig,pr.8.
ARTICLE 38: AMEND ZONING BY-LAW–IMPERVIOUS SURFACE
MOTION: That this article be referred back to the Planning Board. Adopted Unanimously.
8:44 p.m. Presented by Richard Canale,pr.9.
ARTICLE 39: AMEND ZONING BY-LAW–FLOOD PLAIN
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 on this article,and further that
nonsubstantive changes to the numbering of this bylaw be permitted in order that
it be in compliance with the numbering format of the Code of Lexington.
ARTICLE 39 MOTION FROM PLANNING BOARD REPORT:
To see if the Town will vote to modify the National Flood Insurance District,by amending the
Zoning Bylaw and Zoning Map of the Town of Lexington as follows:
1. Delete and replace the existing§135-2E(2)so that it reads as follows:
(2) The National Flood Insurance District.The NFI District includes all special flood hazard
areas within the Town of Lexington designated as Zone A and AE on the Middlesex
County,Massachusetts Flood Insurance Rate Map(FIRM)issued by the Federal
Emergency Management Agency (FEMA)for the administration of the National Flood
Insurance Program. The map panels of the Middlesex County FIRM that are wholly or
partially within the Town of Lexington are panel numbers 0382E,0384E,0392E,0401E,
0402E,0403E,0404E,0408E,0411E,0412E,0414E,and 0416E dated June 4,2010.
The exact boundaries of the District may be defined by the 100-year base flood
elevations shown on the FIRM and further defined by the Middlesex County Flood
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Insurance Study(FIS)report dated June 4,2010. The FIRM and FIS report are
incorporated herein by reference and are on file with the Town Clerk and Community
Development Department and available on the Town website.
2. Delete and replace the existing§135-43B so that it reads as follows:
B. National Flood Insurance District
(1) Purpose of the district. The purpose of this district is to insure public safety through
reducing the threats to life and personal injury;eliminate new hazards to emergency
response officials;prevent the occurrence of public emergencies resulting from water
quality,contamination,and pollution due to flooding;avoid the loss of utility services
which if damaged by flooding would disrupt or shut down the utility network and impact
regions of the community beyond the site of flooding;eliminate costs associated with the
response and cleanup of flooding conditions;and,reduce damage to public and private
property resulting from flooding waters.
(2) Superimposed over other districts.The Floodplain District is herein established as an
overlay district.
(3) Base flood elevation and floodway data.
(a) Floodway Data. In Zones A and AE,along watercourses within the Town of
Lexington that have not had a regulatory floodway designated,the best available
Federal,State,local,or other floodway data shall be used to prohibit encroachments
in floodways which would result in any increase in flood levels within the
community during the occurrence of the base flood discharge.
(b) Base Flood Elevation Data. Base flood elevation data is required for subdivision
proposals or other developments greater than 50 lots or 5 acres,whichever is the
lesser,within unnumbered A zones.
(4) Notification of Watercourse Alteration.In a riverine situation,the Conservation
Administrator shall notify the following of any alteration or relocation of a watercourse:
Adjacent Communities,NFIP State Coordinator,and NFIP Program Specialist.
(5) Use Regulations.
(a) The Floodplain District is established as an overlay district to all other districts. All
development in the district,including structural and non-structural activities,whether
permitted by right or by special permit must be in compliance with Chapter 131,
Section 40 of the Massachusetts General Laws and with the following:
[1] Section of the Massachusetts State Building Code which addresses floodplain
and coastal high hazard areas(currently 780 CMR 120.G, "Flood Resistant
Construction and Construction in Coastal Dunes");
[2] Wetlands Protection Regulations,Department of Environmental Protection
(DEP)(currently 310 CMR 10.00);
[3] Inland Wetlands Restriction,DEP(currently 310 CMR 13.00);
[4] Minimum Requirements for the Subsurface Disposal of Sanitary Sewage,DEP
(currently 310 CMR 15,Title 5);
Any variances from the provisions and requirements of the above referenced state
regulations may only be granted in accordance with the required variance procedures
of these state regulations.
(b) In Zones AE,along watercourses within the Town of Lexington that have a
regulatory floodway designated on the Middlesex County FIRM Map,
encroachments are prohibited in the regulatory floodway which would result in any
increase in flood levels within the community during the occurrence of the base flood
discharge.
(c) All subdivision proposals must be designed to assure that:
[1] such proposals minimize flood damage;
[2] all public utilities and facilities are located and constructed to minimize or
eliminate flood damage;and
[3] adequate drainage is provided to reduce exposure to flood hazards.
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(d) Existing contour intervals of site and elevations of existing structures must be
included on plan proposal.
(6) Definitions. In addition to the terms defined in Article II,Definitions,of this bylaw,the
following words,which are technical terms applying to the National Flood Insurance
Overlay District,shall have the meaning indicated below. Although set forth here for
convenience,the terms shall have the same effect as if set forth in Article II Definitions.
BASE FLOOD means the flood having a one percent chance of being equaled or
exceeded in any given year.
DEVELOPMENT means any manmade change to improved or unimproved real estate,
including but not limited to building or other structures,mining,dredging,filling,
grading,paving,excavation or drilling operations.
DISTRICT means floodplain district.
FEDERAL EMERGENCY MANAGEMENT AGENCY(FEMA)administers the
National Flood Insurance Program. FEMA provides a nationwide flood hazard area
mapping study program for communities as well as regulatory standards for development
in the flood hazard areas.
FLOOD BOUNDARY AND FLOODWAY MAP means an official map of a community
issued by FEMA that depicts,based on detailed analyses,the boundaries of the 100-year
and 500 year floods and the 100-year floodway. (For maps done in 1987 and later,the
floodway designation is included on the FIRM.)
FLOOD HAZARD BOUNDARY MAP(FHBM)means an official map of a community
issued by FEMA where the boundaries of the flood and related erosion areas having
special hazards have been designated as Zone A or E.
FLOOD INSURANCE RATE MAP(FIRM)means an official map of a community on
which FEMA has delineated both the areas of special flood hazard and the risk premium
zones applicable to the community.
FLOOD INSURANCE STUDY means an examination,evaluation,and determination of
flood hazards,and,if appropriate,corresponding water surface elevations,or an
examination,evaluation and determination of flood-related erosion hazards.
FLOODWAY means the channel of a river or other watercourse and the adjacent land
areas that must be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation.
LOWEST FLOOR means the lowest floor of the lowest enclosed area(including
basement or cellar). An unfinished or flood resistant enclosure,usable solely for parking
of vehicles,building access or storage in an area other than a basement area is not
considered a building's lowest floor,PROVIDED that such enclosure is not built so as to
render the structure in violation of the applicable non-elevation design requirements of
NFIP Regulations 60.3.
NEW CONSTRUCTION means,for floodplain management purposes,structures for
which the "start of construction"commenced on or after the effective date of a floodplain
management regulation adopted by a community. For the purpose of determining
insurance rates,NEW CONSTRUCTION means structures for which the"start of
construction"commenced on or after the effective date of an initial FIRM or after
December 31, 1974,whichever is later.
ONE-HUNDRED-YEAR FLOOD-see BASE FLOOD.
REGULATORY FLOODWAY-see FLOODWAY
RIVERINE means relating to,formed by,or resembling a river(including tributaries),
stream,brook,etc.
SPECIAL FLOOD HAZARD AREA means an area having special flood and/or flood-
related erosion hazards,and shown on an FHBM or FIRM as Zone A,AO,Al-30,AE,
A99,AIL V,V1-30,VE.
STRUCTURE means,for floodplain management purposes,a walled and roofed
building,including a gas or liquid storage tank,that is principally above ground,as well
as a manufactured home. STRUCTURE,for insurance coverage purposes,means a
walled and roofed building,other than a gas or liquid storage tank,that is principally
above ground and affixed to a permanent site,as well as a manufactured home on
foundation. For the latter purpose,the term includes a building while in the course of
construction,alteration,or repair,but does not include building materials or supplies
intended for use in such construction,alteration,or repair,unless such materials or
supplies are within an enclosed building on the premises.
SUBSTANTIAL DAMAGE means damage of any origin sustained by a structure
whereby the cost of restoring the structure to its before-damaged condition would equal
or exceed 50 percent of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT means any repair,reconstruction,or improvement of
a structure,the cost of which equals or exceeds 50 percent of the market value of the
structure either(a)before the improvement or repair is started,or(b)if the structure has
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been damaged and is being restored,before the damage occurred. For the purposes of
this definition, "substantial improvement"is considered to occur when the first alteration
of any wall,ceiling,floor,or other structural part of the building commences,whether or
not that alteration affects the external dimensions of the structure.
ZONE A means the 100-year floodplain area where the base flood elevation(BEE)has
not been determined. To determine the BFE,use the best available federal,state,local,or
other data.
ZONE Al-30 and ZONE AE(for new and revised maps)means the 100-year floodplain
where the base flood elevation has been determined.
ZONES B,C,AND X are areas identified in the community Flood Insurance Study as
areas of moderate or minimal flood hazard. Zone X replaces Zones B and C on new and
revised maps.
----------------------------
8:45 p.m. Richard Canale,pr.9,reported on the article.
8:46 p.m. Conservation Administrator Karen Mullins provided further explanation.
8:48 p.m. Richard Canale reported unanimous support of the Planning Board.
8:49 p.m. Deborah Manger reported unanimous support of the Board of Selectmen.
8:50 p.m. Motion Declared Unanimously Adopted.
8:50 p.m. Presented by Anthony Galaitsis,pr.6.
ARTICLE 40: AMEND ZONING BY-LAW—TECHNICAL CORRECTIONS
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 on this article,and further that
nonsubstantive changes to the numbering of this bylaw be permitted in order that
it be in compliance with the numbering format of the Code of Lexington.
MOTION FROM PLANNING BOARD REPORT:
That the Zoning Bylaw,Chapter 135 of the Code of the Town of Lexington,and the Zoning Map
of the Town of Lexington be amended as follows:
1. Replace the word"Traffic'with the word"Transportation"in the title of the section135-
43C(6) so that it reads as follows:
(6)Parking and Transportation Demand Management.
2. Amend the title of the"Traffic Management Overlay District'shown on the Zoning Map by
replacing the word"Traffic'with the word"Transportation"so the district is now called the
"Transportation Management Overlay District."
---------------------
8:53 p.m. Deborah Manger reported unanimous support of the Board of Selectmen.
Declared Unanimously Adopted.
8:55 p.m. Presented by Jerald Michelson,pr.5.
ARTICLE 41: AMEND ZONING BY-LAW—CENTER ZONING
MOTION: That the Zoning By-Laws of the Town,Chapter 135 of the Code of Lexington,be
amended as follows:
Amend§135-77A(2)by designating the existing paragraph as section(a)and
adding a new paragraph(b)so §135-77A(2)reads as follows:
(2) Projecting signs.
(a) In particular instances the SPCA may issue special permits for projecting
signs in accordance with§135-78,if it is determined that the architecture
of the building,the location of the building with reference to the street or
the nature of the establishment is such that the sign should be permitted in
the public interest. No establishment shall be permitted more than one
projecting sign.
(b)Notwithstanding(a)above,in the Center Business District,one projecting
sign per establishment shall be permitted by right provided it meets the
standards set out below.Proiecting signs exceeding these dimensions shall
be subiect to the special permit provisions of§ 135-78.
[11 Projecting signs may not exceed six square feet in area(not including
the area of the snporting bracket or hanger):
[21 For single-story structures,projecting signs shall not project above the
roofline or 18 feet,whichever is lower;for multi-story structures
projecting signs may not extend vertically above the window sill of the
second story,
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[31 Protecting signs must clear sidewalks by at least eight feet from the
bottom of the sign and may protect no more than four feet from a
building or one-third the width of the sidewalk,whichever is less:
L4] Projecting signs must clear the wall by at least six inches and must
protect from the wall at an angle of 90 degrees.Angular protection
from the corner of a building is prohibited.
8:55 p.m. Howard Levin,Lexington Center Committee,reviewed requested action.
8:59 p.m. Wendy reported unanimous support of the Planning Board.
9:00 P.M. George Burnell reported unanimous support of the Board of Selectmen.
9:00 P.M. Dawn McKenna,pr.6,reported support of the Tourism Committee.
Members spoke in support and opposition,questioned sign characteristics and authority of the
Historic Districts Commission to prohibit signs. Howard Levin and Senior Planner Aaron Henry
responded.
MaryJo Bohart,Executive Director,Chamber of Commerce,spoke in support.
Marilyn Fenollosa,pr.5,Alternate Member of the Historic Districts Commission,commented
further on the power of the Historic Districts Commission over signage. Town Counsel Kevin
Batt opined on the Commission's authority.
9:12 p.m. Members spoke further in support and opposition,questioning allowed signs and
exclusions,and role of Design Advisory Committee.
9:21 p.m. James Barry,pr.1,spoke in opposition. Discussion ensued on regulating signs
and role of Historic Districts Commission. Town Counsel Kevin Batt clarified further.
9:44 p.m. Planning Director Maryann McCall-Taylor explained the existing sign bylaw
remains in effect. Members questioned further allowable signs.
9:53 p.m. Following a voice vote,the Motion was declared Adopted by more than the
required two-thirds vote,with 127 voting in the affirmative,24 in the negative,and 1 abstaining,
tallied as follows:
Vote/Pct 1 2 3 4 5 6 7 8 9 AL Total
YES 16 13 12 16 11 12 14 12 11 10 127
NO 3 2 4 0 4 6 2 3 0 1 0 24
Abstain 0 0 0 0 0 1 1 0 0 0 1 0 1
9:58 p.m. Selectman Norman Cohen moved Articles 6 and 10 be taken up.
Unanimously Adopted.
9:58 p.m. Presented by Selectman Peter Kelley.
ARTICLE 6: APPROPRIATE FOR SENIOR SERVICE PROGRAM
MOTION: That this article be indefinitely postponed. Unanimously Adopted.
10:00 P.M. Presented by Selectman Peter Kelley
ARTICLE 10: LAND PURCHASE—OFF FARM ROAD
MOTION: That this article be indefinitely postponed. Unanimously Adopted.
10:00 P.M. Selectman Norman Cohen moved Article 26 be taken up. Unanimously Adopted.
10:00 P.M. Presented by Selectman George Burnell.
ARTICLE 26 AMEND BYLAW—LENGTH OF CONTRACTS
MOTION: That Chapter 32 of the Code of the Town of Lexington be amended as set forth in
the Article,and further that nonsubstantive changes to the numbering of this
bylaw be permitted in order that it be in compliance with the numbering format of
the Code of Lexington.
TEXT OF WARRANT ARTICLE: To see if the Town will vote to amend§32-4 of
Chapter 32 of the code of the Town of Lexington(Authorization to Solicit,Award
and Enter Certain Contracts)by adding after the words"Water supply 20"the
words"Community Television Services 10";or act in any other manner in
relation thereto.
10:01 P.M. George Burnell reported unanimous support of the Board of Selectmen.
10:03 p.m. Mollie Garberg reported unanimous support of the Appropriation Committee.
10:04 p.m. Unanimously Adopted.
10:05 p.m. Selectman Norman Cohen moved Article 27 be taken up. Unanimously Adopted.
March 22,2010 Session of the 2010 Annmad Town Meeting,coat_..
10:05 p.m. Presented by Selectman Deborah Manger.
ARTICLE 27: AMEND BYLAW—TREES
MOTION: That Chapter 120 of the Code of the Town of Lexington be amended as set forth
in the Article,and further that nonsubstantive changes to the numbering of this
bylaw be permitted in order that it be in compliance with the numbering format of
the Code of Lexington.
TEXT OF WARRANT ARTICLE: To see if the Town will vote to amend Chapter
120 of the Code of the Town of Lexington as follows:
a) by deleting the entire paragraph under Paragraph(3)of Item C. Mitigation of§ 120-8
Protected Trees and adding the word"Deleted"after(3);and
b) by deleting the sentence under Item C.of§120-9 Emergencies and Exemptions and
adding the word"Deleted"after C;
or act in any other manner in relation thereto.
10:05 p.m. Deborah Manger reported unanimous support of the Board of Selectmen.
