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Home My WebLink AboutTown Records Book 26 1 (Warrant for State Primary—See WARRANT FILE) STATE PRIMARY-TUESDAY,SEPTEMBER 16,2008 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Tuesday,September 26,2008 at 7:00 a.m. The following places were designated as the voting places for the various precincts: Precinct One, Cary Memorial Hall;Precinct Two,Bowman School;Precinct Three,Clarke Middle School;Precinct Four,Bridge School;Precinct Five,Cary Memorial Hall;Precinct Six,Diamond Middle School;Precinct Seven,Estabrook School,Precinct Eight, Fire Headquarters Building;Precinct Nine,Hastings SchooL T'he election officers and Wardens of the various precincts were assigned for duty as follows: �� Precinct 1: Warden: Richard Pemberton[CJ]; Clerk:Barry Sampson [iJ], Eileen G.McAlduff[D], Margaret Kelly [iJ], Jeannette Cerulli [D], Richard Spillane [U], Edwina Spillaine [U], Doris Pemberton [U], William J. Barrett [R], Stephen �.__ Klem[R]. Precinct 2: Warden:Rebecca Fagan[D];Clerk:Susanne Hays[U];Inspectors:Arline Bums[D],Dorothy Bolduc[LT], Lillian MacArthur [iJ], Margaret Ouellette [D], Dorothy Zaborowski [D], Marita Hartshorn [D],.Robert Hartshorn [D], Susan Solomon[U],Joseph Pato[D],Richacd Eaton[LT]. Precinct 3: Warden: Shirley R. Frawley[D]; Co-Clerk: Faith Fenske [U], Thomas Costello[RJ;Inspectors: Maarib Bazzaz[D],M.Elinor Greenway[D],Anthony G.Sacco[iJ],Laura Welby[U],MaryAnn McKenna[D],Robert Greenway[D], Lillian Drury[U],Elizabeth McLaughlin[D],William Frawley[D], Precinct 4: Warden: Gulli Kula[D];Clerk:Robert W.Bennett[iJ];Inspectors: Dana Regillo[RJ,Mary Devoe[U], Eleanor Smith [Uj, Beverly F. Aker [LT], Stacey Cannon [U], Evangeline Puopolo [LJ], John Yanakis [U], Raya Gildor [iT], Gloria Curran[UJ,Anne Mary Dunn[U], Precinct 5: Co-Wazden:Eric Kula[D],Marie Hill[iJ];Clerk:Bernice Gerrig[IJ]; Inspectors:Donna M.Keane[U], Alice Stringos[Uj, Gloria Holland[U),Josephine Bailey[tJ], Raymond Massey [D],T.John Quinlan[R],Mary Tashjian[U], Linda Cohen[U]. Precinct 6: Warden:Dorothy Boggia[R]; Clerk:Ann Webster[U]; Hazel Graham [D], Charles Price [U], William Simmons [R], Bazba.ra Simmons [R], Burton Smith [R], Francine C. Edwards [D], Susan Solomon [R], Sandra Gasbarro [[J], Sheldon Spector[LJ],Margaret Freeman[[J]. Precinct 7: Wazden: Alice M. Pierce [D]; Clerk: Margaret Bradley [D]; Inspectors: Isabelle Bennett [R], D. Peter Lund [R], E. Ashley Rooney [DEM], Mabel Amar [D], Elizabeth Sullivan [D], Sheryl Mason [[J], Pamela Marshall [U], Jane Trudeau[D],Mary Burnell[U],Charlotte Ford[D]. Precinct 8: Warden: Leo Chudigian [L1]; Clerk: Judith Chudigian [U]; Inspectors: Ann Diamond [iJ], Elinor Bettencourt [R], Nancy L. Hubert [D], Barbara L. Perrotta [D], Phyllis Richardson [D], Salvatore Casella [D], Anthony Montagna[iJ];Anne O'Neill[iI],Carol Flynn[U], Precinct 9: Wazden: Shirley Ament-Bergey[D.]; Clerk:Renee Reynolds[D];Inspectors: Cazole Butler[U],Judith Schuler [U], Clazk Schuler [LJ], Dorothy Bolduc [U], John Defandorf[U], Joyce Defandorf[IJ], Carole Scalise [RJ, Angela Marcucci[U],Harry Farrington[iJ),Edgar Knudson[D],Robert Ryan[D]. i � The election officers were sworn to the faithful performance of their duties. The polls were declared open in each fprecinct at seven o'clock A.M.and remained open until eight o'clock P.M.,at which time,after due notice,the polls were declared closed. The total number of registered voters in each precinct eligible to vote as of August 27,2008 is as follows: � Registered Voters Precinct Registered Green- Working Voters Democrat Rainbow Republican Families Unenrolled- Other 1 2074 792 1 223 0 1054 4 2 2413 1039 8 227 1 1136 2 3 2301 905 2 273 2 1116 3 4 2362 1032 3 227 0 1093 7 5 2302 903 3 286 2 1107 1 6 2385 991 0 329 0 1059 6 7 2390 963 2 261 0 1158 6 8 2272 883 5 264 0 1118 2 9 2229 784 2 254 0 1182 7 Totals 20,728 8,292 26 2,344 5 10,023 38 Recap sheets were delivered to the Town Clerk at the Town Office Building. 20% of the registered voters cast their vote. The Town Clerk canvassed the results: Votes By Precinct Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL Total Registered Voters 2074 2413 2301 2362 2302 2385 2390 2272 2229 20728 Democrat 405 550 378 486 439 482 496 384 305 3925 (� Republican 29 21 25 25 22 29 31 19 29 230 � � Green-Rainbow 0 0 0 0 0 0 0 0 0 0 , Working Families 0 2 2 0 0 0 0 0 0 4 Total Votes 434 573 . 405 511 461 511 527 403 334 4159 Percent(Total Votes/Total Voters) 21% 24% 18% 22% 20% 21% 22% 18% 15% 20% Absentee Ballots Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL Ballots Processed 47 30 60 44 35 42 31 23 32 344 Ballots Retumed&Counted 34 19 39 27 23 31 6 20 18 14 225 Specially G2ualfied Processed 4 4 3 2 5 4 1 5 1 29 ;Specially Qual�ed Retumed&Counted 2 2 1 1 1 2 1 1 0 11 Ballots Rejected/Late/Not returned 15 13 23 18 16 13 11 9 19 137 ' 2 September 16, 2008 State Primary-Election Results continued... DEMOCRATIC PARTY Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL Total Registered Voters 2074 2413 2301 2362 2302 2385 2390 2272 2229 20728 � � -� �-raa w. . ..�. rr„ :� x d '�,�e,� .^`-� "� . m�'�uy"' �� "'�'' `�xr'�,�u'at .��^'- .��yz� . .�i �:'� �y'`��,� °�' �" .� � �� `e �;. �sa,,,:� :� '�. -ti�� a[2�1��.��.�,.��._ ��15�,...5��a.�$-.�-��..ew:,.433� �L8��;�4�6��84�.:�;�05��-�� Percent(VotesNoters) 20% . 23% 16% 21% 19% 20% 21% 17% 14% 19% Total Registered Democrats 792 1039 905 1032 903 991 963 883 784 8292 Fercent(Total Votes/Total Party) 51% 53% 42% 47% 49% 49% 52% 43% 39% 47% Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL SENATOR IN CONGRESS J JOHN F. KERRY 305 437 334 402 355 379 415 313 241 3181 � EDWARD J.O'REILLY 92 103 44 82 82 97 79 67 64 710 ALL OTHERS 2 0 0 0 0 0 0 1 0 3 BLANKS 6 10 0 2 2 6 2 3 0 31 REPRESENTATIVE IN CONGRESS-7th District EDWARD J.MARKEY 333 456 327 409 372 391 423 319 264 3294 ALL OTHERS 3 2 0 1 0 0 0 1 1 8 BLANKS 69 92 51 76 67 91 73 64 40 623 COUNCILLOR-Si�cth District(1,2,4-7) , ��<.. ��., MICHAEL J. CALLAHAN 186 235 �,; 208 206 204 223�;�, ° 1262 ROSEANN TRIONFI-MAZZUCHELLI 73 89`'` ��`� 79 71 66 82 460 '�'4µ?w;''"k �$ ALL OTHERS 1 1 0 1 1 3�,- 7 BLANKS 145 225��-- 199 161 211 188 �''' -' 1129 COUNCILLOR-Third District(3,8,9) � MARILYN M. PETITfO DEVANEY � � " 123�� , ,�`, � �� ' 143 116 382 JOHN J. DOYLE ��-"�°� � 103 � - 73 73 . 249 � . � � � THOMAS L.WALSH �'�"� 14 " �� ' 12 18 44 �-�s'� ALL OTHERS 1�;.: ��';'� 0 1 2 BLANKS 137 ' : 156 97 390 SENATOR IN GENERAL COURT-Fourth Middlesex District(1,2,4-7) JIM MARZILLI 19 29 30 28 26 28� � ;� � 160 KENNETH J. DONNELLY 244 339 z = 302 276 281 311 � 1753 � JOHN W. HURD 1.13 143 �'�' 127 108 137 122 750 ALL OTHERS 1 Ob .. 0 1 0 0 ._�� , ��;: 2 BLANKS 28 39 u 27 26 38 35°`' 193 SENATOR IN GENERAL COURT-Th�rd Middlesex District(3,8,9) SUSAN C. FARGO � ;: �"= 298 �� t� ,�� 290 245 833 �� ALL OTHERS �'`'�"- d _ 2 �� 1 1 4 BLANKS 78' , 93 59 230 REPRESENTATIVE IN GENERAL COURT-Fifteenth Middlesex District(1,5-9) JAY R. KAUFMAN 323 ,� 382 392 443 330 258 2128 ALL OTHERS � 2 �x��'�'�� 1 1 3 1 0 8 :� �� >. BLANKS 80 ` � N^�.} w 56 89 50 53 47 375 REPRESENTATIVE IN GENERAL COURT-Ninth Middlesex District(2,3,4) �-��';"�� =, s� ��:� THOMAS M. STANLEY �� 371 280 353 �_N.�-�� ` � ��;� �rw •��,� 1004 �.. Ae" ALL OTHERS 4 0 2 � _� 6 �°��'�: .f: � ��-�� . _ 404 BLANKS '� 175 98 131 ,��F REGISTER OF PROBATE-Middlesex County 0 JOHN R. BUONOMO 215 245 177 254 236 217 241 174 170 1929 Thomas Concannon 3 9 2 2 2 6 2 4 30 John Lambert 0 0 0 0 0 0 0 0 1 1 Sean O'Donovan 0 1 0 0 1 0 0 0 1 3 ALL OTHERS 10 8 4 8 7 4 7 7 5 60 ' BLANKS 177 287 195 222 195 259 242 201 124 1902 ,I GREEN-RAINBOW PARTY Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL Total Registered Voters 2074 2413 2301 2362 2302 2385 2390 2272 2229 20728 Total Votes 0 0: 0 0 0 0 0 0 0 0 Percent(Total VoteslTotal Voters) 0% 0% 0% 0% 0% 0% 0% 0% 0°/a 0% Total Registered Green-Rainbow 1 8 2 3 3 0 2 5 2 26 Percent(Total Votes/Total Party) 0% 0% 0% 0% 0% 4% 0% 0°/a 0% 0% .� .. . - ----- _--- -- - -- - ----_ __-- --- � ___ --- . ____ _ __ __ _ _ __---____ __-- September 16, 2008 State Primary—Election Results continued... `3 Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9. TOTAL SENATOR IN CONGRESS ALL OTHERS 0 0 0 0 0 0 0 0 0 0 . . BLANKS 0 0 0 0 0 0 0 0 0 0 REPRESENTATIVE IN CONGRESS—Seventh District ALL OTHERS 0 0 0 0 0 0 0 0 0 0 BLANKS 0 0 0 0 0 0 0 0 0 0 COUNCILLOR-Sixth District(1,2,4-7) � ALL OTHERS 0 0 0 0 0 0 0 BLANKS 0 0 0 0 0 0 0 COUNCILLOR—Third Middlesex District 3,8,9 � ALL OTHERS �� 0 �� °�n��„ � � 0 0 � 0 �I �,° BLANKS 0 �` 0 0 0 SENATOR IN GENERAL COURT—Fourth Middlesex District(1,2,4-7) ALL OTHERS 0 0 � 0 0 0 0 0 BLANKS 0 0 . 0 0 0 0 � 0 SENATOR IN GENERAL COURT—Third Middlesex District(3,8,9) � ALL OTHERS � �' 0 � ��' �� p �� w�� .�s� ¢ BLANKS p ��, ��<�`��w�.�fl ''.. 0 REPRESENTATIVE IN GENERAL COURT—Fifteenth Middlesex District(1,5-9) ALL OTHERS 0 w y ,��4°'� 0 0 0 0 0 0 �x�� c,�„�� BLANKS 0 �'.-� 0 0 0 0 0 0 REPRESENTATIVE IN GENERAL COURI'—Ninth Middlesex District(2,3,4) ALL OTHERS .r� �s 0 0 0 ' � ' ��' � 0 s, a."a+.i ��;�>*��rr'+wm�"��„��'S � �r ,4�}� . . BLANKS �; .. 0 0 0 ��,. `��,�,��1= � REGISTER OF PROBATE—Middlesex County ALL OTHERS 0 0 0 0 0 0 0 0 0 0 BLANKS 0 0 0 0 0 0 0 0 0 0 REPUBLICAN PARTY Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL Total Registered Voters 2074 2413 2301 2362 2302 2385 2390 2272 2229 20728 Total Votes 29 21 25 25 22 29 31 19 29 230 � Percent(Total Votes/Total Voters) 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% � Total Registered Republicans 223 227 273 227 286 329 261 264 254 2344 Percent(Total VoteslTotal Party) 13% 9% 9% 11% 8% 9% 12% 7% 11% 10% Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL SENATOR IN CONGRESS JEFFREY K. BEATTY 26 19 21 21 16 20 27 17 25 192 ALL OTHERS 1 0 0 0 3 2 1 0 0 7 BLANKS 2 2 4 4 3 7 3 2 4 31 REPRESENTATIVE IN CONGRESS—Seventh District JOHN CUNNINGHAM 23 17 17 19 15 24 23 15 23 176 ALL OTHERS 1 0 0 0 0 0 2 0 0 3 BLANKS 5 4 8 6 7 5 6 4 6 51 • COUNCILLOR—Sixth Middlesex District(1,2,4-7) ALL OTHERS 3 0 0 1 = 0, 6 �` � 10 BLANKS 26 21 � 25 21 29 25 147 COUNCILLOR—Third Middlesex District(3,8,9) �� ALL OTHERS �� 4 �y , �, , �� 1 0 5 � BLANKS . 21 �,�� ." 18 29 68 � SENATOR IN GENERAL COURT—Fourth Middlesex District(1,2,4-7) Brion M.Cangiamila 7 3 6 2 4 ' � 22 ALL OTHERS 1 0 2 2 2 2 9 I BLANKS 21 18 17 18 23 29 �- 126 . � SENATOR IN GENERAL COURT—Third Middlesex District(3,8,9) � SANDRA B. MARTINEZ �;�� "" 14 23 57 ��y�' 20 �� ALL OTHERS °� � '� 0 ��,��?�� r,�� 0 3 3 BLANKS z � '-� tl 5 � ` " 5 3 13 REPRESENTATIVE IN GENERAL COURT—Fifteenth Middlesex District(1,5-9) ALL OTHERS 3 �� 5 0 4 2 2 16 BLANKS 26 � �� 17 29 27 17 27 143 REPRESENTATIVE IN GENERAL COURT—Ninth Middlesex District(2,3,4) ALL OTHERS 4 2 0 � 6 BLANKS �� 17 23 25 65 4 . September 16, 2008 State Primary—Election Results continued... REGISTER OF PROBATE—Middlesex County John Lambert 4 1 0 0 2 2 0 1 1 11 ALL OTHERS 3 0 3 0 0 0 4 2 1 13 BLANKS . 22 20 22 25 20 27 27 16 27 206 WORKING FAMILIES PARTY Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7- Pct 8 Pct 9 TOTAL Total Registered Voters 2074 2413 2301 2362 2302 2385 2390 2272 2229 20728 Total Votes 0 2 2 0 0 0 0 0 0 4 Percent(VoteslTotal Voters) 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% � Total Registered Working Family Pty 0 1 2 0 2 0 0 0 0 5 � Percent(Votes/Total Party) 0% 200% 100% 0% 0% 0% 0% 0% 0% 80% Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL SENATOR IN CONGRESS ALL OTHERS 0 1 1 0 0 0 0 0 0 2 BLANKS 0 1 1 0 0 0 0 0 0 . 2 REPRESENTATIVE IN CONGRESS Seventh District ALL OTHERS 0 0 0 0 0 0 0 0 0 0 BLANKS 0 2 2 0 0 ' 0 0 0 0 4 COUNCILLOR—Sixth District(1,2,4-7) �� ALL OTHERS 0 0 �`�� 0 0 0 0 �� 0 B'LANKS 0 2 �";�� 0 - 0 0 0 �.�'k�� ` .�r�� 2 COUNCILLOR—Third District(3,8,9) ` ALL OTHERS ��r�� `�`� .� 0 y��.r��„�� 0 0 0 BLANKS ��,�� . 2 ��,�:,� �� 0 0 2 SENATOR IN GENERAL COURT—Fourth Middlesex District(1,2,4-7) �.. :d �� ALL OTHERS 0 0 0 0 0 0 ��•� 0 �� BLANKS 0 2 0 0 0 0 ,.. ��;� 2 SENATOR IN GENERAL COURT—Third Middlesex District(3,8,9) � �� 0 0 0 ALL OTHERS 0 ,. � � �^ �, � � �, BLANKS �`�;�a'� �� ° � �a;� `°��,;�� 0 0 2 � v��, 2 �� e;; , REPRESENTATIVE IN GENERAL COURT—Fifteenth Middlesex District(1,5-9) � w �"9��,� ALL OTHERS 0 °"" `�� 0 0 0 0 0 0 �,� ��, ��.�� ,� �� BLANKS 0 �- . �``�, " 0 0 0 0 0 0 REPRESENTATIVE IN GENERAL COURT—Ninth Middlesex District(2,3,4) ALL OTHERS �� 1 1 0 ;, �� "��°� h'n�� ,� �� 2 BLANKS �� 1 1 0 ,y �'g'� �'` �.�� ..•.,. �;�;•;�. ��:Aa� � 2 REGISTER OF PROBATE—Middlesex County Sean O'Donovan 0 2 2 0 0 0 0 0 0 4 ALL OTHERS 0 0 0 0 0 0 0 0 0 0 BLANKS 0 0 0 0 0 0 0 0 0 0 � , t . � , A true copy. ; Attest: ��'i�"�- �� '��?.��_r Donria M.Hooper,Town Cle,�k � d , _ __ __ - - -_ _ _ ___ � ___ _—_ _ __ _ _ _ __ _ 5. (Warrant for State Election—See WARRANT FILE) �� STATE ELECTION TUESDAY,NOVEMBER 4,2008 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said town on Tuesday,November 4, 2008 at 7:00 a.m. The following places were designated as the voting places for the various precincts: Precinct One, Cary Memorial Building; Precinct Two, Bowrnan School; Precinct Three, Clarke Middle School; Precinct Four, Bridge School; Precinct Five, Cary Memorial Building; Precinct Six, Diamond Middle School; Precinct Seven, Estabrook School, Precinct Eight, �` Fire Headquarters Building; Precinct Nine,Hastings SchooL - The election officers and Wardens of the various precincts were assigned for duty as follows: Precinct One: Warden: Richard Pemberton [U]; Clerk: Barry Sampson [U]; Inspectors: Richard Spillaine [U], Edwina Spillaine [CT], Carol Sampson [U], Audrey Deshler [D], Lorraine Setterlund [D], Jeanette Cerulli [D], Eileen McAlduff[D], Margaret Kelly [[J], Doris Pemberton [U], William Barrett"[R],Jean Barrett[R],Arline Burns [U]. Precinct Two: Warden: Rebecca Fagan [LJ]; Clerk: Richard Eaton [iJ]; Inspectors: Susanne Hays [U], Joseph Pato [D], Lillian MacArthur [U],Julie Miller [U], Margaret Freeman [LT], Kathleen Crowley-Gardner [LT], Harry Farrington [IJ], Robert Hartshorn [D], Marita Hartshorn [D], Margaret Ouelette [D],Mary Ellen Turner[D],Ephraim Weiss [D],Dorothy Zamborowski [D]. Precinct Three: Warden: Shirley R.Frawley [U]'; Clerk: Faith Fenske [U; Inspectors:Laura Welby [U], Anthony Sacco [LJ], JoAnn Eurich [U], Lillian Drury [U], M. Elinor Greenway [D],-Maarib Bazzaz [D], Stacey Hamilton [D], Elizabeth Sullivan [D], Virginia Weinberger [D], Mary Ann McKenna[D],William Frawley [D],Elizabeth McLaughlin [D],Jyoti Rao[D],Basrur Rao [D]. Precinct Four: Gulli Kula [D]; Co-Clerks: Arthur Katz [D], Thomas Costello [R]; Inspectors: Elizabeth Fleming [LJ], Mary Devoe [U], Evangeline Puopolo [U],Beverly Aker [iJ], Eleanor Smith [U], Dana Regillo [U], Stephen Klein [R], Gloria Curran [U],Ann Mary Dunn [U], Lynda Laurence [D], Samuel Berman [D],Angela Marcucci [U],John Yanakis [UJ,Raya Gildor[U]. Precinct Five: Warden: Marie Hill [iJ], co-Warden Eric Kula [D]; Clerk: Josephine Bailey [U]; , Inspectors: D. Peter Lund [R], E. Ashley Rooney [D], Linda Cohen [U], Alice Stxingos [U], Gerald Abegg-�[D], Donna Keane [U], Mary Tashjian [CT], Joaquim Manuel [U], Barbara Manuel [U], I Raymond Massey[D],T. John Quinlan [R],Ann Canter[D],Pamela Marshall [IJ]. � Precinct Six: Warden: Dorothy Boggia[R]; Clerk: Ann Webster[U];Inspectors: Charles Price [CJ], Hazel Graham [D], Susan Solomon [R], William Simmons [R], Barbara Simmons [R], Francine Edwards [D], Burton Smith [R], Winston Flynn [iJ], Sandra Gasbarro [U], Carolyn Crowell [CT], Sheldon Spector[U],Chet Webster[U],Gloria Holland [U], Susan Folger[U],Joseph Fruciano [U]. Precinct Seven: Warden: Alice Pierce [D]; Clerk: Margaret Bradley [D];�Inspectors: Isabelle Bennett [R], Charlotte Ford [D], Mabel Amar [D], Jane Trudeau [D], John Defandorf [iT], Joyce Defandorf[U],Nancy Hubert [D], Mary Burnell [U], Sheryl Mason [U], Robert Mason [U],L. Susan ConwaY ��• Precinct Eight: Warden: Leo Chudigian [LJ]; Co-Clerks: Judith Chudigian [IJ], Barbara Perrotta . [D]; Inspectors: Phyllis Richardson [D], Anthony Montagna [U], Ann Diaxnond [UJ, Salvatore Casella [DJ, Elinar Bettencourt [R], Edgar Knudson [D], Carol Flynn [LT], Anne Conceison [U], Bridget Koha[IJ],Anne O'Neill [LT]. Precinct Nine: Warden: Shirley Ament-Bergey [D]; Clerk: Renee Reynolds; Inspectors: Clark Schuler [U], Carole Scalise [R], Dorothy Bolduc [UJ, Edith Paster [D], Judith Schuler [LJ], Ellen Suderow �D],,Susan Solomon [U], Heidi Horowitz [R], Francine Stieglitz [D], Mary B. Connor [D], Elizabeth Weiss [U],Adrian Reynolds [D]. The election officers were sworn to the faithful performance of their duties. The polls were declared open in each precinct at seven o'clock A.M. and remained open until eight dclock P.M., at which time, after due notice,the polls were declared closed. The total number of registered voters in each precinct eligible to vote as of October 15, 2008 I is as follows: Registered Green- Working Precinct Voters Democrat Rainbow Republican Families Unenrolled Other � 1 2135 813 1 227 0 1090 4 2 2494 1071 8 229 1 1184 1 3 2481:� 985 2 283 2 1205 4 4 2424 1059 3 231 0 1124 7 5 2370 923 3 294 2 1147 1 6 2441 1011 0 326 0 1099 5 7 2456 980 3 255 `0 1213 5 8 2309 884 5 267 0 1151 2 9 2288 820 2 254 0 1205 7 Totals 21398 8546 27 2366 5 10418 36 6 November 4, 2008 State Election, cont... Recap sheets were delivered to the Town Clerk at the Town Office Building. 84% of the registered voters cast their vote. The Town Clerk canvassed the results: Pct 1 2 3 4 5 6 7 8 9 Total Registered Voters 2135 2494 2481 2424 2370 2441 2456 2309 2288 21398 , TotalVotes 1736 2147 2067 2051 1984 2086 2058 1942 1891 17962 Partial State Ballots 1 2 7 1 1 3 1 4 3 23 Federal Ballots _ 3 2 0 6 3 6 2 4 0 26 ABSENTEE BALLOT BREAKDOWN Precinct A lications Processed Baliots Counted Total �n� Mail Total Election of c u try Recv'd& � House Da Counted 1 70 191 261 236 7 243 2 136 187 323 306 4 310 3 131 200 331 318 2 320 4 123 180 303 282 8 290 5 128 179 307 291 11 302 6 121 180 301 287 10 297 7 103 157 260 243 7 250 8 69 153 222 202 6 208 9 73 153 226 207 1 208 Totals 954 1580 2534 2372 56 2428 Breakdown of S eciall Qualified & Provisional Ballots Cast: Pct 1 2 3 4 5 6 7 8 9 Total Provisional Ballots: Voted 1 5 8 1 5 2 2 1 1 26 Qualified/Counted 0 0 3 1 0 1 0 1 1 7 S eciall Qualified Ballots Voted 21 22 14 11 25 19 12 12 8 144 ELECTION RESULTS � �' Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL � Total Reg Voters 2135 2494 2481 2424 2370 2441 2456 2309 2288 21398 �� TotalVotes 1736 2147 2067 2051 1984 2086 2058 1942 1891 17962 �—' Percent(VotesNoters) 81°/a 86% 83% 85% 84% 85% 84% 84% 83% 84% Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL PRESIDENTNICE PRESIDENT BALDWIN AND CASTLE 2 3 1 1 0 1 3 0 0 11 BARR AND ROOT 11 9 8 3 7 5 8 12 10 73 McCAIN AND PALIN 506 457 477 468 533 583 514 489 566 4593 McKINNEY AND CLEMENTE 2 5 5 2 4 2 1 6 2 29 NADER AND GONZALEZ 11 26 14 11 17 8 11 13 15 126 OBAMAAND BIDEN 1190 1635 1545 1554 1400 1476 1504 1404 1276 12984 ALL OTHERS 7 5 6 6 11 5 6 11 11 68 BLANKS 7 7 11 6 12 6 11 7 11 78 SENATOR IN CONGRESS JOHN F. KERRY 1176 1611 1517 1484 1368 1437 1483 1400 1277 12753 JEFFREYK. BEATTY 463 416 457 461 505 556 468 450 517 4293 ROBERT J. UNDERWOOD 41 46 37 37 35 34 39 30 48 347 ALL OTHERS 2 0 1 1 3 1 3 2 1 14 ;"—° BLANKS 54 74 55 68 73 58 65 60 48 555 � I ._..r Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL REPRESENTATIVE IN CONGRESS-Seventh District EDWARD J. MARKEY 1228 1639 1534 1510 1403 1464 1498 1398 1290 12964 JOHN CUNNINGHAM 398 383 427 406 445 508 435 411 480 3893 ALL OTHERS 3 2 0 5 2 1 2 2 2 19 BLANKS 107 123 106 130 134 113 123 131 119 1086 COUNCILLOR-Sixth District(1,2,4-7) � � MICHAEL J.CALLAHAN 1110 1412 1293 1235 1297 1296 7643 ALL OTHERS 18 16 14 10 15 17 90 BLANKS 608 719 744 739 774 745 4329 _— __ _ _ __ ___ -- _ _ � ___ _--___ _ _ _____ _ __- _ _ __.. ----.- ------- -—_._. November 4, 2008 State Election, cont... 7 Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL COUNCILLOR-Third District(3,8,9) MARILYN M.PETITTO DEVANEY 1291 1154 1109 3554 ALL OTHERS 18 23 28 69 BLANKS 758 765 754 2277 SENATOR IN GENERAL COURT-Fourth Middlesex District(1,2,4-7) � BRION M CANGIAMILA 424 386 411 463 520 460 2664 KENNETH J.DONNELLY 1130 1499 1361 1227 1303 1348 7868 ALL OTHERS 2 4 4 2 2 3 17 BLANKS 180 258 275 292 261 247 1513 Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL t SENATOR IN GENERAL COURT-Third Middlesex District(3,8,9) �_ _I� SUSAN C.FARGO 1387 1249 1117 3753 SANDRA B.MARTINEZ 474 509 610 1593 ALL OTHERS 2 2 3 7 BLANKS 204 182 161 547 REPRESENTATIVE IN GENERAL COURT-Fifteenth Middlesex District(1,5-9) JAY R.KAUFMAN 1224 1386 1523 1534 1417 T310 8394 ALL OTHERS 17 11 21 �` 23 18 27 117 BLANKS 495 587 542 501 507 554 3186 REPRESENTATIVE IN GENERAL COURT-Ninth Middlesex District(2,3,4) THOMAS M.STANLEY 1437 1353 1341 4131 Jill E.Stein 5 ALL OTHERS 20 14 10 44 BLANKS 685 700 700 2085 REGISTER OF PROBATE-Middlesex County TARA E.DeCRISTOFARO 1055 1354 1231 1224 1168 1251 1231 1143 1082 10739 ALL OTHERS 18 16 11 10 8 15 17 12 22 129 BLANKS 663 777 825 817 808 820 810 787 787 7094 � QUESTION 1 State Income Tax , This proposed law would reduce the state personal income tax rate to 2.65%for all categories of taxable income for the year beginning on or after January 1; 2009,and would eliminate the tax for all tax years beginning on or after January 1, 2010. The personal income tax applies to income received or gain realized,by individuals and married couples, by estates of deceased person,. by certain trustees and other fiduciaries, by person who are partners in and receive income from partnerships, by corporate trust, and by person who receive income as shareholders of"S"corporations"as defined under federal tax law. The proposed law would not affect.the tax due on income or gain realized in a tax year beginning before January 1, 2009. The proposed law states that if any of its parts were declared invalid,the other parts would stay in effect. Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL YES � 472 420 487 423 506 499 479 440 545 4271 NO 1202 1676 1518 1556 1404 1526 1541 1437 1292 13152 BLANKS 62 51 62 72 74 61 38 65 54 539 QUESTION 2 Non-criminalize Marijuana This proposed law would replace the criminat penalties for possession of one ounce or less of marijuana with a new system of civil penalties, to be enforced by issuing citations, and would exclude information regarding this civil offense from the state's criminal record information system. Offenders age 18 or older would be subject to forfeiture of the marijuana plus a civil penalty of$100. Offenders under the age of 18 would be subject to the same forfeiture and,if they complete a drug awareness program within one year of the offense,the same$100 penalty. Offenders under 18 and their parents or legal guardian would be notified of the offense and the option for the offender to complete a drug awareness program developed by the state Department of Youth Services. Such programs would include ten hours of community service and at least four hours of instruction or group discussion concerning the use and abuse of marijuana and other drugs and emphasizing early detection and prevention of substance abuse. � The penalty for offenders under 18 who fail to complete such a program within one year could be increased to as much as $1,000,unless the offender showed an inability to pay,an inability to participate in such a program,or the unavailability of such a program. Such an offender's parents could also be held liable for the increased penalty. Failure by an offender under 17 to complete "such a program could also be a basis for a delinquency proceeding. The proposed law would define possession of one ounce or less of marijuana as including possession of one ounce or less of tetrahydrocannibinol ("THC'), or having metabolized products of marijuana or THC in one's body. Under the proposed law, possessing an ounce or less of marijuana could not be grounds fo[.state or local government entities imposing any other penalty, sanction, or disqualification, such as denying student financial aid, public housing, public financial assistance including unemployment benefits,the right to operate a motor vehicle,or the opportunity to serve as a foster or adoptive parent. The proposed law would allow local ordinances or bylaws that prohibit the public use of marijuana, and would not affect existing law, prac6ces, or policies conceming operating a motor vehicle or taking`other actions while under the influence of ` marijuana, unlawful possession of prescription forms of marijuana, or selling, manufacturing, or trafficking in marijuana. The money received from the new civil penalties would go to the city or town where the offense occurred. 8 November 4, 2008 State EZection, cont... Question#2[Non-criminalize Marijuana]cont... Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL YES 1097 1478 1390 1355 13171386 1342 1301 1202 11868 NO 582 618 609 624 602 654 670 585 631 5575 BLAN KS 57 51 68 72 65 46 46 56 58 519 QUESTION 3 Dog Racing This proposed law would prohibit any dog racing or racing meeting in Massachusetts where any form of betting or wagering on the speed or ability of dogs occurs. The State Racing Commission would be prohibited from accepting or approving any application or request for racing dates for dog racing. Any person violating the proposed law could be required to pay a civil penalty of not less than$20,000 to the Commission. The penalty would be used for the Commission's administrative purposes, subject to appropriation by the state Legislature. All existing parts of the chapter of the state's General Laws concerning dog and , horse racing meeting would be interpreted as if they did not refer to dogs. These changes would take effect January 1, 2010. � The proposed law states that if any of its parts were declared invalid,the other parts would stay in effect. { � Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL YES 1083 1362 1298 1344 1241 1257 1298 1247 1187 11317 NO 580 701 664 605 652 759 681 623 632 5897 BLANKS 73 84 105 102 91 70 79 72 72 748 QUESTION 4-This Question is Nonbinding. Reduce Greenhouse Emissions Shall the state representative from district be instructed to vote in favor of legislation that: (1) reduces greenhouse gas emissions in Massachusetts by 80% by 2020;and (2) phases out tax incentives for energy-intensive projects, while expanding job creation programs for locally-owned businesses and cooperatives involved in renewable energy, conservation, and sustainable agriculture? Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL YES 1191 1588 1473 1509 1350 1470 1460 1390 1293 12724 NO 252 262 243 272 283 304 299 259 294 2468 BLANKS 293 297 351 270 351 312 299 293 304 2770 **Election results include tally of overseas ballots and provisional ballots deemed eligible to be cast at a duly posted meeting of the Board of Registrars on Novernber 19, 2008. - , I A true copy. Attest: �1��-- �� Donna M. Hoop' , Town Clerk � .� � _ _ _ _____ __ _ --- __ ___ I _ 9 2008 SPECIAL TOWN MEETING November 17,2008 (See Warrant File for Warrant) Moderator Margery M. Battin called to order the Special Town Meeting of November 17, 2008 at � 7:30 p.m. at the Cary Memorial Building, 1605 Massachusetts Avenue. A quorum of 158 members was present. Moderator Margery 1VI. Battin honored the memory and contribution of 7 former town meeting members who recently passed away — Winifred Friedman, Robert Gary, H. Bigelow Moore, Mark Moore, Marian Reilly&Alan Wilson. E Moderator Margery M. Battin announced, after having served as Moderator for the past 22 years, she would not seek reelection as Moderator in the upcoming March 2009 Annual Town Election. Selectman Norman Cohen acknowledged the contributions of Mrs.Battin as Moderator and members recognized their appreciation with a standing ovation. Town Clerk Donna M. Hooper read the Warrant for the Meeting until waived. The Town Clerk read the Constable's Return of the Warrant. ARTICLE 1: REPORTS OF CONIlVIITTEES 7:44 p.m. Selectman Norman Cohen moved the Report of the Economic Development __ Advisory Committee be accepted&placed on file. Committee member Jolin McWeeney reported. Motion Unanimously Adopted. Selectman Norman Cohen moved the Report of the Town Manager on Financial Matters be accepted &placed on file. Town Manager Carl Valentereported. Motion Unanimously Adopted. Selectman Norman Cohen moved the Report of the Town Manager on Double Poles be accepted& placed on file. Town Manager Car1 Valente reported. Motion Unanimously Adopted. 8:02 p.m. Chairman Charles Hornig moved the Report of the Planning Board be accepted& placed on file. Mr.Hornig reported. Motion Unanimously Adopted. 8:OS�..m: ` John Bartenstein moved the Report of the Appropriation Committee be accepted& ��' placed on file. 1Vlotion Unanimously Adopted. � _ 8:06 p.m. Charles Lamb moved the Report of the Capital Expenditures Committee be accepted &placed on file. Motion Unanimously Adopted. ARTICLE 2: ZONING BY-LAW, CRO AND RO TO CD,95 HAYDEN AVENUE, 124-128 SPRING STREET 8:06 p.m. Presented by Edmund Grant,pr.6. MOTION: That this article be indefinitely postponed. Peter Nichols, Sr. Vice President/Partner,The Beal Companies,updated the members on the status of the plans for 124-128 Spring Street. 8:08 p.m. Motion Unanimously Adopted. � ARTICLE 3: AMEND FY2009 OPERATING BUDGET 8:08 p.m. Presented by Selectman Norman Cohen. � MOTION: (a)That the appropriations authorized under Article 4 of the 2008 Annual Town Meeting be amended as follows: Line Item Program From To 1100 Lexington Public Schools $64,548,189 $64,414,139 2400 Public Facilities $8,499,664 $8,869,428 3100-3500 DPW Expenses $4,539,101 $4,618,678 4100 Law Enforcement $4,697,662 $4,721,662 Personal Services ,� 4200 Fire/Medical Experises $458,466 $479,436 - 7200 Planning Expenses $9,859 $49,859 8210-8220 Town Manager Expenses $142,250 $199,750 And to meet this appropriation the additional funds will be raised in the tax levy. 8:09 p.m. Town 1Vlanager Carl Valente reviewed requested amendments: 8:14 p.m. Deborah Brown reported unanimous support of the Appropriation Committee. 8:15 p.m. David Kanter reported unanimous support of the - Capita.l Expenditures Committee. 1 o November 17, 2008 Special Town Meeting, cont........... 8:16 p.m. Town Manager Carl Valente responded to questions on fuel oil expenses. 8:17 p.m. Article 3 Motion Unanimously Adopted. ARTICLE 4: AMEND FY2009 ENTERPRISE FUND BUDGETS 8:18 p.m. Presented by Selectman Norman Cohen. MOTION: That the following appropriations authorized under Article 5 of the 2008 Annual Town Meeting be amended as follows: (a)That the appropriation to operate the Water Division of the Department of Public Works ` during fiscal year 2009 under the provisions of M.G.L. chapter 44, section 53F1/2 be changed from$6,545,020 to $6,487,028 by amending the following line item(s): , � From To i MWRA $ 4,623,873 $4,565,881 Assessment And that the total appropriation,as amended, shall be funded with$463,050 of Water Enterprise Fund reta.ined earnings with the remainder to be funded with water receipts. (b)That the appropriation to operate the Wastewater Division of the Departrnent of Public Works during fiscal year 2009 under the provisions of M.G.L. chapter 44, section 53F1/2 be changed from $7,148,801 to $7,062,609 by amending the following line item(s): From To MWRA $ 5,941,401 $ 5,855,209 Assessment � And that the total appropriation, as amended, shall be funded with wastewater receipts. � Mr.Cohen reported unanimous support of the Board of Selectmen. John Bartenstein reported unanimous support of the Appropriation Committee. 8:19 p.m. Motion Unanimously Adopted. 8:20 p.m. Betsey Weiss moved the Report of the Community Preservation Committee be accepted&placed on file. Motion Unanimously Adopted. Presented l�y Betsey Weiss, Community Preservation Committee. ARTICLE 5: LAND PURCHASE—OFF CEDAR STREET AND OFF ; HARTWELL AVENUE MOTION: That the Conservation Commission be authorized to purchase or otherwise acquire, and the Selectmen be authorized to take by eminent domain,upon the written request of the Conservation Commission, for conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, any fee, easement or conservation restriction as defined in Section 3.1 of Chapter 184 of the General Laws or other interest in all or any part of land shown as Lots 6A and 8 on Assessors' Property Map 73, now or formerly of Goodwin,that the sum of$181,517 be appropriated for such land � acquisition from the Open Space Reserve of the Community Preservation Fund fund balance. Richard Wolk reported on behalf of the Conservation Committee/Land Acquisition Committee,explaining requested funding for purchase of 2 parcels of land. 8:30 p.m. Peter Kelley reported unanimous support of the Board of Selectmen. 8:31 p.m. Charles Lamb reported unanimous support of the Capital Expenditures Committee. 832 p.m. - �ric Michelson reported unanimous support of the Appropriation Committee. Richard Wolk clarified requested funding amount. 8:32 p.m. Motion Unanimously Adopted. ARTICLE 6: HARRINGTON PRE-SCHOOL PLAYGROUND MOTION: . That$35,135, in addition to the $75,000 appropriated under Article 9(i) of the , Warrant for the 2008 Annual Town Meeting, be appropriated for the construction of the - Harrington Pre-School Playground and that to raise such amount$35,135 be appropriated from the Fund Balance Available for Appropriation Reserve (Undesignated Budgeted � Reserve) of the Community Preservation Fund. 8:33 p.m. Presented by Betsey Weiss, Community Preservation Committee (CPC). Ms. Wei.ss reported 9-0 support of the CPC for requested additional funding. Facilities Director Patrick Goddard further reviewed request. 8:39 p:m. Hank Manz reported unanimous support of the Board of Selectmen. David Kanter reported unanimous support of the Capital Expenditures Committee. Eric Michelson reported unanimous support of the Appropriation Committee. Discussion ensued on project estimates,the playground at the `old' Harrington School, other elementary school playgrounds,and potential vendors. . 8:50 p.m. Motion Unanimously Adopted. , ____-- __ _ --- -__ _ _ _ _ ___ � ____ __ __ _ _ __ ---- - _—_- -_ _ _ __ November 17, 2008 Special Town Meeting, cont.... ;1'1 ARTICLE 7: APPROPRIATE TO SPECIFIED STABILIZATION FUNDS - 8:50 p.m. Presented by Selectman Jeanne Krieger. � MOTION: That appropriations to the following sta.bilization funds be made from the sources and in the amounts specified. 1) $216,750.11 be appropriated to the Transportation Demand Management/Public Transportation Stabilization Fund, and to meet this appropriation$216,750.11 be transferred from the Lexpress Transportation Demand Management Special Revenue Account 2) $25,000 be appropriated to the Traffic Mitigation Stabilization Fund, and to meet this , appropriation$$25,000 be transferred from the Traffic Mitigation Special Revenue Account �� Mrs. Krieger reported the unanimous support of the Board of Selectmen. " Johri Bartenstein reported unanimous support of the Appropriation Committee. 8:52 p.m. Discussion ensued on use of requested funding. Selectman Norman Cohen reminded the members the vote was to deposit funds into the stabilization fund, and a future motion would require removal of funds. 8:53 p.m. The Moderator declared the Motion Unanimously Adopted. 8:55 p.m. Presented by Selectman George Burne1L ARTICLE 8: APPROPRIATE FOR MUNROE SCHOOL FEASIBILITY STUDY MOTION: That the Town appropriate $35,000 for architectural and engineering services to assess the feasibility of adapting the Munroe School as a community/senior center,to be spent under the direction of the Town Manager, and that to meet this appropriation$35,000 be raised in the tax levy. [John Hayward,pr.5,filed his intent to absta.in from voting on this article due to his position on the Board of Directors of the Munroe Center for the Arts.] Selectman Burnell reported the unanimous opposition of the Board of Selectmen to this motion. David Kanter reported the unanimous support of the Capital Expenditures Corr�mittee. � Pam Hoffman reported the support of a majority(5-1) of the Appropriation Committee. j - - 9:12 p.m. Discussion ensued on the potential use of the Munroe building,Barnes property, and other building needs. 9:20 p.m. Eric Michelson responded to an inquiry on his minority opinion on the Appropriation Committee. � Discussion ensued,with members speaking in support and opposition and questioning school needs, human service, and senior needs. � 937 p.m. Paul Lapointe responded, as a member of the Council on Aging,to projected space needs for a senior center and possible approaches. 9:42 p.m. Alan Wrigley moved the question. Motion Adopted. 9:43 p.m. Selectman Peter Kelley summarized the opposition of the Board of Selectmen. 9:46 p.m: Motion Not Adopted. 9:46 p.m. Presented by Selectman Norman Cohen. ARTICLE 9: APPROPRIATE FOR PRIOR YEARS' UNPAID BILLS MOTION: That this article be indefinitely postponed. Selectman Norman Cohen reported unanimous support of the Board of Selectmen. 9:48 p.m. Selectman Norman Cohen moved to dissolve Special Town Meeting . Motion Unanimously Adopted. A true copy. Attest: � M , ��'1/U�.�-� �Z� ; � . " Donna M.Hooper,Town Cler f 1x2 WARRANT FOR TOWN ELECTION — (SEE WARRANT FILE) TOWN ELECTION — Rescheduled from MARCH 2, 2009 to MONDAY, MARCH 9, 2009 In pursuance of the foregoing warrant, and subsequent Order of the Superior Court postponing the Annual Town Election due to severe weather conditions, the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Monday, March 9, 2009, at 7:00 a.m. COI�T�lIO��'�4Z.IIi O�:l�L4SSA£:HtiSETTS 1IIDDLESE�,ss. StiPERI012 C(3LRT \O. L1 RE:TO��'\OF LE�GT01 l ORIJER It l�as been pi�sented to tlie Co�ui that an e�tnordiva�y suo«�stanu is pre�lictecl for :bi�rc�?,3009,azid ihat this snowstoxxri lvill mal:e it eytremzly daubtfiil�-hether the Totiry of Le�instoFi��°ill Ue aUte fo pmvide aclequate aecess to ttte poIls for the lacz�l eiection scliectuled fer Aiarcl�2,2U09.ThereTore;I lie��eUS autliorize the Town to postpane said electiou uutil . �farcG 9,��49,and saic!To��n slEall pubticize the rescheduled elections hy postin�a copy of tlFe Couirt'�order�nd thi•ot�git�t�haiever otlier reasonaUle�neans are liF:ely to enable eli��ble �-oteas to lsana aboi�Y the resche3uled electious in tiiue to cast ballots tl�erein.Ballots piinted for tlie elzction as originaliy scheduled uti�y be used for tlie rescheduled election�bsentee ballots recziced by ffie To��n Clerk on or befare��tarcl;6.2009,shall Ue pi•oc�sed and coi�uted for fhe rescheduled election. S.Jane Haae�rty 7ustice of iFte Snpeiior Cornt Daiect:�Isrcli 1.2009 The following places were designated as the voting places for the various precincts: Precinct One, Cary Memorial Building; Precinct Two, Bowman School; Precinct Three, Jonas Clarke Middle School; Precinct Four, Bridge School; Precinct Five, Cary Memorial Building; Precinct Six, William Diamond Middle School; Precinct Seven, Joseph Estabrook School; Precinct Eight, Central Fire Station; Precinct Nine, Maria Hastings School. �---� , The election officers and Wardens were assigned for duty as follows: ; � Precinct 1: Warden: Richard Pemberton [U]; Clerk: Barry Sampson [U]; Inspectors: Edwina Spillane [U], Richard Spillane [U], Jeanette Cerulli [D], Doris Pemberton [U], William Barrett [R], Margaret Kelly [U], Leonora Feeney[D], Carol Sampson [U]. Precinct 2: Warden: Rebecca Fagan [U]; Clerk: Richard Eaton [U], Inspectors: Susanne Hays [U]; Dorothy Bond [U], Charles Freeman [R], Marita Hartshorn [D], Robert Hartshorn [D], Joseph Pato [D], Mary Ellen Turner[D], . Precinct 3: Warden: Shirley R. Frawley [D]; Clerk: Faith Fenske [U]; Inspectors: M. Elinor Greenway [D], William Frawley [D], Maarib Bazzaz [D], Dorothy Bolduc [U], Ann Canter [D], L. Susan Conway[U], Anthony Sacco [U], Laura Welby[U]. Precinct 4: Warden: Thomas Costello [R]]; Clerk: Arthur Katz [D]; Inspectors: Beverly Aker [U], Dana Regillo [R], Gloria Curran [U], Eleanor Smith [U], Evangeline Puopolo [U], Gloria Curran [U], John Yanakis [U]. Precinct 5: Warden: Marie Hill [U]; Clerk: Josephine Bailey [U]; Inspectors: Linda Cohen [U], T. John Quinlan [Rj, Alice D. Stringos [U], Raymond Massey [D], Loyola Carroll [U], Audrey Deshler [D], Barbara Manuel [U], Joaquim Manuel [U], Mary Tashjian [U]. Precinct 6: Warden: Dorothy Boggia [U]; Clerk: Ann Webster [UJ; Inspectors: Hazel Graham ED], Charles Price [U], Barbara Simmons [R],William Simmons [R], Pamela Marshall (U], Lorraine Setterlund [D]. Precinct 7: Warden: Alice Pierce [D]; Clerk: Margaret Bradley [D]; Inspectors: Mary Ayvazian [D], Isabelle Bennett[R�, Mabel Amar [D], Charlotte Ford [D], Angela Marcucci [U], Jyoti Rao [D], Susan Solomon [U], Jane Trudeau [D]. Precinct 8: Warden: Leo Chudigian [U]; Clerk: Judith Chudigian [U]. Inspectors: Elinor Bettencourt [R], Anthony Montagna [U], Ann Diamond [U], Barbara Perrotta [U], Salvatore Casella [D], Anne B. O'Neill [U]. Precinct 9: Warden: Shirley Ament-Bergey [D], Clerk: Renee Reynolds [U]; Inspectors '+ Gertrude Cullinane [U], Sonia DeMarta [D], Carole Scalise [U], Judith Schuler [U], Clark Schuler ' [U], Harry Farrington [U], The election officers were sworn to the faithful performance of their duties. The polls were declared open in each precinct at seven o'clock A.M. and remained open until eight o'clock p.m., at which time, after due notice, the polls were declared closed. � Election results were delivered to the Town Clerk at the Town Office Building. 16% of the registered voters cast their vote. The Town Clerk canvassed results as follows: _ �- _.-___ __ __- --__-_ _ _ _ _ _ _ ___ _ __ . I March 9, 2009 Annual Town Election, cont........ ,.'�:3 ABSENTEE BALLOTBREAKDOWN Applications Total Ballots Returned Ballots Counted Pct Processed Ballots Late/Undeliverable/Rej Retumed ected 1 11 11 3 8 2 20 20 0 20 3 31 31 4 27 . 4 32 32 2 3p 5 33 30 3 30 '6 27 27 4 23 7 26 26 0 26 - 8 28 28 1 27 9 19 19 5 14 Totals 227 224 22 199 r_„ � Total of 20,949 re istered voters eli ible to vote as of Februa 10, 2009. Precincf 1 2 3 4 5 6 7 8 9 Total `� " Total Reg. 2,079 2,441 2,446 2,349 2,335 2,390 2,412 2,262 2,235 20,949 Democrat 806 1052 969 1038 910 996 966 867 793 8,397 _ . Republican 215 219 270 223 288 319 250 263 245 2,292 Libertarian 2 0 1 3 1 3 3 1 2 16 Unenrolled 1,054 1,161 1,199 1,080 1,131 1,071 1,189 1,125 1,190 10,200 AllOthers 2 9 7 5 5 1 4 6 5 44 TOWNWIDE OFFICES PCT 1 PCT 2 PCT 3 PCT 4 PCT 5 PCT 6 PCT 7 PCT 8 PCT 9 TOTAL TOTAL VOTERS 2,079 2,441 2,446 2,349 2,335 2,390 2,412 2,262 2,235 20,949 Total Votes 252 421 336 394 ` 343 437 372 406 322 3,283 ' Percent 12% 17% 14% 17% 15% 18%0 15% 18% 14% 16% SELECTMEN(Vofe for TWO;for THREE Year.$) PCT 1 PCT 2 PCT 3 PCT 4 PCT 5 PCT 6 PCT 7 PCT 8 PCT 9 TOTAL PETER C.J.KELLEY 173 297 204 269 233 303 270 284 241 2,274 BLANK 78 121 131 121 109 131 102 121 78 992 ALL OTHERS 1 3 1 4 1 3 0 1 3 17 � � MODERATOR(Vote for ONE;for ONE Year) � PCT 1 PCT 2 PCT 3 PCT 4 PCT 5 PCT 6 PCT 7 PCT 8 PCT 9 TOTAL DEBORAH J.BROWN 173 291 217 287 239 301 285 291 240 2,324 BLANK 78 128 118 106 103 134 86 114 80 947 _ ALL OTHERS 1 2 1 1 1 2 1 1 2 12 SCHOOL COMMITTEE(Vote for ONE;for THREE Years) PCT 1 PCT 2 PCT 3 PCT 4 PCT 5 PCT 6 PCT 7 PCT 8 PCT 9 TOTAL. PATRICK R:MEHR 77 124 116 137 117 155 131 122 129 1,108 JESSIE STEIGERWALD 171 322 242 299 240 _ 323 271 331 244 2,443 S MARY ANN STEWART 193 291 213 282 228 284 244 275 201 2,211 � BLANK 63 105 99 69 101 112 97 82 68 796 ALL OTHERS 0 0 2 1 0 0 1 2 2 8 PLANNING BOARD(Vote for TWO;for THREE Years) PCT 1 PCT 2 PCT 3 PCT 4 PCT 5 PCT 6 PCT 7 PCT 8 PCT 9 TOTAL RICHARD L.CANALE 144 239 185 237 189 240 228 232 225 1,919 GREGORY L.C. ZURLO 145 234 171 239 179 227 211 234 196 1,836 E . BLANK 215 368 316� 312 316 403 304 345 218 2,797 ALL OTHERS 0 . 1 0 0 2 4 1 1 5 14 LEXINGTON HOUSING AUTHORITY(Vote for ONE;for F1VE Years) PCT 1 PCT 2 PCT 3 PCT 4 PCT 5 PCT 6 PCT 7 PCT 8 PCT 9 TOTAL MELINDA M. WALKER 149 265 172 ,252 196 252 220 268 210 1,984 BLANK 102 154 164 142 147 182 151 138 111 1,291 ALL OTHERS 1 2 0 0 0 3 1 0 1 8 1� March 9, 2009 Annual Town Election, cont........ TOWN MEETING MEMBERS PRECINCT 1 — Seven for Three Years Total Total *JOEL A.ADLER 148 *JOSEPH S.RANCATORE 171 *JEAN W.COLE 152 "MARY ANN STEWART 184 � *SCOTT W.MALONEY 133 *JUDITH L.ZABIN 158 *JAMES M.MURPHY 147 Blanks 671 "elecfed for 3 years PRECINCT 2— Seven for Three Years; One for One Year Total Total ,—.�, *MARIAN A.0.COHEN 247 *JAMES S.WILSON 243 j *ROBERT W. CUNHA 238 *MARY S.MCNAMARA 253 ' I *KENNETH M.KREUTZIGER 235 Andrew McAleer 3 --� "STEVEN A.KROPPER 254 Lucy A.Wall 1 *DOUGLAS M.LUCENTE 231 M.Lorraine West 1 "*MICHAEL J.0'SULLIVAN 228 Blanks 1,434 *elected for 3 years; **elected for 1 year PRECINCT 3 — Seven for Three Years; Two for One Year Total Total *DARWIN P.ADAMS 186 *REID E.ZURLO 157 - *SAMUEL BERMAN 214 HELEN EPSTEIN 117 *ROBERT N.COHEN 147 *ROSEMARY DONNIS LEVY 171 �*RICHARD L. NEUMEIER 142 *JAMES M.SHAW 168 *ROBERT ROTBERG 193 **JOHN TSE 124 Blanks 1,405 "elected for 3 years; "�elecfed for 1 year PRECINCT 4— Seven for Three Years Total Total *GLORIA J. BLOOM 231 "GERALD PAUL 220 *PETER DAVID ENRICH 262 *JOHN M.PATRICK 219 *JILL I.HAI 264 Susan McLeish 17 . *DAVID J.HARRIS 225 Sarah Michaels 2 *ELLEN JO MCDONALD 232 Blanks 1,086 *elected for 3 years "� � PRECINCT 5— Seven for Three Years; One for One Year �J Total Total *ELAINE DRATCH 210 �`DAVID E.BURNS 140 "JOHN HAYWARD 165 *LISA L.SMITH 194 "JOSEPH G.LAHIFF 164 *CAROLINE R.THENEN 142 *JAMES R.LOWRY 187 MATTHEW A.THENEN 112 *SAM SILVERMAN 189 Sally Huebscher 1 Blanks 1,240 *elected for 3 years "elected for 1 year PRECINCT 6 — Seven for Three Years Total Total *BEBE H.FALLICK 262 *TODD J.CATALDO 151 *EDMUND C:GRANT 275 JOHN R. HOLT 148 *ANN FORBES KANE 275 Ellen Andersson 2 *JANE PAGETT 264 James M. Smith 2 *EDITH SANDY 268 Marie Hill 1. *SHELDON A.SPECTOR 230 Eleanor Levingston 1 Blanks 1,180 *elecfed for 3 years PRECINCT 7— Seven for Three Years Total Total *MARSHA E.BAKER 199 "ALAN A.WRIGLEY 148 "DONALD 0.BENSON 173 NICHOLAS ALEXANDROU 68 I *KEITH HOFFMAN 136 JAY B. EIDSON 129 *SHERYL R. MAHONEY 217 AMANDA PETTINGILL 107 *FRED H.MARTIN 175 Michael Barg 2 *JAMES C.WOOD,JR. 179 David Needham 1 Blanks 1,070 *elected for 3 years _--- ---- _-__ ---------__ _ _ _ __ _ � __ _-- _- __ __ __ __ _ _ ____- _ March 9, 2009 Annual Town Election, cont........ 1 rj PRECINCT 8 - Seven for Three Years; One for One Year � Total Total *LARRY N.BELVIN 226 **MARGARET S. ENDERS 215 *WILLIAM HERRING 216 *DEBORAH N.MAUGER 219 '`INGRID H.KLIMOFF 235 Richard Battin 1 *JESSIE STEIGERWALD 298 Lorraine Foumier 1 *SHIRLEY H.STOLZ 219 Carolyn Tiffany 1 "DIANE M. BIGLOW 216 Blanks 1,401 'elected for 3 years *"elecfed for 1 year PRECINCT 9 —Seven for Three Years Total Total ' SHIREEN AHMED 158 "THOMAS R. DIAZ 184 "NARAIN D. BHATIA : 172 Anthony Close 1 *RICHARD L.CANALE 190 Stephen Rauscher 1 *HELEN L. COHEN 219 Francine Stieglitz 1 *MOLUE K.GARBERG 180 Dorris Traficante 1 *WILLIAM P. KENNEDY 184 Blanks 782 *JANET M. PERRY 181 *elected for 3 years f: A true copy. � �' Attest: �`i'?1iUi.�- � � /��--� Don a M. Hooper, Tow ` lerk , Deborah J, Brown, 47 Robinson Rd, resigned as a Town Meeting Member from Precinct 7 effective March 10, 2009. As Ms. Brown�was elected as Moderator at the Annual Town Election held March 9, 2009, she is now a Town Meeting Member At-Large in �accordance with Chapter 215, Section 3 of the Acts of 1929. Jay B. Eidson, 50 Gleason Rd, received the highest number of votes as a defeated candidate for Town Meeting from Prec�inct 7 at the March 9, 2009 Annual Town Election. As of March 16, 2009 Mr. Eidson's acceptance of the position to fill the vacancy caused by the resignation of Ms. Brown (exp. 2011) has been filed with the Town Clerk. This ! term will expire March 2010. , � �� 2009 Annual Town Meeting March 23,2009 (See Warrant File for Warrant) The first session of the 2009 Annual Town Meeting was called to order by Moderator Deborah J. Brown at 7:30 p.m., Monday, March 23, 2009, Cary Memorial Hall; a quorum of 179 present. The Le�ngton Minutemen, accompanied by the William Diamond Fife and Drum Corps,posted the colars. The Moderator honared town meeting members Susan Beck, Martin Gillman&Eric Mollo- Christianson who passed away during the past year. The Master Singers of Lexington, directed ' by.Adam Grrossman,provided a musical invocation. � 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, in her first role of newly elected Moderator, outlined procedural matters and plans for upcoming sessions. The Moderator declared the meeting open under Article 2, and would be for the duration of the meeting. 8:06 p.m� ARTICLE 2: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES John Rosenberg moved the Report of the Cary Lectures Committee be accepted and placed on file. Unanirnously Adopted. Mr. Rosenberg presented the Committee's report. 8:10 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. Unanimously Adopted. 8:10 p.m. Selectman Norman Cohen moved articles be Article 32-41 be taken up out of order. Unanimously Adopted. 8:13 p.m. Presented by Selectman Jeanne Krieger. ARTICLE 32: AMEND GENERAL BY-LAW— NOISE Anthony Galaitsis, Chairman,Noise Advisory Committee,provided a brief review. o MOTION: That this article be indefinitely postponed. � � 8:14 p.m. Motion Adopted � � � � o � M � 8:15 p.m. Presented by Selectman George Burnell. �,� � ARTICLE 33: AMEND GENERAL BYLAW— CAPITAL EXPENDITURES � � �, COMMITTEE o � � MOTION: That Chapter 29 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 � a this bylaw be permitted in order that it be in compliance with the numbering �o � format of the Code of Lexington. b � ARTICLE WARRANT TEXT: o � � To see if the Town will vote to amend §29-13B of the Code of the Town of Lexington by a � � adding the words "or otherwise distributing" after the words "and by mailing"; or act in - �� , any other manner in relation thereto. Mr. Burnell reported unanimous support of the Board of Selectmen. 8:16 p.m. UnanimouslyAdopted. �--, 8:17 p.m. Presented by Selectman Norman Cohen. �J ARTICLE 34: 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 be raised to $50,000. 8:17 p.m. Victoria Blier, Co-Chair, Tax Deferral and Exemption Committee, reported. 8:22 p.m. Norman Cohen reported unanimous support of the Board of Selectmen. John Bartenstein reported unanimous support of the Appropriation Committee. 8:22 p.m. Selectman Cohen and Co-Chair Blier responded to questions regarding age and income eligibility. 8:25 p.m. Unanimously Adopted. __---__------__ -- ----- __ __ _---- --- -- _-- ____ _ _ __ _ -_ __ __ ---- ---_ _-__ _— _ f March 23, 2009 Annual Town Meeting, cont... '�7 8:25 p.m. Presented by Selectman Norman Cohen ARTICLE 35: ESTABLISH DEMAND CHARGE FOR DELINQUENT TAXES MOTION: That the fee for a demand notice for payment of delinquent taxes pursuant to Section 15 of Chapter 60 of the Massachusetts General Laws be fifteen dollars. Selectman Cohen presented the requested action and reported the unanimous support of the Board of Selectmen. Alan Levine reported the unanimous support of. the Appropriation Committee. Selectman Cohen responded to questions regarding the fee amount identified. 8:27 p.m. Unanimously Adopted � i 8:28 p.m. Presented by Beverly Kelley,pr.4. ARTICLE 36: AMEND HISTORIC DISTRICTS ACT (CITIZENS' PETITION) MOTION: That this article be indefinitely postponed. 8:28 p.m. Selectman Peter Kelley responded to questions on Indefinite Postponement. 8:30 p.m. Unanimously Adopted 8:32 p.m. Presented by SelectmanNorman Cohen ARTICLE 37: RECONFIGURE AND ABANDON EASEMENT MOTION: That the Board of Selectmen be and they hereby are authorized to abandon all or a portion of an existing public travel easement along the westerly property line of lot 68 on Assessors' Property Map 29, known as 7 Page Road, now or formerly of Zales, and more fully described in a deed dated November 2, 1959 recorded in Middlesex South Registry of Deeds, Book 9492, Page 188. 8:32 p.m. Selectman Cohen reviewed, reported the unanimous support of the Board of Selectmen, and responded to questions from the members concerning easement location, ownership,property valuation and abutter notifications. � 8:42 p.m. Motion Declared Adopted by more than the necessary two-thirds. 