10:06 p.m. James Wood,pr.7,reported unanimous support of the Tree Committee.
10:08 P.M. Gregory Zurlo reported unanimous support of the Planning Board.
Tree Warden David Pinsonneault reviewed changes and responded to questions on wording to
be deleted.
10:15 p.m. Motion Adopted.
10:16 p.m. Selectman Norman Cohen moved the meeting be adjourned until Wednesday,
March 24,2010 at 7:45 pm.,Cary Hall. Motion Adopted.
A true copy.
Attest:
Donna M.Hooper,Town Clerk
March 24,2010 Adjourned Session of the 2010 Annual Town Meeting
The second session of the 2010 Annual Town Meeting was called to order by Moderator
Deborah J. Brown at 7:45 p.m.,Wednesday,March 24,2010,Cary Memorial Hall;a quorum of
171 present.
The Moderator called for a moment of silence for the passing of Town Meeting Member James
Barry,precinct 1,who passed away following the meeting of March 22nd. Town Meeting
Member Dan Fenn,pr.3,spoke of remembrances.
7:55 p.m. Selectman Norman Cohen moved Article 43 be taken up. Motion Adopted.
8:01 P.M. Presented by Brian Kelley,pr.6.
ARTICLE 43: AMEND ZONING BY-LAW—425 WOBURN STREET LAND REZONING
(OWNER ARTICLE)
MOTION: That the Preliminary Site Development and Use Plan,adopted as part of the RD-5
Planned Residential District at the 1985 Annual Town Meeting for the property
known and numbered 425 Woburn Street be modified in accordance with the
Preliminary Site Development and Use Plan originally filed with the Town Clerk
and the Planning on January 13,2010 and revised and resubmitted on March 15,
2010.
Brian Kelley presented proposed rezoning.
8:21 p.m. Richard Canale,pr.9,moved the Report of the Planning Board on Article 43 be
received and placed on file. Unanimously Adopted.
8:22 p.m. Gregory Zurlo,Planning Board Chairman,reported the support of the Planning
Board.
Norman Cohen reported the support of the Board of Selectmen(3 yes, 1
undecided,and recusal of Selectman Peter Kelley),and the need for increased housing options to
meet needs of income and age groups.
8:29 p.m. Alan Levine,pr.8,reported discussion of Appropriation Committee in response to
the community discussion of the fiscal impact of the proposed development,and likely impact.
Mr.Levine reported the Appropriation Committee takes no position.
March 24,2010 Adjourned Session of the 2010 Annual Town Meeting,cont_..
8:35 p.m. Ken Kreutziger,pr.2,reported the unanimous support of the Lexington Housing
Partnership Board.
8:43 p.m. Elaine Dratch,pr.5,Transportation Advisory Committee,introduced the
Committee's newest member—Larry Link. Mr.Link reported the support of the Committee and
a recommendation for a traffic study of the area.
8:45 p.m. Members spoke in support and opposition,commenting on density of
development,cost of condominiums,housing diversity,and selection process for units to serve
low income.
Proponent Brian Kelley responded to questions and explained system to be used for identifying
eligibility,deed restrictions,and resale restrictions.
9:07 p.m. Aaron Henry,Senior Planner,further explained universal deed riders.
Further discussion ensued on development impact,including municipal and school services,and
building design.
9:15 p.m. Area residents Rona Cohen(Peachtree Rd),Jack Manuel(Woburn St)and Guy&
Eleanor Brown(Woburn St)spoke in opposition and support.
9:30 p.m.Members continued to speak in support and opposition,questioned complex size,
density, and affordability. Proponent Brian Kelley explained building size and affordability,
density,and number of units is needed to offset costs.
9:39 p.m. Richard Michelson,pr.8,moved the question. Motion Adopted
9:40 p.m. Proponent Brian Kelley summarized request and reported the following members
would abstain from voting: Brian Kelley,pct.6;Beverly Kelley,pct.4;
Peter Kelley,At-Large;Alan Wrigley,pct.7;Paul Barnes,pct.5;Janet Perry,pct.9
9:46 p.m. The Moderator called for a standing vote,tallied as follows:
Vote/Pct 1 2 3 4 5 6 7 8 9 AL Total
YES 13 15 14 9 12 13 12 10 13 7 118
NO 4 3 1 11 5 5 7 7 3 1 47
With 118 voting in the affirmative,and 47 in the negative,the Moderator declared the
motion adopted by more than the required two-thirds vote.
9:47 p.m. Selectman Norman Cohen moved Article 32 be taken up. Motion Adopted.
9:51 p.m. Presented by Adam Sacks,pr.2.
Article 32 CLIMATE CHANGE COMMITTEE(CITIZENS'PETITION)
MOTION: To appoint a Transition Committee to address Lexington's response to climate
change,availability of fossil fuels,and other environmental issues:
Whereas,we are facing mounting environmental,economic and resource uncertainties,
including but not limited to climate change,availability and costs of fossil fuels,toxic
pollution of soils and water,and growing international competition for limited essentials
such as food,water,shelter,and transportation;
Whereas, Lexington is almost entirely dependent on external sources for all necessities
of living;
Whereas,our health,wellbeing,and economic viability as a community depend on our
ability to plan for aforesaid uncertainties.
Therefore,be it resolved that:
Town Meeting requests the Town Moderator to appoint a Transition Committee for a term
of three years and renewable thereafter,comprised of not more than fifteen members
who will elect a chair,and whose charge is to:
Evaluate the environmental,economic,and social challenges that Lexington faces with
respect to changes in climate,the environment and energy supplies;
Investigate actions that other communities have taken and consider how similar actions
might be appropriate for Lexington;
Propose short-and long-term strategies for dealing with the constraints imposed by
current and future changes,and outline steps that would enable Lexington to make a
transition to a resilient,sustainable and self-sufficient community as desirable or
necessary;
Engage Lexington residents,businesses and governmental bodies in discussion and
planning,including public outreach and meetings;
March 24,2010 Adjourned Session of the 2010 Annual Town Meeting,cont_..
Collaborate with existing Town Committees, Boards and Departments;
Make recommendations to Town Meeting and other public and private bodies for further
action;
And any other action as appropriate.
9:57 p.m. Hank Manz reported support of the Board of Selectmen(4-1).
Adam Sacks confirmed the motion had unsubstantial changes from the original.
9:58 p.m. Members questioned the authority of a resolution,practicality,and duration.
Town Counsel Kevin Batt advised a resolution is non-binding but shows intent of the meeting.
Adam Sacks explained intention of product.
10:00 P.M. Members continued to speak in support and opposition, questioned and
commented on possible cost to the town, any duplicative nature of this committee to existing
standing committees,operation outside of formal government structure,and likely qualifications
of committee members for appointment by Moderator.
10:24 p.m. David Kanter,pr.7,moved the question. Motion Adopted.
Adam Sacks summarized justification and intent of motion.
10:26 p.m. Following a voice vote,the Motion was declared Not Adopted, with 70 voting in
the affirmative and 70 in the negative,tallied as follows:
Vote/Pct 1 2 3 4 5 6 7 8 9 AL Total
YES 9 7 8 5 8 7 7 9 4 1 6 70
NO 8 1 8 1 6 13 5 8 6 6 1 7 1 3 70
10:31 p.m. Joseph Pato,pr.2,served notice of reconsideration of Article 32.
10:31 p.m. Selectman Norman Cohen moved the meeting be adjourned until Monday,March
31,2010 at 7:45 pm.,Cary Hall. Motion Adopted.
A true copy.
Attest:
Donna M.Hooper,Town Clerk
-----------------------------------------
March 31,2010 Adjourned Session of the 2010 Annual Town Meeting
The third session of the 2010 Annual Town Meeting was called to order by Moderator Deborah
J. Brown at 7:45 p.m.,Wednesday,March 31,2010,Cary Memorial Hall;a quorum of 171
present.
7:52 p.m. The Moderator called for a brief recess for an update from Town Manager Carl
Valente on the rain storm of March 29'. Town Manger Valente summarized conditions and
efforts,and recognized the hard work of employees.
Members commended and applauded the efforts of the employees,especially from the Public
Works and Fire Departments,with oversight of DPW Director William Hadley and Fire Chief
William Middlemiss.
7:58 p.m. The Moderator called the meeting to order and explained intent to take up article
29 and 42,in that order. Selectman Norman Cohen moved article 29,then 42,be taken up.
Unanimously Adopted.
7:59 p.m. Presented by Selectman Norman Cohen.
ARTICLE 29: ADOPTION OF STRETCH ENERGY CODE
MOTION: That the Code of the Town of Lexington be amended by adding a new Chapter 115,
entitled Stretch Energy Code,as follows:
Chapter 115
STRETCH ENERGY CODE
[Adopted 3-31-2010 ATM/by Article 29]
§115-1 Definitions. §115-4 Authority.
§115-2 Purpose. §115-5 Stretch Code.
§115-3 Applicability.
March 31, 2010 Adjourned Session of the 2010 Annual Town Meeting,coat_..
§115-1.Definitions.
International Energy Conservation Code(IECC)2009-The International Energy
Conservation Code(IECC)is a building code created by the International Code Council.
It is a model code adopted by many state and municipal governments in the United
States for the establishment of minimum design and construction requirements for energy
efficiency.Commencing July 1,2010,the baseline energy conservation requirements of
the MA State Building Code will default to IECC 2009 and MA amendments.
Stretch Energy Code-Codified by the Board of Building Regulations and Standards as
780 CMR Appendix 120 AA,the Stretch Energy Code is the International Energy
Conservation Code(IECC)2009 with amendments contained herein.
§115-2.Purpose.
The purpose of 780 CMR 120.AA is to provide a more energy efficient alternative to the
base energy code applicable to the relevant sections of the building code for both new
construction and existing buildings.
§115-3.Applicability.
This code applies to residential and commercial buildings. Buildings not included in this
scope shall comply with 780 CMR 13,34,61,or 93,as applicable.
§115-4.Authority.
A municipality seeking to ensure that construction within its boundaries is designed and
built above the energy efficiency requirements of 780 CMR may mandate adherence to
this appendix.
780 CMR 120 AA may be adopted or rescinded by any municipality in the commonwealth
in the manner prescribed by law.
§115-5.Stretch Code.
The Stretch Code,as codified by the Board of Building Regulations and Standards as
780 CMR Appendix 120 AA,including any amendments or modifications,is herein
incorporated by reference into the Code or the Town of Lexington General Bylaws,
Chapter 115.
The Stretch Code is enforceable by the building inspector/municipal code official.
And further,that the existing Chapter 115("Taxes")be renumbered as Chapter 116,and
that any other nonsubstantive changes to the numbering of this and any other bylaw be
permitted in order that it be in compliance with the numbering format of the Code of
Lexington.
7:59 p.m. Jeanne Krieger,pr.3,introduced Mr.Ian Finlayson,Massachusetts Department of
Energy Resources,designer of the Stretch Code.Jeanne Krieger provided review of the Green
Communities Program.
8:03 p.m. Mark Sandeen,Brent Rd,described stretch code for Lexington.
8:15 p.m. Norman Cohen reported unanimous support of the Board of Selectmen.
8:16 p.m. Richard Canale,pr.9,reported unanimous support of the Planning Board.
8:16 p.m. Charles Lamb,pr.4,reported the support of the Capital Expenditures Committee.
8:16 p.m. Joyce Miller,pr.6,reported unanimous support of Conservation Commission.
8:17 p.m. Steven Kropper,pr.2,reported unanimous support of Energy Conservation
Committee.
8:19 P.M. Jeanne Krieger responded to questions on description and exemption of historic
buildings,available grants,and baseline year for measurements.
8:23 p.m. Louis Perez,Lexington builder,spoke in support.
8:23 p.m. Jeanne Krieger responded to questions on best-effort reduced energy consumption
goal and ramifications.
8:25 p.m. Lexington High School student Jeff Foster spoke in support.
8:26 p.m. Nancy Nolan,pr.2,Lexington Global Warming Action Committee,spoke in
support.
8:27 p.m. Ian Finlayson responded to questions on state policies on carbon tax.
8:30 p.m. Mark Sandeen responded to questions on construction to energy standards.
8:32 p.m. Patricia Costello,pr.7,reported support of the League of Women Voters.
8:34 p.m. Jeff Rhodin,Lincoln St, spoke in support.
8:36 p.m. Mark Sandeen responded to questions on residential additions/renovations.
8:39 p.m. Keith Omart,East St,for Citizens for Lexington Conservation,spoke in support.
8:40 p.m. Yana Bovin,Lexington Realtor,spoke in support.
8:43 p.m. Motion Declared Unanimously Adopted.
March 31, 2010 Adjourned Session of the 2010 Annual Town Meeting,coat_..
8:43 p.m. Presented by Selectman Norman Cohen.
ARTICLE 42: AMEND ZONINGBY-LAW—GREEN ENERGY
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 on this article,and further
that nonsubstantive changes to the numbering of this bylaw be permitted in order
that it be in compliance with the numbering format of the Code of Lexington.
ARTICLE 42 PLANNING BOARD REPORT MOTION
That the Zoning Bylaw, Chapter 135 of the Code of the Town of Lexington, be amended as
follows:
1. Add the following definition after the definition of "LAMP"and before the definition
of"LEXHAB"in§135-8:
LARGE-SCALE GROUND-MOUNTED SOLAR PHOTOVOLTAIC INSTALLATION-A solar
photovoltaic system that is structurally mounted on the ground and is not roof-mounted, and
has a minimum rated nameplate capacity of 250 kW DC.
2. Add the following definition after the definition of "RADIO-FREQUENCY RADIATION"
and before the definition of"REAR LINE OF A LOT"in§135-8:
RATED NAMEPLATE CAPACITY:The maximum rated output of electric power production
of the Photovoltaic system in Direct Current(DC).
3. Add a new row 14.20 in Table 1 (Permitted Uses and Development Standards), Part B
Commercial Uses as follows:
CN CRS CS CB CLO CRO CM
14.20 1 Large-Scale Ground-Mounted N N N N N N R
Solar Photovoltaic Installation
8:43 p.m. Jeanne Krieger,pr.3,summarized proposed amendment to Zoning Bylaw.
8:44 p.m. Norman Cohen reported unanimous support of the Board of Selectmen.
8:44 p.m. Richard Canale,pr.9,reported the unanimous support of the Planning Board and
referenced previously filed report.
8:46 p.m. Steven Kropper,pr.2,reported unanimous support of Energy Conservation
Committee.
8:47 p.m. Richard Canale responded to ground-mount definition question.
8:48 p.m. Following a voice vote,Motion declared Unanimously Adopted.
8:48 p.m. The Moderator declared a recess for a Historical Commission presentation.
9:05 p.m. The Moderator declared the meeting back to order.
Selectman Norman Cohen moved to take up Article 28. Motion Adopted.
9:05 p.m. Presented by Ephraim Weiss,pr.5.
ARTICLE 28: AMEND BYLAW—TOWN MEETING PROCEDURE(CITIZEN ARTICLE
MOTION: To amend§ 118-14 of the Code of Lexington by deleting part A and replacing it
with the following:
A.No vote shall be reconsidered except upon a motion to that effect or upon a
notice of such motion,providing such motion is made or such notice is given at
the same session of the meeting and within 30 minutes after the result of such
vote has been declared,or upon a motion to that effect providing notice of such
motion is given at least 40 hours in advance and two thirds of those present
approve the motion to reconsider;and any member may make a motion to
reconsider or give notice thereof.
9:16 p.m. Norman Cohen reported unanimous opposition of the Board of Selectmen.
9:18 P.M. David Kanter,pr.7,reported support of Capital Expenditures Committee.
9:21 p.m. Joseph Pato,pr.2,reported unanimous opposition of Appropriation Committee to
updated motion.
9:24 p.m. Members questioned reasons for proposed bylaw change and confusion about
proposal. Peter Enrich,pr.4,questioned meaning based upon current grammar.
After conversation,a friendly amendment was proposed to clarify grammatical structure:
AMENDMENT: change`after the result of such vote has been declared,or upon a
motion to that effect providing notice of such'to`after the result of such vote has been declared;
or upon a motion to that effect,providing notice of such'
9:36 p.m. Amendment Declared Unanimously Adopted.
9:38 p.m. Alan Levine,pr.8,Chairman of Appropriation Committee,spoke in opposition.
9:40 p.m. Motion Declared Not Adopted.
9:41 p.m. Joel Adler,pr.1,served notice of reconsideration of Article 28.
9:42 p.m. Selectman Norman Cohen moved Article 30 be taken up. Motion Adopted.
March 31, 2010 Adjourned Session of the 2010 Annual Town Meeting,coat_..
9:43 p.m. Presented by Patricia Costello,pr.7.
ARTICLE 30: ESTABLISH QUALIFICATIONS FOR TAX DEFERRALS
MOTION: That the maximum qualifying gross receipts amount for property tax deferrals
under Clause 41A of Section 5 of Chapter 59 of the Massachusetts General Laws
and Chapter 190 of the Acts of 2008 be raised to$51,000.
9:43 p.m. Patricia Costello explained requested action.
9:46 p.m. Norman Cohen reported unanimous support of the Board of Selectmen.
9:46 p.m. John Bartenstein,pr.1,reported unanimous support of the Appropriation
Committee.
9:46 p.m. Members spoke in support and opposition,questioned procedures required for
income documentation,established income limits and gross receipts,to which Ms. Costello and
John Bartenstein,pr.l,responded. 9:55 p.m.Motion Adopted.
9:56 p.m. Selectman Norman Cohen moved Articles 31 and 33 be taken up. Adopted.
9:46 p.m. Presented by Selectman Norman Cohen.
ARTICLE 31: SUPPORT AND PETITION FOR MUNICIPAL UTILITY ACT
MOTION: That the Town supports the passage by the General Court of legislation(currently
H3087 and 51527)enabling municipalities to establish municipal lighting plants,
and that the Board of Selectmen be and they thereby are authorized to petition the
General Court for an Act to accomplish the same result for Lexington alone.
9:56 p.m. Norman Cohen reviewed previous support and this article as a reaffirmation of
votes for the current session of the Massachusetts legislature.
9:57 p.m. Eric Michelson,pr.1,reported unanimous support of Appropriation Committee.
9:57 p.m. David Kanter,pr.7,reported unanimous support of Capital Expenditures
Committee. 9:58 p.m. Motion Unanimously Adopted.
9:58 p.m. Presented by Charles Hornig,pr.8.
ARTICLE 33: PETITION GENERAL COURT FOR DUNBACK MEADOW EASEMENT
MOTION:That this article be indefinitely postponed.
9:58 p.m. Charles Hornig reported the petitioner is not pursuing connecting to the sewer.
Motion Unanimously Adopted.
9:59 p.m. Selectman Norman Cohen moved to take up Article 34. Motion Adopted.
10:00 P.M. Presented by Selectman Norman Cohen.
ARTICLE 34: RESOLUTION ON TMO-1 DISTRICT PLAN
MOTION: That this article be indefinitely postponed. Motion Adopted.
10:05 p.m. Selectman Norman Cohen moved the meeting be adjourned until 7:45 p.m.,
Monday,April 5,2001,Cary Hall,Cary Memorial Building.
Motion Adopted.
A true copy.
Attest:
Donna M.Hooper,Town Clerk
April 5,2010 Adjourned Session of the 2010 Annual Town Meeting
The fourth session of the 2010 Annual Town Meeting was called to order by Moderator Deborah
J.Brown at 7:45 p.m.,Monday,April 5,2010,Cary Memorial Hall;a quorum of 168 present.
7:47 p.m. The Moderator called a recess.
Presentations were made by Representative Jay Kaufman and Lexington High
School Dean William Cole to graduating Lexington High School seniors.
8:04 p.m. Assistant Superintendent of Schools Robert Harris presided over presentation of
the Sharyn Wang Chang/Sara Harrington Diversity Award to Lexington High
School Dean William Cole.
ARTICLE 2: ELECTION OF DEPUTY MODERATOR AND
REPORTS OF TOWN BOARDS,OFFICERS,COMMITTEES
8:14 p.m. Back in session, Selectman Norman Cohen moved the Report of the Town
Manager be received and placed on file. Unanimously Adopted
April 5,2010 Adjourned Session of the 2010 Annual Town Meeting,coat_..
8:14 p.m. Town Manager Carl Valente reported.
8:40 p.m. Alan Levine,pr.8,moved the Report of the Appropriation Committee be received
&placed on file. Unanimously Adopted. Alan Levine reported.
8:52 p.m. Norman Cohen moved the report of the Superintendent of Minuteman Regional
Vocational High School be received.
8:52 p.m. Superintendent Dr.Edward Bouquillion reported.
9:03 p.m. Selectman Norman Cohen moved to take up Article 4,line item 1200.
Unanimously Adopted.
9:03 p.m. Presented by Selectman Norman Cohen.
ARTICLE 4: APPROPRIATE FOR FY2011 OPERATING BUDGET
1200 Regional Schools $1,538,811
9:06 p.m. Eric Michelson reported the unanimous support of Appropriation Committee.
9:12 p.m. Norman Cohen reported unanimous support of the Board of Selectmen.
9:13 p.m. Dr.Bouquillion responded to questions and comments from members regarding
reductions made and impact on curriculum,enrollment decreases and trends,cost of out of
district students,elimination of non-member status,special education increases,staffing,and
controlling health care costs.
9:38 p.m. Article 4,line item 1200 Unanimously Adopted.
9:39 p.m. Selectman Norman Cohen moved Article 17 be taken up. Motion Adopted.
9:38 p.m. Presented by David Horton,pr. 8.
ARTICLE 17: APPROVE MINUTEMAN REGIONAL VOCATIONAL TECHNICAL
SCHOOL DISTRICT BORROWING
MOTION: That the Town hereby approves the borrowing of $725,000, authorized by the
Minuteman Regional Vocational Technical School District for the purpose of
paying costs of a Feasibility Study to consider options for making improvements
to the District's High School Building located at 758 Marrett Road, Lexington,
MA, which options shall include but not be limited to renovating,reconstructing,
expanding, remodeling and adding to the District High School, or any
combination of the foregoing, said sum to be expended at the direction of the
School Building Committee,for which Feasibility Study the Minuteman Regional
Vocational Technical School District may be eligible for a grant from the
Massachusetts School Building Authority ("MSBA"); that 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 costs the
Minuteman Regional Vocational Technical School District incurs in
connection with the feasibility study in excess of any grant approved by and
received from the MSBA shall be the sole responsibility of the Minuteman
Regional Vocational Technical School District, and that the amount of borrowing
authorized pursuant to the vote of the District shall be reduced by any grant
amount set forth in the Feasibility Study Agreement that may be executed between
the Minuteman Regional Vocational Technical School District and the MSBA.
9:39 p.m. Superintendent Dr.Edward Bouquillion explained requested action,spoke on
feasibility study and review of regional district agreement.
9:53 p.m. Eric Michelson,pr.1,reported unanimous support of Appropriation Committee
9:54 p.m. David Kanter,pr.7,reported unanimous support of Capital Expenditures
Committee.
9:55 p.m. Deborah Manger reported unanimous support of Board of Selectmen.
9:56 p.m. Mary Jo Bohart,Executive Director,Chamber of Commerce,reported support.
9:58 p.m. Dr.Bouquillion responded to questions from members and residents on the
impact of approval on changes in the regional school district agreement,
nonmember towns,and bonding capability.
10:05 p.m. Eric Michelson,pr.1,served notice of reconsideration of Article 4,line 1200.
10:06 p.m. Dr.Bouquillion responded to questions regarding Lexington's share of the
Minuteman Regional budget,needs for the project,and anticipated ultimate
project costs. 10:15 p.m. Motion Unanimously Adopted.
April 5,2010 Adjourned Session of the 2010 Annual Town Meeting,coat_..
10:15 p.m. Alan Levine,pr.8,served notice of reconsideration of Article 17.
10:16 p.m. Selectman Norman Cohen moved the meeting be adjourned until 7:45 p.m.,
Wednesday,April 7,2010,Cary Hall. Unanimously Adopted.
A true copy.
Attest:
Donna M.Hooper,Town Clerk
April 7,2010 Adjourned Session of the 2010 Annual Town Meeting
The fifth session of the 2010 Annual Town Meeting was called to order by Moderator Deborah J.
Brown at 7:45 p.m.,Wednesday,April 7,2010,Cary Memorial Hall;a quorum of 165 present.
ARTICLE 2: ELECTION OF DEPUTY MODERATOR AND
REPORTS OF TOWN BOARDS,OFFICERS,COMMITTEES
7:49 p.m. Charles Lamb moved the report of the Capital Expenditures Committee be
received&placed on file. Unanimously Adopted. Mr.Lamb reported.
7:56 p.m. Betsey Weiss moved the report of the Community Preservation Committee be
received and placed on file. Unanimously Adopted. Ms.Weiss reported.
8:05 p.m. Kenneth Kreutziger moved the report of the Lexington Housing Partnership
Board be received&placed on File. Unanimously Adopted. Chairman Robert Bicknell was
recognized&reported for the Board.
8:10 P.M. William Kennedy moved the report of the Lexington Housing Assistance Board
(LexHAB)be received and placed on file. Unanimously Adopted. Mr.Kennedy reported.
8:14 p.m. Selectman Norman Cohen moved Article 8 be taken up. Unanimously Adopted.
8:15 p.m. Presented by Betsey Weiss,pr.2,Community Preservation Committee.
ARTICLE 8: APPROPRIATE THE FY 2011 COMMUNITY PRESERVATION COMMITTEE
OPERATING BUDGET AND CPA PROJECTS
MOTION: That the Town hear and act on the report of the Community Preservation
Committee on the FY2011 Community Preservation budget and,pursuant to the
recommendations of the Community Preservation Committee,take the following
actions:
That the Town reserve for appropriation the following amounts from estimated FY2011 receipts
as recommended by the Community Preservation Committee
1. $414,470 for the acquisition, creation and preservation of open space excluding land
for recreational use;
2. $2,529,839 for the acquisition,preservation, rehabilitation and restoration of historic
resources;
3. $1,083,840 for the creation,preservation and support of community housing;and
4. $116,551 to the Unbudgeted Reserve. [see amendment]
And further,that the Town make appropriations from the Community Preservation Fund
and other sources as follows:
a) That$160,000 be appropriated from the Open Space Reserve of the Community
Preservation Fund,and$160,000 be appropriated from the Undesignated Fund
Balance of the Community Preservation Fund for the Minuteman Bikeway
preservation.
b) That$190,047 be appropriated from the Undesignated Fund Balance of the
Community Preservation Fund for the Old Reservoir/Marrett Road Stormwater
Mitigation and Preservation project.
C) That$875,173 be appropriated from the Undesignated Fund Balance of the
Community Preservation Fund for the implementation phase of the Center Playfields
Preservation Drainage project.
d) That$386,129 be appropriated from the Community Housing Reserve of the
Community Preservation Fund for the Greeley Village Siding Replacement.
e) That$10,000 be appropriated from the Community Housing Reserve of the
Community Preservation Fund for a design study for the Vynebrook Village Drainage
project.
I) That$695,000 be appropriated from the Community Housing Reserve of the
Community Preservation Fund for the purchase of two affordable housing units.
April 7, 2010 Adjourned Session of the 2010 Annual Town Meeting,coat_..
g) That$150,000 be appropriated from the Historic Resources Reserve of the
Community Preservation Fund for archive records management and conservation.
h) That$100,000 be appropriated from the Historic Resources Reserve of the
Community Preservation Fund for the Cary Library Archives Preservation project.
i) That$60,000 be appropriated from the Historic Resources Reserve of the
Community Preservation Fund for the design phase of the Cary Memorial Building
Venue Improvements.
j) That$25,000 be appropriated from the Historic Resources Reserve of the
Community Preservation Fund for signage at the Cary Memorial Building.
k) That$234,534 be appropriated for remodeling,reconstructing and making
extraordinary repairs to town-owned historic and other buildings,and that to meet this
appropriation$73,000 be appropriated from the Historic Resources Reserve of the
Community Preservation Fund and that$161,534 be raised in the tax levy.
l) That$1,825,000 be appropriated for remodeling, reconstructing and making
extraordinary repairs to the Town Office Building, and that to meet this
appropriation$1,500,000 be appropriated from the Historic Resources Reserve of the
Community Preservation Fund and the Treasurer, with the approval of the Board of
,Selectmen, is authorized to borrow$325,000 under M.G.L. Chapter 44,Section 7 or
any other enabling authority.
m) That$35,000 be appropriated from the Historic Resources Reserve of the
Community Preservation Fund for the HVAC Controls Upgrade project for the Cary
Memorial Building/Town Office Building.
n) That$31,700 be appropriated from the Historic Resources Reserve of the
Community Preservation Fund for the Police Station Ventilation System.
o) That$45,100 be appropriated from the Historic Resources Reserve of the
Community Preservation Fund for the design phase of the Muzzey Senior Center
Improvement project.
P) That$18,000 be appropriated from the Historic Resources Reserve of the
Community Preservation Fund for a White House Historic Structures Report.
q) That$202,933 be appropriated from the Historic Resources Reserve of the
Community Preservation Fund for the Stone Building Exterior Stabilization and
Preservation project.
r) That$400,000 be appropriated from the Historic Resources Reserve of the
Community Preservation Fund for Munroe Tavern Capital Improvements.
S) That$5,300 be appropriated from the Historic Resources Reserve of the
Community Preservation Fund for supplemental funds for the Comprehensive
Cultural Resources Survey.
t) That$25,000 be appropriated from the Historic Resources Reserve of the
Community Preservation Fund for a Battle Green Master Plan.
U) That$2,562,100 be appropriated from the Undesignated Fund Balance of the
Community Preservation Fund for the Busa Farm debt service.
V) That$150,000 be appropriated from Unbudgeted Reserves of the Community
Preservation Fund to meet the administrative expenses and all other necessary proper
expenses of the Community Preservation Committee for FY 2011.
8:15 p.m. Betsey Weiss reviewed Parts 1-4.
8:17 p.m. Alan Levine,pr.8,reported the support of the Appropriation Committee for
sections 1-4 and that the Appropriation Committee supports all sections,unanimously on many.
8:18 P.M. David Kanter,pr.7,reported the Capital Expenditures Committee unanimously
supports sections 1-4.
8:18 P.M. Norman Cohen reported the unanimous support of the Board of Selectmen for
sections 1-4,and that the Selectmen were unanimously in support of all other sections except`c',
11> 'q> Y
8:19 P.M. Wendy Manz,pr.9,reported the Planning Board was unanimously in support of
sections`a', `f, `s', `t'for which a position was taken.
8:20 p.m. Paul Lapointe,pr.2,questioned the status of the financial policies of the
Community Preservation Committee and the framework on how the Committee will act on these
22 items. Assistant Town Manager for Finance Robert Addelson explained the financial policies
in regards to borrowing. Paul Lapointe commented on potentially large projects for the
upcoming year.
8:20 p.m. Patrick Mehr,pr.3,questioned the format of the motion and dollar amounts in
sections 1-4 and totals from sections a-v. Robert Addelson confirmed sections 1-4 are to total
the estimated revenue for fiscal year 2011. Mr.Mehr inquired further on the Committee report
and surcharge,to which Counsel Kevin Batt provided an explanation.
April 7, 2010 Adjourned Session of the 2010 Annual Town Meeting,coat_..
8:29 p.m. James Lowry,pr.5,questioned total funding potentially needed if Cotton Farm
request is favorably voted. Betsey Weiss explained potential for bonding.
8:32 p.m. Joyce Miller,pr.,questioned requested amount in part 1.
8:35 p.m. The Moderator called for a recess at the request of Alan Levine,Chairman,
Appropriation Committee.
9:44 p.m. The Moderator called the meeting to order and Assistant Town Manager for
Finance Robert Addelson explained appropriation procedures for Community Preservation
Committee fund designations. Questions from Joyce Miller,pr.7,were further explained by
Appropriation Committee Chairman Alan Levine.
8:55 p.m. Counsel Kevin Batt responded to questions from Sam Silverman,pr.5,on
oversight on categorizing projects. CPC Chairman Betsey Weiss explained further.