8:43 p.m. Presented by Selectman George Burnell. ARTICLE 38: PETITION GENERAL COURT FOR MUNICIPAL UTILITY ACT f MOTION: That the Town supports the passage by the General Court of legislation ' enabling municipalities to more easily establish municipal lighting plants, and that the " Board ofi Selectmen be and they thereby are authorized to petition the General Court for an Act to accomplish the same result for Lexington alone. Selectman Burnell explained action is a reaffirmation of town meeting votes taken in 2005 and reported the support of the Board of Selectmen. Eric Michelson reported the unanimous support of the Appropriation Committee. Motion Unanimously Adopted. 8:46 p.m. Presented by Selectman Peter Kelley. ARTICLE 39: PETITION GENERAL COURT FOR MID-YEAR TAX RELIEF FOR PROPERTY LOSS FROM FIRE MOTION: That the Board of Selectmen be and they hereby are authorized to petition the General Court for an Act to authorize the Town to abate or refund taxes received, as the case may be, whenever in any fiscal year beginning in Fiscal Year 2009, the assessed value of real estate is decreased.by over 50 percent as the result of fire or natural disaster, in an amount to be calculated based on a reassessed value of the improvement. - 8:47 p.m. Selectman Norman Cohen announced his recusal from voting on this motion. Selectman Peter Kelley reported the support of the Board of Selectman. Richard Eurich,pr.3,reported the support of the Appropriation Committee with a vote of i8 in favor, 0 opposed, and an abstention by Susan McLeish. -� Selectman Peter Kelley and Town Manager Carl Valente responded to questions regarding years covered and property values. Citizens Peter Sarajian and Matthew Sarajian, 259 Bedford Street and recent victims of a household fire, spoke in support. 8:51 p.m. Motion Adopted. 18 March 23, 2009 Annual Town Meeting, cont... . 8:52 p.m. Presented by Andrew Friedlich;pr.5. ARTICLE 40: RESOLUTION — USE OF REUSABLE BAGS (c�T�zENS' PETITION) . MOTION: That the Town adopt the following resolution: Whereas the use of paper and plastic bags are so harmful to the environment and so wasteful of our limited natural resources; Be it resolved that the town of Lexington affirms its strong opposition to the reliance on paper and plastic bags and recognizes the importance of the wider use of reusable and biodegradable bags by both citizens and merchants. Ms. Gail Washor-Liebhaber, 40 Cottage St., spoke and requested support. � 8:57 p.m. George Burnell reported unanimous support of the Board of Selectmen. , Mr. Burnell and Ms. Washor-Liebhaber responded to recycling questions. 9:04 p.m. Motion Adopted. 9:05 p.m. Presented by Adam Sacks. ARTICLE 41: FORM COMMITTEE — CLIMATE CHANGE (CITIZENS' PETITION) MOTION: That this article be indefinitely postponed. Mr. Sacks presented reasons for indefinite postponement. 9:13 p.m. Unanimously Adopted. 9:14 p.m. Selectman Norman Cohen moved Article 42 be taken up at this time. Following a brief discussion Motion Adopted. 9:16 p.m. Presented by Patrick Mehr,pr.3. ARTICLE 42: DOUBLE UTILITY POLES (CITIZENS' PETITION) MOTION: That the following resolution be adopted: WHEREAS MGL, Chapter 164, Section 34B requires pole owners (Verizon and NStar in Lexington) to remove double utility poles within 90 days, with no penalty for violation; WHEREAS the Acts of 2003, Chapter 46, Section 110 required the Department of ,-� Telecommunications and Energy (DTE) to issue a report relative to reducing the number of double utility poles within the Commonwealth, with recommendations and proposed legislation '� for enforcement of MGL, Chapter 164, Section 34B; WHEREAS since DTE recommended on November 28, 2003 "[...]that a penalty mechanism not be implemented until there is additional experience with the operation of the PLM [the utilities' Pole Lifecycle Management system]" (Docket No. DTE 03-87 report), there is now over five years of additional experience with PLM; WHEREAS Verizon's Vice President of External Affairs told the Selectmen on October 30, 2006 "we should [...] in a six-month time period be largely through our backlog of[243] double poles", yet 195 double poles still exist more than two years later; WHEREAS at least 176 double poles are in violation of MGL, Chapter 164, Section 346 as of March 15, 2009. THEREFORE, be it resolved that the Lexington Town Meeting: • endorses bills S1482 and S1543 filed by Senators Donnelly and Tucker regarding fines for violation of MGL, Chapter 164, Section 34B; • asks its representatives in the Great and General Court to support bills S1482 and S1543; • asks the Selectmen to request in writing that the Departments of Public Utilities and of r Telecommunications and Cable (DPU and DTC) answer the Selectmen's August 11, 2008 ! letter and that the DPU and DTC recommend under pocket No. DTE 03-87 to the Legislature that fines be instituted for violation of MGL, Chapter 164, Section 34B; • requests the Town Clerk to transmit this resolution to the House and Senate Chairs of the Joint Committee on Telecommunications, Utilities and Energy, to DPU and DTC and to Lexington's representatives in the Great and General Court. ------------------------ 9:22 p.m. Norman Cohen reported the support of a majority of the Board of Selectrnen. 9:23 p.m. Members spoke in favor and in opposition, citing concerns with pole locations, sidewalk conditions,progress of and follow-up with Verizon. 9:37 p.m. Gerald Paul,pr. 4 moved the previous question. __ _- ----------- __.-- -_---- __ _ � ____ March 23, 2009 Annual Town Meeting, cont... �9 9:37 p.m. Motion Adopted � 9:37 p.m. Patrick Mehr,pr.3, summarized his points to the motion. 9:39 p.m. Motion Adopted. 9:40 p.m. Selectman Norman Cohen complimented the Moderator on her first night as Moderator. Selectman Cohen moved the meeting be adjourned to Wednesday, March 25,2009 at 7:30 p.m., Cary Memorial Hall. Motion Adopted. A true copy. Attest: ' �,�� Donna M. Hooper, Town Clerk � _� March 25,2009 Adjourned Session of the 2009 Annual Town 1Vleeting The second session of the 2009 Annual Town Meeting was called to order by Moderator Deborah J. Brown at 7:30 p.m., Wednesday, March 25, 2009, Cary Memorial Ha11; a quorum of 170 present. 7:30 p.m. ARTICLE 2: REPORTS OF TOWN BOARDS, OFFICERS,COMMITTEES Selectman Norman Cohen requested the Moderator recognize Town Manager Carl Valente for a presentation. Town Manager Valente presented the Report of the Town Manager. 8:17 p.m. Selectman Norma Cohen moved the report of the Town Manager be accepted& placed on file. Unanimously Adopted. 8:18 p.m. Robert Cunha, Chairman of Lexington Retirement Board presented an oral status report and moved the report be accepted. Motion Adopted. 8:22 p.m. Moderator declared a recess. 8:33 p.m. Moderator declared the meeting back in session and recognized j Superintendent Paul Ash for the Report of the Superintendent. _: 8:34 p.m. Superintendent Paul Ash presented his report. 9:02 p.m. Margaret Coppe,pr. 9, moved the Report of the Superintendent be accepted&placed on file. Motion Adopted. 9:03 p.m. Roderick Cole,pr.9, moved the Moderator recognize Robert Boudreau, Co-Chair, School Financial Review Committee. Motion Adopted. Robert Boudreau, 5 Wingate Rd.,presented Report of the School Financial Review Committee. 9:12 p.m. Roderick Cole,pr.9,moved the Report of the School Financial Review Committee be accepted and placed on file. Motion Adopted. 9:13 p.m. Norman Cohen moved Articles 7, 20 and 21 be taken up at this time. - Unanimously Adopted. 9:13 p.m. Presented by Gerald PauL ARTICLE 7: APPROPRIATE FOR STREET TREES (CITIZEN' PETITION) MOT10N: That this articie be indefinitely postponed. Mr. Paul summarized last year's achievements. Susan McLeish reported the support of Appropriation Committee (8-0) for Indefinite Postponement. 9:15 p.m. Unanimously Adopted. � [9:20 p.nz.-James Wood,p�.7, served notice of�econsideration on Article 7J - 9:15 p.m. Presented by Richard Neumeier,pr.3. ARTICLE 20: STREET ACCEPTANCE —PITCAIRN PLACE (CITIZENs' PETITION) MOTION: To establish as a Town way and accept the layout of Pitcairn Place, a distance of 500 feet, more or less, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated March 16, 2009, subject to the assessment of betterments; to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; to appropriate $125,000 for such street construction; and to raise such amount the Treasurer with the approval of the Board of Sefectmen is authorized to borrow $125,000 under G.L. c. 44, § 7(5), or any other enabling authority. 20 March 2S, 2009 Annual Town Meeting, cont... 9:15 p.m. Richard Neumeier presented requested action. 9:18 p.m. Peter Kelley reported unanimous support of Boaxd of Selectmen. Susan McLeish reported the support of Appropriation Committee (8-0-1). Charles Hornig reported the support of Planning Board. 9:19 p.m. Motion Declared Adopted by more than the necessary two-thirds vote. 9:I9 p.m.[Frank Sandy,pr.6, served notice of reconsideration of Article 20J 9:21 p.m. Presented by Selectman Peter Kelley. . ARTICLE 21: STREET ACCEPTANCE —WISTERIA LANE MOTION: To establish as a Town way and accept the layout of Wisteria Lane from Colony Road to end, a distance of 330 feet, more or less, as laid out by the Selectmen and shown upon a plan on file in the o�ce of the Town Clerk, + dated September 20, 2008, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefore. - 9:21 p.m. Charles Hornig reported the support of Planning Board. Selectman Peter Kelley responded to the question on how the Pitcairn Place development had not previously been accepted,to which Charles Hornig responded further. 9:24 p.m. Motion Declared Adopted by more than the necessary two-thirds vote. 9:24 p.m.[Frank Sandy,pr.6, served notice of reconsideration of Article 21J 9:25 p.m. Selectman Norman Cohen moved the meeting be adjourned to Monday, March 30, 2009 at 7:30 p.m., Cary Memorial Hall. Unanimously Adopted. A true copy. Attest: ��' Donna M. Hooper, Town Clerk ---------------------------------- March 30,2009 Adjourned Session of the 2009 Annual Town Meeting " ; The third session of the 2009 Annual Town Meeting was called to order by Moderator Deborah J. Brown at 7:30 p.m., Monday, March 30,2009, Cary Memorial Hall; a quorum of 180 present. The Moderator outlined plans for the evening's meeting. 7:44 p.m. The Moderator declared the meeting to be in recess for presenta.tions to Lexirigton High School students to be recognized, by Representative Jay Ka�finan and Lexington High School Principal Natalie Cohen, for their excellence. 7:59 p.m. The meeting having been called back in session, Alan Levine, pr.8, moved the Report of Appropriation Committee be accepted and placed on file. Mr. Levine, Committee Chairman,reported. 8:14 p.m. Unanimously Adopted. � 8:15 p.m. David Horton,pr.8, moved the Report of the Superintendent of Minuteman Regional Vocational High School be accepted and placed on file. Mr. Horton thanked Lexington's school department for its collaboration with the Minuteman school. 8:16 p.m. Superintendent Edward Bouquillon reported. 8:28 p.m. Unanimously Adopted. ' 8:28 p.m. Selectman Norman Cohen moved Article 27 be taken up. Unanimously Adopted. 8:29 p.m. Presented by Selectman Norman Cohen. ARTICLE 27: ESTABLISH STABILIZATION FUND FOR MINUTEMAN REGIONAL �_ VOCATIONAL SCHOOL DISTRICT MOTION: That the Town hereby approves the establishment of a Stabilization Fund by the Minuteman Regional Vocational Technical School District, beginning July 1, 2009, pursuant to Section 16 G '/ Chapter 71 of the Massachusetts General Laws. Norman Cohen reviewed and reported unanimous support of the Board of Selectmen. 8:30 p.m. Eric Michelson reported the unanimous support of Appropriation Committee. 8:32 p.m. Superintendent Bouquillon responded to questions on free cash, stabilization fund purpose, and procedures for appropriations from the fund. Town Counsel William Lahey explained appropriation procedures. � 8:39 p.m. Unanimously Adopted. ___ __ ----—--- --- _ ---_ _ _ � _- —- -- . . _ March 30, 2009 Annual Town Meeting, cont... 2� 8:39 p.m. Presented by Selectman Norman Cohen. ARTICLE 4: APPROPRIATE FY 2010 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 2010Budget Program 1000: Education 1100 Lexington Public Schools Personal Services $ 55,926,576 Expenses $ 11,031,717 Total Line Item 1100, Lexington Public Schools $ 66,958,293 � 1200 Regional School $ 1,711,554 Program 2000: Shared Expenses 2100 Benefits . 2110 Contributory Retirement $ 3,643,396 2120 Non-contributory Retirement $ 42,000 2130 Employee Insurance $ 22,874,458 Amended March 30; 2009: Resolution: Whereas Lexington's escalating health care costs have been and are continuing to consume a significant proportion of Lexington's allowable 2%percent increase in the tax levy,and Whereas options for realizing savings in health care costs for municipalities and towns are severely limited by currenf state/aw,and Whereas the Commonwealth of Massachusetts is exempt from any requirement to negotiate and receive approval to implement significant changes in its health insurance p/ans through its Group/nsurance Commission(G/C),and Whereas the Commonwealth of Massachusetts and all its cities and town face an unprecedented economic crisis that will dramatically impact public finances for a/east the next two years, Now, therefore,the Town of Lexington petitions the Govemor of Massachusetts and the Senate and House of Representatives to enact legislation to allow municipalities to modify health care plan design without the reguirements of collective bargaining such that municipalities can,in a timely manner,either(9)join the G/C;or(2)offer health care plans to employees that are comparable to the offerings of the G/C,provided that the co-payments and deductibles of such plans do not exceed those of the GlC. 2140 Unemployment $ 267,300 ` 2150 Workers'Compensation*(M.G.L. Ch.40, Sec. 13 A& 13 C) $ 351,625 , 2160 Property&Liability Insurance $ 611,497 "� 2170 Uninsured Losses* (M.G.L. Ch.40, Sec. 13) $ 100,000 2200 Debt Service 2210 Payment on Funded Debt $ 3,622,390 2220 Interest on Funded Debt $ 660,650 2230 Temporary Borrowing $ 188,393 2300 Reserve Fund 2300 Reserve Fund $ 550,000 2400 Public Facilities 2400 Public Facilities $ 8,863,432 Program 3000: Public Works 3100-3500 DPW Personal Services $ 3,200,625 3100-3500 DPW Expenses $ 4,732,743 Program 4000: Public Safety 4100 Law Enforcement Personal Services $ 4,799,757 4100 Law Enforcement Expenses - $ 468,628 4200 Fire/Medical Personal Services $ 4,400,118 4200 Fire/Medical Expenses $ 470,368 ' Program 5000: Culture&Recreation 5100 Library Personal Services $ 1,702,930 5100 Library Expenses $ 249,400 Program 6000: Social Services � 6100-6200 Social Services Personal Services $ 409,285 6100-6200 Social Services Expenses $ 171,578 -- Program 7000: Community Development 7100 Community Development Personal Services $ 883,778 7100 Community Development Expenses $ 116,397 7200 Planning Personal Services $ 227,2gp 7200 Planning Expenses $ 9,850 7300 Economic Development Personal Services $ 86,000 7300 Economic Development Expenses $ 6,666 Program 8000: General Govemment 8100 Board of Selectmen _ 8110 Board of Selectmen Personal Services $ 81,612 8110 Board of Selectmen Expenses $ 75,825 8120 Legal Services $ 375,000 22 MaYch 30, 2009 Annual Town Meeting, cont... 8130 Town Report $ 7,000 � 8200 Town Manager and further that Line 8230 is to be transferred by the Board of Selectmen for contractuai settlements within departments upon recommendation of the Town Manager 8210-8220 Town Manager Personal Services $ 537,875 8210-8220 Town Manager Expenses $ 199,852 8230 Salary Transfer Account* $ 1,003,000 8300 Town Committees 8310 Finance Committees $ 1,500 8320 Misc. Boards and Committees $ 4,700 8330 Public Celebration Committee $ 30,000 8400 Finance Personal Services $ 1,063,734 8400 Finance expenses $ 301,328 j 8500 Town Clerk Personal Services $ 269,513 8500 Town Clerk Expenses $ 84,000 8600 MIS Personal Services $ : 211,043 8600 MIS Expenses $ 344,902 and that the Town transfer the following sums to meet, in part, appropriations made at this Town Meeting: $70,000 from the School Bus Transportation Stabilization Fund for line-item 1100; $104,965 from Overlay Surplus $325,000 from the Parking Meter Fund for line-items 3100-3500 and 4100; $120,000 from the Cemetery Trust Fund for line item 3100-3500; $72,000 from Transportation Demand ManagemenUPublic Transportation Stabilization Revolving Fund for Appropriations for line-items 3100-3500; $3,668,576 from Unreserved Fund Balance/Free Cash; $782,176 from the Water Enterprise Fund; $691,763 from the Sewer Enterprise Fund; $188,583 from the Recreation Enterprise Fund;and $52,387 from Insurance Proceeds greater than$20,000 for line-item 2170 Items marked with an(")are Continuing Balance Accounts. Selectman Cohen moved line item 2130 , Employee Insurance,be divided out and voted sepaxately at this time. 8:40 p.m. Moderator Deborah Brown explained she would be recusing herself from voting i on this article. 8:40 p.m. Motion to divide out line item 2120 Unanimously Adopted. 8:41 p.m. Selectman Norman Cohen moved Marjorie Battin be elected Temporary Moderator. Unanimously Adopted. 8:42 p.m. Temporary Moderator Margery Battin read the motion for Article 4, line 2130. Jeanne Krieger reported unanimous support of the Board of Selectmen far Article 4, line 2130. 8:43 p.m. Michael Kennealy,Appropriation Committee, read statement on health insurance challenges and proposed resolution. 8:56_p.m. Alan Levine, Appropriation Committee Chair,moved to amend Article 4, line 2130 by adding the words of the proposed resolution. Resolution: Whereas Lexington's escalating health care costs have been and are continuing to consume a significant proporfion of Lexington's allowable 2 %percent increase in the tax levy, and Whereas options for rea/izing savings in healfh care costs for municipalities and towns are severely limited by current state law, and Whereas fhe Commonwealth of Massachusetts is exempt from any requirement fo negotiate and receive approval to implement significant changes in its health insurance plans through its Group Insurance Commission (GIC), and Whereas the Commonwealfh of Massachusetts and all its cities and town face an unprecedented economic crisis that wi/l dramatica!!y impact public finances for a least the next two years, Now, therefore, the Town of Lexington petitions the Governor of Massachuseits and the Senate and House of Representatives to enact legis/ation to allow municipalities to modify health care plan design wifhout the requirements of collective bargaining such that municipalities can, in a timely manner, either(1)join the GIC;or(2) offer healfh care plans to employees that are comparable to the offerings of the GIC, provided that the co-payments and deductibles of such plans do not exceed those of the GIC. 9:00 p.m. Jeanne Krieger reported unanimous support of the Board of Selectmen. Margaret Coppe reported the School Committee voted unanimously to take no position. � 9:04 p.m. Robert Cunha,pr.2,reported the opposition of the Firefighter's Union and the opposition of the Coalition Bargaining. � -___- --------__ _ _---- --_ _ _ _ � _------- _ _ ___ -_ _ __ . _- ___ -_ --_ ___ __ ___ _ March 30, 2009 Annual Town Meeting, cont... 23 9:06 p.m. Phyllis Neufeld, Lexington Teacher's Union, spoke in opposition. 9:11 p.m. Town Manager Carl Valente responded to questions on the Group Insurance Commission's plan. Members spoke in support and opposition, including comments on availability of insurance plans, current membership, rates, and contributions. 9:28 p.m. Charles Lamb,pr.4,moved to extend debate for 30 minutes. Motion Adopted. Members continued to speak in support and opposition, and commented further on the Commonwealth's Group Insurance Commission's plan. ' 9:42 p.m. Robert Cunha, pr.2, explained the current Coalition Baxgaining pertains to only � baxgaining health insurance. -- 10:01 p.m. The Moderator called a standing vote on the amendment to Article 4, line 2130. Amendment adopted- 104 in favor and 64 opposed. , 10:08 p.m. Selectman Carl Valente responded to questions regarding average plan costs and employee option for town benefits. 10:10 p.m. Vote on Article 4,line 2130 as amended—Unanimously Adopted. 10:10 p.m. Alan Levine,pr.8, served notice of reconsideration on Article 4, Zine 2130. 10:12 p.m. Deborah Brown briefly resumed serving as Moderator,recused herself again for Temporary Moderator Margery Battin to preside over Article 43. Selectman Norman Cohen moved to postpone further action on Article 4 until after Article 43. Motion Adopted. 10:15 p.m. Selectman Norman Cohen moved to take up Article 43. Motion Adopted. 10:15 p.m. Presented by Patrick Mehr,pr.3. ARTICLE 43: HEALTH BENEFITS MOTION: That the Town authorize the formation of a Spousal Health Benefits Study Committee comprised of four members, one each named by the Moderator, the Board of Selectmen, the School Committee and the Appropriation Committee. The Committee shall be formed as soon as possibie, and shall determine the rate at which I eligible town employees subscribe to family health plans in 15-20 greater Boston area towns that _-- contribute from 50%to 100% of health premiums. The Committee shall report to the Board of Selectmen, the School Committee and the Appropriation Committee as soon as possible, and at the 2010 Annual Town Meeting. Mr. Mehr presented requested action. 10:23 p.m. Selectman Jeanne Krieger reported unanimous opposition of the Selectmen. The Moderator called for a brief recess. 10:29 p.m. Margaret Coppe, School Committee Chair,reported the opposition of a majority of the School Committee. 10:29 p.m. Alan Levine,Appropriation Committee Chair,reported 4 members of the Committee were in support, and 4 in opposition. 10:30 p.m. Following a statement on her need to step down as Temporary Moderator, Ephraim Weiss,pr.5, moved Charles Hornig,pr.8, be appointed Temporary Moderator. Motion Adopted. 10:36 p.m. Members spoke further in favor and opposition to Article 43. 10:39 p.m. Reid Zurlo;pr.3, called the question. Motion Adopted. 10:40 p.m. Patrick Mehr yielded time to Rod Cole,who spoke in favor of the motion. 10:42 p.m. Article 43 Not Adopted. � 10:43 p.m. Selectman Norman Cohen moved the meeting be adjourned unti17:30 p.m., Wednesday, April 1, 2009, Cary Memorial Ha1L Motion Adopted. , A true copy. " Attest: ��h Donna M. Hooper, Town Clerk 24 April l,2009 Adjourned Session of the 2009 Annual Town Meeting The fourth session of the 2009 Annual Town Meeting was called to order by Moderator Deborah J. Brown at 7:30 p.m., Wednesday, April 1, 2009, Cary Memorial Ha11; a quorum of 177 present. � 7:35 p.m. Moderator Deborah Brown called a recess for the awarding of the Sharyn Wong- Chan and Sara Harrington award to Lexington teachers Ann Kim Tenhor and Jesse Richardson. 7:50 p.m. Meeting called to order. ARTICLE 2: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES 7:50 p.m. Charles Lamb moved the report of the Capital Expenditures Committee be accepted and placed on file. Unanimously Adopted. � � � 7:58 p.m. Presented by Selectman Norman Cohen. --r ARTICLE 4: OPERATING BUDGET 8:01 p.m. School Committee Chair Margaret Coppe reported unanimous support of the School Committee for line 1100. Pam Hoffman,pr.7, reported unanimous support of Appropriation Committee for line 1100. David Horton,pr.8, Minuteman Regional Vocation School liaison, reported the Minuteman Regional School Committee unanimously supports this budget. 8:04 p.m. Superintendent Pau1 Ash and Appropriation Committee members responded to questions pertaining to projections. 8:21 p.m. Members questioned requests for facilities department and contributory retirement. 8:30 p.m. Alan Levine reported unanimous support of the Appropriation Committee. 8:30 p.m. Article 4,except lines 2130, 1100 and 3100-3500 fund sourc�Unanimously Adopted. 8:31 p.m. Article 4, lines 1100 and fund source 3100-3500-Unanimously Adopted. 8:32 p.m. Alan Levine,pr.8, served notice of reconsideration on Article 4 in entirety, and line items 1100, 3100-3500 funding sources. ARTICLE 2: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES 8:32 p.m. Sandra Shaw moved Report of the Recreation Committee be accepted and placed � on file. Unanimously Adopted. Richard Thuma, Recreation Committee Vice Chair reported. i 8:54 p.m. Presented by Selectman Norman Cohen. ARTICLE 5: APPROPRIATE FY2010 ENTERPRISE FUND BUDGETS MOTION: a) That the Town appropriate the foliowing sums of money to operate the Water Division of the Department of Public Works during fiscal year 2010; under the provisions of M:G.L. chapter 44, section 53F'l2: Salaries $ 640,290 Expenses 363,180 Debt Service 1,108,100 MWRA Assessment 4,600,000 Total $6,711,570 Said sum to be funded from water receipts and $525,000 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 2010; under the provisions of M.G.L. chapter 44, section 53F'/Z: Salaries $ 270,073 Expenses 325,600 Debt Service 633,497 MWRA Assessment 6,500,000 Total $7,729,170 Said sum to be funded from wastewater receipts and $625,000 from retained earnings. c) That the Town appropriate the following sums of money to operate the Recreation Department during fiscal year 2010 under the provisions of M.G.L. chapter 44, section 53F'h: I Salaries $ 636,190 Expenses 956,815 Debt Service 132,600 Total $1,725,605 Said sum to be funded from recreation receipts and $375,000 from retained earnings. 8:54 p.m. Norman Cohen reported unanimous support of Board of Selectmen. John Bartenstein reported unanimous support of Appropriation Committee. Alan Levine, Appropriation Committee Chair, commented on the Recreation Enterprise Fund. David Kanter commented on the Water/Sewer enterprise &water reading, reporting unanimous support of the Capital Expenditure Committee for program. - -- --_- -__ - -- __ ---_ --- - ___ � . --. _ ._ _ _ _ _ __ _ April 1, 2009 Adjourned Session of the 2009 Annual Town Meeting, cont... 25 9:04 p.m. Questions on water/sewer assessments, allocation of enterprise funds across recreation programs,retained earnings, and other recreation expenses in other articles were responded to by Committee members and Selectman Norman Cohen. 