9:00 P.M. Alan Levine,Appropriation Committee Chairman,and Counsel Kevin Batt
responded to questions on funding allocations within the 4 categories.
9:05 p.m. The Moderator called for a recess.
9:16 p.m. The Moderator called the meeting to order and Dawn McKenna,pr.6 moved to
amend line 2 to remove the exact amount of the Town Office Building and move that amount to
the unbudgeted reserve(line L). Mrs.McKenna's amendment:
AMENDMENT: The Motion on the floor be amended to reduce 02($2,529,839)to
$1,029,839 for historic resources and increase 04($116,551)TO$1,616,551
(Unbudgeted Reserve).
9:21 p.m. David Kanter,pr.7,reported unanimous support of the Capital Expenditures
Committee for the amendment.
9:21 p.m. Alan Levine,pr.8,reported unanimous support of the Appropriation Committee.
9:22 p.m. Norman Cohen reported the opposition of the amendment by a majority of the
Board of Selectmen.
9:22 p.m. Betsey Weiss,pr.2,reported the opposition of the amendment by a majority of the
Community Preservation Committee.
9:23 p.m. David Kaufman,pr.6,questioned allocations and potential funding of the Cotton
Farm via debt. David Kanter summarized available funding.
9:25 p.m. Members spoke in favor and opposition of the amendment.
9:32 p.m. Charles Lamb,Capital Expenditures Committee,stated he is committed to serve
Notice of Reconsideration.
9:33 p.m. Following a voice vote on the Amendment,Amendment declared Not Adopted.
9:34 p.m. Following a voice vote on Article 8,sections 1,2,3,&4,
the Moderator declared the motions adopted.
9:34 p.m. Charles Lamb served Notice of Reconsideration on Article 8,sections 1,2,3,4.
9:35 p.m. Presentations and Comments were made on parts[a-v[were made,as follows:
9:35 p.m. Part`a'—Presented by Sandra Shaw,pr.4.
David Kanter reported unanimous support of the Capital Expenditures Committee.
Sandra Shaw responded to questions from members on path safety at crossroads.
David Pinsonneault,Department of Public Works,explained further.
9:39 p.m. Part`a'Unanimously Adopted.
9:39 p.m. Part`b'—Presented by Sandra Shaw,pr.4.
David Kanter reported unanimous support of the Capital Expenditures Committee.
9:42 p.m. Part`b'Unanimously Adopted.
9:43 p.m. Part`c'—Presented by Sandra Shaw,pr.4
David Kanter reported unanimous support of the Capital Expenditures Committee.
Norman Cohen reported unanimous support of the Board of Selectmen.
9:45 p.m. Sandra Shaw,David Pinsonneault,Town Engineer John Livsey, and Recreation
Director Karen Simmons responded to questions on field drainage costs and use of fields for July
4''carnival purposes.
9:51 p.m. Part`c'Unanimously Adopted.
9:51 p.m. Part`d'—Presented by Leo McSweeney,pr.9.
Mr.McSweeney reported the recent retirement of Housing Authority Executive
Director Ann Whitney and that Mr. Stephen Keane has assumed the position of Executive
Director. David Kanter reported unanimous support of the Capital Expenditures Committee.
9:54 p.m. Part`d'Unanimously Adopted.
9:55 p.m. Part`e'—Presented by Leo McSweeney,pr.9.
David Kanter reported unanimous support of the Capital Expenditures Committee.
Leo McSweeney responded to questions on standing water and state maintenance of the
Housing Authority buildings. Executive Director Stephen Keane responded further.
9:58 p.m. Part`e'Unanimously Adopted.
9:58 p.m. Charles Lamb,pr.4,served notice of reconsideration on Article 8,section
a,b,c,d,e.
April 7, 2010 Adjourned Session of the 2010 Annual Town Meeting,coat_..
9:59 p.m. Part`f—Presented by William Kennedy,pr.9.
David Kanter reported unanimous support of the Capital Expenditures Committee.
William Kennedy responded to questions on properties currently owned by LexHAB.
Counsel Kevin Batt explained LexHAB holds the title and the town will acquire housing
restrictions on the property,with appraisals performed at the time of purchase.
10:09 P.M. William Kennedy responded to questions on ability of LexHAB to cover costs
should the motion be defeated. Members spoke in support and opposition.
10:11 P.M. Charles Lamb,pr.4,spoke in support and of need to reserve funds for 40B
purchases.
10:11 P.M. Part`f Adopted.
10:12 p.m. Part`g'–Presented by Wendy Manz,pr.9. Ms.Manz reported unanimous
support of the Community Preservation Committee.
David Kanter reported full support of the Capital Expenditures Committee.
10:13 p.m. Part`g'Unanimously Adopted.
10:14 p.m. Part`h'–Presented by Wendy Manz,pr.9. Ms.Manz reported the support(8-1)
of the Community Preservation Committee.
David Kanter reported unanimous support of the Capital Expenditures Committee.
Library Director Connie Rawson responded to question on the Library's intent to pursue
preservation of fragile records,digitize and making accessible via the internet,including
preservation of the Worthen Collection and digitization of materials.
10:18 P.M. Part`h'Unanimously Adopted.
10:18 P.M. Part`i`–Presented by Wendy Manz,pr.9. Ms.Manz reported support of the
Community Preservation Committee(7-2). David Kanter reported the unanimous support of the
Capital Expenditures Committee. Members spoke in support;Facilities Director Patrick
Goddard responded to questions on scope of work.
10:23 p.m. Part`i'Unanimously Adopted.
10:24 p.m. Part`j'–Presented by Jeanne Krieger,pr.3. Ms.Krieger reported the support of a
majority of the Community Preservation Committee.
David Kanter reported unanimous support of the Capital Expenditures Committee.
10:24 p.m. Part`j'Adopted.
10:24 p.m. Charles Lamb,pr.4,served notice of reconsideration on Article 8-f,g,h,i,j.
10:25 p.m. Selectman Norman Cohen moved the meeting be adjourned to 7:45 p.m.,
Monday,April 12,2010,Cary Hall. Adopted.
A true copy.
Attest:
Donna M.Hooper,Town Clerk
April 12,2010 Adjourned Session of the 2010 Annual Town Meeting
The sixth session of the 2010 Annual Town Meeting was called to order by Moderator Deborah
J.Brown at 7:45 p.m.,Monday,April 12,2010,Cary Memorial Hall;a quorum of 166 present.
ARTICLE 2: ELECTION OF DEPUTY MODERATOR AND
REPORTS OF TOWN BOARDS,OFFICERS,COMMITTEES
7:50 p.m. School Committee Chairman Margaret Coppe,pr.9,moved the report of the
Superintendent of Schools be received and placed on file. Unanimously Adopted.
Superintendent Paul Ash reported.
8:15 p.m. Selectman Norman Cohen moved the revisions to the report of the Town Manager
be received. Unanimously Adopted. Town Manager Carl Valente presented revisions to the
budget book previously issued–section IV-6,clarifying proper accounting for number of
employees.
8:17 p.m. Dawn McKenna,pr.6,moved the report of the Tourism Committee be received and
placed on file. Unanimously Adopted. Committee member Carla Fortmann reported.
8:27 p.m. Selectman Norman Cohen moved Article 4 be taken up. Unanimously Adopted.
April 12, 2010 Adjourned Session of the 2010 Annual Town Meeting,coat_..
8:27 p.m. Presented by Selectman Norman Cohen.
ARTICLE 4: APPROPRIATE FY 2011 OPERATING BUDGET
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.
FY 2011 Budget
Program 1000: Education
1100 Lexington Public Schools
Personal Services $57,548,883
Expenses $11,198,543
Total Line Item 1100, Lexington Public Schools $68,747,426
1200 Regional Schools $1,538,811
Program 2000:Shared Expenses
2110 Contributory Retirement $3,718,549
2120 Non-Contributory Retirement $42,000
2130 Employee Insurance $25,714,261
2140 Unemployment $198,600
2150 Workers Compensation'(M.G.L.Ch.40,Sec. 13 A&13C) $480,302
2160 Property&Liability Insurance $585,800
2170 Uninsured Losses' (M.G.L.Ch.40,Sec. 13) $117,796
2200 Debt Service
2210 Payment on Funded Debt $3,797,740
2220 Interest on Funded Debt $726,605
2230 Temporary Borrowing $144,829
2300 Reserve Fund
2300 Reserve Fund $550,000
2400 Public Facilities
2400 Facilities $8,732,574
Program 3000: Public Works
3100-3500 DPW Personal Services $3,300,824
3100-3500 DPW Expenses $5,084,029
Program 4000: Public Safety
4100 Law Enforcement Personal Services $5,003,667
4100 Law Enforcement Expenses $493,917
4200 Fire Personal Services $4,622,535
4200 Fire Expenses $493,936
Program 5000: Culture&Recreation
5100 Library Personal Services $1,723,497
5100 Library Expenses $246,200
Program 6000: Human Services
6000 Human Services Personal Services $321,001
6000 Human Services Expenses $110,575
Program 7000:Community Development
7100 Community Development Personal Services $919,372
7100 Community Development Expenses $123,272
7200 Planning Personal Services $235,320
7200 Planning Expenses $79,850
7300 Economic Development Personal Services $89,087
7300 Economic Development Expenses $21,750
Program 8000: General Government
8110 Selectmen Personal Services $81,359
8110 Selectmen Expenses $87,975
8120 Legal $400,000
8130 Town Report $7,000
8210-8220 Town Manager Personal Services $545,215
8210-8220 Town Manager Expenses $217,010
8230 Salary Transfer Account' $541,025
and further that Line 8230 is to be transferred by the Board of Selectmen for contractual
settlements within departments upon recommendation of the Town Manager
8310 Financial Committees $7,500
8320 Misc. Boards and Committees $4,500
April 12, 2010 Adjourned Session of the 2010 Annual Town Meeting,coat_..
8330 Public Celebrations Committee $32,000
8400 Finance Personal Services $1,086,867
8400 Finance Expenses $391,504
8500 Town Clerk Personal Services $302,532
8500 Town Clerk Expenses $107,300
8600 MIS Personal Services $212,948
8600 MIS Expenses $374,450
and that the Town transfer the following sums to meet,in part,appropriations made at this Town
Meeting:
$4,587 from the School Bus Transportation Stabilization Fund for line-item 1100;
$335,000 from the Parking Meter Fund for line-items 3100-3500 and 4100;
$120,000 from the Cemetery Trust Fund for line item 3100-3500;
$78,000 from Transportation Demand Management/Public Transportation Stabilization
Fund for Appropriations for line-items 3100-3500;
$5,000 from Transportation Demand Management/Public Transportation Stabilization
Fund for Appropriations for line-item 3100-3500;
$3,860,110 from Unreserved Fund Balance/Free Cash;
$743,400 from the Water Enterprise Fund;
$668,990 from the Sewer Enterprise Fund;and
$203,583 from the Recreation Enterprise Fund.
$117,796 from Insurance Proceeds greater than$20,000 for line-item 2170
Items marked with an()are Continuing Balance Accounts.
8:30 p.m. Line Item 1100
Margaret Coppe reported unanimous support of the School Committee.
Mollie Garberg reported unanimous support of the Appropriation Committee.
Superintendent Paul Ash responded to questions regarding employee benefits and available data
for comparisons. Committee Chairman Margaret Coppe and member Rod Cole further
explained impact of current negotiations on availability of data.
Dr.Ash responded further to questions regarding expenses,METCO administrative changes,
special education,and private school transportation services. Discussion ensued.
8:55 p.m. Line 2130-Town Manager Carl Valente responded to questions on the number of
subscribers. Joseph Pato reported comfort of Appropriation Committee with current numbers.
8:58 p.m. Patrick Mehr,pr.3,moved to amend line item 2130.
AMENDMENT: That in the main motion dated 3/31/10,the amounts be changed in lines:
2130 Employee Insurance from
$25,714,261 to$22,875,000(difference-$605,000)
2120 Non-contributory Retirement from
$42,000 to$647,000(difference+$605,000)
Joseph Pato reported the Appropriation Committee is comfortable with projected rates and the
current request remains prudent;the Committee unanimously opposes the Amendment.
9:06 p.m. Ephraim Weiss,pr.5,moved to amend line item 2130.
9:08 P.M. Norman Cohen reported the unanimous opposition to the Mehr amendment.
9:09 P.M. Ephraim Weiss,pr.5 moved to amend line item 2130.
AMENDMENT: Resolved: Whereas employee health benefits are a significant part of
the Lexington budget,and are increasing at an alarming rate,which if continued may lead
to drastic cuts in Town services;And whereas drastic cuts in Town services are likely to
result in layoffs of employees and/or reduction in total benefits of individual employees;
Therefore the Town Meeting urges the Appropriation Committee to analyze employee
health benefits on an ongoing basis in order to determine trends as well as possible
alternative ways of controlling costs without serious detrimental effects on total
compensation of individual employees and with full respect of individual privacy; And
the Town Meeting urges the Appropriation Committee to report in a timely manner as
part of its recommendations to Town Meeting about appropriations for line 2130 of the
Town's operating budget.
9:11 P.M. Alan Levine reported the Appropriation Committee(7-1 abstain)recommends
approval of the Weiss amendment.
9:13 p.m. Norman Cohen reported support of a majority of the Board of Selectmen for the
Weiss amendment. 9:14 p.m.Jane Pagett,pr.6,spoke in support of the Mehr amendment.
9:16 p.m. David Kanter,pr.7,spoke in opposition to the Mehr amendment.
9:18 P.M. David Kaufman,pr.6,moved the previous question on the Weiss amendment.
Mr.Kaufman then withdrew his motion.
9:19 P.M. Thomas Griffiths,pr.7,spoke in opposition.
April 12, 2010 Adjourned Session of the 2010 Annual Town Meeting,coat_..
9:19 P.M. Robert Rotberg,pr.3,questioned having 2 amendments simultaneously. The
Moderator explained parliamentary procedure for simultaneous discussion.
9:21 p.m. Town Manager Carl Valente responded to questions from Iang Jeon,pr.1,on the
number of health insurance subscribers,projected growth drivers and forecasting.
9:29 p.m. Gerald Paul,pr.4,called the question. Motion Adopted.
9:30 p.m. Patrick Mehr,pr.3,summarized the Mehr amendment.
9:31 p.m. Mehr amendment Not Adopted.
9:32 p.m. Ephraim Weiss,pr.5,summarized the Weiss amendment.
9:32 p.m. Weiss amendment Adopted.
9:39 p.m. Alan Levine reported unanimous support of the Appropriation Committee for
Article 4. Norman Cohen reported unanimous support of the Board of Selectman for Article 4.
9:40 p.m. Article 4,line items Unanimously Adopted.
9:40 p.m. Article 4,funding sources,requiring a two-thirds vote,Unanimously Adopted.
9:43 p.m. Alan Levine,pr.8,served notice of reconsideration on Article 4 line items and
Article 4 funding sources.
9:44 p.m. Paul O'Shaughnessy reported for the Tourism Committee on the impending visit
of representatives from Lexington's Sister City-Antony,France during the upcoming days and
over the Patriots'Day celebrations.
9:47 p.m. Presented by Selectman Norman Cohen.
ARTICLE 5: APPROPRIATE FY2011 ENTERPRISE FUND BUDGETS
MOTION: a) That the Town appropriate the following sums of money to operate the Water Division
of the Department of Public Works during fiscal year 2011;under the provisions of M.G.L.
Chapter 44,Section 53F'/z:
Salaries $ 645,488
Expenses 385,620
Debt Service(non-exempt) 1,193,333
MWRA Assessment 4,745,093
Total $6,969,534
Said sum to be funded from water receipts and$450,000 from retained earnings.
b) That the Town appropriate the following sums of money to operate the Wastewater
(Sewer)Division of the Department of Public Works during fiscal year 2011;under the
provisions of M.G.L.Chapter 44,Section 53F''/z:
Salaries $ 276,152
Expenses 330,600
Debt Service(non-exempt) 651,446
MWRA Assessment 6,404,432
Total $7,662,630
Said sum to be funded from wastewater receipts and$400,000 from retained earnings.
c) That the Town appropriate the following sums of money to operate the Recreation
Department during fiscal year 2011 under the provisions of M.G.L.Chapter 44,Section
53F''/z:
Salaries $ 631,992
Expenses 950,896
Debt Service(non-exempt) 137,200
Total $1,720,088
Said sum to be funded from recreation receipts and$375,000 from retained earnings.
9:48 p.m. Norman Cohen reported unanimous support of the Board of Selectmen.
John Bartenstein reported unanimous support of the Appropriation Committee.
Town Manager Carl Valente responded to question on retained earnings and indirect cost
expenses and cost allocations. Public Works Director William Hadley responded to questions
regarding inflow and infiltration within the sewer system,impact of surcharge on system during
recent storms. 10:04 p.m. Unanimously Adopted.
10:05 p.m. Presented by Selectman Peter Kelley.
ARTICLE 7: CONTINUE AND APPROVE DEPARTMENTAL REVOLVING FUNDS
MOTION: That the Town authorize the following revolving funds for certain Town
departments pursuant to the provisions of M.G.L. Chapter 44, Section 53E'Y2 for
the fiscal year beginning July 1,2010, as follows:
Revolving Fund Authorized Departmental Use of Fund FY2011
Representative or Receipts Authorization
Board to Spend
Public Facilities Director of Public Building rental fees Personnel and $275,000
Building Rental Facilities Expenses
Related to the
Rental of
Facilities
A ril 12, 2010 Adjourned Session o the 2010 Annual Town Meeting,con...
DPW Burial Public Works Director Sale of Grave Program $35,000
Containers Boxes and Burial Expenses
Vaults
DPW Compost Public Works Director Sale of Compost Personnel, $397,000
Operations and Loam,Yard Benefits, Program
Waste Permits Expenses and
Capital
LexMedia Board of Selectmen License fees from CATV contract, $400,000
Operations and Town Manager cable TV providers equipment and
related expenses
Trees Board of Selectmen Gifts and Fees Program $20,000
Expenses
Minuteman Public Works Director Fees paid by Program $175,000
Household consortium towns Expenses
Hazardous
Waste Program
Health Programs Health Director Medicare Program $10,000
Reimbursements Expenses
Council on Aging Human Services Program fees and Program $100,000
Programs Director gifts Expenses
Tourism/Liberty Town Manager and Liberty Ride Program $174,375
Ride Tourism Committee receipts,including Expenses
ticket sales,
advertising
revenue and
charger sales
School Bus School Committee School bus fees Bus $830,000
Transportation Transportation
Expenses
10:05 p.m. Peter Kelley reported the unanimous support of the Board of Selectmen.
10:08 P.M. Joseph Pato reported unanimous support of the Appropriation Committee.
10:09 P.M. Public Works Director William Hadley responded to questions from David
Kanter,pr.7,on compost facility reimbursements and surveillance cameras to be installed.
10:09 P.M. David Kanter reported unanimous support of the Capital Expenditures Committee
for the compost operations portion.
10:11 P.M. Norman Cohen,after explaining a typographical error in the motion,moved:
AMENDMENT: To correct the column header in the last column from"FY10"to
"FY11". Amendment Adopted. Amended Motion declared Unanimously Adopted.
10:11 P.M. Alan Levine,pr.7,served notice of reconsiderations of Articles 5 and 7.
10:13 p.m. Selectman Norman Cohen moved the meeting be adjourned to 7:45 p.m.,
Wednesday,April 14,2010,Cary Hall. Unanimously Adopted.
A true copy.
Attest:
Donna M.Hooper,Town Clerk
April 14,2010 Adjourned Session of the 2010 Annual Town Meeting
The seventh session of the 2010 Annual Town Meeting was called to order by Moderator
Deborah J.Brown at 7:45 p.m.,Wednesday,April 14,2010,Cary Memorial Hall;a quorum of
153 present.
David Horton,pr.8,moved to limit the time at the question microphone to 2 minutes. Motion
Adopted.
7:51 p.m. The Moderator called a recess for the Town Meeting Members Association to
recognize Town Meeting Member David Kaufman for his long service to the Town Meeting
Members Association.
8:03 p.m. Selectman Peter Kelley,on a point of personal privilege,reminded members of
the upcoming Patriots'Day Weekend celebrations.
8:06 p.m. In session, Selectman Norman Cohen moved Article 8 be taken up. Unanimously
Adopted.
April 14, 2010 Adjourned Session of the 2010 Annual Town Meeting,coat_..
Continuation ofArticle 8 discussion from the meeting ofApril 7"'.
ARTICLE 8: APPROPRIATE THE FY 2011 COMMUNITY PRESERVATION COMMITTEE
OPERATING BUDGET AND CPA PROJECTS
MOTION: That the Town hear and act on the report of the Community Preservation
Committee on the FY2011 Community Preservation budget and,pursuant to the
recommendations of the Community Preservation Committee,take the following
actions:
That the Town reserve for appropriation the following amounts from estimated FY2011 receipts
as recommended by the Community Preservation Committee
1. $414,470 for the acquisition, creation and preservation of open space excluding land
for recreational use;
2. $2,529,839 for the acquisition,preservation, rehabilitation and restoration of historic
resources;
3. $1,083,840 for the creation,preservation and support of community housing;and
4. $116,551 to the Unbudgeted Reserve.
And further,that the Town make appropriations from the Community Preservation Fund
and other sources as follows:
a) That$160,000 be appropriated from the Open Space Reserve of the Community
Preservation Fund,and$160,000 be appropriated from the Undesignated Fund Balance
of the Community Preservation Fund for the Minuteman Bikeway preservation.
b) That$190,047 be appropriated from the Undesignated Fund Balance of the
Community Preservation Fund for the Old Reservoir/Marrett Road Stormwater
Mitigation and Preservation project.
C) That$875,173 be appropriated from the Undesignated Fund Balance of the
Community Preservation Fund for the implementation phase of the Center Playfields
Preservation Drainage project.
d) That$386,129 be appropriated from the Community Housing Reserve of the
Community Preservation Fund for the Greeley Village Siding Replacement.
e) That$10,000 be appropriated from the Community Housing Reserve of the
Community Preservation Fund for a design study for the Vynebrook Village Drainage
project.
I) That$695,000 be appropriated from the Community Housing Reserve of the
Community Preservation Fund for the purchase of two affordable housing units.
g) That$150,000 be appropriated from the Historic Resources Reserve of the
Community Preservation Fund for archive records management and conservation.
h) That$100,000 be appropriated from the Historic Resources Reserve of the
Community Preservation Fund for the Cary Library Archives Preservation project.
i) That$60,000 be appropriated from the Historic Resources Reserve of the Community
Preservation Fund for the design phase of the Cary Memorial Building Venue
Improvements.
j) That$25,000 be appropriated from the Historic Resources Reserve of the Community
Preservation Fund for signage at the Cary Memorial Building.
k) That$234,534 be appropriated for remodeling,reconstructing and making
extraordinary repairs to town-owned historic and other buildings,and that to meet this
appropriation$73,000 be appropriated from the Historic Resources Reserve of the
Community Preservation Fund and that$161,534 be raised in the tax levy.
l) That$1,825,000 be appropriated for remodeling, reconstructing and making
extraordinary repairs to the Town Office Building, and that to meet this appropriation
$1,500,000 be appropriated from the Historic Resources Reserve of the Community
Preservation Fund and the Treasurer, with the approval of the Board of Selectmen, is
authorized to borrow$325,000 under M.G.L. Chapter 44,Section 7 or any other
enabling authority.
m) That$35,000 be appropriated from the Historic Resources Reserve of the Community
Preservation Fund for the HVAC Controls Upgrade project for the Cary Memorial
Building/Town Office Building.
n) That$31,700 be appropriated from the Historic Resources Reserve of the Community
Preservation Fund for the Police Station Ventilation System.
o) That$45,100 be appropriated from the Historic Resources Reserve of the Community
Preservation Fund for the design phase of the Muzzey Senior Center Improvement
project.
P) That$18,000 be appropriated from the Historic Resources Reserve of the Community
Preservation Fund for a White House Historic Structures Report.
April 14, 2010 Adjourned Session of the 2010 Annual Town Meeting,coat_..
q) That$202,933 be appropriated from the Historic Resources Reserve of the
Community Preservation Fund for the Stone Building Exterior Stabilization and
Preservation project.
r) That$400,000 be appropriated from the Historic Resources Reserve of the
Community Preservation Fund for Munroe Tavern Capital Improvements.
S) That$5,300 be appropriated from the Historic Resources Reserve of the Community
Preservation Fund for supplemental funds for the Comprehensive Cultural Resources
Survey.
t) That$25,000 be appropriated from the Historic Resources Reserve of the Community
Preservation Fund for a Battle Green Master Plan.
U) That$2,562,100 be appropriated from the Undesignated Fund Balance of the
Community Preservation Fund for the Busa Farm debt service.
V) That$150,000 be appropriated from Unbudgeted Reserves of the Community
Preservation Fund to meet the administrative expenses and all other necessary proper
expenses of the Community Preservation Committee for FY 2011.
-----------------
8:06 p.m.—Part`k'—Presented by Jeanne Krieger,pr.3.
David Kanter reported the unanimous support of the Community Preservation Committee.
8:08 P.M. Town Counsel William Lahey responded to questions on appropriation and
possible use on the`white house'Barnes property,opined nothing in the language expressly
limits expenditure but the report identifies intended purposes.
8:09 p.m. Part`k'Unanimously Adopted.
8:10 p.m. Part`1'presented by Selectman Hank Manz. Mr.Manz reported the Board of
Selectmen requests 8'1'be postponed until before Article 24. David Kanter reported the Capital
Expenditures Committee had no objection.Alan Levine reported the Appropriation Committee
had no objection. Motion to Postpone Unanimously Adopted.
8:13 p.m. Part`m'presented by Joel Adler,pr.1. David Kanter reported unanimous support of
the Capital Expenditures Committee. Motion Unanimously Adopted
8:14 p.m. Part`n'presented by Joel Adler. David Kanter reported unanimous support of the
Capital Expenditures Committee. Motion Adopted.
8:16 p.m. Part`o'presented by Leo McSweeney. David Kanter reported unanimous support
of the Capital Expenditures Committee. Paul Lapointe reported enthusiastic support of the
Council on Aging.
8:18 P.M. Part`o'Unanimously Adopted.
8:19 P.M. Part`p'—presented by Marilyn Fenollosa,pr.5. Ms.Fenollosa reported support
of the Historical Commission and Historic Districts Commission. David Kanter reported
unanimous support of the Capital Expenditures Committee.
Alan Levine reported support(6-2)of the Appropriation Committee.
Dawn McKenna reported unanimous support of the Tourism Committee.
8:24 p.m. Norman Cohen responded to questions and comments on plans for future use of
the`white house'and stabilization of the building. Facilities Director Patrick Goddard explained
planned report will include recommendations.
8:26 p.m. Additional comments and questions were presented on condition of the Barnes
property,structural integrity,and likely conclusions from planned study,with members speaking
in support and opposition.
8:32 p.m. Charles Lamb,pr.4,served notice of reconsideration of Article 8,parts k,m,n,o.
8:36 p.m. Members continued to speak in opposition and questioned what would happen if
request not approved.
8:44 p.m. Patricia Costello,pr.7,called the question. Following a voice vote on calling the
question,the motion was declared Adopted,with a 108 voting in the affirmative and 27 in the
negative,tallied as follows:
Vote/Pct 1 1 2 3 4 1 5 1 6 7 1 8 9 AL Total
YES 12 7 7 8 11 16 9 12 10 1 16 108
NO 1 1 4 1 7 1 3 3 4 1 0 1 1 2 1 2 27
8:51 p.m. Following a voice vote on Article 8(p),the motion was declared Adopted,with 89
voting in the affirmative and 56 in the negative,tallied as follows:
Vote/Pct 1 2 3 4 5 6 7 8 9 AL Total
YES 6 5 9 8 9 12 8 10 6 1 16 89
NO 6 8 5 5 8 8 1 4 8 1 3 56
8:55 p.m. Charles Lamb,pr.4,served notice of reconsideration of Article 8(p).
April 14, 2010 Adjourned Session of the 2010 Annual Town Meeting,coat_..
8:55 p.m. Part 8`q'—Presented by Marilyn Fenollosa. Ms.Fenollosa reported unanimous
support of the Community Preservation Committee. David Kanter reported unanimous support
of the Capital Expenditures Committee. Norman Cohen reported support of the Board of
Selectmen,with Selectman Peter Kelley speaking in opposition.
Members questioned the total costs of historic structures reports conducted to date,ramifications
if request is voted down,potential use of the building,and potential exterior work required.
Patrick Goddard,Facilities Director,explained his understanding of collaborative efforts
underway and that the structure would continue to deteriorate.
Town Manager Carl Valente responded to questions on Stone Building's prior year's article.
9:14 p.m.Patrick Goddard,Facilities Director,reported unlikely need for additional stabilization.
9:15 p.m. Part 8`q'—Motion Adopted.
9:16 p.m. Part 8`r'—Presented by Marilyn Fenollosa. Ms.Fenollosa reported support of
the Community Preservation Committee.David Kanter reported unanimous support of the
Capital Expenditures Committee. Dawn McKenna reported unanimous support of the Tourism
Committee. Francine Stieglitz reported the support of the Commission on Disability.
9:21 p.m. Susan Bennett,Executive Director,Lexington Historical Society,responded to
question on air conditioning at the Munroe Tavern.
9:23 p.m. Part 8`r'—Motion Adopted.
9:25 p.m. Part 8`s'—Presented by Marilyn Fenollosa. Ms.Fenollosa reported support of
the Community Preservation Committee. David Kanter reported unanimous support of the
Capital Expenditures Committee.
9:25 p.m. Part 8`s'—Motion Adopted.
9:26 p.m. Part 8`t'—Presented by Marilyn Fenollosa. David Kanter reported unanimous
support of the Capital Expenditures Committee.
9:28 p.m. Dawn McKenna reported support of the Tourism Committee.
9:30 p.m. Peter Enrich,pr.4,questioned the problem being solved and if this request may be
from a turf war and fractured approach.
9:33 p.m. Selectman Norman Cohen and Tourism Chairman Dawn McKenna,pr.6,
responded to Mr.Enrich's questions and of other members questioning the need for Battle Green
Master Plan and end product sought.
9:42 p.m. Charles Lamb,pr.4,served notice of reconsideration of Article 8—q,r,s.
9:42 p.m. Following a voice vote on Article 8(t),the motion was declared Adopted,with 75
voting in the affirmative and 65 in the negative,tallied as follows:
Vote/Pct 1 1 2 3 4 1 5 1 6 7 1 8 9 AL Total
YES 7 7 2 4 8 11 6 5 8 1 17 75
NO 5 1 6 1 10 9 6 7 4 9 1 7 1 2 65
9:46 p.m. Charles Lamb,pr.4,served notice of reconsideration of Article 8`t'.
9:47 p.m. Part 8`u'—Presented by Betsey Weiss. David Kanter reported unanimous
support of the Community Preservation Committee.
9:51 p.m. Part 8`u'—Unanimously Adopted.
9:51 p.m. Part 9`v'—Presented by Betsey Weiss. David Kanter reported unanimous
support of the Capital Expenditures Committee. Assistant Town Manager Robert Addelson and
Town Manager Carl Valente responded to questions on proration of salary and benefits.
10:00 P.M. Charles Lamb responded to questions on total costs for Community Preservation
Committee operation and referred questioners to the report of the Capital Expenditures
Committee. Betsey Weiss summarized report totals,followed by comments from Appropriation
Committee member Eric Michelson.
10:02 p.m. Part`v'—Unanimously Adopted.
10:02 p.m. Charles Lamb,pr.4,served notice of reconsideration of Article 8,parts`u'and`v'.
10:02 p.m. Norman Cohen moved Articles 13 and 14 be taken up. Motion Adopted.
10:03 p.m. Presented by Selectman Hank Manz.