9:32 p.m. Unanimously Adopted. � 9:44 p.m. Alan Levine,pr.9, served notice of reconsideration on A�ticle S.. 9:34 p.m. Presented by Selectman George Burnell. ARTICLE 6: APPROPRIATE FOR SENIOR SERVICE PROGRAM MOTION: That the Town appropriate $45,000 for the purpose of conducting a Senior Service Program, to be spent under the direction of the Town Manager; that to meet#his appropriation $45,000 be raised in the tax levy; and that the Board of Selectmen be � authorized to establish rules and regulations for the conduct of the program. 9:36 p.m. John Bartenstein reported unanimous support ofAppropriation Committee. 9:38 p.m. Human Services Director Charlotte Rogers responded to question concerning outreach to seniors and criteria used for eligibility. 9:44 p.m. Unanimously Adopted. Alan Levine,pr.8, served notice of reconsideration on Article 6. � 9:45 p.m. Presented by Selectman Norman Cohen. ARTICLE 8: APPROPRIATE FOR TOURISM PROMOTION MOTION: That the Town appropriate $15,000 for tourism initiatives in the Town, to be spent under the direction of the Town Manager, and that to meet this appropriation $15,000 be raised in the tax levy. 9:45 p.m. Dawn McKenna and John Patrick, Tourism Committee,provided an overview. 9:54 p.m. Pam Hofmann,pr.7,reported unanimous support of Appropriation Committee. Mrs. McKenna and Mr. Patrick responded to questions. 10:02 p.m. Unanimously Adopted. Alan Levine,pr.8, served notice of reconsideration on Article 8. 10:04 p.m. Selectman Jeanne Krieger moved action on Article 9 be postponed until after articles 44, 45, and 46. Motion Adopted. �i 10:04 p.m. Presented by Selectman Norman Cohen. �- - ARTICLE 10: 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'/for the fiscal year beginning July 1, 2009, as follows: Authorized Departmental FY2010 Revolving Fund Representative or Receipfs Use of Fund Authorization Board to S end DPW Burial Public Works Director Sale of Grave Boxes Program Expenses $35,000 Containers and Burial Vaults DPW Compost Sale of Compost and Personnel, Benefits Operation Public Works Director Loam,Yard Waste and Program $315,000 Permits Ex enses LexMedia Board of Selectmen and License fees from CATV contract, Operations Town Manager cable TV providers equipment and related � $400,000 ex enses Trees Board of Selectmen Gifts and Fees Pro ram Ex enses $20,000 Minuteman Household Public Works Director Fees paid by Program Expenses $175,00'0 Hazardous Waste consortium towns Pro ram Health Programs Health Director Medicare Program Expenses $10,000 Reimbursements Council on Aging Human Services Program fees and p�ogram Expenses $100,000 Pro rams Director ifts Liberty Ride receipts, � Tourism/Liberty Town Manager and including ticket sales, Program Expenses $166,000 _ Ride Tourism Committee advertising revenue and char er sales School Bus School Committee School bus fees Bus Transportation $g30,000 Trans ortation Ex enses Director of Public Personnel and Public Facilities Facilities Building rental fees Expenses Related to $275,000 the Rental of Facilities 10:04 p.m. Norman Cohen reported u.nanimous support of Board of Selectmen. John Bartenstein reported unanimous support of Appropriation Committee. . 10:05 p.m. Selectman Norman Cohen answered questions on cable TV and Trees. 10:10 p.m. Unanimously Adopted. Alan Levine,pr.8, served notice of reconsideration on Article 10. �6 April 1, 2009 Adjourned Session of the 2009 Annual Town Meeting, cont... 10:11 p.m. Norman Cohen moved the meeting adjourn until Monday, April 6, 2009, 7:30 p.m., Cary Memorial Hall. Unanimously Adopted. A true copy. ) Attest: I � l Y� Donna M. Hooper, Town Clerk April 6,2009 Adjourned Session of the 2009 Annual Town Meeting The fifth session of the 2009 Annual Town Meeting'was called to order by Moderator Deborah J. Brown at 7:30 p.m., Monday, April 6, 2009, Cary Memorial Hall; a quorum of 175 present. ARTICLE 2: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES 7:30 p.m. Police Chief Mark Corr and Town Manager Carl Valente introduced Ms. Stephanie Kraus, Police Department Intern from Germany. . 7:40 p.m. Kenneth Kreutziger moved the Report of the Housing Partnership Board be accepted and placed on file. Unanimously Adopted. Mr. Kreutziger reported. 7:45 p.m. William Kennedy moved the Report of the Lexington Housing Assistance Board be accepted and placed on file. Unanimously Adopted. Mr. Kennedy reported. 7:49 p.m. Betsey Weiss moved the report of the Community Preservation Committee be accepted and placed on file. Unanimously Adopted. Ms. Weiss reported. 7:56 p.m. Presented by Betsey Weiss, Community Preservation Committee. ARTICLE 11: APPROPRIATE THE FY2010 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 FY2010 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 FY2010 receipts as recommended by the Community Preservation Committee a. $397,207 for the acquisition,creation and preservation of.open space excluding land for recreational use; b. $484,700 for the acquisition,preservation,rehabilitation and restoration of historic resources; c. $1,165,828 for the creation,preservation and support of community housing;and d. $1,924,336 to Unbudgeted Reserves. And further,that the Town make appropriations from the Community Preservation Fund and other sources as follows: a. That$70,000 be appropriated from Unbudgeted Reserves of the Community Preservation Fund for the continued analysis of the Center Playfields Drainage Study. b. That$569,000 be appropriated from Unbudgeted Reserves of the Community Preservation Fund for the Old ReservoirlMarrett Road Stormwater Mitigation and Preservation project. c. That$200,000 be appropriated from Unbudgeted Reserves of the Community Preservation Fund for the Pine Meadows Golf Course Preservation project. d. That$150,000 be appropriated from the Historic Resources Reserve of the Community Preservation Fund for archive records management and conservation. e. That this item be indefinitely postponed. f. That$30,000 be appropriated from the Historic Resources Reserve of the Community Preservation Fund for supplemental� funds forthe Town O�ce Building Renovation,Preservation and Design phase of the project. g. That$45,000 be appropriated from the Historic Resources Reserve of the Community Preservation Fund for the Lexington Police Station Space Preserva6on and Needs Study. h) That$180,000 be appropriated from the Historic Resources Reserve of the Community Preservation Fund for the Stone , Building Renovation,Preservation Study and extraordinary repairs. i) That$100,000 be appropriated for engineering and architectural services for the schematic phase of the Fire Headquarters Renovation,Preservation and Redesign project and that to meet this appropriation$29,700 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$70,300 under M.G.L.Chapter 44,Section 7,or any other enabling authority. j) That$320,828 be appropriated from the Community Housing Reserve of the Community Preservation Fund for the Greeley Viliage Roof Replacement. k) That$50,000 be appropriated from the Historic Resources Reserve of the Community Preservation Fund for the Munroe Tavem Historic Structures and Capital Needs Report. I) That$845,000 be appropriated from the Community Housing Reserve of the Community PreservaCion Fund for the purchase of four affordable housing units. . m) That this item be indefinitely postponed. n) 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 FY2010. --------------------------- 7:56 p.m. Betsey Weiss, pr:2, presented Part L __ _ ---— -___ _ _ _ __ _ __ . � _ __ ____ _ April 6, 2009 Adjourned Session of the 2009 Annual Town Meeting, cont... �� Selectrnan Hank Manz reported support of Board of Selectmen David Kanter reported unanimous support of Capital Expenditures Committee Eric Michelson reported unanimous support of Appropriation Committee. � 8:03 p.m. Part I, (a-d)Unanimously Adopted 8:04 p.m. Part II, (a-n)—Sandra Shaw presented Part II (a). Shirley Stolz reported unanimous support of Capital Expenditures Committee Eric Michelson reported support of Appropriation Committee(8-0-1). Hank Manz reported unanimous support of Board of Selectmen. Charles Lamb served notice of reconsideration on Part I, (a-d). 8:17 p.m. Margaret Coppe reported unanimous support of the School Committee Sandra Shaw responded to questions from members. 8:20 p.m. Part II (a) Unanimously Adopted. Charles Lamb served notice of reconsideration on Part II(a). 8:21 p.m. Sandra Shaw presented Part II(b). Shirley Stolz reported unanimous support of Capital Expenditures Committee Eric Michelson reported support of Appropriation Committee (8-0-1). Hank Manz reported unanimous support of Board of Selectmen. 8:26 p.m. Part II (b) Unanimously Adopted. Charles Lamb se�ved notice of reconsideration on Part II(b). 8:26 p.m. Sandra Shaw presented Part II (c),to which Recreation Committee member Richaxd Thuma added comments. Shirley Stolz reported unanimous support of Capital Expenditures Committee: Alan Levine reported support of Appropriation Committee (4y-Sn),to which member Eric Michelson added comments in support. Hank Manz reported unanimous support of Board of Selectmen. Members spoke in favor and opposition, questioning fees;enterprise fund use, and position of the Conservation Commission. Conservation Chairperson Joyce Miller reported the Commission would take no position. 9:08 p.m. Richard Neumeier,pr.3 moved the question. Motion Adopted. 9:09 p.m. Part II (c)Adopted. Charles Lamb served notice of reconsideration on Pa�t II(c). - 9:09 p.m. Wendy Manz presented Part II (d) and reported support of Community Preservation Committee (9-0). David Kanter reported unanimous support of Capital Expenditures Committee Eric Michelson reported support(8-0-1) of Appropriation Committee Hank Manz reported unanimous support of Board of Selectmen. 9:13 p.m. Part II(d)Unanimously Adopted. 9:14 p.m. Indefinite Postponement of Part II (e). David Kanter reported unanimous support of Capital Expenditures Committee. Eric Michelson reported unanimous support of Appropriation Committee. Hank Manz reported unanimous support of Board of Selectmen. 9:15 p.m. Part II(e)Unanimously Adopted. Cha�les Lamb served notice of reconsideration on Part II(d) & (e). 9:15 p.m. Selectman George Burnell spoke on Part II(f-i). Selectman Jeanne Krieger presented Part II (fl. David Kanter reported unanimous support of Capital Expenditures Committee. Eric Michelson reported support(8-0-1) of Appropriation Committee. ' Hank Manz reported unanimous support of Board of Selectmen. Town Manager Cazl Valente responded to Senior Center/Community Center questions. 9:33 p.m. Paxt II(�Unanimously Adopted. 9:33 p.m. Joel Adler,pr.l,presented Part II (g). � David Kanter reported unanimous support of Capital Expenditures Committee. Eric Michelson reported support(8-0-1) of Appropriation Committee. " Hank Manz reported unanimous support of Board of Selectmen. 9:36 p.m. Part II (g)Unanimously Adopted. Charles Lamb served notice of reconsideration on Part II(fl & (g). 9:36 p.m. Marilyn Fenollosa,pr.5,presented Part II (h). David Kanter reported unanimous support of Capital Expenditures Committee. Eric Michelson reported support(8-0-1) of Appropriation Committee Hank Manz reported unanimous support of Board of Selectmen. Town Manager Carl Valente and Library Director Connie Rawson responded to questions on the Stone Building and Heritage Center concept. 9:43 p.m. Part II (h) Unanimously Adopted. �8 April 6, 2009 Adjourned Session of the 2009 Annual Town Meeting, cont... Charles Lamb set-ved notice of reconsideration on Pa�t II(h). 9:44 p.m. Joel Adler,pr.l, presented Part II (i). David Kanter reported unanimous support of Capital Expenditures Committee. - Eric Michelson reported support(8-0-1) of Appropriation Committee. Hank Manz reported unanimous support of Board of Selectmen Alan Levine,Appropriation Committee,reminded the meeting of funding debt. 9:49 p.m. Part II (i) Declared Unanimously Adopted. 9:49 p.m. Leo McSweeney,pr.9,presented Part II (j). David Kanter reported unanimous support of Capital Expenditures Committee. Eric Michelson reported support(8-0-1) of Appropriation Committee. , � Hank Manz reported unanimous support of Board of Selectmen. _ � 9:52 p.m. Part II (i)Unanimously Adopted. � Charles Lamb served notice of reconsideration on Part II(i) & (j). 9:52 p.m. Marilyn Fenollosa, pr.5,presented Part II (k). David Kanter reported unanimous support of Capital Expenditures Committee. Eric Michelson reported support(8-0-1) of Appropriation Committee. Hank Manz reported support(4-1) of Board of Selectmen. 9:55 p.m. Historical Society Director Susan Bennett responded to questions from members. 10:06 p.m. Part II (j) Adopted. Charles Lamb served notice of reconsideration on Part II(k). 10:07 p.m. Betsey Weiss,pr.2,presented Part II (1) and reported unanimous support of Community Preservation Committee. David Kanter reported unanimous support of Capital Expenditures Committee: Eric Michelson reported support(8-0-1) of Appropriation Committee. Hank Manz reported unanimous support of Board of Selectmen. 10:15 p.m. Part II (1) Declared Adopted by more than the necessary two-thirds vote. 10:16 p.m. Betsey Weiss,pr.2,presented Part II (m). David Kanter reported unanimous support of Capital Expenditures Committee. Eric Michelson reported unanimous support of Appropriation Committee. Hank Manz reported unanimous support of Board of Selectmen. Charles Hornig reported Planning Boaxd took no position. 10:19 p.m. Part II (m)Unanimously Adopted. 10:20 p.m. Betsey Weiss,pr.2, pr.esented Part II (n) and reported unanimous support of •.-� Community Preservation Committee. David Kanter reported unanimous support of Capital Expenditures Committee. Eric Michelson reported support(8-1) of Appropriation Committee. Hank Manz reported unanimous support of Board of Selectmen. Town Manager Carl Valente responded to question concerning costs for administrative services. 10:30 p.m. Part II (n) Adopted. Charles Lamb served notice of reconsideration on Part II(Z) & (n). 10:31 p.m. Norman Cohen moved the meeting be adjourned until Monday, April 13, 2009, 7:30 p.m., Cary Memorial Hall. Motion Adopted. A true copy. q Attest: ��`—' V ! � �' /`�l Donna M. Hooper, Town Clerk ' ------------------------------------------------------------- April 13,2009 Adjourned Session of the 2009 Annual Town Meeting The sixth session of the 2009 Annual Town Meeting was called to order by Moderator Deborah ( J. Brown at 7:30 p.m., Monday, April 13, 2009, Cary Memorial Hall; a quorum of 170 present. ARTICLE 2: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES 7:3 8 p.m. Capital Expenditures Committee member David Kanter reported the Erata page to the 2009 Report and moved the Erata be accepted and placed on file. Mr. Kanter addressed errors in the report. Unanimously Adopted. 7:46 p.m. Marian Cohen&Paul Lapointe moved the Report of the Council on Aging be accepted and placed on file. Unanimously Adopted. Mr. Lapointe reported. _ _----------_- ---_ _ _ _ __ ____ � _ ___ __ _ . _ _ _ _ ____ ____ ___ _ _ __ ____ April 13, 2009 Adjourned Session of the 2009 Annual Town Meeting, cont... 29 8:08 p.m. Selectman Norman Cohen moved Article 22 be taken up. Unanimously Adopted. Presented by Selectman Peter Kelley. ARTICLE 22: APPROPRIATE FOR DESIGN/ENGINEERING FOR SENIOR/ COMMUNITY CENTER AT WHITE HOUSE SITE (BARNES PROPERTY) MOTION: That this article be indefinitely postponed. 8:09 p.m. Shirley Stolz reported the support of the Capital Expenditures Committee for indefinite postponement. Alan Levine reported the Appropriation Committee had no report. 8:11 p.m. Marion Cohen, Co-Chair of the Council on Aging reported a need for the Council � on Aging to proceed with a new center. " Members spoke in support and in opposition of Indefinite Postponement. 8:28 p.m. Robert Whitman,pr.3, moved the question. Motion Adopted 8:29 p.m. Motion to Indefinitely Postpone Adopted. 8:29 p.m. Presented by Selectman Peter Kelley. ARTICLE 12: LAND PURCHASE — OFF VINE STREET MOTION: That: (a) the Conservation Commission be authorized to purchase or otherwise acquire, or that 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 a portion of land consisting of approximately 13.49 acres and shown as Lot 45A on a Plan entitled "Plan of Land in Lexington, Mass. (Middlesex County), • being a subdivision of Map 47 Lot 45" by Keenan Survey dated March 18, 2009, a copy of which plan is on file in the office of the Town Clerk, on terms that are acceptable to the Board of Selectmen in its discretion; (b) the Selectmen be authorized to purchase,,take by eminent domain or otherwise acquire for community housing purposes all or a portion of land consisting of approximately 30,022 square feet and shown as Lot 456 on said Plan, on terms that are acceptable to the Board of Selectmen in its discretion; � and (c) the sum of$2,763,100 be appropriated for such land acquisition, and that to raise such amount $939,894 be appropriated from Open Space Reserve of the Community Preservation Fund, $1,659,749 be appropriated from the Unbudgeted Reserves of the Community Preservation Fund, and $163,457 be appropriated from the Undesignated Fund Balance of the Community Preservation Fund. Peter Kelley reviewed purchase opportunity from the Esta.te of Joseph Leary, and reported the unanimous support of the Board of Selectmen. 8:31 p.m. Shirley Stolz reported unanimous support of Capital Expenditures Committee. Eric Michelson reported unanimous support of Appropriation Committee: Charles Hornig reported support of Planning Board. 8:36 p.m. Richard Wolk, Conservation Commission, spoke in support and reviewed property importance. 8:45 p.m. Members spoke in support, questioned property location and Community Preservation fund allocation and cash/borrowing approach, property use for conservation/recreation/housing. 8:54 p.m. Richard Michelson,pr.8, moved the question. Adopted 8:55 p.m. Article 12 Unanimously Adopted. 8:55 p.m. Charles Lamb served notice of reconsideration on A�ticle 12. " 8:55 p.m. Presented by Selectman Peter Kelley. . ARTICLE 13: LAND PURCHASE OFF LOWELL STREET MOTION: That this article be indefinitely postponed. 8:56 p.m. Shirley Stolz reported unanimous support of Capital Expenditures Committee. Selectman Norman Cohen briefly explained need for postponement. 8:57 p.m. Unanimously Adopted. 8:57 p.m. Presented by Selectman Hank Manz. . ARTICLE 14: APPROPRIATE FOR RECREATION CAPITAL PROJECTS MOTION: That this article be indefinitely postponed. Mr. 1Vlanz explained reason for indefinite postponement. 3� Ap�il 13, 2009 Adjourned Session of the 2009 Annual Town Meeting, cont... 8:58 p.m. Shirley Stolz reported unanimous support of Capital Expenditures Committee. Glenn Parker reported unanimous support of Appropriation Committee. 8:59 p.m. Unanimously Adopted. 9:00 p.m. Presented by Selectman Hank Manz. ARTICLE 15: 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) Replacement of Fire Engine 3 - $500,000 for purchasing a new fire engine 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$500,000 under M.G.L. Chapter 44, Section 7 or any other enabling authority. b) . Head End Equipment- $154,500 for replacing head-end network equipment and that to meet this appropriation $43,450 be raised from the general fund unreserved fund balance, $27,550 be transferred from the Sale of Real Estate Account, and the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow $83,500 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-$903,423 for the cost of departmental equipment for the Department of Public Works and all incidental costs related thereto, and that to meet this appropriation $1,450 be transferred from the unexpended balance appropriated under Article 32(g) of the 2005 Annual Town Meeting, and the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow $901,973 under M.G.L. Chapter 44, Section 7 or any other enabling authority. e) CBD Sidewalks—that this item be indefinitely postponed. fl Sidewalk Improvements and Easements—That the Selectmen be and they hereby are authorized to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary for sidewalk construction through the end of fiscal year 2010. (as amended April 93, 2009) g) Storm Drainage Improvements - $160,000 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 $160,000 under M.G.L. Chapter 44, Section 7 or any other enabling aiathority. h) Geographic Information System (GIS) - $120,000 for the cost of a computerized mapping system and all incidental costs related thereto, and that to meet this appropriation $21,600 be transferred from Water Retained Earnings, $14,400 be transferred from Sewer Retained Earnings, and $84;000 be raised from the general fund unreserved fund balance. i) Hydrant Replacement Program -$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. j) Street Improvements-$538,125 for road reconstruction, repairs and resurfacing by the Department of Public Works and all incidental costs related thereto, and that to meet this appropriation $538,125 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. k) Traffic Mitigation - $50,000 for engineering services for tra�c and intersection improvements town-wide, and that to meet this appropriation $50,000 be raised from the general fund unreserved fund balance. � Hank Manz explained requested action and reported unanimous support of the Board of Selectmen for all parts except part(k)where vote is 4 in support and 1 in opposition. 9:00 p.m. Part(a) David Kanter reported unanimous support of Capital Expenditures ; Committee. Glenn Parker reported support of Appropriation Committee for all portions (9-0) except(e) and(�,with no vote on part(k). Part (b) David Kanter reported unanimous support of Capital Expenditures Committee. Glenn Parker reported 9-0 support of Appropriation Committee. Part( c) David Kanter reported unanimous support of Capital Experiditures Committee. Part(d) David Kanter reported unanimous support of Capital Expenditures Committee. Mr. Manz and Public Works Director William Hadley responded to questions on value of old vehicles and extended life of vehicles with new DPW facility providing indoor vehicle storage. ___ __ _ -- _ ---- _ _ .. � _ ____ _ _ __ April 13, 2009 Adjourned Session of the 2009 Annual Town Meeting, cont... 31 Conservation Administrator Karen Mullins responded to questions on status of Hardy's Pond Brook. Public Works Director William Hadley and Town Engineer John Livsey responded to brook maintenance questions. ` ` 9:15 p.m. Part(e) David Kanter reported unanimous support of Capital Expenditures Committee. Glenn Parker reported no vote of the Appropriation Committee. Part(� David Kanter reported no objection of Capital Expenditures Committee. Glenn Parker reported no opinion of Appropriation Committee. 9:19 p.m. Selectman Norman Cohen and Town Counsel William Lahey responded to questions on authority for easements. 9:28 p.m. JohnBartenstein,pr.l, moved the following amendment: AMENDMENT.� add to end of existing motion the words � "through the end of fiscal year 20�0". Members spoke in favor and opposition of Bartenstein amendment. 9:37 p.m. David Kanter reported unanimous support of Capital Expenditures Committee for Bartenstein Amendment. 9:39 p.m. Bartenstein Amendment Adopted. 9:40 p.m. Part(g) David Kanter reported unanimous support of Capital Expenditures Committee. 9:44 p.m. Part(h) David Kanter reported unanimous support of Capital Expenditures Committee. 9:44 p.m. Part(i) David Kanter reported unanimous support of Capital Expenditures Committee. 9:45 p.m. Part(j) David Kanter reported unanimous support of Capital Expenditures Committee. Members questioned current roadwork and future plans throughout the town,to which Public Works Director William Hadley and Town Engineer John Livsey responded. 10:06 p.m. Part(k) David Kanter reported majority support(4-1) of Capita.l Expenditures Committee. Glenn Parker reported 8-0 support of Appropriation Committee. Support(4-1) of the Board of Selectmen was reported. Charles Hornig reported Planning Board support. Public Works Director William Hadley responded to questions on S. Lexington tra�c studies. i 10:12 p.m. Article 15,parts (a), (b), (c), (d), (�, (g) declared Adopted by more than the necessary two-thirds vote. 10:13 p.m. Article 15,parts (e), (h), (i), (j), (k), declared Adopted. 10:13 p.m. Charles Lamb,pr.4, se�ved notice of reconsideration on Article 1 S. 10:13 p.m. Presented by Selectman Hank Manz. ARTICLE 16: APPROPRIATE FOR WATER DISTRIBUTION IMPROVEMENTS MOTION: That 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 app�opriation the 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. 10:13 p.m. Mr. Manz reported support of the Selectmen. Theodore Edson reported unanimous support of Capital Expenditures Committee. John Bartenstein reported i unaniinous support of Appropriation Committee. 10:16p.m. Unanimously Adopted. 10:16 p.m. Charles Lamb served notice of reconsideration of Article 16. 10:17 p.m. Presented by Selectman Hank Manz. ARTICLE 17: APPROPRIATE FOR SEWER IMPROVEMENTS MOTION: That: (a) the Selectmen are hereby authorized to install sewer mains and sewerage systems and replacements thereof, 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, in accordance with Chapter 504 of the Acts of 1897, and acts in addition thereto and amendment thereof, or otherwise, and to take by eminent domain, purchase 32 April 13, 2009 Adjourned Session of the 2009 Annual Town Meeting, cont... or otherwise acquire any fee, easement or other interest in land necessary therefor; to appropriate for such installation and land acquisition the sum of $1,200,000, and to raise such amount the Treasurer with the approval of the Board of Selectmen is authorized to borrow $1,200,000 under M.G.L. Chapter 44, Section 7 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; and (b) $100,000 be appropriated for pump station upgrades and all incidental costs related thereto, and to raise such amount 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. 10:17 p.m. Theodore Edson reported unanimous support of Capital Expenditures Committee. John Bartenstein reported unanimous support of Appropriation Committee. 