ARTICLE 13: APPROPRIATE FOR WATER DISTRIBUTION IMPROVEMENTS
MOTION: That the following amounts be appropriated for the following water distributions
improvements and that each amount be raised as indicated:
a) the Selectmen are hereby authorized to install new water mains and replace or
clean and line existing water mains and all incidental costs related thereto in
such accepted or unaccepted streets or other land as the Selectmen may
determine,subject to the assessment of betterments or otherwise,and to take
by eminent domain,purchase or otherwise acquire any fee,easement or other
interest in land necessary therefor;to appropriate$900,000 for such
installation and lining and land acquisition;and to meet this appropriation the
April 14, 2010 Adjourned Session of the 2010 Annual Town Meeting,coat_..
Treasurer with the approval of the Board of Selectmen is authorized to borrow
$900,000 under M.G.L.Chapter 44,Section 8 or any other enabling authority;
and that the Treasurer with the approval of the Board of Selectmen is
authorized to borrow all or a portion of such amount from the Massachusetts
Water Resources Authority and in connection therewith to enter into a loan
agreement and/or security agreement;
b) $160,000 be appropriated for rehabilitating standpipes and all incidental costs
related thereto,and that to meet this appropriation the Treasurer,with the
approval of the Board of Selectmen,is authorized to borrow$160,000 under
M.G.L. Chapter 44, Section 8 or any other enabling authority;and
c) that this item be indefinitely postponed.
10:03 p.m. Hank Manz reported unanimous support of the Board of Selectmen.
10:05 p.m. John Bartenstein,pr.1,reported unanimous support of Appropriation Committee.
10:07 p.m. Ted Edson reported unanimous support of Capital Expenditures Committee.
10:07 p.m. The Moderator declared the Motion Unanimously Adopted.
10:07 p.m. Presented by Selectman Hank Manz.
ARTICLE 14: APPROPRIATE FOR SEWER IMPROVEMENTS
MOTION: That$100,000 be appropriated for pump station upgrades and all incidental costs
related thereto, and that to meet this appropriation the Treasurer,with the
approval of the Board of Selectmen, is authorized to borrow$100,000 under
M.G.L. Chapter 44, Section 7 or any other enabling authority.
10:07 p.m. Hank Manz reported unanimous support of the Board of Selectmen.
John Bartenstein reported unanimous support of Appropriation Committee
Ted Edson reported unanimous support of Capital Expenditures Committee.
10:09 P.M. Unanimously Adopted.
10:09 P.M. Charles Lamb served notice of reconsideration of Articles 13 and 14.
10:10 P.M. Selectman Norman Cohen moved Article 19 be taken up. Unanimously Adopted.
10:10 P.M. Presented by Selectman Norman Cohen.
ARTICLE 19: RESCIND PRIOR BORROWING AUTHORIZATIONS
MOTION: That this article be indefinitely postponed
10:10 P.M. John Bartenstein reviewed requested motion. 10:10 p.m. Unanimously Adopted.
10:10 p.m. Presented by Selectman Norman Cohen.
ARTICLE 21: APPROPRIATE TO STABILIZATION FUND
MOTION: That this article be indefinitely postponed.
10:12 p.m. Alan Levine,Appropriation Committee,reported on Indefinite Postponement.
Charles Lamb reported unanimous support of Capital Expenditures Committee.
10:13 p.m. Unanimously Adopted.
10:13 p.m. Selectman Norman Cohen moved Article 23 be taken up. Adopted.
10:13 p.m. Presented by Selectman Norman Cohen.
ARTICLE 23: APPROPRIATE FOR PRIOR YEARS' UNPAID BILLS
MOTION: That this article be indefinitely postponed.
10:13 p.m. Norman Cohen reported no unpaid bills. 10:14 p.m. Unanimously Adopted.
10:14 p.m. Selectman Norman Cohen moved Article 25 be taken up. Adopted.
10:14 p.m. Presented by Selectman Norman Cohen.
ARTICLE 25: APPROPRIATE FOR AUTHORIZED CAPITAL IMPROVEMENTS
MOTION: That this article be indefinitely postponed. Unanimously Adopted
10:15 p.m. Alan Levine,pr.8,served notice of reconsideration of Articles 19,21,23,and 25.
10:15 p.m. Selectman Norman Cohen moved the meeting be adjourned to 7:45 p.m.,
Monday,April 26,2010,Cary Hall. Unanimously Adopted.
A true copy.
Attest:
Donna M.Hooper,Town Clerk
April 26,2010 Adjourned Session of the 2010 Annual Town Meeting,cont_..
April 26,2010 Adjourned Session of the 2010 Annual Town Meeting
The eighth session of the 2010 Annual Town Meeting was called to order by Moderator Deborah
J.Brown at 7:45 p.m.,Monday,April 26,2010,Cary Memorial Hall;a quorum of 176 present.
7:51 p.m. The Moderator called for a moment of silence in memory of Arthur Smith,past
town meeting member and members of the Board of Appeals,who recently passed away.
7:51 p.m. Eric Michelson,pr.1,moved the Supplemental Report of the Appropriation
Committee be received&placed on file. Motion Adopted. Mr.Michelson reported.
8:05 p.m. Selectman Norman Cohen moved the report of DPW Director William Hadley be
received. Motion Adopted. Mr.Hadley and Town Engineer John Livsey reported.
8:16 p.m. Selectman Norman Cohen moved Article 16 be taken up. Unanimously Adopted.
8:16 p.m. Presented by Selectman George Burnell.
ARTICLE 16: APPROPRIATE FOR PUBLIC FACILITIES CAPITAL PROJECTS
MOTION: That the following amounts be appropriated for the following capital improvements to
public facilities and that each amount be raised as indicated:
a) School Building Roofing Program-$147,400 for reconstructing and making
extraordinary repairs, including design and engineering costs related thereto,for
school building roofs,and that to meet this appropriation the Treasurer,with the
approval of the Board of Selectmen,is authorized to borrow$147,400 under M.G.L.
Chapter 44,Section 7 or any other enabling authority.
b) Clarke Middle School Auditorium Safety and Technology Upgrade-$174,000 for
remodeling,reconstructing and making extraordinary repairs to the auditorium,and
that to meet this appropriation the Treasurer,with the approval of the Board of
Selectmen,is authorized to borrow$174,000 under M.G.L.Chapter 44,Section 7 or
any other enabling authority.
c) Bridge and Bowman Schools Renovation Design, Development and Engineering-
$750,000 for the cost of architectural and engineering services for planning the
reconstruction of the Bridge and Bowman Schools,and that to meet this
appropriation the Treasurer,with the approval of the Board of Selectmen,is
authorized to borrow$750,000 under M.G.L.Chapter 44,Section 7,or any other
enabling authority.
d) School Improvement Projects$378,000 for reconstructing and making extraordinary
repairs to school buildings and for removing or relocating modular classrooms and
that to meet this appropriation$378,000 be raised from the general fund unreserved
fund balance.
e) School Building Envelope Program-$125,000 for school building repairs,and that to
meet this appropriation$125,000 be raised from the general fund unreserved fund
balance.
f) Cary Library Energy Management Systems-$50,000 for an energy management
system at Cary Memorial Library,and that to meet this appropriation$50,000 be
raised from the general fund unreserved fund balance.
g) School Grounds Improvement Projects-$175,000 for grounds maintenance of the
parking area at Hastings School and a new playground and modifications to the
existing playground area at the Estabrook School,and that to meet this appropriation
$175,000 be raised from the general fund unreserved fund balance.
h) Municipal Building Envelope Program—That this item be indefinitely postponed(Note:
will be handled under Article 8k).
8:17 p.m. Mr.Burnell commented and explained each part as read by the Moderator.
8:24 p.m. David Kanter reported support of the Capital Expenditures Committee for all
subsections.
Glenn Parker reported unanimous support of the Appropriation Committee.
8:25 p.m. George Burnell responded to questions on a master plan for maintenance.
8:29 p.m. Part(c)-Mary Ann Stewart reported unanimous support of the School
Committee.
8:31 p.m. Dawn McKenna,pr.6,proposed in-lieu of constructing new buildings for the
Bridge and Bowman schools that subsection(c)be voted separately. Margaret
Coppe reported the School Committee seeks to separate out article 16(c)and
Moderator declared the motion would be voted separately.
8:32 p.m. Selectman Peter Kelley spoke in opposition to the motion for subsection(c)and
spoke of the need to replace Bridge and Bowman schools.
8:36 p.m. Alan Levine reported discussions of the Appropriation Committee on capital
projects without building new schools.
Charles Lamb reported support of the Capital Expenditures Committee for
subsection(c).
April 26,2010 Adjourned Session of the 2010 Annual Town Meeting,cont_..
8:39 p.m. Facilities Director Patrick Goddard responded to questions on reconstructing the
Bridge and Bowman schools.
8:52 p.m. Members spoke in favor,questioned heating system needs and energy costs.
Facilities Director Patrick Goddard responded to questions on building issues.
9:03 p.m. Jonathan Himmel,pr.6,Permanent Building Committee,explained improvements
and reported support.
9:09 P.M. Joel Adler,pr.l,moved the question(16-c). Motion Adopted.
9:10 P.M. Article 16(c)—Declared Adopted by more than the required two-thirds vote.
9:10 P.M. George Burnell continued to present parts d,e,f,g,and h.
9:14 p.m. Mary Ann Stewart reported the support of the School Committee.
9:15 p.m. Facilities Director Patrick Goddard reported need for HVAC mechanical repairs
at the Cary Library.
9:16 p.m. Motion to Adopt Article 16,parts d,e,f,g,h—Adopted Unanimously.
9:16 p.m. Motion to Adopt Article 16,parts a,b—Adopted Unanimously.
9:17 p.m. Charles Lamb,pr.4,served notice of reconsideration on Article 16 in entirety.
9:17 p.m. Selectman Norman Cohen moved Article 15 be taken up. Adopted Unanimously.
9:17 p.m. Presented by Alessandro Alessandrini,School Committee:
ARTICLE 15: APPROPRIATE FOR SCHOOL CAPITAL PROJECTS AND EQUIPMENT
MOTION: That the following amounts be appropriated for the following school capital
improvements and that each amount be raised as indicated:
a) School Technology-$696,000 for maintaining and upgrading the Lexington Public
Schools'technology systems, and that to meet this appropriation the Treasurer,with
the approval of the Board of Selectmen, is authorized to borrow$696,000 under
M.G.L. Chapter 44, Section 7 or any other enabling authority.
b) Food Service Equipment and Software-$99,500 for the purchase of food service
equipment and software and all incidental costs related thereto, and that to meet this
appropriation the Treasurer,with the approval of the Board of Selectmen, is
authorized to borrow$99,500 under M.G.L. Chapter 44, Section 7 or any other
enabling authority.
c) Time Clock/Time Reporting System-$97,000 for the purchase of a timekeeper
system, and that to meet this appropriation the Treasurer,with the approval of the
Board of Selectmen, is authorized to borrow$97,000 under M.G.L. Chapter 44,
Section 7 or any other enabling authority.
d) Classroom Furniture-$58,571 for the purchase of classroom furniture, and that to
meet this appropriation $58,571 be raised from the general fund unreserved fund
balance.
9:17 p.m. Mr.Alessandrini reported unanimous support of the School Committee.
9:19 P.M. George Burnell reported support of the Board of Selectmen.
9:19 P.M. David Kanter reported unanimous support of Capital Expenditures Committee.
9:19 P.M. Mollie Garberg reported unanimous support of Appropriation Committee.
9:20 p.m. Ephraim Weiss,pr.5,questioned food service software request. Assistant
Superintendent MaryEllen Dunn responded and agreed with motion to remove`software'.
AMENDMENT: Strike the wording`and software'from part(b).
Unanimously Adopted.
9:21 p.m. Vote on parts a,b,c,d Unanimously Adopted.
9:22 p.m. Charles Lamb served notice of reconsideration of Article 15,a-d.
9:22 p.m. Selectman Norman Cohen moved Articles 11 and 12 be taken up.
Unanimously Adopted.
9:23 p.m. Presented by Selectman George Burnell.
ARTICLE 11: APPROPRIATE FOR RECREATION CAPITAL PROJECTS
MOTION: That the following amounts be appropriated for the following recreation capital
improvements and that each amount be raised as indicated:
a) Park Improvements—Athletic Fields-$50,000 for improvement to the ball
field area at the Hastings School,and that to meet this appropriation$50,000
be raised from the general fund unreserved fund balance;and
b) Town Pool Renovation-$25,000 for renovations to the Town Pool Complex,
and that to meet this appropriation$25,000 be transferred from the Recreation
Fund Retained Earnings.
9:23 p.m. George Burnell reported unanimous support of the Board of Selectmen.
9:24 p.m. Richard DeAngelis reviewed requested projects.
9:25 p.m. Shirley Stolz reported unanimous support of the Capital Expenditures Committee.
Eric Michelson reported unanimous support of the Appropriation Committee.
9:26 p.m. Dawn McKenna,pr.6,questioned any overlap of Article 16(g)and 11 (a).
April 26,2010 Adjourned Session of the 2010 Annual Town Meeting,cont_..
David Pinsonneault, Superintendent of Parks and Grounds,explained no overlap.
9:27 p.m. Motion Unanimously Adopted.
9:27 p.m. Charles Lamb served notice of reconsideration of Article 11.
9:28 p.m. Presented by Selectman Hank Manz.
ARTICLE 12: APPROPRIATE FOR MUNICIPAL CAPITAL PROJECTS AND EQUIPMENT
MOTION: That the following amounts be appropriated for the following capital
improvements and that each amount be raised as indicated:
a) Replace Self Contained Breathing Apparatus-$260,000 to purchase self contained breathing
apparatus units,and that to meet this appropriation the Treasurer,with the approval of the
Board of Selectmen,is authorized to borrow$260,000 under M.G.L.Chapter 44,Section 7 or
any other enabling authority.
b) Street Intersections Improvements and Easements-$125,000 to redesign three major
intersections with Massachusetts Avenue in East Lexington,and to take by eminent domain,
purchase or otherwise acquire any fee,easement or other interest in land necessary
therefore,and that to meet this appropriation the Treasurer,with the approval of the Board of
Selectmen,is authorized to borrow$125,000 under M.G.L. Chapter 44, Section 7 or any
other enabling authority.
c) Comprehensive Stormwater Management Watershed Study-$110,000 for engineering
services for a comprehensive stormwater management watershed study,and that to meet
this appropriation the Treasurer,with the approval of the Board of Selectmen,is authorized to
borrow$110,000 under M.G.L.Chapter 44,Section 7 or any other enabling authority.
d) DPW Equipment Replacement-$502,804 for the cost of departmental equipment for the
Department of Public Works and all incidental costs related thereto,and that to meet this
appropriation$45,000 be transferred from the Sewer Retained Earnings,$91,429 be raised
from the general fund unreserved fund balance,and the Treasurer,with the approval of the
Board of Selectmen,is authorized to borrow$366,375 under M.G.L.Chapter 44, Section 7
and 8 or any other enabling authority.
e) Head End Equipment-$240,000 for replacing head-end network equipment,and that to meet
this appropriation the Treasurer,with the approval of the Board of Selectmen,is authorized to
borrow$240,000 under M.G.L.Chapter 44,Section 7 or any other enabling authority.
f) Reconstruct and Equip Town Office Building Server Room-$170,000 for reconstructing and
equipping the server room in the Town Office Building,and that to meet this appropriation the
Treasurer,with the approval of the Board of Selectmen,is authorized to borrow$170,000
under M.G.L.Chapter 44,Section 7 or any other enabling authority.
g) Sidewalk Improvements and Easements-$200,000 for rebuilding and repaving existing
sidewalks and constructing new sidewalks,and to take by eminent domain,purchase or
otherwise acquire any fee,easement or other interest in land necessary therefore,and that to
meet this appropriation the Treasurer,with the approval of the Board of Selectmen,is
authorized to borrow$200,000 under M.G.L.Chapter 44,Section 7 or any other enabling
authority.
h) Storm Drainage Improvements-$260,000 for constructing and reconstructing storm drains
and all incidental costs related thereto,and that to meet this appropriation the Treasurer,with
the approval of the Board of Selectmen,is authorized to borrow$260,000 under M.G.L.
Chapter 44,Section 7 or any other enabling authority.
i) Marrett/Waltham Intersection Traffic Signal Poles-that this item be indefinitely postponed.
j) Dam Repair-$10,000 for inspection of the Butterfield Dam on Lowell Street,and that to meet
this appropriation$10,000 be raised from the general fund unreserved fund balance.
k) Traffic Mitigation-$50,000 for engineering services for traffic and intersection improvements
town-wide,and that to meet this appropriation$50,000 be raised from the general fund
unreserved fund balance.
1) Hayden Avenue/Spring Street Traffic Master Plan-$125,000 for engineering services for a
traffic master plan for the Hayden Avenue/Spring Street area,and that to meet this
appropriation$125,000 be appropriated from the Traffic Mitigation Stabilization Fund.
m) Concord Avenue Sidewalk Preliminary Design-$90,000 for engineering services for the
schematic design plan for a sidewalk on Concord Avenue,and that to meet this appropriation
$90,000 be appropriated from the Traffic Mitigation Stabilization Fund.
n) Central Business District Sidewalk Master Plan/Engineering-$50,000 for developing a
master plan for replacing the existing brick sidewalk along the north side of Massachusetts
Avenue from Depot Square to the exit of the Town Office Building,and that to meet this
appropriation$50,000 be raised from the general fund unreserved fund balance.
o) Hydrant Replacement Project-$50,000 for the replacement of fire hydrants and all incidental
costs related thereto,and that to meet this appropriation$25,000 be transferred from Water
Retained Earnings and$25,000 be raised from the general fund unreserved fund balance.
p) Pedestrian Signal Improvements-$42,000 for improvements to pedestrian signals at street
crossings,and that to meet this appropriation$42,000 be raised from the general fund
unreserved fund balance.
q) Cary Library Material Handling and Workflow Study-$25,000 for engineering services to
reorganize the Library's circulation and bibliographic services workspace,and that to meet
this appropriation$25,000 be raised from the general fund unreserved fund balance.
r) Fire Headquarters Alarm Receiver-$30,000 for purchasing and installing an alarm receiver
at Fire Headquarters,and that to meet this appropriation$30,000 be raised from the general
fund unreserved fund balance.
s) Replace Town Buildings Phone Systems-$55,000 for replacing the existing phone systems
in all municipal and school buildings,and that to meet this appropriation$55,000 be raised
from the general fund unreserved fund balance.
t) MUNIS Upgrade-$55,000 for upgrading the MUNIS system,and that to meet this
appropriation$55,000 be raised from the general fund unreserved fund balance.
April 26,2010 Adjourned Session of the 2010 Annual Town Meeting,cont_..
u) Street Improvements and Easements-$551,578 for road reconstruction,repairs and
resurfacing by the Department of Public Works and all incidental costs related thereto,and to
take by eminent domain,purchase or otherwise acquire any fee,easement or other interest
in land necessary therefore,and that to meet this appropriation$551,578 be raised in the tax
levy;and authorize the Town to accept and expend any additional funds provided or to be
provided by the Commonwealth of Massachusetts through the Massachusetts Highway
Department.
9:29 p.m. Ted Edson reported unanimous support of all parts of the article except 12(k)and
12(n)for which there is support. Glenn Parker reported unanimous support of the Appropriation
Committee for all subsections. Anthony Galaitsis reported support of the Planning Board for
parts b,c,g,h,j,k,1,m,p,u. Hank Manz reported unanimous support of the Board of
Selectmen for all parts. Mr.Manz reviewed each subsection.
9:33 p.m. Subpart(b)—Motion to strike the words`in East Lexington' Adopted.
9:40 p.m. Subpart(e)Management Information Services Director Dorinda Goodman
responded to questions about requested funding for network equipment.
9:44 p.m. Subpart(f)—Town Manager Carl Valente responded to questions on coordinating
work proposed under Article 8`1'with requested funding for Article 12,subpart`f.
9:45 p.m. Subpart(g)-Rod Cole reported support of the School Committee.
9:49 p.m. Subpart 0)—Town Engineer John Livsey responded to questions on dam repairs
and inspection reports.
9:50 p.m. Subpart(g)—Town Engineer John Livsey responded to questions on sidewalks
and utility pole damage.
9:55 p.m. Subpart(n)Members spoke in opposition.
9:58 p.m. Hank Manz reported the Board of Selectmen will separate out subpart(n).
9:58 p.m. Town Engineer John Livsey responded to questions on traffic mitigation and
contributions for the traffic calming study on Shade Street.
Assistant Town Manager for Finance Robert Addelson responded to questions on debt policy.
10:01 P.M. Town Engineer John Livsey responded to questions on installation of a pedestrian
crossing at 1010 Waltham St,reporting the project will be moving forward shortly.
10:02 p.m. Subpart(k)-Town Engineer John Livsey responded to questions on 5-year traffic
mitigation program.
10:07 p.m. Subpart(t)—Patrick Mehr questioned incorporation of school personnel
management in the MUNIS software program.
10:08 P.M. Subpart(u)—Town Engineer John Livsey responded to questions on street
database and resurfacing plans.
10:15 p.m. Motion to Adopted Article 12,parts(a-m)and parts(o-u)Unanimously Adopted
as Amended.
10:15 p.m. Subpart(n)—Selectman Hank Manz summarized.
10:16 p.m. Public Works Director William Hadley explained plans for full-blown study of
the central business district and responded to questions on sidewalks concerns.
10:20 p.m. Eric Michelson,pr.1,spoke in support of Article 12(n).
10:21 p.m. David Williams,pr.5,questioned to the planned study.
10:23 p.m. Jerold Michelson,pr.5,reported unanimous support of the Center Committee.
10:23 p.m. Karen Longeteig,pr.2,spoke in support and addressed tree conditions.
10:23 p.m. Charles Lamb moved the following amendment:
AMENDMENT: Article 12(n)be reworded to read:
....existing brick sidewalk and making related improvements along the.....'
10:30 p.m. Amendment Unanimously Adopted.
10:30 p.m. Article 12(n)Adopted as amended.
10:30 p.m. Charles Lamb,pr.4,served notice of reconsideration of Article 12 in entirety.
The Moderator declared intent to take up Article 9—Cotton Farm on May 10''.
10:32 p.m. Norman Cohen moved meeting be adjourned to 7:45 p.m.,Wednesday,
April 28,2010,Cary Hall. Adopted.
A true copy.
Attest:
Donna M.Hooper,Town Clerk
April 28,2010 Adjourned Session of the 2010 Annual Town Meeting,cont_..
April 28,2010 Adjourned Session of the 2010 Annual Town Meeting
The ninth session of the 2010 Annual Town Meeting was called to order by Moderator Deborah
J.Brown at 7:45 p.m.,Wednesday,April 28,2010,Cary Memorial Hall;a quorum of 173
present.
7:48 p.m. Charles Lamb,pr.4,moved the Supplemental Errata Report of the Capital
Expenditures Committee be received&placed on file. Adopted
7:48 p.m. Selectman Norman Cohen moved Article 35 be taken up. Unanimously Adopted.
7:49 p.m. Presented by Janet Kern,pr.1.
Article 35 RESOLUTION ON FARMING(CITIZEN ARTICLE)
MOTION: That the Town adopt the following resolution:
WHEREAS,when Lexington was first settled in 1642,our town was known as"Cambridge
Farms";and
WHEREAS,working farms were a center of Lexington's landscape for more than three centuries;
and
WHEREAS,increased demand for housing sites after World War II accelerated the decline of
agriculture and loss of open land in Lexington and the rising cost of land made farming and
holding of large tracts of land increasingly costly and drove many farmers out of business;and
WHEREAS,housing developments,streets and private estates name the farms that were lost
while only a handful of actual working farms remain in Lexington;and
WHEREAS, many residents have become aware of the environmental damage caused by
purchasing produce from farms thousands of miles away, including potential contamination and
high energy usage;and
WHEREAS,the demand for local produce from farmers markets and community supported
agriculture(CSA)programs has increased dramatically in the past five years along with the
strong nation-wide movement to support small local farms;and
WHEREAS,there is no official body in the Town of Lexington whose purpose is to help protect
farmland or to consider the community benefits of having working farms in Lexington;and
WHEREAS,we recognize that if we wish to continue to have farms in our town providing all the
benefits of locally grown,fresh food,and carry this farming heritage forward,we must find ways to
encourage all farms,farming-related businesses,and farming-related community organizations.
THEREFORE, BE IT RESOLVED that the Town of Lexington RECOGNIZES its long history of
farming;and
AFFIRMS the value of existing farms and farming in our community;and
ENCOURAGES the continued presence of farming and farming-related activities in Lexington,
including farm businesses and community organizations related to farming.
7:58 p.m. Deborah Manger reported unanimous support of the Board of Selectmen and
commented the Board saw this motion to have nothing to do with the Busa Farm land charge.
7:59 p.m. Margaret Heitz,pr.4,questioned the charge,true intent of resolution,and support.
Margaret Kern explained the intent and potential to move forward with other
plans and discussion at community events and potential for future resolution at Town Meeting.
8:02 p.m. Charles Hornig,pr.8,spoke in support and of issues that come with farming.
8:04 p.m. Sandra Shaw,pr.4,spoke in opposition,and of perceived goal of using the
resolution to influence use of Busa Farm land off Lowell/Summer streets.
8:06 p.m. Eileen Entin,Blossomcrest Rd.,spoke in support on behalf of Citizens for
Lexington Conservation.
8:08 P.M. Peter Enrich,pr.4,questioned Ms.Kern on the resolution and of not being
misunderstood of prejudicing use of Busa land. Ms.Kern confirmed it to be a nonbinding
resolution to encourage activities and of the intent true to the motion-to do nothing more than
encourage farming. Mr.Enrich sought assurances of the proponents if to vote yes that it is not
going to be used by the proponents for use of Busa land. Ms.Kern responded the resolution does
not state Lexington should have a farm on the Busa property but that she will not say it will not
be brought up,but not use it to claim farming continue on Busa property.
8:13 p.m. Peter Enrich opined the difficulty of this resolution and that he will vote`No'.
8:13 p.m. Members spoke in support,opposition,and questioned potential use of resolution.
April 28,2010 Adjourned Session of the 2010 Annual Town Meeting,cont_..
8:22 p.m. Peter Kelley,pr.4,recommended a`friendly amendment'as follows:
AMENDMENT: To remove`all'and`existing'from resolution.
8:24 p.m. Steve Kropper,pr.2,spoke in opposition. 8:26 p.m.Amendment Adopted.
8:26 p.m. Scott Burson,pr.4,spoke in opposition as amended.
8:28 p.m. Jay Lucker,Buckman Dr,spoke in support.
8:31 p.m. Alessandro Alessandrini,pr.4,moved the question. Motion Adopted.
8:32 p.m. Janet Kern,pr.1,summarized resolution. Motion Adopted as Amended.
8:34 p.m. Selectman Norman Cohen moved Article 36 be taken up. Unanimously Adopted.
8:34 p.m. Presented by James Wood,pr.7.
ARTICLE 36: RESOLUTION ON MUNROE SCHOOL(CITIZEN ARTICLE)
MOTION: Therefore,be it resolved that;
Town Meeting desires that the disposition of the Munroe School building and land
(collectively,the"Property")should yield the best value for the Town of Lexington
Letters of Interest("LOI")and Terms of Invitation for Bid("IFB")
The Selectmen will present to the Town meeting membership(by email or by U.S.mail)
at the same time it is released to the public,the following:
1. A copy of the town of Lexington's solicitation for Letters of interest for the lease or
purchase of the Property for all permitted uses.
2. A copy of the IFB,consistent with the responses to the LOI,for the lease or purchase
of the Property.
Terms of Agreement
1. The Selectmen will present to the Town Meeting membership,(by email or by U.S.
mail)the results of all bids,making them available at least 60 days prior to the Town
Meeting at which they are considered;and a report of the bidder's financial condition
to meet the intended uses.
Mr.Wood reviewed intent of motion as being a recommendation to the Board of Selectmen.
8:40 p.m. Selectman Hank Manz reported the Selectmen request a brief recess to speak with
Town Counsel. The Moderator called a recess.
8:49 p.m. Called to Order, Selectman Hank Manz requested Town Counsel Kevin Batt to
review possible legal issues. Town Counsel Batt reviewed 3-4 possible issues.
8:53 p.m. Selectman Hank Manz reported 4 Selectmen in Opposition and 1 abstention.
8:54 p.m. Alan Levine reported the opposition of the Appropriation Committee(1 in favor,
7 opposed)and interest in the best value for the town,of concerns of the Appropriation
Committee with presumptions made in the motion.
8:57 p.m. Dan Fenn,pr.3,reported no opposition of the Munroe Center for the Arts Board
of Directors.
8:58 p.m. David Kaufman,pr.6,moved to amend the motion by deleting everything after
the first sentence.
8:59 p.m. Catherine Gill,pr.7,moved to amend the amendment. Mr.Wood expressed his
opposition.
9:01 P.M. Hank Manz reported 4 Selectmen in favor and 1 abstention.
9:02 p.m. Patrick Mehr,pr.3 questioned meaning of`value'. David Kaufman expressed his
intent to remove any legal impediments to the motion.
9:03 p.m. Patrick Mehr,pr.3,questioned other changes to the amendment.
9:04 p.m. Alan Levine reported no recommendation on the amendment from the
Appropriation Committee.
9:04 p.m. Catherine Gill,pr.7,spoke against the amendment,being too vague and fails to
get to the intent to allow town meeting to weigh-in on the issue.
9:06 p.m. David Kanter,pr.7,questioned laying the motion on the table to amend and bring
back on May I(P.
9:07 p.m. David Kaufman,pr.6,withdrew the Kaufman amendment.
9:07 p.m. James Wood agreed to lay the motion on the table.
9:08 P.M. Robert Rotberg moved to Lay Article 36 on the table for revising on May 10th.
Motion to Lay on the Table Declared Adopted by more than the required two-thirds.
9:09 P.M. Selectman Norman Cohen moved Article 8(1)be taken up. Unanimously Adopted.
April 28,2010 Adjourned Session of the 2010 Annual Town Meeting,cont_..
9:09 P.M. Presented by Jeanne Krieger,pr.3.
ARTICLE 8: APPROPRIATE THE FY2011 COMMUNITY PRESERVATION COMMITTEE
OPERATING BUDGET AND CPA PROJECTS
MOTION: 1) $1,825,000 be appropriated for remodeling,reconstructing and making
extraordinary repairs to the Town Office Building,and that to meet this appropriation
$1,185,000 be appropriated from the Historic Resources Reserve of the Community
Preservation Fund and the Treasurer,with the approval of the Board of Selectmen,is
authorized to borrow$640,000 under M.G.L.Chapter 44,Section 7 or any other enabling
authority.
Jeanne Krieger requested Victoria Buckley,Chair of the Commission on Disability,be
recognized. Ms.Buckley spoke in support and of concern for accessibility issues,and reported
support of the Commission on Disability.
9:19 P.M. Jeanne Krieger,pr.3,presented remodeling needs and sought support.
9:26 p.m. Susan Cusack,Middle St,member of the Commission on Disability,reported
support and spoke further on accessibility issues.
9:33 p.m. Hank Manz reported support of the Board of Selectmen(4-1).
9:41 p.m. Ted Edson reported support(4-1)of the Capital Expenditures Committee.
9:43 p.m. Alan Levine,pr.8,reported unanimous support of the Appropriation Committee.
9:46 p.m. Deborah Manger,dissenting member of the Board of Selectmen,reported her
concerns and opposition,though recognizes the need.
9:50 p.m. Jeanne Krieger,pr.3,responded to questions on projected funding and need for
long range plan. Ms.Krieger,pr.3,reported the Community Preservation Committee supports
the motion on a vote of 5 in favor and 4 in opposition.
9:54 p.m. Members spoke in opposition and support.
10:00 P.M. Selectman Norman Cohen responded to questions on the projects included in the
budget process.
10:05 p.m. Jonathan Himmel,pr.6,Permanent Building Committee,responded to questions
on construction costs and the role of the Permanent Building Committee.
10:06 p.m. Selectman Norman Cohen responded to questions on financial policies,
expenditure of Community Preservation Act funds,and debt authorizations—reporting the Board
of Selectmen did not take up the matter.