10:22 p.m. Unanimously Adopted. _ 10:22 p.m. Charles Lamb served notice off reconsideration of Article 17. 10:23 p:m. Selectman Norman Cohen moved the meeting be adjourned unti17:30 p.m., Wednesday, April 15, 2009, Cary Memorial Hall. . Richard Michelson,pr.8, moved to amended to adjourn until Apri127, 2009. Motion to Amend Not Adopted. 10:24 p.m. Motion to Adjourn Adopted. A true copy. Attest: ��l/t[-�_� Donna M: Hooper, Town Clerk ------------------------------------------- April 15,2009 Adjourned Session of the 2009 Annual Town Meeting The seventh session of the 2009 Annual Town Meeting was called to order by Moderator Deborah J. Brown at 7:30 p.m., Wednesday, April 15, 2009, Cary Memorial Hall; a quorum of 159 present. ' 7:36 p.m. Presented by Selectman George Burnell ARTICLE 18: APPROPRIATE FOR SCHOOL 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) School Technology -$600,000 for maintaining and upgrading the Lexington Fublic Schools' technology systems, and that to meet this appropriation the Treasurer, with the approval of the Board of Selectmen is authorized to borrow $600,000 under M.G.L. Chapter 44, Section 7 or any other enabling authority. b) Classroom Furniture - $50,000 for the purchase of classroom furniture, and that to meet this appropriation $50,000 be raised from the general fund unreserved fund balance. c) Kitchen Equipment- $75,000 for the purchase of kitchen equipment, and that to meet this appropriation $75,000 be raised from the general fund unreserved fund balance. - Mr. Burnell reported unanimous support of Board of Selectmen. Margaret Coppe reported unanimous support of School Committee. David Kanter reported unanimous support of Capital Expenditures Committee Mollie Garberg reported unanimous support of Appropriation Committee. '-"` 7:44 p.m. Part(a)Adopted Unanimously Part (b) & (c)Adopted Unanimously. 7:44 p.m. Charles Lamb served notice of reconsideration of Article 18. __ ____--- _ -- -- _ _ _ _ _ . _ _ _------_ - _ _ - -- -_ __ -- -_ __ _ -- __ --- __ __ _ April 1 S, 2009 Adjourned Session of the 2009 Annual Town Meeting, cont... `33 7:44 p.m. Presented by Selectman George Burnell. ARTICLE 19: APPROPRIATE FOR PUBLIC FACILITIES CAPITAL PROJECTS MOTION: That the following amounts be appropriated for the following capital improvements and that each amount be raised as indicated: a) Hastings Oil Tank and Boiler Replacement—that this item be indefinitely postponed. b) Lexington High School Gillespie Auditorium Renovation—$305,000 for remodeling and making extraordinary repairs to the Gillespie Auditorium at Lexington High School, and that to meet this appropriation the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow $305,000 under M.G.L. Chapter 44, Section 7 or any other enabling authority. c) Lexington Nigh School Heating System Upgrade—$350,000 is appropriated for extraordinary repairs to the heating system at Lexington High School, including improvements to HVAC systems, the �: replacement of existing univents, the installation of new controls and the installation of new room � _ sensors, and that to meet this appropriation the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow$350,000 under M.G.L. Chapter 44, Section 7 or any other enabling authority. d) School Building Roofing Program-$201,500 for reconstructing or making extraordinary repairs to roofs on school buildings, and that to meet this appropriation the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow$201,500 under M.G.L. Chapter 44, Section 7 or any other enabling authority. e) Fire Headquarters Preservation and Renovation Design—That this item be indefinitely postponed. fl Relocate Old Harrington School Playground Structures-$40,000 for the relocation of the Old Fiarrington School playground structures, and that to meet this appropriation $40,000 be raised from the general fund unreserved fund balance. g) Bowman School Play Area Improvement-$80,000 for replacing pavement and making improvements to the Bowman School play area, and that to meet this appropriation $80,000 be raised from the general fund unreserved fund balance h) Lexington High School Elevator Piston Replacement-$40,000 for replacing the hydraulic cylinder in one of the elevators at the High School, and that to meet this appropriation $40,000 be raised from the general fund unreserved fund balance. i) School Building Envelop Program -$125,000 for system-wide repairs to school buildings, and to meet this appropriation $125,000 be raised fromthe general fund unreserved fund balance. j) Police Station Space Preservation Needs Study—That this iter,�,be indefinitely postponed. k) Stone Building Preservation and Renovation—That this item be indefinitely postponed. I) East Lexington Fire Station Kitchen Upgrade-$75,000 for upgrading the East Lexington Fire Station kitchen, and to meet this appropriation $75,000 be raised from the general fund unreserved fund balance. m) School Accessibility Improvements-$50,000 for improving accessibility at primary entrances to school buildings, and to meet this appropriation $50,000 be raised from the general fund unreserved ___ fund balance. n) Municipal Building Envelop-$157,594 for reconstructing, remodeling and making extraordinary repairs to municipal buildings and to meet this appropriation $157,594 be raised in the tax levy. o) �Town Office Building Preservation and Renovation—That this item be indefinitely postponed. Patrick Goddard,Director of Facilities,responded to questions on High School HVAC work. 8:04 p.m. George Burnell reported unanimous support of Boaxd of Selectmen Margaret Coppe reported unanimous support of School Committee. Charles Lamb reported unaniinous support of Capital Expenditures Committee. Glenn Parker reported unanimous support of Appropriation Committee. 8:07 p.m. Parts (a), (e-o)Adopted Unanimously Parts (b), (c) (d)—Adopted Unanimously. 8:08 p.m. Chaxles Lamb served notice of reconsideration of Article 19. 8:08 p.m. Presented by Selectman Norman Cohen. ARTICLE 23: APPROPRIATE FOR POST EMPLOYMENT BENEFITS MOTION: That $440,690 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 $440,690 be raised from the general fund unreserved fund balance. 8:08 p:m. Norman Cohen reported unanimous support of Board of Selectmen. � 8:11 p.m. Richard Eurich reported unanimous support of Appropriatiori Committee. �- � Selectman Cohen and Town Manager Carl Valente responded to questions regarding.to fund usage and control of health insurance costs. 8:19 p.m. Unanimously Adopted. 9:19 p.m. Alan Levine served notice of reconsideration of Article 23. 8:20 p.m. Presented by Selectman Norman Cohen. ARTICLE 24: RESCIND PRIOR BORROWING AUTHORIZATIONS MOTION: That this article be indefinitely postponed. Selectman Cohen reported no borrowing to be rescinded. Charles Lamb reported unanimous support of Capital Expenditures Committee. Mollie Garberg reported unanimous support of Appropriation Committee. 3� April I5, 2009 Adjourned Session of the 2009 Annual Town Meeting, cont... 8:20 p.m. Unanimously Adopted. 8:20 p.m. Selectman Norman Cohen moved action on Article 25 be postponed until after Article 49. Unanimonsly Adopted. 8:22 p.m. Presented by Selectman Norman Cohen. ARTICLE 26: ESTABLISH AND APPROPRIATE TO DEBT SERVICE STABILIZATION FUND MOTION: That: (a) Debt Service Stabilization Fund be created in accordance with M.G.L. Chapter 40, Section 5B; (b) $1,739,894, the balance of the excess reimbursement paid to the Town in ��' August 2006 by the Massachusetts School Building Authority, be appropriated to the Debt Service Stabilization Fund, and to meet this appropriation $1,739,894 be transferred from the Fund Balance Reserve for Expenditures of the Capital Project Fund; and - (c) $127,158 be appropriated from the Debt Service Stabilization Fund to offset the FY2010 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. 8:22 p.m. Norman Cohen reported unanimous support of Board of Selectmen. Charles Lamb reported unanimous support of Capital Expenditures Committee. Susan McLeish reported unanimous support of Appropriation Committee. Norman Cohen, Alan Levine, and Finance Director Robert Addelson responded to questions on investments. 8:31 p.m. Unanimously Adopted. 8:31 p.m. Charles Lamb served notice ofYeconsideration ofArticle 26. 8:31 p.m. Presented by Selectman Norman Cohen. ARTICLE 28: APPROPRIATE FOR STABILIZATION FUND MOTION: That this article be indefinitely postponed. � 8:31 p.m. John Bartenstein reported unanimous support of Appropriation Committee. 8:32 p.m. Unanimously Adopted. 8:32 p.m. Presented by Selectman Norman Cohen. ARTICLE 29: APPROPRIATE FOR PRIOR YEARS' UNPAID BILLS MOTION: That this article be indefinitely postponed. 8:32 p.m. Pam Hoffinan reported unanimous support of Appropriation Committee 8:32 p.m. Unanimously Adopted. 8:33 p.m. Alan Levine served notice ofreconsideration ofArticle 29. 8:33 p.m. Selectman Norman Cohen moved Articles 30 and 31 be taken up after Article 49. Unanimously Adopted. 8:34 p.m. Charles Horning provided updated for plans on Planning articles. Alan Levine reported an upcoming second report of the Appropriation Committee regarding zoning articles. 8:35 p.m. Selectman Norman Cohen moved the meeting be adjourned unti17:30 p.m., Monday, April 27, 2009, Cary Memorial Hall. Motion to Adjourn Adopted. A true copy. Attest: �� Donna M. Hooper, Town Clerk --� ------------------------------------------------------ Apri127,2009 Adjourned Session of the 2009 Annual Town Meeting The eighth session of the 2009 Annual Town Meeting was called to order by Moderator Deborah J. Brown at 7:30 p.m., Monday,April 27, 2009, Cary Memorial Hall; a quorum of 166 present. 7:35 p.m. Moderator Deborah J. Brown declaxed the meeting to be in recess for a presentation of the Town Meeting Members Association to 30-year town meeting members George Burnell, Peter Kelley and Joel Adler. _------_ ___ -- -__ ------- __ __-_ � _ _ _ __ _ .: _ __ _ _— __ _ _ ___ — -------- _____ _____ --__ ___ April 27, 2009 Adjourned Session of the 2009 Annual Town Meeting, cont... 3� 7:47 p.m. Meeting Called to Order and reports to be made under Article 2. ARTICLE 2: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES 7:48 p.m. Elaine Dratch,pr.5, moved the Report of the Transportation Advisory Committee be accepted and placed on file. Sara Arnold, Co-Chair, reported. Unanimously Adopted. 7:58 p.m. Alan Levine moved the 2nd Report of the Appropriation Committee to the 2009 Annual Town Meeting be accepted and placed on file. Unanimously Adopted 8:00 p.m. Charles Hornig,pr.8, moved the Report of the Planning Board to the 2009 Annual Town Meeting be accepted and placed on file. Mr:Hornig Reported. � Unanimously Adopted. ` " 8:04 p.m. Charles Hornig moved Articles 44,45, and 46 be taken together at this time. Unanimously Adopted. . a �a � � n 8:06 p.m. Presented by Charles Hornig, Planning Board Chairperson. °�° o � ARTICLE 44: AMEND ZONING BY-LAW, CM AND NFI DISTRICT CHANGES rt � � ARTICLE 45: AMEND ZONING BY-LAW - TRAFFIC W �c � ARTICLE 46: AMEND ZONING BY-LAW MAP REVISION �� N �� CONSOLIDATED MOTION: � � � �PLEASE NOTE: The left-hand column of each section includes annofations that are not part of the "' ~"' motion, but have been inc/uded to facilitate interpretation.] o �� n rr rt y � � That the Zoning Bylaw, Chapter 135 of the Code of the Town of Lexington and the Zoning ¢' �''� Map be amended as follows: � o °c co sv m �v x a. �r � ARTICLE 44 1. Delete § 135-2C(2)(g) in its entirety and replace with the following: �,�c �c � K Redefines fhe CM in (g) CM Manufacturing: is intended to be a district of higher intensity of o, keeping with the development allowing a mix of light manufacturing, research and � proposed changes office uses with related personal and business services. o , � Penalty for violation of 2• Add the words ", a site plan review decision" to § 135-9B in between the site plan review words "a special permit"and "or a special permit with site plan review" 3. Add the following new section following § 135-13: Esfablishes Site P/an Review process § 135-13.1 Site Plan Review A. Purpose. Site plan review is a means of managing the aesthetics and environmental impacts of land use by the regulation of permitted uses, not Purpose their prohibition. Its purpose is to assure protection of the public interest consistent with a reasonable use of the site for the purposes permitted in the district. B. Applicability. The following types of activities and uses require site plan review by the Planning Board or its designee: Applicability (1) Exterior construction or.expansion of a structure resulting in an increase of 500 SF or greater of total building gross floor area; (2) Any changes to an approved site plan. ' C. Special Permits. (1) Where an activity or use requires both site plan review and one or more special permits the Planning Board shall be the SPGA. Specia/Permits (2) When both a special permit and site plan review are required, they sha11 be considered together under the provisions of§ 135-12. (3) The Planning Board in its regulations sha11 establish standards for special permit approval consistent with §135-12B. Procedures D. Procedures for Site Plan Review. 36 April 27, 2009 Adjourned Session of the 2009 Annual Town Meeting, cont... (1) Applicants shall submit an application for site plan review to the Planning Board. (2) The Planning Board sha11 promulgate, after public notice and hearing, rules and regulations to effectuate the purposes and intent of this provision of the by-law, including definitions of major and minor site plans and delegating administrative review to the Board's designee that will allow site plan review without a public meeting for site plans that are defined as minor. (3) A public meeting shall be required for all major site plans. The meeting will be advertised in the local newspaper once in each of iwo successive ' weeks prior to the meeting and a notice will be sent to landowners within 30.0 feet of the affected lot. (4) The Planning Board or its designee sha11 review and act upon the site plan, requiring such conditions as necessary to satisfy the Review � Standards, and notify the applicant of its decision. The decision shall be � in writing and shall be rendered within 60 days of the date of application. (5) The applicant may request, and the Planning Board may grant by majority vote, an extension of the time limits set forth herein. (6) The applicant shall satisfy or comply with all conditions of the site plan review decision prior to the issuance of a building permit except for those conditions that by their terms are intended to be satisfied during construction or later. (7) Unless specifically authorized by the terms of the site plan review decision, a final certificate of occupancy shall not be issued until the applicant has complied with or satisfied all conditions of the site plan review decision. E. Review Standards. The Planning Board in its regulations shall establish r standards for site plan review that will at a minimum address the following: (1) Siting of facilities (2) Design practices (3) Open space and natural features (4) Circulation Standards for sife plan (5) Water quality review (6) Town character and historic significance (7) Impacts on public services and facilities (8) Signage (9) Safety (10) Energy efficient site design � (11) Potential adverse effects 4. Delete the definition of the symbol"Y YES" in § 135-16B in its entirety Removes SPS and replace with the following: requirement if 10,000 , SF or more Y YES: Permitted as of right. 5. Add a new symbol"R" in § 135-16B after the symbol "Y" and its Defines "R" definition, as follows: R: Site plan review required(see § 135-13.1B). 6. Delete the words stricken through and change the letter under the CM Al/ows additional uses _ column in the lines of Table 1 (Permitted Uses and Development in the CM district Standards),Part B (Commercial Uses) as shown below: Line CM Uses and structures with less than 10,000 square feet of gross floor area including the area of any existing structures but not including any 6.21 floor area devoted to off-street parking, on a lot^�^.,��'��'*"� ,�� 'R � ncrm�4F r! '+nr7 nn nl'cc �.ii+h+hc nncr�4inn �nrl rlc�iclnnmcn+cf�+n_ rl� �..�........ ....... ..... .r..�� ...... �..� �r_.�_. .J "_ __'_'_r_'__._' _' ' in+i'f'1'TRTCJ"TQVi'C . ... _.____. ..._.-._._ _..__.._ __._._. ...-._...._ _-_.__ __._.___.. � .....__. .... . April 27, 2009 Adjourned Session of the 2009 Annual Town Meeting, cont... 37 Uses and structures with 10,000 or more square feet of gross floor Uses now allowed B 22 area including the area of any existing structures but not including any �R without SPS floor area devoted to off-street parking, on a lot�e�i�+�^� +Q "� �,�,��A — 7.11 Beauty salon, barber shop �Y 7.12 Laundry or dry cieaning �,}Y Person, Business 7.13 Tailor, dressmaker, shoe repair #Y Services IBank, credit union -- 7.15 b.with drive-u window or auto-oriented branch bank �Y 8.11 Convenience good often bought on a daily basis such as food, candy, �Y newspapers, tobacco products — 8.13 Food, but nof that intended for consumption on the premises, includes �Y delicatessen or bakery, but not a takeout br fast-food service — Other retail goods such as books, stationery, drugs, sporting goods, $ �� jewelry, photographic equipment and supplies, flowers, novelties, �Y cards, footwear, and the like which are typically of a size that a — Sales or Rental of customer can carry by hand Goods, Equipmenf $21 Sale or rental of equipment and supplies such as office fumiture, to �Y other businesses — i 8.31 Stores with less than 2,000 square feet of floor area per establishment �Y 8.32 Stores with 2,000 or more square feet of floor area per establishment �SP All sales or rental conducted entirely within a fully enclosed building; 8.33 temporary display of products outdoors during operating hours �Y permitted Sales or rental conducted in part outdoors with permanent display of 8.34 products during non-operating hours; subject to screening N SP � requirements in Article X 9.12 Fast-food or takeout service serving enough food to comprise a meal �SP Takeout or fast-food service serving food or beverages, such as 9.13 coffee, snacks, ice cream, or donuts, but not enough to comprise a �SP Eating, Drinking, meal . Transient Accommodations 9.14 Caterer or other establishment preparing meals for groups of people �Y 9.16 Hotel, motel �g.y � ... Commercial 10.12 Indoor athletic and exercise facilities,weight reduction salon �Y Recreation — �"8 April 27, 2009 Adjourned Session of the 2009 Annual Town Meeting, cont... 7. Amend § 134-43B as follows: Uses in Nation Flood Delete the first paragraph of subsection(4) in its entirety and replace with Insurance District no the following: longer need SP but still Requirements. Construction or substantial improvements within the subject to same district are subject to the following requirements. requirements In subsection(4)(b), delete the words "for a special permit" and delete the words "the SPGA with". In the first paragraph of subsection(4)(c)[1], delete the words "SPGA shall grant no special permit for the"between the words "as a floodway,the" and "following encroachments"and add the words "are not permitted"between Requirements are the the words "following encroachments" and"unless", so as to read as follows: � ' same,just nof a part pf [1) Within those areas designated as a floodway,the following � ! an SP process encroachments are not permitted unless a registered professional engineer or architect certifies that such encroachments will not result in any increase in the flood level during the occurrence of the one hundred-year flood discharge: Required transition area g• In § 135-54C, change the depth or width of the transition area for the . reduced street line in the CM district from 50 feet to 25 feet. 9. Delete § 135-65D in its entirety and replace with the following: Allows off-street parking D. Off-street parking spaces required for two or more buildings,uses, or in a common lot by right establishments on a single lot may be provided in a common lot. Allows for the instances 10. In § 135-66A, delete the words "Board of Appeals" and replace with the when the Planning word "SPGA". Board is the SPGA 11. In § 135-67B(2),remove the "," after CRO, CLO and establish a separate line for the CM district with the following setbacks: Residential District Line 50*, Street Line 25,All other Lot lines N.R., Wall of a Principal Building 5. The table will now read as follows: ' Residential Street All Other �►all of a � Reduces the setback District Principal for parking lots from the District Line Line Lot lines guilding street/ine from 50'to RS, RO, RT N.R. 25 5 5 25'in the CM district RD, RM N.R. 25 8 5 CRO, CLO 50* 50 10 5 CM 50* 25 N.R. 5 CRS, CS, 20'' 10 N.R. 5 CB, CN *No requirement where the residential district line is coterminous with the line of the right-of-way now or formerly of the Boston and Maine Railroad or the right-of-way of State Route 2 or State Route 128. AIlows for the instances 12. In § 135-69, delete the words "Board of Appeals" and replace with the when the Planning word "SPGA". Board is the SPGA Alfows for one standing 13. Add a new sentence at the end of§ 135-77A(3) as follows: sign per lot by right in ��e CM District one standing sign,not to exceed 50 square feet in the CM District area and 5 feet in height, shall be permitted by right on each 1ot. Allows for the instances . 14. In § 135-85 delete the words "the Board of Appeals, acting as" after the when the Planning words "Article III,". Board is the SPGA In the CM District 15. Amend Table 2 (Schedule of Dimensional Controls) by changing the CM reduces setbacks, column and the footnotes as shown in the strike throughs and substitutions allows 65'height, and below: Fa�of.40 with ability to exceed by SP _ ___---------- - ------ --_ _ _ _ _- � - _ _ _ April 27, 2009 Adjourned Session of the 2009 Annual Town Meeting, cont... `�� Districts RO RS 8� RM&RD CN CRS CS CB CLO CRO CM RT a Uses permitted in RS&RT Districts shall conform to provisions of§135- 35B Minimum lot area in square feet 30,000 15,500 125,000 15,500 15,500 15,500 NR 30,000 5 3 acres acres Minimum lot fronta e in feet 150 125 100 125 125 125 20 175 300 200 Minimum front yard in feet(b),(c),(j), 30 30 50 30 30 30 NR 50 100 �5 25 k) �d� — Minimum side yazd in feet(k) 15(e) 15(e) 40 20 20 15 NR 30 50 �8 25 S�2 ' Minimum rear yard in feet(k) 15(e) 15(e) 40 20 20 20 10 30 50 �9-25 � Minimum side and rear yard adjacent 15 15 : 40 30 30 30 30 50 100 100� I to,or front yard facing a residential district in feet Maximum floor area ratio(FAR) NR(i) NR(i) NR(i) 0.20 0.20 0.20 2.0 0.25 0.15 9a-� 0.35(h1 Maximum percentage site coverage 15% 15% 25% 20% 25% 25% NR - 20% 25% �% ) NR Public and institutionai buildings, 2.5 2.5 2.5 3 3 3 2 3 3 �NR maximum hei ht:In stories: Public and instifutional buildings, 40 40 40 45 45 45 30 45 45 45 65 maximum hei ht: in feet: � Other buildings,maximum height:In 2.5 2.5 NR 1 2 2 2 2 3 3 NR stories Other buildings,maximum height:In 40 40 40 15 25 25 25 30 45 4�65 feet: h As used in the Schedule of Dimensional Controls,symbol"NR means no requirements, "s.f."means square feet;and"ft." means linear feet. (FOOTNOTES CONTINUED ON NEX7'PAGE) a. Development of new multifamily dwellings is not permitted in the RM District; these standards apply to RM Districts in existence in January 1985. Minimum lot areas in RM Districts shall be 3,000 sq. ft. per dwelling unit containing one room used for sleeping;3,500 sq.ft. per unit with two such rooms;and 4,000 sq.ft. per unit with three or more such rooms. For RD Districts see§135-42C. b. Where lawfully adopted building lines require yards in excess of these requirements,the building line shall govern. c. The minimum front yard for any other street, which is not the frontage street(see definition), shall be 2/3 of that required for the frontage street, except that in the case of a street laid out after January 1, 1987, or in the case of nonresidential uses �c��T�"'� ' '�^�c " ' +��^,�^" ^.