10:08 P.M. Charles Lamb,Capital Expenditures Committee,commented on debt financing
within Community Preservation funds.
10:09 P.M. Members spoke in support and opposition.
10:12 p.m. Town Manager Carl Valente responded to questions on landscaping,parking
plans,and consideration to an addition to the building,reporting no consideration has been made
to expand the footprint. Members spoke in support and opposition.
10:18 P.M. Mark Barrett,Public Facilities Department,responded to questions on entrance
accessibility needs. Jeanne Krieger responded further.
10:21 p.m. Eric Michelson,pr.1,spoke in support and on of need for Community
Preservation Committee to identify priorities.
10:27 p.m. Wendy Manz,pr.9,Community Preservation Committee,explained reduction in
level of funding approved by the Community Preservation Committee..
10:30 p.m. Members spoke in support and opposition.
10:31 p.m. Joel Adler,pr.1,Community Preservation committee,spoke in opposition.
10:33 p.m. Deputy Town Manager Linda Vine reported her understanding of identified ADA
needs. Victoria Buckley,Commission on Disability,explained further her understanding of the
listing of ADA needs update from the 1992 report.
10:35 p.m. Richard Neumeier,pr.3,moved the question. Motion Adopted.
10:36 p.m. Following a standing vote,the Moderator declared the Motion Adopted by a vote
of 115 in favor and 46 in opposition,tallied as follows:
Article 8 1
Vote/Pct 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 1 AL Total
YES 10 1 7 1 10 1 13 1 12 1 15 1 12 1 8 1 11 1 17 115
NO 7 1 9 1 5 1 6 1 5 1 4 1 3 1 5 1 1 1 1 46
10:37 p.m. Charles Lamb,pr.4,served notice of reconsideration of article 8(1).
10:47 p.m. Selectman Norman Cohen commented on pending articles and dates for upcoming
debate. Members opined on continuing debate and future meetings.
April 28,2010 Adjourned Session of the 2010 Annual Town Meeting,cont_..
10:47 p.m. Norman Cohen moved meeting be adjourned to 7:30 p.m.,Monday,May 10,
2010,Cary Hall. After some discussion,Frank Sandy,pr.6,moved to amend the motion to
Monday,May 3,2010 at 7:45 p.m.
10:50 p.m. Motion to Amend Not Adopted.
10:52 p.m. John Hayward,pr.5,moved the question. Motion Adopted.
10:53 p.m. Motion to Adjourn to Monday,May 10,2010 at 7:30 p.m.Adopted.
A true copy.
Attest:
Donna M.Hooper,Town Clerk
May 10,2010 Adjourned Session of the 2010 Annual Town Meeting
The tenth session of the 2010 Annual Town Meeting was called to order by Moderator Deborah
J.Brown at 7:30 p.m.,Monday,May 10,2010,Cary Memorial Hall;a quorum of 174 present.
7:35 p.m. Selectman Norman Cohen moved articles 18,20,22,and 24 be taken up in that order.
Unanimously Adopted.
7:35 p.m. Presented by Selectman Norman Cohen.
ARTICLE 18: APPRORIATE TO POST EMPLOYMENT INSURANCE LIABILITY FUND
MOTION: That$479,399 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$479,399 be raised from the general
fund unreserved fund balance.
Mr. Cohen explained request and unanimous support of the Board of Selectmen.
7:37 p.m. Richard Enrich reported unanimous support of Appropriation Committee.
7:37 p.m. Unanimously Adopted.
7:38 p.m. Presented by Selectman Peter Kelley.
ARTICLE 20: ESTABLISH AND APPROPRIATE TO SPECIFIED STABILIZATION FUNDS
MOTION: That appropriations to the following stabilization funds be made
from the sources and in the amounts specified:
1) $350,000 be appropriated to the Special Education Stabilization Fund,and to
meet this appropriation$350,000 be raised from general fund unreserved fund
balance,
2) $90,955.18 be appropriated to the Traffic Mitigation Stabilization Fund,and to
meet this appropriation$90,955.18 be transferred from the Traffic Mitigation
special revenue account,and
3) $121,295 be appropriated to the Transportation Demand Management/Public
Transportation Stabilization Fund,and to meet this appropriation$121,295 be
transferred from the Transportation Demand Management special revenue
account.
Peter Kelley reported unanimous support of the Board of Selectmen.
7:39 p.m. Susan McLeish reported unanimous support of the Appropriation Committee.
Charles Lamb reported unanimous support of the Capital Expenditures
Committee for part 2. Unanimously Adopted.
7:40 p.m. Charles Lamb served notice of reconsideration of Article 20.
7:40 p.m. Presented by Selectman Norman Cohen.
ARTICLE 22: APPROPRIATE FROM DEBT SERVICE STABILIZATION FUND
MOTION: That$124,057 be appropriated from the Debt Service Stabilization
Fund to offset the FY2011 debt service of the bond dated February 1,2003 issued
for funding additions and renovations to the Lexington High School,Clarke
Middle School and Diamond Middle School.
Norman Cohen reported unanimous support of the Board of Selectmen.
7:41 p.m. Susan McLeish reported unanimous support of Appropriation Committee.
Charles Lamb reported unanimous support of Capital Expenditures Committee.
7:42 p.m. Motion Declared Unanimously Adopted.
May 10,2010 Adjourned Session of the 2010 Anmra1 Town Meeting,coat_..
7:42 p.m. Presented by Selectman Hank Manz.
ARTICLE 24: AMEND FY2010 OPERATING AND ENTERPRISE FUND BUDGETS
MOTION: That the following amounts be appropriated to the following line
items for the current fiscal year's operating budget as approved under Article 4 of
the 2009 Annual Town Meeting and subsequently amended under Article 13 of
the 2009 Special Fall Town Meeting,and that said amounts be transferred from
the following sources:
LINE ITEM PROGRAM FROM TO
7100 Community Development Personal Services $ 883,778 $ 873,778
7100 Community Development Expenses $ 116,397 $ 126,397
6100-6200 Human Services Personal Services $ 294,840 $ 298,340
6100-6200 Human Services Expenses $ 111,886 $ 108,386
3100-3500 Public Works Personal Services $ 3,200,625 $ 3,300,625
3100-3500 Public Works Expenses $ 4,742,971 $ 4,842,971
2400 Public Facilties $ 8,863,432 1 $ 8,887,135
and further that$200,000 be appropriated from the General Fund Unreserved
Fund Balance,and$23,703 be appropriated from Insurance Proceeds Greater
Than$20,000 for line-item 2400.
7:42 p.m. Town Manager Carl Valente further presented requested action.
7:45 p.m. Alan Levine,pr.8,reported unanimous support of Appropriation Committee.
7:45p.m. Unanimously Adopted.
7:45 p.m. Alan Levine,pr.8,served notice of reconsideration of Articles 18,22,and 24.
7:45 p.m. Selectman Norman Cohen moved Article 9 be taken up. Unanimously Adopted.
7:45 p.m. Presented by Jeanne Krieger,pr.3.
ARTICLE 9: LAND PURCHASE—OFF MARRETT ROAD
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 90B and 60B on Assessors'Property Map 31,now or
formerly of Cataldo,that the sum of$3,857,000 be appropriated for such land
acquisition,and to meet this appropriation$651,677 be appropriated from the
Open Space Reserve of the Community Preservation Fund,$905,323 be
appropriated from the Undesignated Fund Balance of the Community
Preservation Fund,and the Treasurer,with the approval of the Board of
Selectmen,is authorized to borrow$2,300,000 under M.G.L. Chapter 44, Section
7(3),as amended,or under M.G.L.Chapter 44B,as amended,or any other
enabling authority.
[Precinct 6 Town Meeting Member Todd Cataldo filed with the Town Clerk he would recuse
from voting on this article.]
7:45 p.m. Jeanne Krieger reported support of the Community Preservation Committee on a
vote of 6 in favor and 3 opposed.
9:54 p.m. Joyce Miller,pr7,Conservation Commission Chairman reviewed the
Commission's interest in property acquisition. Charles Wyman,Conservation
Commissioner-Land Acquisition Committee,updated the meeting on property
appraisals.
8:05 p.m. Sandra Shaw,pr.4,presented Minority Report of the Community Preservation
Committee,opposing the motion.
8:13 p.m. David Kanter,pr.7,reported unanimous support of the Capital Expenditures
Committee.
8:18 P.M. Joseph Pato,pr.2,reported the Appropriation Committee was evenly split with 4
in favor and 4 opposed to motion,and presented points on opposition.
8:23 p.m. Alan Levine,pr.8,reported the support of the Appropriation Committee.
8:31 p.m. Richard Canale,pr.9,reported support of the Planning Board(2-1)and
recommendation by those present to approve.
8:38 p.m. Norman Cohen reported unanimous support of the Board of Selectmen.
8:43 p.m. Eileen Entin,Blossomcrest Rd,reported unanimous support of the Citizens for
Lexington Conservation.
May 10,2010 Adjourned Session of the 2010 Annma1 Town Meeting,coat_..
8:46 p.m. Members spoke in support and opposition.
8:53 p.m. David Kanter,pr.7,questioned commitment for property maintenance.
8:54 p.m. Ann Kubik,Bennington Rd,spoke in support.
9:01 P.M. In response to questions on appraisals and enhanced value of adjoining property,
Charles Wyman,Conservation Commission reviewed required appraisals.
9:04 p.m. Members spoke in support and opposition,questioned the deed restriction,
conditions for modification,and alternatives for protecting the land. Town
Counsel William Lahey explained procedures for modification and impact of deed
restrictions on property not being sold to the town. Charles Wyman further
explained proposed deed restrictions.
9:25 p.m. Scott Burson,pr.4,called the question. Following a standing vote on the
question being put,the moderator declared the motion adopted on a vote of 134 in
affirmative and 27 in the negative,tallied as follows:
Vote/Pct 1 1 2 3 4 1 5 1 6 7 1 8 9 AL Total
YES 1 13 13 10 1 14 1 13 1 13 1 13 1 15 14 16 134
NO 1 3 1 2 1 6 1 4 1 1 1 5 1 3 1 1 1 2 0 27
9:30 p.m. Following a standing vote on the motion,the moderator declared the motion
adopted on a vote of 129 in the affirmative and 42 in the negative,tallied as
follows:
Vote/Pct 1 1 2 3 4 1 5 1 6 7 1 8 9 AL Total
YES 11 13 11 12 13 13 16 11 15 1 14 129
NO 5 1 6 1 3 7 2 5 1 6 1 3 1 4 42
9:34 p.m. Charles Lamb,pr.4,served notice of reconsideration of Article 9.
9:34 p.m. James Wood,pr.7,moved to take Article 36 from the table. Motion Adopted.
9:34 p.m. James Wood,pr.7,moved to substitute the motion with the following:
ARTICLE 36: RESOLUTION ON MUNROE SCHOOL(CITIZEN ARTICLE)
SUBSTITUTE MOTION: That the following resolution be adopted:
WHEREAS Town Meeting desires that the disposition of the Munroe School building and land
(collectively,the"Property")should yield the best value for the Town of Lexington;
THEREFORE,be it resolved that to achieve this goal,Town Meeting requests that:
1. The Selectmen explore different options for the Property,including without
limitation,the sale or lease of the Property for all permitted uses thereof;
2. The Selectmen engage Town Meeting Members in discussions about the plans for the
Property by sharing the terms of any Request for Proposal and the responses thereto,
as appropriate and as permitted by law;
3. To the extent that the disposition of the Property requires a Town Meeting vote,the
Selectmen provide adequate time for comment and response by Town meeting
Members on the proposed terms and conditions for such disposition.
9:37 p.m. Alan Levine,pr.8,reported support for substitution and the unanimous support of
the Appropriation Committee the new motion.
9:37 p.m. Hank Manz reported,on a vote of 3 in favor and 2 opposed,the support of the
Board of Selectmen for the new motion,expressing concern for the meaning of`best value'.
9:39 p.m. Motion to Substitute—Adopted.
9:40 p.m. Members spoke in support and opposition of substituted motion,and of need for
process in identifying uses of the Munroe school building.
9:45 p.m. Ephraim Weiss,pr.5,questioned implications of the Resolution. Town Counsel
confirmed the Resolution is nonbinding.
9:50 p.m. Substitute Motion Declared Adopted.
9:50 p.m. Joseph Pato,pr.2,reported he would not be seeking to reopen Article 32.
9:52 p.m. Betsey Weiss,pr.2,moved reconsideration of Article 8(1).
9:52 p.m. Hank Manz reported opposition of the Board of Selectmen to reopen,on a vote of
4 against and 1 undecided. Betsey Weiss confirmed the Community Preservation Committee
had not taken a position on reconsideration.
10:00 P.M. Charles Lamb reported the Capital Expenditures Committee(4-0)opposes
reconsideration.
10:11 P.M. Following a brief recess,the Moderator invited Town Meeting Members also
serving as members of the Community Preservation Committee to offer comments on
reconsideration.
May 10,2010 Adjourned Session of the 2010 Annual Town Meeting,coat_..
10:13 p.m. Sandra Shaw,pr.4,reported support for reconsideration.
10:14 p.m. Joel Adler,pr.1,reported support for reconsideration.
10:14 p.m. Marilyn Fenollosa,pr.5,reported support for reconsideration.
10:15 p.m. Selectman Norman Cohen reported opposition to reconsideration.
10:17 p.m. Wendy Manz,pr.9,Planning Board Member,reported opposition to
reconsideration.
10:19 P.M. Members spoke in favor of reconsideration and questioned accessibility cost
differentials.
10:36 p.m. Following a voice vote,the Moderator declared the Motion for Reconsideration of
Article 8(1)Not Adopted.
10:38 p.m. Charles Lamb moved Reconsideration of Article 8,parts 2,4,a),c)and v).
10:38 p.m. Mr.Lamb explained need for reconsideration to make necessary adjustments.
10:39 p.m. Alan Levine,pr.8,reported support of Appropriation Committee.
10:39 p.m. Norman Cohen reported unanimous support of Board of Selectmen.
10:39 p.m. Charles Lamb reported support(4-0)of Capital Expenditures Committee.
10:39 p.m. Charles Lamb explained ramifications if reconsideration should not prevail.
10:41 p.m. Motion to Reconsider Article 8,parts 2,4,a),c),and v)—Adopted.
10:41 p.m. Charles Lamb moved the following:
ARTICLE 8: APPROPRIATE THE FY 2011 COMMUNITY PRESERVATION COMMITTEE
OPERATING BUDGET AND CPA PROJECTS
MOTION: That the following components of the motion adopted under Article 8
be amended to read as follows:
2. $2.214.839 m 2,5 9 for the acquisition,preservation,rehabilitation and restoration
of historic resources.
4. $431.551 S! to the Unbudgeted Reserve.
a) That$320.000 be U12ropriated for the Minuteman Bikeway 12reselvation and to meet
this U12ropriation,$160,000 be appropriated from the Open Space Reserve of the
Community Preservation Fund,and$160,000 be appropriated from the Unbudgeted
Reserve of the Community Preservation Fund€er ke
c) That$875,173 be U12ropriated for the implementation phase of the Center Pluflelds
Preservation Drainage project,and to meet this U12ropriation,$271,551 be
appropriated from the Unbudgeted Reserve of the Community Preservation Fund and
$603.622 be U12ropriated from the Undesignated Fund Balance of the Community
Preservation Fund
Drainage ffejest.
v) That$150,000 be appropriated from Undesignated Fund
Balance of the Community Preservation Fund to meet the administrative expenses
and all other necessary proper expenses of the Community Preservation Committee
for FY 2011.
Mr.Lamb explained this to be a housekeeping motion.
Alan Levine,pr.8,reported unanimous support of the Appropriation Committee.
10:42 p.m. Motion to Amend Unanimously Adopted.
10:42 p.m. Article 8,as amended,Unanimously Adopted.
10:46 p.m. Following congratulatory comments from members on the conclusion of the 2010
Annual Town Meeting,Selectman Norman Cohen moved the 2010 Annual Town Meeting be
dissolved.
Motion Unanimously Adopted.
A true copy.
Attest:
Donna M.Hooper,Town Clerk