�^) located in the RO, RS or RT Districts (see Table 1, lines 2.1 1 through 4.14) or for uses located in the CM district,the minimum front yard facing all streets shall be the same as that for the frontage street. d. Except ten-foot yard on Muzzey Street, Raymond Street,Vine Brook Road and Wallis Court for lots abutting these streets. e. For institutional uses(see Table 1, lines 2.11 through 2.19)the minimum setback for a building shall be the greater of 25 feet ✓ or.a distance equal to the height of the building as defined in§135-39. For other nonresidential uses (see Table 1, lines 3.11 through 3.15 and 4.11 through 4.14), increase the required side yard to 20 ft. plus one ft. for every Y acre (or fraction thereofl over'/z acre lot area. f. See Article X, Landscaping,Transition and Screening. g. Applicable only to uses permitted by special permit. h. �—This limit may be waived by special permit. i. For institutional uses(see Table 1,lines 2.1 1 through 2.19),the maximum floor area ratio shall be 0.25. j. Along the southwesterly side of Bedford Street between the. Northern Circumferential Highway (Route 128) and Hartwell Avenue there shall be a front yard of 233 feet measured from the base line of Bedford Street as shown on the Commonwealth of Massachusetts layout 4689,date June 3, 1958,and shown as auxiliary base line"F'on the State Highway Alteration layout 5016, dated August 30, 1960. k. A structure in an RD Planned Residential Development must comply with minimum yard setback on perimeter of tract as required by §135-42C(1). In a special permit conventional subdivision, dwellings which have a gross floor area of 2,500 square feet or more are required to have a greater minimum side and rear yard;see§135-46A. 16. Amend the first paragraph of§135-43 by inserting"specifically ARTICLE 45 provided otherwise in this Bylaw" at the end of the first sentence and � deleting the second sentence so that it reads as follows: Allows specific "An overlay district is a special purpose zoning district which is requirements of an superimposed over another zoning district so that the land contained within overlay district to the overlay district is subject to the requirements of both the overlay district ! rep/ace those of the and the zoning district in which it is located, unless specifically provided _ underlying district otherwise in the Bylaw." Allows the creation of a 17. Add the following to the end of§ 135-43: TMO District C. Transportation Management Overlay District (1) Purpose. The Town may create Transportation Management Overlay � (TMO) Districts that allow greater opportunity for facilitating effective Purpose and guiding multi-modal transportation networks that increase the quality of life in principles of the TMOD Lexington through improved traffic management and mitigation to that � �u.tlined in Article XT_ Off-street Parkin� and T,�a.din�_ a.nd Article XTL '�'� April 27, 2009 Adjourned Session of the 2009 Annual Town Meeting, cont... Traffic, of the Zoning Bylaw consistent with the following principles: (a) Multimodal Consideration. To ensure that the safety and mobility of all users of the circulation and transportation systems, including vehicles,public transit,pedestrians and cyclist, are considered equally; (b) Context Sensitive Design. To incorporate, throughout project planning, design, and construction,the overarching principles of Context Sensitive Design, including attention to scenic, aesthetic, - historic, and environmental resources; and (c) Clear Process. To develop and implement plans adopted through a �, broad-based, clear and transparent process. (2) District superunposed over other districts. A TMO Distnct shall not I,_.J supersede other zoning districts,but shall be deemed to be superimposed over these other zoning districts, except that if an Allows election of TMO applicant elects to comply with the requirements in this section as districtrequirements provided in 135-43C(3)below,this §135-43C sha11 supersede §§135-71 through 73. The boundaries of TMO Districts shall be indicated on the Town's official Zoning Map. (3) Applicability. The provisions of this section shall apply to developments located within a TM�District that elect to comply with the requirements of this section, § 135-43C, instead of complying with §§ 135-71 through 73. Notwithstanding anything set forth herein to the Establishes an contrary, an applicant may not make such an election until a plan for the alternative fo Article Xll, TMO District has been ado ted b the Plannin Board as described Traffic but only after a p y g plan for the district has below. A final certificate of occupancy shall riot be issued unless or been adopted until all provisions of§ 135-43C have been satisfied, except for those conditions that by their terms are intended to be satisfied after occupancy of the structures for which the certificate of occupancy is sought. (4) Transporta.tion Study Required. (a) The Planning Board, after consultation with the Board of Selectmen and an advertised public meeting, shall adopt a specific plan for each TMO District containing the following elements: [1] Assessment of the impacts of reasonably anticipated future development in the TMO District considering current zoning bylaws and other legal and physical constraints; [2] Analysis of existing capital improvement plans or the facilities element of a plan adopted under Massachusetts General Law, c. . 41, sec. 81D; [3] Cost projections for transportation infrastructure improvements required to address the impacts generated by the anticipated development in the TMO District, including the potential Each TMO District must impact on nearby residential streets and neighborhoods; have a mitigation plan [4] Analysis of other reasonably anticipated sources of funding [5] Required transportation mitigation fees in accordance with a methodology determined pursuant to this study; [6] Off-street parking and loading requirements for the TMO District; [7] Parking and Transporta.tion Demand Management techniques reasonably calculated to reduce the number of vehicle trips � generated by developments in the TMO District and to ensure the long term stability of the ixansportation system; [8] An implementation program that defines and schedules the specific municipal actions necessary to achieve the objectives of the plan; and [9] A plan to encourage voluntary participation in TDM programs by those not required to participate. (b) The plan shall be updated periodically to reflect actual development activity, Plan to be updafed actual costs of infrastxucture improvements completed or underway,plan changes, or amendments to the zoning bylaws. . ___— _--____----------___ -- -- - ----- - -- _ __- _ _ __ - - --_ --______----- _-- --___ __ _ I April 27, 2009 Adjourned Session of the 2009 Annual Town Meeting, cont... 4�� (5) Transportation Mitigation Eee. (a) The payment of a transportation mitigation fee is required when an applicant elects to proceed under this section. The imposition of a transportation mitigation fee shall not prevent the Town from imposing fees it may otherwise impose under local bylaws. (b) Timing of Payment. Payment of the transportation mitigation fee shall be in cash,under terms and conditions specified in the TMO District plan. (c) Payment Use. Any transporta.tion mitigation fees paid to the Town are intended to be used to fund transportation infrastruciure improvements that are necessitated by the proposed development of ' the applicant. Examples of appropriate uses include the costs related . — to the provision of equipment, infrastructure, facilities, services, or Required payment of studies associated with the following: traffic mitigation; public mitigation fee ��sportation; bicycle and pedestrian accommodations or other transportation-related improvements. Except where deficiencies are exacerbated by the new development, in which case the fee may be assessed only in proportion to the deficiency so exacerbated,the fee shall not be expended for personnel costs, normal operation and maintenance costs, or to remedy deficiencies in existing faeilities. The expenditure of the fees without Town Meeting appropriation is prohibited. (d) Rough Proportionality and Reasonable Benefit to Fee Payer. The transportation mitigation fee shall be determined by the T1VI0 District plan described in § 135-43C(4). T'he fee shall be roughly proportionate to the impacts created by the development. The purposes for which the fee is expended shall reasonably benefit the proposed development. (6) Parking and Tra�c Demand Management. (a) Submission of a Parking and Transportation Demand Management � Parking and (PTD1V�plan which is consistent with the TMO District plan Transportation Demand described in § 135-43C(4) above is required when an applicant �--- Management plan elects to proceed under this section, § 135-43C. Compliance with required the submitted PTDM plan shall be a condition of any permit approvals. (b) Enforcement. Compliance with the PTDM plan submitted with an approved pernut application may be enforced through § 135-9. (7) Special Permits. Where a development electing to proceed under this Specia!permit approval section also requires a special permit or special permit with site plan must be conditioned to review,the SPGA shall not grant the special permit unless it imposes include the fee and conditions, including transportation mitigation fees and paxking and PTDM measures traffic demand management requirements,to meet the goals of the TMO D�strict plan. 18. Add a new entry to the list of zoning districts in § 135-2B(1)with the symbol, "TMO" and the title "Transportation Management Overlay." 19.Amend the Zoning Map of the Town of Lexington by creating a new ' ARTICLE 46 Traffic Management Overlay District(TMO-1) as shown on the map Sets out fhe boundaries entitled "'Traffic Management Overlay District" dated Apri122,2009, of the TMO District and encompassing the parcels listed in the document entitled "Parcels in the TMO-1 District", dated April 22,2009. _ AMENDMENT: The following resolution be adopted, in addition to any other action under the article: RESOLVED that Town Meeting requests that, as soon as possible after the adoption by the � Planning Board of the TMO-1 District Plan, the Board of Selectmen include an article in a Town Meeting warrant to see if the Town will adopt a resolution expressing its recommendations on the TMO-1 District Plan to the Planning Board. 8:06 p.m. Charles Hornig moved the Report of the Planning Board on Articles 44, 45, and 46 be accepted and placed on file. Unanimously Adopted. Mr. Hornig reported the Planning Boaxd in favor of the consolidated motion(4-1). 8:33 p.m. George Burnell reported Board of Selectmen is in favor of the motion. ��'2 April 27, 2009 Adjourned Session of the 2009 Annual Town Meeting, cont... 8:38 p.m. Larry Smith, Chamber of Commerce, spoke in support. 8:42 p.m. Sheryl Mahoney,Vice-Chair, Economic Development Advisory Committee, reported unanimous support of Articles 44-45-446. 8:44 p.m. Nyles Barnert,pr.4,Board of Appeals Chauman, spoke in support. 8:48 p.m. Alan Levine reported unanimous support of the Appropriation committee. 8:50 p.m. Anthony Galaitsis, pr.6, reported his minority position in opposition as a member of the Planning Board. 8:59 p.m. Members spoke in favor and opposition, questioning scenarios for implementation and process, change in power, created by these articles for future approval,to which Mr. Hornig and Town Counsel Kevin Batt responded. 9:25 p.m. Wood Street resident Richard Thuma spoke in support, and Westview Street resident Evelyn Dickson spoke in opposition to article 44. 9:33 p.m. Edith Sandy,pr.6,moved the motion be amended: - AMENDMENT: That the following resolution be adopted, in addition to any other � action under the article: RESOLVED that Town Meeting requests that, as soon as possible after the adoption by the Planning Board of the TMO-1 District Plan, the Board of Selectmen include an article in a Town Meeting warrant to see if the Town will adopt a resolution expressing its recommendations on the TMO-1 District Plan to the Planning Board. . Ms. Sandy explained requested action in the Amendment. Charles Hornig reported support of the Planning Board for the Amendment. Selectman Norman Cohen reported no objection of the Board of Selectmen to the nonbinding resolution. 9:38 p.m. Members and residents questioned traffic plan design procedures and procedures for voting the full motion under the three articles,to which Ms. Sandy and Moderator Deborah Brown responded. 9:94 p.m. Scott Burson,pr.4, called the question on the Amendment. Motion Adopted. 9:43 p.m. Amendment Adopted. 9:44 p.m. Chamber of Commerce Executive Director Mary Jo Bohart spoke in support. Planning Board Chairman Charles Hornig responded to questions regarding possible building scenarios and traffic mitigation efforts. 9:55 p.m. Members spoke in favor and in opposition. 10:13 p.m. Robert Whitman,pr.3, called the question. Adopted. 10:13 p.m. Charles Hornig summarized. 10:14 p.m. Following a voice vote the Moderator declared a standing vote to be in order, tallied as follows: PCT YES NO 1 14 • 5 2 11 6 3 14 3 4 16 4 5 12 5 6 14 5 7 17 0 8 16 0 9 15 2 At Lar e 8 1 TOTAL 137 31 Adopted as amended by a vote of 137 in the affirmative and 31 in the negative,more than the necessary two-thirds. 10:20 p.m. Charles Lamb,pr.4, served notice of reconside�ation on Articles 44-45-46. 10:20 p.m. Presented by Selectman Jeanne Krieger. ARTICLE 9: APPROPRIATE FOR PLANNING BOARD CONSULTING SERVICES MOTION: That the Town appropriate $100,000 for consulting services for the Planning Board, and that to meet this appropriation $100,000 be raised in the tax levy. 10:20 p.m. Jeanne Krieger reported unanimous support of the Board of Selectmen. 10:22 p.m. Charles Hornig moved the Report of the Planning Board on Article 9 be accepted and placed on file. Unanimously Adopted. Mr. Hornig reported the support of Planning Board and responded to questions. Alan Levine reported the unanimous support of Appropriation Committee. 10:25 p.m. Motion Adopted. 10:26 p.m. Alan Levine,pr.8, served notice of reconsideration on Article 9. 10:26 p.m. Norman Cohen moved the meeting be adjourned until 7:30 p.m., Monday, May 4, 2009 at Cary Memorial Hall. Motion Not Adopted. _ _---- —-----__ ______ __ __ -- T—___ _ ----- ._ _ ApYil 27, 2009 Adjourned Session of the 2009 Annual Town Meeting, cont... =�'� 10:28 p.m. Presented by Planning Board Chairman Charles Hornig. ARTICLE 47: AMEND ZOING 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. TEXT FROM PLANN/NG BOARD REPORT on Article 47: � MOTION: Amend the Zoning Bylaw as follows: Proposed �4 Reference Existing Redlined (Commenfs are in italics and `__ . are not part of the proposed chan es §135-91.B The Town of Lexington's The Town of Lexington's The Town of Lexington's �,.� pp. 135:148 Design Advisory Committee Design Advisory Committee Design:Advisory Committee � � shall review an applicanYs shall review an applicanYs shall review an applicanYs rt c site plan and make site plan and make site plan and make � recommendations to the recommendations to the recommendations to the u' a Director of Inspectional ' ' Building Commissioner or ~� Services. �e�+ses the Buildinq designee. �, Commissioner or desiqnee. (Removes outdated � a � reference � r�* §135-91.0 Review by the Cable Review by the-Sa�4e Review by the �� °t pp. 135:148- Television and T�-�-a^,a Communications Advisory o � 135:149 Communications Advisory Communications Advisory Committee.The Board of � `� Committee. The Board of Committee. The Board of Selectmen's Communications � c� Selectmen's Cable Television Selectmen's Advisory Committee shall p'' � and Communications a�d-Communications review an applicanYs �, � Advisory Committee shall Advisory Committee shall application and make ' � � review an applicanYs review an applicanYs recommendations to the � w application and make application and make Building Commissioner or recommendations to the recommendations to,the designee for by right permit � '� Director of Inspectional applications and to the SPGA n �' Services for by right permit �ew+ses-Buildinq for special permits. The o, �' applications and to the SPGA Commissioner or designee Cable Television and " � for special permits. The for by right permit Communications Advisory N � Cable Television and applications and to the SPGA Committee will make o � Communications Advisory for special permits. The comment as to the `°� Committee will make application's adherence to comment as to the Communications Advisory the provisions of this Article -- application's adherence to Committee will make XV. the provisions of this Article comment as to the (Removes outdated XV. application's adherence to references) the provisions of this Article XV. §135-12B(2(h) That open space on the site, That open space on the site, That open space on the site, p. 135:35 particularly such common particularly such common particularly such common open space and usable open open space aad-�+sa�epea open space as may be space as may be required by s�ase as may be required by required by this bylaw, is this bylaw, is located and this bylaw, is located and located and designed so as designed so as to increase designed so as to increase to increase the visual the visual amenities for the the visual amenities for the amenities for the surrounding surrounding area as well as surrounding area as well as area as well as for the for the occupants of the for the occupants of the occupants of the development; development; development; (The requirement for usab/e _ open space was removed in ' 2008. §135-14A(2)(e)[5] The boundaries of any The boundaries of any The boundaries of any p. 135:43 common open space or common open space-e� common open space; usable open space; , (The requirement for usable ' open space was removed in 2008. §135-14A(2)(fl[4] The location and The location and The location and p. 135:43 characteristics of any characteristics of any characteristics of any common open space or common open space� common open space; usable open space; �sa�4e--epe�spase; (The requirement for usab/e , open space was removed in 2008. Common or usable open Common er-�+sable open Common open space, if any; §135-14A(2)(g)[3] space, if any; space, if any; (The requirement for usable p. 135:44 open space was removed in 2008. §135-21 B(2)(e) There shall be provided at There shall be provided at There shall be provided at p. 135:67 least 150 square feet of least 150 square feet of Ieast 150 square feet of open usable open space,as t�sable open space-as space for each resident. described in§135-46E,for ,for (The entire§135-46E and the each resident. each resident. requirementforusable open space were removed in 2008. � April 27, 2009 Adjourned Session of the 2009 Annual Town Meeting, cont... 10:28 p.m. Charles Hornig moved the report of the Planning Board on Article 47 be accepted and placed on file. Adopted. Mr. Hornig reported. 10:28 p.m. Selectman Jeanne Krieger reported unanimous support of the Board of Selectmen: 10:29 p.m. Unanimously Adopted. ' 10:29 p.m. Norman Cohen moved the meeting be adjourned unti17:30 p.m., Monday, May 4, 2009, Cary Memorial Hall. Motion Unanimously Adopted. A true copy. Attest: �"�it-�'�-�'� /� Donna M. Hooper, To Clerk � ------------------------------------------------ May 4,2009 Adjourned Session of the 2009 Annual Town Meeting The ninth session of the 2009 Annual Town Meeting was called to order by Moderator Deborah J. Brown at 7:30 p.m., May 4, 2009, Cary Memorial HaII; a quorum of 176 present. 7:33 p:m. The Moderator declared a moment of silence in honor of former town meeting members Everett Fowle and Jason Woodward who recently passed away. 7:36 p.m. The Moderator declared a brief recess for an update from Health Director Gerard Cody on the Swine F1ulHlNlflu pandemic. 7:46 p.m. ARTICLE 2: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES 7:46 p.m. Elaine Dratch moved the Revised Report of the Transportation Advisory Committee be accepted and placed on file. Adopted. Sheryl Mahoney moved the Report of the Economic Development Advisory Committee be accepted and placed on file. Adopted. 7:SS p.m. Selectman Jeanne Krieger moved Article 49 be taken up at this time, followed by Articles 48, 25, 30 and 31 in that order. Unanimously Adopted. �� 7:58 p.m. Presented by Edmund Grant,pr.6, . � � ARTICLE 49: AMEND ZONING BY-LAW—CRO AND RO TO CD, � „ 95-99 HAYDEN AVENUE, 124-128 SPRING STREET (owNeRs'PETITION) � 00 MOTION: That the Zoning Bylaw Chapter 135 of the Code of Lexington be amended by � v changing the zoning designation of the land described in the Article from the current � � CRO Regional Office District and RO One Family Dwelling District to CD Planned � Commercial District. � a � a� � `f' The boundaries of the CD Planned Commercial District shall be as set forth in the Petition for � � Change of Zoning District and Approval of Preliminary Site Development and Use Plan � � (PSDUP), as contained in Appendix 9 of the PSDUP, dated December 22, 2008. a� o � a o ,,, The land in the CD Planned Commercial District shall be subject to the PSDUP dated ; o December 22, 2008. - � o N � .0 ^ � ; AMENDMENT: That the main motion be amended so that the land in the CD Planned � � Commercial District shall be subject to the revised and resubmitted PSDUP dated April 17, � � 2009, as referenced in my letters dated April 22 and April 23, 2009, on file with the Planning ,� �� Board and the Town Clerk, all in accordance with the provisions of the Zoning Bylaw Chapter ;� 135 of the Code of the Town of Lexington. (Adopted Unanimously) SUBSIDIARY MOTION: I move that the minority views of Planning Board Members Richard Canale and Anthony Galaitsis be accepted and placed on file. (Adopted) WARRANT ARTICLE TEXT.� To request the Town to amend the Code of the Town of Lexington, Zoning By-Law sections and fhe Zoning Map of the Town of Lexington, by changing the zoning district designation of the land described in a certain wriiten metes and bounds description(Appendix 9)on file with the Planning Board, from the current CRO Regional Office District and RO One Family Dwelling District to a CD Planned Commercial District with certain specified uses(pursuanf to the provisions of Town of Lexington Code§135-42), said property being commonly known and numbered as 95-99 Hayden Avenue and 124-128 Spring Street to allow construction of a new . building for o�ce and laboratory uses and to act in any other manner relative thereto. _ _----- - -- --- ------_ _ _ _ __---- _ . . I -_ __ __ _ _ - _ _-- -- _ __ - -- ____ _ _ _ May 4, 2009 Adjourned Session of the 2009 Annual Town Meeting; cont... `� 7:58 p.m. Mr. Grant recused himself from the vote on Article 49 and offered the Amendment to the main motion. Adopted Unanimously. 8:00 p.m. Peter Nichols, Beal Company,reviewed requested action. 8:35 p.m. Charles Hornig moved report of the Planning Board on Article 49 be accepted and placed on file. Motion Adopted. Mr. Hornig reported the Planning Board recommends approval with the conditions listed in the report and agreed to by the applicant. 8:41 p.m. Alan Levine reported the unanimous support of Appropriation Committee (9-0). 8:45 p.m. Jeanne Krieger reported unanimous support of the Board of Selectmen. � 8:48 p.m. John McWeeney, Economic Development Advisory Committee, spoke in favor. 8:52 p.m. Richard Canale, Planning Board, spoke in opposition and reported minority views `� � of the Planning Board. 8:59 p.m. Edith Sandy,pr.6. moved subsidiary motion under Article 49: SUBSIDIARY MOTION: I move that the minority views of Planning Board members Richard Canale and Anthony Galaitsis be a�ccepted and placed on file. Subsidiary Motion Adopted. Members and citizens spoke in support and opposition. 9:47 p.m. David Burns,pr.5, called the question. The Moderator called for a standing vote, tallied as follows: PCT YES NO 1 14 7 2 13 5 3 7 g 4 3 17 5 10 6 6 10 10 7 6 9 _ ' 8 13 3 9 8 8 At Lar e 7 6 TOTAL 91 80 9:47 p.m. With a vote of 91 in favor and 80 opposed the Moderator declared , the question now put. i -� 9:51 p.m. Ed Crrant summarized. The Moderator called for a standing vote,tallied as follows: PCT YES NO 1 17 2 2 16 3 � 3 9 8 4 12 8 5 14 3 6 16 4. 7 13 3 8 14 2 9 15 1 At Lar e 13 1 • TOTAL 139 35 9:59 p.m. With a vote of 139 in favor and 35 opposed,the Moderator declared. with more than the required two-thirds vote,the Motion Adopted. 9:59 p.m. Patrick Mehr,pr.3, served notice of reconsideration of Article 49. 10:00 p.m. Presented by Dawn McKenna,pr.6. . ARTICLE 48: AMEND ZONING BY-LAW— FINANCIAL SUPPORT FOR TRANSPORTATION (CITIZENS' PETITION) MOTION: That the Zoning By-Law of the Town of Lexington be amended to add a new � Section 135-73.1 that states: ' � In addition to other tra�c mitigation specified in the by-law, for each development defined in subsection A, a traffic mitigation fee shall be calculated and assessed at the time a building permit is issued, and paid at the time specified in subsection D, to support the annual operating costs of trip reduction as follows: " A. This section shall apply to the erection of a new building or the enlargement or renovation of an existing building with the result that there are 10,000 square feet or more of gross floor area on the lot, including any existing floor area or there are 50 or more dwelling units, or their equivalent, in a development, including any existing dwelling units. B. Maintenance of a town transportation system is one component of Traffic Demand Management which helps to ensure adequate traffic capacity. �� May 4, 2009 Adjourned Session of the 2009 Annual Town Meeting, cont... C. The definition of a town transportation system shall mean a multi-route bus system; or other means of transportation which directly services the site as determined by the Selectmen with advice from the Transportation Advisory Committee and allows single-occupant automobile drivers to use alternate transportation. D. As a condition of the granting of a building permit, in addition to various actions and programs considered to meet the goal of reducing single-occupant automobile trips made to a development, particularly during peak traffic hours, the applicant shall pay a portion of the costs of providing a town transportation system to the development by choosing either an annual payment option or a lump sum payment option which shall be calculated as follows: (1) Annual fee for non-residential development: shall be the total of$0.05 per gross square foot of any new construction, plus $15 per surFace parking space being ' added to the site, and shall be adjusted annually by the Consumer Price Index as published by the Bureau of Labor Statistics, U.S. Department of Labor or a similar index if it ceases to exist ("CPI"). If a special permit is required, such fee shall be paid each year that the special permit is in place. In the event no special permit is required, the annual fee shall be paid for 50 years, beginning upon the issuance of the Certificate of Occupancy; or (2) Annual fee for residential development: shall be the total of$0.05 per gross square foot of any new construction, and shall 6e adjusted annually by the Consumer Price Index as published by the Bureau of Labor Statistics, U.S. Department of Labor or a similar index if it ceases to exist ("CPI"). If a special permit is required, a fee shall be paid each year that the special permit is in place. In the event no special permit is required the annual fee shall be made for 50 years and will be due upon the issuance of the Certificate of Occupancy; or (3) As an alternative to option (1) or(2), the applicant may opt for a one-time fee. The amount due shall be calculated by determining the present day value of the annual payment as defined in section (1) or(2) as applicable, assuming a 50 year payment timeframe with an annual fee escalation that is an average of the previous 10 year CPI and a discount rate of 5%. If the lump sum option is selected 50% of said sum would be due upon the issuance of the building permit and 50% will be due upon the issuance of the Certificate of Occupancy. �� 10:00 p.m. Dawn McKenna presented proposed action. 10:27 p.m. Charles Hornig moved the Report of the Planning Board under Article 48 be accepted and placed on file. Motion Adopted. Mr. Hornig reported the opposition of the Planning Board to Article 48. 10:36 p.m. Pam Hoffinan reported 9-0 opposition of Appropriation Committee. 10:36 p.in. Selectman Peter Kelley reported unanimous opposition of Board of Selectmen. 10:37 p.m. Sally Castleman reported unanimous support of Transportation Advisory Committee. 10:39 p.m. Members and residents spoke in support and opposition. 10:50 p.m. The Moderator called for a standing vote,tallied as follows: PCT YES NO 1 4 10 2 0 13 3 2 13 4 1 14 ' 5 8 7 , 6 3 17 7 3 12 8 1 12 9 1 10 At Lar e 1 12 � TOTAL 24 120 � With 24 having voted in the affirmative and 120 in the negative, Motion Not Adopted. 10:50 p.m. Dawn McKenna,pr.6, served notice of reconsideration of Article 48. 10:57 p.m. Norman Cohen moved the meeting be adjourned unti17:35 p.m., Wednesday, May 6,2009, Cary Memorial Hall. Motion Adopted. A true copy. �%�� Attest: � �� - Donna M. Hooper, Town Clerk _ _------- - _ ___ _--_ — __ -_ � _-_ __ --- - _ __ __. _ _ _ _ _ ___-------- :4� May 6,2009 Adjourned Session of the 2009 Annual Town Meeting The tenth session of the 2009 Annual Town Meeting was called to order by Moderator Deborah J. Brown at 7:35 p.m., May 6, 2009, Cary Memorial Hall; a quorum of 146 present. Dawn McKenna,pr.6, announced her intent to move reconsideration of Article 48. 7:40 p.m. Presented by Selectrnan Jeanne Krieger. ARTICLE 25:ESTABLISH AND APPROPRIATE TO SPECIFIED STABILIZATION FUNDS MOTION: a) That a Center lmprovement District Stabilization Fund, to fund needed improvements in Lexington Center, be created in accordance with M.G.L. Chapter 40, ; Section 5B, and b) 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) $20,000 be appropriated to the Traffic Mitigation Stabilization Fund, and to meet this appropriation $20,000 be transferred from the TDM Avalon Bay special revenue account. 3) $65,049 be appropriated to the Transportation Demand Management/Public Transportation Stabilization Fund, and to meet this appropriation $65,049 be transferred from the Lexpress TDM special revenue account. 4) $100,000 be appropriated to the Center Improvement District Stabilization Fund and to meet this appropriation $100,000 be transferred from the Center Improvement District special revenue account. 7:40 p.m. Jeanne Krieger reported unanimous support of Board of Selectmen. 7:42 p.m. John Bartenstein reported unanimous support of Appropriation Committee. Margaret Coppe reported unanimous support of School Committee. Charles Hornig reported support of Planning Board. 7:42 p.m. Jeanne Krieger responded to questions on Avalon Bay revenue account. 7:45 p.m. Unanimously Adopted. '� 7:46 p.m. Alan Levine served notice of reconsideration of Article 25. 7:46 p.m. Presented by Selectman George Burne1L ARTICLE 30: AMEND FY2009 OPERATING BUDGET MOTION: That the following amounts be appropriated to the following line items for the current fiscal year's budget as approved under Article 4 of the 2008 Annual Town Meeting and subsequently amended under Article 3 of the 2008 Special Town Meeting, and that said amounts be transferred from the following sources: Line Item Description From To 3100-3500 DPW Personal Services $ 3,162,037 $ 3,462,037 3100-3500 DPW Expenses $ 4,618,678 $ 4,943,853 2130 Health Insurance $ 22,140,749 $ 21,685,574 2140 Unemployment $ 100,000 $ 130,000 8210-8220 Town Manager's $ 199,750 $ 239,750 Ex enses 2230 Debt Service -Temporary $ 243,818 $ 203,818 Borrowin and, further that $200,000 be appropriated from the General Fund Unreserved Fund Balance. 7:47 p.m. Town Manager Carl Valente reviewed request. Alan Levine reported unanimous support of Appropriation Committee. 7:51 p.m. Town Manager Carl Valente responded to health insurance questions. 7:53 p.m. Unanimously Adopted. Alan Levine served notice of reconsideration ofArticle 30. [8:22 p.m.) 48 May 6, 2009 Adjourned Session of the 2009 Annual Town Meeting, cont.. 7:54 p.m. Presented by Selectman George Burnell. ARTICLE 31: APPROPRIATE FOR AUTHORIZED CAPITAL IMPROVEMENTS MOTION: That in addition to the $550,000 previously appropriated under Article 31(a) of the 2007 Annual Town Meeting, $150,000 be appropriated for the construction of a subsurface slurry wall at Lincoln Field for methane mitigation, and that to meet this appropriation $150,000 be transferred from the unexpended balance appropriated under Article 8(i) of the 2003 Annual Town Meeting. 7:54 p.m. George Burnell reported support of a majority of Board of Selectmen. David Kanter reported unanimous support of Capital Expenditures Committee. Susan McLeish reported [9-0] support of Appropriation Committee. � 7:56 p.m. Members questioned current balances and status of bathhouse construction,to which J Selectman Peter Kelley and Public Works Director William Hadley responded. 8:00 p.m. Selectman Peter Kelley spoke in opposition to Article 31. Members continued questioning on methane gas procedures and need to undertake mitigation action,to which Selechnen Hank Manz, George Burnell,Town Manager Carl Valente,and Town Counsel Kevin Batt commented. 8:31 p.m. John Bartenstein,pr.l, called the question. Motion Adopted. 8:35 p.m. The Moderator called for a standin vote,tallied as follows: PCT YES NO 1 11 5 2 6 4 � 3 5 7 4 16 1 5 8 5 6 10 7 7 7 4 8 10 4 g 7 4 At Lar e 14 2 TOTAL 94 43 With 94 in the affirmative and 43 in the negative,Motion Declared Adopted. � 8:35 p.m. Charles Lamb served notice of reconsideration ofArticle 31. 8:36 p.m. Dawn McKenna,pr.6, moved Reconsideration of Article 48 ancY explained her reasons to support Reconsideration of Article 48. 8:39 p.m. Motion for Reconsideration of Article 48 Not Adopted. 8:40 p.m. Selectman Norman Cohen commended Deborah Brown for her first Town Meeting as Moderator. Town Meeting showed its appreciation with tliunderous applause. 8:40 p.m. Norman Cohen moved the 2009 Annual Town Meeting be Dissolved. Unanimously Adopted. A true copy. Attest: l�"��1� Donna M. Hooper, T wn Clerk J __ __ ____ __ :______ ____ __ __ _ _ f ___ _ ___._ __ _ _ __ ___ ___ _______ ___ 2009 Special Town Meeting 49 May 6,2009 (See Warrant File for Warrant) The first session of the May 6, 2009 Special Town Meeting was called to order by Moderator Deborah J. Brown at 7:30 p.m.;Wednesday, May 6, 2009, Cary Memorial Ha11; a quoium of 146 present. 7:39 p.m. Selectman Norman Cohen moved the Special Town Meeting be adjourned until after the finish of business for the Annua.l Town Meeting. Motion Unanimously Adopted. 8:41 p.m. The Moderator called the meeting into session and immediately called a recess for �, the Community Preservation Committee to caucus. 8:54 p.m. The Moderator called the meeting back to order and Town Clerk Donna Hooper � Y read the Warrant for the meeting until waived. The Town Clerk read the Constable's Return of the Warrant. ARTICLE 1: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES 8:56 p.m. Charles Lamb moved the Supplemental Report of the Capital Expenditures Committee to the 2009 Special Town Meeting be accepted and placed on file. Unanimously Adopted. 9:03 p.m. Alan Levine moved the Report of the Appropriation Committee to the Special Town Meeting be accepted and placed on file. Unanimously Adopted. 9:06 p.m. Selectman Norman Cohen moved to take up Article 2 on Monday, May 11, 2009. Unanimously Adopted. 9:06 p.m. Presented by Andrew Friedlich. ARTICLE 3: PETITION FOR CHANGE OF ZONING DISTRICT 12-18 AND 24 HARTWELL AVENUE MOTION: That the Code of the Town of Lexington, the Zoning By- � o Law sections, and the Zoning Map of the Town of Lexington, be amended to � N change the zoning district designations for the two properties described herein ��, from CRO, Regional Office District, and CRO/CM, Regiohal Office District and � > N Commercial Manufacturing District, to the CM District: 0 ��,,� � 1. 12-18 Hartwell Avenue: CRO Zoning District to CM Zoning District; and � � > 2. 24 Hartwell Avenue: CRO Zoning District and CM Zoning District to CM -- o � a Zoning District; Q� o each more specifically described in the metes and bounds legal descriptions on Q � � file with the Board of Selectmen and Town Clerk. 9:06 p.m. John Farrington spoke on behalf of the property owners. 9:11 p.m. Charles Hornig moved the Report of the Planning Board under Article 3 be accepted and placed on file. Motion Adopted. Mr. Hornig reported the support of the Planning Board. 9:12 p.m. Selectman George Burnell reported unanimous support of Board of Selectmen. 9:13 p.m. Mary Jo Bohart, Executive Director,reported unanimous support of Chamber of Commerce. 9:15 p.m. Charles Hornig responded to traffic demand management district questions. 9:16 p.m. Motion Declared Unanimously Adopted. 9:16 p.m. Presented by Selectman Hank Manz. ARTICLE 4: APPROPRIATE FOR CLARKE SCHOOL SPRINKLER SYSTEM MOTION: That the Town appropriate $85,000 to make improvements to the sprinkler system in the Clarke Middle School, and that to meet this appropriation $85,000 be raised from the general fund unreserved fund balance. 9:18 p.m. David Kanter reported unanimous support of Capital Expenditures Committee. Mollie Garber reported unanimous support of Appropriation Committee. � 9:18 p.m. Unanimously Adopted. � _, 9:18 p.m. Charles Lamb served notice of reconsideration of Article 4. , 9:19 p.m. Presented by Selectman Norman Cohen. ARTICLE 5: MUNROE SCHOOL DISPOSITION MOTION: That this article be indefinitely postponed. 9:19 p.m. Norman Cohen reviewed justification for indefinite postponement. 9:23 p.m. David Kanter reported unanimous support of Capital Expenditures Committee. 9:24 p.m. Norman Cohen responded to questions on the status of rental payments and rental negotiations. Norman Cohen and Town Counsel Kevin Batt responded to additional questions . on indefinite postponement and impact for future action, alternatives to sale of building, and alternative use of the building. Special Town Meeting of May 6, 2009, cont.... 50 9:30 p.m. Members spoke in support and opposition. Tliomas Griffiths,pr7, announced as a member of the Munroe Center for the Arts Board he would recuse himself from voting. 9:42 p.m. Robert Whitman,pr.3, moved the question. The Moderator called for a standing • vote,tallied as follows: Precinct Yes No 1 10 6 2 6 2 3 8 4 4 14 2 5 5 9 6 11 6 7 5 5 8 11 2 � 9 9 3 AL 10 7 `"'� TOTAL 89 46 9:45 p.m. With 89 having voted in the affirmative and 46 in the negative, motion to move the question Adopted. 9:47 p.m. Peter Kelley offered closing comments. 9:49 p.m. Vote on Indefuute Postponement of Article 5 Adopted. 9:49 p.m. Presented by Selectman Norman Cohen. ARTICLE 6: LAND PURCHASE-OFF LOWELL STREET MOTION: That: (a) the Selectmen be authorized to purchase or otherwise acquire, or to take by eminent domain, for recreation, and/or affordable housing, and/or open space purposes any fee, easement or other interest in all or any part of land shown as lots 38, 40A and 43 on Assessor's Property Map 20 on such terms and conditions as the Selectmen may determine; that the sum of$4,197,000 be appropriated for such land acquisition, and that to raise such amount, the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow $4,197,000 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; (b) $98,000 be appropriated from the Undesignated Fund Balance of the Community Preservation Fund for debt service and related borrowing costs of the Community Preservation Fund for fiscal year 2010; and (c) the Board of Selectmen be authorized to lease to the seller all or any part of such land for farming purposes for a period not to exceed three years on such terms as the Board of Selectmen shall determine, as part of the consideration for the acquisition. 9:49 p.m. Betsey Weiss moved the Report of the Community Preservation Committee on Articles 6 & 7 be accepted and placed on file. Unanimously Adopted. Ms. Weiss reported the unanimous support of the Committee on Articles 6 & 7, with 7-1 in support of financing and covering interest costs. 9:52 p.m. Town Manager Carl Valente presented request. Shirley Stolz reported support of Capital Expenditures Committee. Mollie Garberg reported support of Appropriation Committee. Peter Kelley reported unanimous support of Board of Selectmen. Charles Hornig reported support of Planning Board. 10:00 p.m. Peter Kelley responded to questions on possible property contamination. 10:03 p.m. Neighbors at 60 Lowell Street spoke in support and questioned use options. 10:06 p.m. Members questioned minority vote of Appropriation Committee,to which ' Richard Eurich explained insufficient time was available to review full information. Selectman Norman Cohen responded to some of Mr. Eurich's comments. Members and neighbors continued to speak in support, questioned tax rollback and likely Community Preservation funding from the Commonwealth. 10:30 p.m. John Bartenstein,pr.l, explained intent to offer a Resolution, and moved: RESOLUTION: AND IT IS FURTHER RESOLVED: That the Board of Selectmen form an ad hoc Busa Farm Land Use Committee, made up of five to seven disinterested residents of the Town, to conduct a master planning process for the Busa Farm land that includes public meetings and the solicitation of public input, and to make a recommendation to the next Annual Town Meeting on the use or mix of uses of the land that will best serve the interests of the town. A"disinterested resident" shall mean a person who is not a member of any board, committee, Town department or organization that is advocating for a particular use of land. The ultimate determination of the use of the land and approval of a master plan shall be made by Town Meeting. .._------_- —-- __ _--- __ _ _ ---- __ ---- _ _ _ _ _ __ _ __----- - _ _ __ _----- -___ _______-- I Special Town Meeting of May 6, 2009, cont.... 51 10:37 p.m. Mr. Bartenstein explained Resolution. Motion to extend Mr. Bartenstein's time 3 minutes Adopted. 10:37 p.m. Mollie Garberg reported unanimous support of Appropriation Committee. � Selectman Peter Kelley reported unanimous opposition of Board of Selectmen. David Kanter reported support of Capital Expenditures Committee. Betsey Weiss reported unanimous opposition of Community Preservation Committee to Bartenstein Resolution. - 10:41 p.m. Charles Hornig reported Planning Board's opposition to Resolution. Members spoke in support and opposition to Resolution, questioned wording and if division is possible. 10:56 p.m, Ephraim Weiss,pr.5, moved to lay on table the main motion on Article 6. Motion Not Adopted. 10:58 p.m. Following a question on the existence of a quorum,the Moderator called for a count of inembers; and confirmed with a count of 129 members the existence of a quorum. s 11:01 p.m. John Bartenstein agreed to separate his motion from the main motion. 11:02 p.m. The Moderator declared a recess. 11:05 p.m. The Moderator declared the meeting back in session. John Bartenstein moved to withdraw his Resolution. Motion Adopted. 11:06 p.m. Richard Michelson,pr.8, moved the question. Motion Adopted. 11:06 p.m. Main Motion Declared Adopted by more than the necessary two-thirds vote. 11:08 p.m. Charles Lamb served notice of reconsideration of Article 6. 11:09 p.m. Selectman Norman Cohen moved the meeting be adjourned unti17:30 p.m., Monday, May 1 l, 2009, Cary Memorial Hall. Motion Adopted. A true copy, Attest: ��1�/�° ►�- Donna M. Hooper, Town Clerk May 11,2009 Adjourned Session of the May 6,2009 Special Town Meeting The second session of the May 2009 Special Town Meeting was called to order by Moderator Deborah J. Brown at 7:30 p.m., Monday, May 11, 2009, Cary Memorial Hall; a quorum of 157 present. 7:33 p.m. Presented by Dawn McKenna,pr.6. ARTICLE 2: AMENDMENT TO PRELIMINARY SITE DEVELOPMENT AND USE PLAN, 125, 131 AND 141 SPRING STREET MOTION: That the Preliminary Site Development and Use Plan adopted as part of t{ie CD Planned Commercial District at the May 2004 Town Meeting for the property known as "Lexington Technology Park" be amended. The land in said CD Planned Commercial District shall be subject to the Amended Preliminary Site Development and Use Plan (PSDUP) originally filed on March 6, 2009. MOTION TO REFER ARTICLE 2: MOTION: That Article 2 be referred to the Planning Board and the Board of Selectmen to further review and to report back to the next annual or special town meeting. 7:35 p.m. Steven Rice,Patriot Partners, explained requested referraL � [Edmund Grant on record that he will be recusing himself from voting] 7:38 p.m. Charles Hornig reported no objection from the Planning Board members present. Jeanne Krieger reported the unanimous support of the Board of Selectmen in this taking no action and withdrawal without prejudice. Steven Rice responded to questions regarding reason for delay, explaining that Patriot Partners is prepaxed to meet to assess needs. May 11, 2009 Adjourned Session of the May 6, 2009 Special Town Meeting, cont... .52 7:42 p:m. Patrick Mehr,pr.3, moved the following amendment: AMENDMENT: I, Patrick Mehr, Town Meeting member from Precinct 3, move to amend the present motion by replacing the words "further review...or special town meeting" with the words: "further review, including a comprehensive peer-reviewed traffic study with recommended mitigation methods and cost estimates for the area impacted in a manner substantially similar to §135-43 C. (4) of Lexington's Zoning Bylaws, and to report back to a future town meeting." 7:45 p.m. Charles Hornig reported current Planning Board bylaws are adequate. Alan Levine reported unanimous opposition of Appropriation Committee. Jeanne Krieger reported unanimous opposition of Board of Selectmen. � Members spoke in opposition, with residents at 28 Spring Street speaking on Spring Street traffic problems. 7:50 p.m. Mehr Amendment Not Adopted. 7:51 p.m. Main Motion and Subsidiary Motion Adopted. - 7:51 pm. Presented by Selectman Jeanne Krieger. ARTICLE 7: APPROPRIATE FOR COMMUNITY PRESERVATION COMMITTEE ADMINISTRATIVE EXPENSES MOTION: That $25,000 be appropriated to meet the administrative expenses and all other necessary proper expenses of the Community Preservation committee for FY2009 as approved under Article 9(r) of the 2008 Annual Town Meeting and that to meet this appropriation $25,000 be appropriated from the undesignated fund balance of the Community Preservation Fund. 7:51 p.m. Jeanne Krieger reported unanimous support of the Board of Selectmen 7:53 p.m. Betsey Weiss, Community Preservation Committee Chairperson, spoke on the need for the funding and support of the Committee. 7:55 p.m. Eric Michelson reported unanimous support of Appropriation Committee. Charles Lamb reported unanimous support of Capital Expenditures Committee. 7:56 p.m. Motion Adopted. 7:56 p.m. Presented by Selectman Norman Cohen. � ARTICLE 8: AMEND FY 2009 ENTERPRISE BUDGETS MOTION: That this article be indefinitely postponed. 7:56 p.m. Unanimously Adopted. 7:56 p.m. Presented by Andrew Friedlich,pr.5. ARTICLE 9: RESOLUTION RELATING TO THE DEVELOPMENT AND USE CHANGE AT HANSCOM FIELD MOTION: That the Town adopt the following resolution: Whereas in 1997 the Towns of Lexington, Concord, Bedford and Lincoln approved articles related to the future use and development of Hanscom Field by the Massachusetts Port Authority with the goals: 1. To protect the national historical and cultural heritage of this area, recognizing that our towns are the nation's birthplace and as such have a unique and higher responsibility in addition to the normal municipal and commercial interests and claims. 2. To protect the character and quality of life of Lexington (and the other towns adjacent to Hanscom Field). - 3. To prevent the increased noise, ground traffic and environmental pollution that would result from land development, the expansion of air traffic at Hanscom Field or changes in the character and use of the airport. 4. To protect our town and our residents from any significant financial costs or loss of economic opportunity caused by land development or aviation operations at Hanscom �-., Field. 5. To ensure that Lexington is recognized as a town that is affected by any land development at Hanscom Field, no matter in which community that development takes "� place, and is thus subject to the land use policy statement of Massport's Master Plan for Hanscom Field. 6. To work diligently to mitigate the impact of existing Hanscom related noise and ground traffic conditions in our area. 7. To negotiate a binding agreement with Massport which would ensure full and equal participation by the town(s) in any and all decisions that could result in aviation or other expansion, development, or changes in the character or use of Hanscom Field. � Be it resolved that the Lexington Town meeting rea�rm these goals as originally approved in 1997 and, J ___ __— __ _ ___-- ___ _ _____ __-- --- ----_._— --- - May 11, 2009 Adjourned Session of the May 6, 2009 Special Town Meeting, cont... 53 Whereas Massport's current proposals include: 1. Developing the East Ramp, which would add 400,000 square feet (the equivalent of eight football fields) of hanger space that could accommodate very large jets as well as corporate jets named in the environmental review. 2. Demolishing historic Hanger 24 to make way for a huge new FBO (jet servicing facility) and above ground fuel tank. 3. Cutting 410 trees in Bedford's Jordan Conservation area to enhance the use of the short runway for larger planes. , 4. Using some $10 million of federal stimulus funds (administered through the FAA) to rehab certain taxiways, specifically for enhancing the airport for corporate jets. � As major infrastructure changes which will alter the character of Hanscom Field and, �-- Whereas flight operations at Hanscom Field have declined for the last six years making the need for such proposals questionable and will encourage the most environmentally unsound mode of transportation since corporate jets emit more carbon dioxide per passenger mile than any other form of transportation and cannot be considered part of any long term solution for curbing carbon emissions and should require review under the National Environmental Policy Act, Section 4(fl of the Department of Transportation Act, Section 106 of the National Historic Preservation Act, and the Massachusetts Environmental Policy Act, Be it resolved that the Town of Lexington join the three Congressmen representing four towns surrounding Hanscom Field, our state legislative delegation, the Minute Man National Wistorical Park and the National Trust for Historic Preservation in calling for a moratorium on any expansion of infrastructure at Hanscom Field, including the use of any federal stimulus funds, until a comprehensive and sustainable regional multi-modal transportation plan is developed and seeks the assistance of the Governor, our United States Senators and the Administrator of the Federal Aviation Administration in supporting said moratorium. 7:58 p.m. Carolyn Tiffany, Reed Street, further updated the Meeting. 8:02 p.m. Hank Manz reported the support of Board of Selectmen to reaffirm 1997 vote. 8:04 p.m. Charles Hornig reported support of the Planning Board 8:05 p.m. Motion Adopted. �! 8:05 p.m. John Bartenstein,pr. l, moved that Article 6 be reopened. '---� Moderator Deborah Brown explained Lexington Bylaws require a two-thirds vote _ to add another motion to the main motion. 8:12 p.m. Alan Levine reported unanimaus support of Appropriation Committee. 8:12 p.m. Peter Kelley reported unanimous opposition of Board of Selectmen. 8:14 p.m. Peter Enrich,pr.4, spoke in opposition. 8:14 p.m. Charles Hornig reported opposition of Planning Board. 8:16 p.m. Loren Wood,pr.3, posed Paxliamentary Inquire regarding reopening of the Article. Moderator Deborah Brown explained the reopening to add another motion to the Article. Members spoke in support and opposition. 825 p.m. A standing vote was called on the Motion to Reopen, tallied as follows: Precinct Yes No 7 11 2 2 8 g 3 9 6 ' 4 13 5 5 13 4 6 11 8 ' 7 10 4 8 6 g 9 4 5 AL 8 6 � TOTAL 93 57 I -- Motion to Reopen Not Adopted. 8:33 p.m. Norman Cohen moved the May 6, 2009 Special Town Meeting be dissolved. Motion Adopted. A true copy. Attest: � �� Donna M. Hooper, Town Clerk ' Marjorie M. Daggett, 9 Burroughs Road, removed from Lexington (9 Burroughs Road), as a Town Meeting Member from Precinct 5, effective July 30, 2009. Ms. Daggett's unexpired term as a Town Meeting Member (exp. 201�1) will appear on the ballot at the March 2010 Annual Town Election. 54 Matthew A. Thenen, 90 Maple Street, received the highest number of votes as a defeated candidate for Town Meeting from Precinct 5 at the March 9, 2009 Annual Town Election. As of October 6, 2009 Mr. Thenen's acceptance of the position to fill the vacancy caused bv the resignation of Marjorie M. Daggett(exp. 2011) has been filed with the Town Clerk. This term will expire March 2010. John L. Davies, 18 Prospect Hill Road, removed as a resident of precinct 4 effective October 28, 2009. Mr. Davies' unexpired term (exp. 2011) will appear on the 2010 Annual Town Election Ballot for precinct 4 Town Meeting. Mary Bowes, 32 Arcola Street, removed as a resident of precinct 1 effective December 8, 2009. Ms. Bowes' unexpired term (exp. 2011) will appear on the 2010 Annual Town Election Ballot for precinct 1 Town Meeting. ;� � _ —__ --__ __. _ _ _ ___ -- __ _ __ _ -- __ _ _ _- -_ ---- _ __ __ _ � 55 2009 Special Town Meeting . November 9,2009 (See Warrant File for Warrant) The first session of the fa112009 Special Town Meeting was called to order by Moderator Deborah J. Brown at 7:30 p.m., Monday,November 9, 2009, Cary Memorial Ha11; a quorum of 173 present. Town Clerk Donna M. Hooper read the Warrant for tlie Meeting until waived. The Town Clerk read the Constable's Return of the Warrant: 7:43 p.m. The Moderator called for a brief recess for announcements by Town Meeting Members Association and plans for a voluntary vote recording plan by the TMMA.. The Moderator outlined procedural matters and plans for upcoming sessions, and declared the meeting open under Article 1 for the duration of the meeting. � ARTICLE 1: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES � 7:51 p.m. Alan Levine,pr. 8,moved the report of the Appropriation committee be received&placed on file. Adopted Unanimously. 7:52 p.m. Charles Lamb,pr.4,moved the report of the Capital Expenditures Committee .- . - be received and placed on file. Adopted Unanimously. . 7:53 p.m. Presented by John Rosenberg, pr.4. ARTICLE 2: ZONING BY-LAW—AMENDMENT TO PRELIMINARY SITE DEVELOPMENT AND USE PLAN, LEXINGTON TECHNOLOGY PARK, 125, 131 AND 141 SPRING STREET (N/K/A 125 SPRING STREET, 200, 300, 400 AND 500 PATRIOT WAY) CD-10 DISTRICT � MOTION: That the Preliminary Site Developmenf and Use Plan adopted as part of the CD � Planned Commercial District at the May 2004 Town Meeting for the property known as "Lexington Technol.ogy Park" be amended in accordance with the Amended Prefrminary Site Development and Use Plan (Amended PSDUP) originally filed with the Town Clerk and the Planning Board on June 22, 2009 and revised and refilled on October 30, 2049. �, 7:54 p.m. The Moderator recognized Patriot Partners representatives Bob Buckley and _ Steve Rice for the presentation. Mr. $uckley and Mr. Rice reviewed plans. 8:11 p.m. �Grregory Zurlo moved the report of the Planning Boaxd on Article 2 be received and placed on file. Adopted Unanimously. � �� Mr. Zurlo reported the Planning Board recommends passage of the motion �b (3 in favor, 1 in opposition, 1 recusal by Richard Canale). �°� � � � a 8:15 p.m._ Richard Ganale,pr.9, spoke on his role in the process as a Shade St resident and o� his recusal as a Planning Board member. o y ... rt �t 8:18 p.m. Selectman Peter Kelley reported unanimous support of the Board of Selectmen. o � 8:23 p.m. Richard Eurich reported support of the Appropriation Committee (9-0) �� 8:24 p.m. Sheryl Mahoney,pr.7, Vice Chairperson,reported support of the a �, ' Economic Development Advisory Committee. � � 8:28 p.m. Sara Arnold, reported support of the Transportation Advisory Committee. �., � 8:31 p.m. Town Manager Carl Valente responded to questions on the mitigation agreement: �, �` 8:32 p.m. Mary Jo Bohart reported the support of the Chamber of Commerce. N � 8:35 p.m. Thomas Fenn,pr.9, spoke in opposition and of noise covenant enforcement needs. o �, 8:38 p.m. David Kanter,pr.7, questioned noise correction measures and obligation. Patriot o �' Partners representative Steve Rice stated this to be a condition of the special perniit. o 8:37 p.m. Kevin Johnson reported support of the South Lexington Civic Association. � 8:42 p.m. Victoria Blier,pr:9, spoke in support. � � 8:45 p.m... Tanya Morrisett,pr.4, questioned public transportation usage by staff of Patriot � Partners and Lexingtonians employed at Patriot Partners. Steve Rice responded. 8:47 p.m. Deborah Mauger,pr.8, questioned traffic mitigation. , Traffic Consultant Rick Bryant responded. 8:49 p.m. Steve Kropper,pr.2, spoke in opposition. 8:51 p.m. Deborah Strod, pr.6, questioned noise abatement. 8:52 p.m. Victoria Blier,pr.9, spoke further. , 8:54 p.m. John Krawczyk,pr.4, questioned sound mitigation recourse. Steve Rice further stated commitment of Patriot Partners to fix the problem. �� November 9, 2009 Special Town Meeting, cont... ' 8:56 p.m. Gregory Zurlo spoke on the commitment by the developer to correct the issue. 8:57 p.m. Patrick Mehr, pr.3;spoke in support. 8:59 p.m. Dawn McKenna,pr.6, spoke in support. 9:03 p.m. Dan Fenn; pr.3, quest'ioned Mr. Rice on noise management. Mr. Rice responded. 9:04 p.m. Anthony Galaitsis, pr.6, spoke in opposition and reported he was the negative vote of the Planning Board and of concerris with meeting the noise bylaw. Mr. Rice stated agreement to adhere to the noise ordinance. 9:06 p.m. Frank Sandy,pr.6, spoke in opposition. 9:08 p.m. Deborah Strod;pr.6; spoke in favor and on current noise issue,to which Planning, Board Chairman Gregory Zurlo responded and Building Commissioner Garry Rhodes explained enforcement actions.. Patriot Partners representative Steve Rice reiterated commitment to fix the noise to satisfaction of the neighbors. 9:12 p.m. Steve Kropper, pr.2, questioned energy commitments. Civil Engineer Brian Lawlor stated a commitment to the LEED silver standard. Steve Rice further stated the intent to design to LEED silver standards. 9:16 p.m. Ephraim Weiss,pr.5, spoke in opposition. � 9:19 p.m. Dan Fenn, pr.3, spoke in opposition. 9:21 p.m. Albert Zabin, pr.l, moved the question. Motion Adopted. : 9:21 p.m. Steve Rice summarized,reiterated their commitment to resolving the noise, � r. and requested support. - 9:22 p.m. Following a voice vote,the Moderator declared the motion under Article 2 adopted by more than a two-thirds vote. 9:24 p.m. Presented by Steve Heinrich,pr.3. ARTICLE 3: ZONING BY-LAW—AMENDMENT TO PRELIMINARY SITE DEVELOPMENT AND USE PLAN, CUBIST PHARMACEUTICALS, INC., 45, 55 AND 65 HAYDEN AVENUE, CD-9 DISTRICT MOTION: That the Preliminary Site Development and Use Plan adopted as part of the CD Planned Commercial Districf at the November 1997 Special Town Meeting for the property � known as "45, 55 and 65 Hayden Avenue (a/k/a the Cubist Pharmaceuticals Campus)" be � x amended in accordance with the Amended Preliminary Site Development and Use Plan `� (APSDUP) originally filed with the Town Clerk and the Planning Board on July 30, 2009 and o .,,.�; " o revised and refilled on October 30, 2009. � � ,.� o � N 9:24 p.m. Mr. Bob Buckley, representing Cubist Pharmaceuticals,presented. � � , � � 9:42 p.m. Gregory Zurlo, Planning Board, moved the report of the Planning Board on � � Article 3 be received and placed on file. Adopted Unanimously. � � Mr. Zurlo reported the Planning Board's support of the motion. � � � �,� 9:44 p.m. Jeanne Krieger reported the unanimous support of the Board of Selectmen. � 0 9:47 p.m. Eric Michelson, pr.l, reported unanimous support of Appropriation Committee. o w 9:48 p.m. John McWeeney reported unanimous support of the � o Economic Development Advisory Committee. �,0 9:48 p.m. Sara Arnold reported concerns of the Tra.risportation Advisory Committee. � N 9:52 p.m. Mary Jo Bohart reported support of the Chamber of Commerce. . v � 9:54 p.m. Kevin Johnson reported unanimous support of the South�,exington �°, � Civic Association. �� 9:56 p.m. Patrick Mehr, pr.3, spoke in opposition. 9:56 p.m. Charles Lamb, pr.4, questioned LEED silver requirements. Michael Bonney, CEO, Cubist Pharmaceuticals, reported the intent to follow LEED silver standards. • 9:57 p.m. Dawn McKenna;pr.6, spoke in support. 9:59 p.m. Dawn McKenna moved the following non-binding resolution NON-BINDING RESOLUTION: I move to amend the main motion under Article 3 to add the following: That dedicated funding for public transportation has been a part of TDM measures in rezoning proposals dating back to 1997; Therefore, be it resolved that Town Meeting urges the Board of Selectmen to commit to place in the Transportation Demand Management/Public Transportation Stabilization Fund a minimum of 20% of funding received under sections III and IV of the MOU with Cubist dated October 30, 2009, and approved by the Board of Selectmen on November � 2, 2009. , __ _ _ __ _--- - -_ ___ __ . _. _ ---- � _ -_ _ __ _ __ _ _ � _ _- _ ___ _-- --- November 9, 2009 Special Town Meeting, cont... '�� 10:02 p.m. Planning Board Chairman Gregory Zurlo requested opinion of Town Counsel on amending rezoning. Ryan Pace, Town Counsel, stated the resolution is non-binding. � 10:04 p.m. Alan Levine reported the Appropriation Committee would defer decision until hearing the position of the Selectmen. 10:04 p.m. Jeanne Krieger, Board of Selectmen, spoke against the amendment 10:08 p.m. -:� Charles Hornig,pr.8, reported the opposition of the Planning Board. 10:09 p.m. Elaine Dratch,pr.5, Transportation Advisory Committee; spoke in support. 10:10 p.m. Appropriation Committee Chairman Alan Levine reported 6 members in opposition and 3 in favor of the amendment. 10:10 p.m. Edith Sandy,pr.6, spoke in favor of the amendment. � 10:10 p.m. David Kanter,pr.7, questioned funds into the revenue stream and requiring a two-thirds majoriTy vote by future Town Meetings and his intent to vote against the ameridment. 10:13 p:m. Loren Wood,pr.3, spoke in support of the amendment. 10:14 p.m. Following a�voice vote the Moderator declared the Amendment Not Adopted. 10:16 p.m. David Kanter, pr,7, questioned the impact of proposed construction on current operations while under construction. Mr. Booney reported operations would ». . continue during construction. . ', 10:17 p.m. Frank Sandy,pr.6, questioned stabilization funds into which contributions to be� made. Towri Manager Carl Valente explained funds to be the tra�c and transportation demand management. � 10:17 p.m. Following a voice vote on Article 3 the Moderator declared the motion adopted by more than the required two-thirds vote. � 10:18 p.m. Selectman Norman Cohen moved Article 8 be taken up. Motion Adopted. 10:18 p.m. Presented by Selectman George Burnell. ARTICLE 8: CONTRACTS FOR SOLAR ENERGY � MOTION: That the Town Manager, subject to the approval of the Board of Selectmen, , be authorized to enter into contracts for the period of FY2010 and Fy2011 for the � purchase of electricity generated by solar power for a term not to exceed twenty years, notwithstanding any contrary provision in Section 32-4 of the Code of the Town of Lexington. 10:21 p.m. George Burnell reported support of the Board of Selectmen. 10:21 p.m. Pam Hoffinan,pr.7,reported unanimous support of Appropriation Committee. 5 10:22 p.m. David Kanter,pr.7,reported unanimous support of the Capital Expenditures Committee. 10:24 p.m. Ephraim Weiss,pr.5, questioned requested action and contracts currently allowed. Town Counsel Ryan Pace responded and explained Town Meeting authority. 10:26 p.m. Patrick Mehr,pr.3, reported support. Town Manager Carl Valente responded: 10:27 p.m. Joel Adler, pr.l, questioned costs. Facilities Director Patrick Goddard explained , incentives available, options, and potential costs. 10:30 p.m. David Kaufman,pr.6, questioned possible magnitude of proposed contracts. � Facilities Director Patrick Goddard reviewed possibilities. 10:32 p.m. Steve Kropper, pr.2, spoke far Energy Conservation Committee. � 10:32 p.m. Following a voice vote, motion Declared Adopted. 10:33 p.m. Selectman Norman Cohen moved the meeting be adjourned to7:30 p.m., S Monday,Noyember 16, 2009, Cary Memorial Hall. Motion Adopted. ___ A true copy. Attest: � ��' � Donna M. Hooper, Town C erk , � , November 16, 2009 Adjourned Session of the 2009 Special Town Meeting The second session of the Fa112009 Special Town Meeting was called to order by Moderator Deborah J. Brown at 7:30 p.m., Monday,November 16 2009, Cary Memorial Hall; a quorum of 169 present. The Moderator reviewed the evening's procedures and schedule. 7:34 p.m. Selectman Norman Cohen requested a recess for a review of the Lexington� Housing Partnership grant application. 7:50 p.m. Presented by Jerry Michelson,pr.5. ARTICLE 4: AMEND ZONING BY-LAW MOTION: That the Zoning Bylaw, Chapter 135 of the Code of the Town of Lexington, be amended as follows: " � L Add the following definition after the definition of"APARTMENT BUILDING" and before the definition of"ASSISTED LIVING RESIDENCE" in � §135-8: � � ARTISAN WORK-The creation, finishing, refinishing or similar production of custom or hand- o made commodities, together with the retailing of such commodities. U O ,� 0 2. Amend row 6.21 in Table 1 (Permitted Uses and Development Standards), ro N Part B (Commercial Uses) by deleting the existing row and replacing it with the � � " - foli4wing: � � � CN CRS CS CB CLO CRO CM � � 6.21 Office located on a street level floor Y N N SP* Y Y Y � (*In CB District,office shall not be permitted in a �,� Center Store Front.A Center Store Front is � u�', defined as the portion of the ground floor level of �' ° a building in the CB District that has frontage on a o w +� ublic wa or a ublic arkin lot. • � � o �0 3. Amend row 7.28 in Table 1 (Permitted Uses and Development Standards), ,� � Part B (Commercial Uses) by deleting"Private postal services (see definition)" and � 00 replacing that text with "Private postal services." �+ U �- �� 4. Add a new row 8.22 in Table 1 (Permitted Uses and Development Standards), Part B (Commercial Uses) as follows: , CN CRS CS CB CLO CRO CM 8.22 Artisan work N N N Y N N N 5. Amend row 9.12 in Table 1 (Permitted Uses and Development Standards), Part B (Commercial Uses) by deleting"Fast-food or takeout service serving enough food to comprise a meal" and replacing that text with "Fast food service." . 6. Amend row 9.13 in Table 1 (Permitted Uses and Development Standards), Part B (Commercial Uses) by deleting"Takeout or fast-food service serving food or � beverages, such as coffee, snacks, ice cream, or donuts, but not enough to comprise.a meal" and replacing that text with "Takeout food service." 7. Delete the letters stricken through and replace with the letters under the CB column in the lines of Table 1 (Permitted Uses and Development Standards),Part B (Commercial Uses) as shown below: 6.15 Advertising, editing, composition, but not including printing or other � y reproduction service 7.12 Laundry or dry cleaning pickup station with processing done � y elsewhere; laundry or dry cleaning with processing on the premises subject �- to the developmenf standards for the district; self-service laundromat or dry cleaning 7.28 Private postal service }� Y 8.20 Lawn and garden supplies and equipment � Y 9.11 Restaurant � Y 9.13 Take out food service � Y 9.14 Caterer or other establishment preparing meals for groups of people � Sp* ("In CB District,only in conjunctiqn with a substantial retail food business as set forth in lines 8.13, 9.11,9.12 or 9.13 in Table 1.) 10.12 Indoor athletic and exercise facilities, weight reduction salon }� y __--- __--.__-- ----- -----_ _- -_ _ _ ___.— __ ____ _ � ___ __ __ ___ __ _---- - ---- _.__:. __ Adjourned Session of the November 16, 2009 Special Town Meeting, cont.... 5`9 8. Add the following row after the row that begins with `�Parks, athletic fields, tennis and'pool facilities, golf courses, recreation cen�ers, other institutional uses" and before the row that begins with "Agricultural uses" in §135-64A: Indoor athletic and exercise facilities, weight reduction salon 6 per 1,000 s.f. � 9. Add the following sentence to the end of§135-71B: Notwithstanding the foregoing, the requirements of this Article XII shall not apply to the Center Business (CB) District. � The Moderator recognized Howard Levin for presentation on the Article. 7:52 p.m. Wendy Manz,pr.9, moved the report of the Planning Board on Article 4 be - received and placed on file. Adopted Unanimously. 7:53 p.m. Wendy Manz reported the Planning Board recommends approval. 7:5-9 p.m. Hank Manz spoke in favor and reported the unanimous support of the Board of Selectmen. 8:05 p.m. Nyles Barnert,pr.4, reported the support of the Board of Appeals. 8:06 p.m. David Kanter; pr.7, questioned the impact of changes on other districts,traffic � ', study. Planning Board member Charles Hornig and presenter Howaxd Levin ' responded. 8:10 p.m. Mary Jo Bohart reporred support of the Chamber of Commerce. 8:13 p.m. Ephraim Weiss,pr.5, questioned some definitions. Howard Levin responded. 8:1 b p.m. Norma Floyd, 16 Oxford Street, cautioned members. 8:17 p.m. Discussion ensued on `fast food' `take out', and permitted purposes without a � special permit,to which Planning Board members responded. 8:37 p.rn. Patrick Mehr,pr.3,moved: AMENDMENT: In the main motion, item`#7, line 9.13 Take out food - service remain `SP', not be changed to `Y'. 8:38 p.m. Nyles Barnert,pr.4, Board of Appeals, spoke against. 8:39 p.m. Richard Canale, Planning Board,reported the Planning Board 2-2 vote. 8:40 p.m. Hank Manz reported the unanimous opposition of the Board of Selectmen. 8:40 p.m. Robert Whitman,pr.3, questioned the definition of`Take-Out',to which Jerry Michelson read the definition and Howard Levin explained further. � � Norma Floyd, 16 Oxford Street, spoke from audience. 8:45 p.m. John Rossi,pr.l, spoke on the definition of take out service. Planning Board members responded. 8:50 p.m. ' Sheldon Spector,pr.6,moved the Amendment. Motion Adopted 8:51 p.m: Following a voice vote, the Moderator declaxed Amendment Not Adopted. 8:51 p.m. Sheldon Spector,pr.6, moved the main motion. Motion Adopted 8:52 p.m._ Follawing a voice vote on Article 4,the Moderator declared the Motion Adopted ' by more than the required two-thirds vote. . 8:53 p.m. In advance of taking up Article 5;the Moderator explained the role of the , Moderator and the quantum of vote. 8:56 p.m. Presented by Selectman Norman Cohen. ARTICLE 5: AUTHORIZE MUNROE SCHOOL DISPOSITION MOTION: That the Selectmen be and are hereby authorized to sell the Munroe School building and the parcel of land it is situated on to the Lexington Friends of the Arts, Inc., d/b/a Munroe Center for the Arts on such terms as the Sel�ctmen may determine. Selectman Cohen explained requested action. Julian Miller, Munroe Center for the Arts, explained further. . . 9:08 p.m. Norman Cohen reviewed past action regarding the Munroe School building and reported support of a majority of the Selectmen. 9:15 p.m. William Hurley, Capital Expenditures Committee,reported and spoke in support for postponement until the annual town meeting. 9:0 p.m. Alan Levine, pr.8, reported positions of the Appropriation Committee,with 4 in � support, 4 opposed, and 1 abstaining; and 6 in favor of indefinite postponement, 2 opposed. 9:25 p.m. Mary Jo Bohart reported the support of the Chamber of Commerce. �� Adjourned Session of the November 16, 2009 Special�'own Meeting, cont.... ' 9:27 p.m. Members questioned financial and use issues. Norman Cohen explained the request for proposals and price offer and Christian Herold, Executive Director, reviewed policies on charges per square foot for users and classes. 9:31 p.m. Members questioned the quantum of vote required. Town Counsel William Lahey ,responded. 9:42 p.m. Daniel Abramson, 11 Hancock Street, spoke in support. 9:45 p.m. Paul Lapointe, pr.2, spoke in support. 9:49 p.m. Edith Sandy, pr.6, spoke in opposition. 9:52 p.m. Iang Jeon,pr.l, questioned capital improvements, estimate on improvements needed, and current rental situation. Selectman Norman Cohen and Munroe Center Board Member Thomas Griffiths responded. � 9:58 p.m. Karen Freeberg, high school senior, spoke in support and of the need for an independent art center. 10:00 p.m. Elizabeth Perry-Wood,pr.7, spoke in support. 10:01 p.m. Dawn McKenna,pr.6, spoke in opposition. " 10:04 p.m. Loren Wood,pr.3, questioned land acquisition and assessed value and commented on possible demolition. 10:06 p.m. David Kanter, pr.7, commented on value in appraisal report. 10:06 p.m. Town Manager Carl Valentereviewed appraisals. 10'08 p.m:. Beverly Kelley,pr.4, spoke in support. 10:09 p.m. John Rossi,pr.l, spoke in opposition. 10:12 p.m. Tricia Perez-Kennealy, pr.6, questioned Munroe's plans for funding capital improvements. Thomas.Griffiths reviewed needs and financing plan. 10:17 p.m. Elsa Sullivan, 5 Washington Street, spoke in support. 10:19 p.m. James Wood, pr.7, moved: , MOTION: Article 5 be Indefinitely Postponed 10:23 p.m. Selectman Peter Kelley reported opposition of the Board of Selectmen to Indefinite Postponement. � 10:25 p.m. Catherine Woodward Gill,pr.7, spoke in favor of Indefinite Postponement. 10:27 p.m. Narain Bhatia, pr.9, spoke in opposition. 10:29 p.m. James Wood,pr.7, suminarized thoughts and Indefinite Postponement. 10:29 p.m. Following a voice vote on Indefinite Postponement,the Moderator declared the Motion Adopted. 10:32 p.m. Charles Lamb, pr.4, served Notice of Reconsideration on Article 5. 10:3 l. p.m. Presented by Selectman Norman Cohen. ARTICLE 6: APPROVE LOCAL OPTION MEALS EXCISE MOTION: That the Town accept G.L.; c. 64L -§ 2 (a) to impose a local meals excise to take effect January 1, 2010. 10:31 p.m. Patrick Mehr,pr:3,questioned taking up another article at this time. 10:32 p.m. Selectman Norman Cohen moved to adjourn to 7:30 p.m., Wednesday, _ November 18,2009, Cary Memorial Hall. Motion Adopted. ' A true copy. � Attest: Donna M. Hooper,Town lerk November 18,2009 Adjourned Session of the 2009 Special Town Meeting The third session of the Fa112009 Special Town Meeting was called to order by Moderator Deborah J. Brown at 7:30 p.m., Wednesday,November 18, 2009, Cary Memorial Hall; a -- quorum of 143 present. The Moderator reviewed procedural issues. 7:32 p.m. Presented by Selectman Norman Cohen. ARTICLE 6: APPROVE LOCAL OPTION MEALS EXCISE MOTION: That the Town accept G.L., c. 64L § 2 (a) to impose a local meals excise to take effect January 1, 2010. � � � __- =--- -___- ----_ --_. _ __ __ ___ ---- __ _ _ _ � __ ___ _ ,_ _ _ ---- ___ __ __ __---_ _ l�l Adjourned Session of the November 18, 2009 Special Town Meeting, cont.... �. �t�" Mr. Cohen explained requested action would result in an additional .75%meals tax directly to the tc�wn, anticipated additional FY2010 revenue and future annual revenue. Mr. Cohen reported support of a majority of the Board of Selectmen. 7:38 p.m. Alan Levine,pr.8, reported the support, with 7 in favor and 2 opposed, of the Appropriation Committee. Eric Michelson spoke in opposition. - 7:43 p.m. John Parick,pr.4, reported unanimous opposition of the Tourism Committee. 7:44 p.m. Mary Jo Bohart reported opposition of the Chamber of Commerce. 7:47 p.m. Selectman Peter Kelley reported his opposition to Articles 6 & 7. 7:49 p.m. Members spoke in support, opposition, and adoption status of surrounding towns. 8:08 p.m. David Kanter, pr.7,moved the question. Motion Adopted. � 8:09 p.m. The Moderator called for a standing vote,ta.11ied as follows: Precinct Yes No Abstain 1 6 4 2 8 6 3 9 5 4 17 1 5 13 5 6 11 4 7 10 1 8 14 3 �' - ', 9 10 4 AL 9 2 Total 107 35 With 107 voting in the affirmative and 35 in the negative, Motion Adopted. 8:14 p.m. Alan Levine, pr.4, served notice of reconsideration on Article 6. 8:14 p.m. Presented by Selectman Norman Cohen. ARTICLE 7: APPROVE LOCAL OPTION ROOM OCCUPANCY EXGISE MOTION: That the Town accept G.L., c. 64G, § 3A a local room occupancy excise at the rate of six percent to take effect on January 1; 2012. Mr. Cohen reported the support of a majority of the Board of Selectman " 8:19 p.m. Joseph Pato reported the support [6 in favor, 1 opposed] of the Appropriation Committee. - 8:20 p.m. John Patrick, pr.4,reported the opposition of the Tourism Committee. 8:24 p.m. John Krawczyk,pr.4,moved the following amendment: AMENDMENT: The main motion be amended to change the effective date from January 1, 2012 to July 1, 2010. 8:27 p.m. Selectman Norman Cohen reported the opposition of a majority of the Board of Selectmen and explained justification for the January 2012 date. 8:28 p.m. Joseph Pato reported the support of the Appropriation Committee, [7 in favor, 1 opposed, 1 abstain] for the amendment. 8:28 pm. John Patrick,pr.4, reported concerns of the Tourism Gommittee. 8:28 p.m.. Patrick Mehr, pr.3, questioned the impact on delaying vote to 2010 Annual Town Meeting. Norman Cohen explained the interest to act sooner. 8:30 p.m. Mary Jo Bohart, Chamber of Commerce, spoke in opposition. Members spoke in support and opposition, , questioned revenue need and services 8:39 p.m. Christopher Hartsell, General Manager,ALOFT, Lexington, reviewed work done over the past year and spoke against the amendment. Discussion in support and opposition continued. 8:48 p.m. Loretta Porter,pr.5, called the question on the Amendment. Motion Adopted. 8:49 p.m. The Moderator called for a standing vote,tallied as follows: Precinct Yes No Abstain � 1 5 6 2 7 5 3 6 8 4 11 7 , 5 g 10 6 10 5 7 8 3 8 12 5 9 8 6 AL 7 5 ' Total 82 60 8:53 p.m. With 82 voting in the affirmative and 60 in the negative,Amendment Adopted. �po�.�� Adjourned Session of the November 18, 2009 Special Town Meeting, cont.... 8:53 p.m. Members spoke in support and opposition to the motion as amended, questioned revenue generated by hotels and hotel operations. 9:02 p.m. David Kanter, pr.7, moved the question. Motion Adopted. I 9:03 p.m. Following a voice vote on the Article 7 as amended, Motion Adopted. I 9:04 p.m. Presented by Selectman Norman Cohen. ARTICLE 9: APPROPRIATE FOR SISTER CITY PROGRAM MOTION: That this article be indefinitely postponed. 9:04 p.m. John Patrick,pr.4,provided an overview of the Antony, France sister city , program and plans for Antony representatives to visit Lexington in Apri12010, presenting , opportunities for member participation and support. � 9:12 p.m. Town Manager Carl Valente reviewed the visit with Antony officials during a �J ' recent visit of Lexington representatives to Antony, France, as a follow-up to the 1999 visit. , 9:15 p.m. Mollie Garberg reported the support of the Appropriation Committee. 9:15 p.m. Adopted L7nanimously. 9:16 p.m. Presented by Selectman George Burnell. ' ARTICLE 10: APPROPRIATE TO TRAFFIC MITIGATION STABILIZATION FUND ' MOTION: That $35,000 be appropriated to the Traffic Mitigation Stabilization Fund ' � anchto meet fhis appropriation $35,000 be transferred from the Traffic Mitigation special ', revenue account. ' 9:16 p.m. Mr. Burnell reviewed requested and reported support of Board of Selectmen. 9:17 p.m. Glenn Parker,pr.3,r reported unanimous support of Appropriation Committee. , 9:18 p.m. Richard Canale,pr.9, reported unanimous support of the Planning Board. � 9:18 p.m. The Moderator declaxed the motion Adopted Unanimously by voice vote. � 9:18 p.m. Alan Levine,pr.8, served notice of reconsideration on Article 7 and Article 10. 9:19 p.m. Presented by Selectman Peter Kelley. ARTICLE 11: APPROPRIATE TO STABILIZATION FUND MOTION: That $669,843 be appropriated to the Stabilization Fund, and that to meet this appropriation $669,843 be raised in the tax levy. - �r 9:19 p.m. Mr. Kelley reparted support of the Board of Selectmen , 9:20 p.m. Pam Hoffman,pr.7,reported unanimous support of the Appropriation Committee. ' 9:21 p.m. The Moderator declared the motioned Adopted Unanimously. 9:21 p.m. Presented by Selectman Jeanne Krieger ' ARTICLE 12: APPROPRIATE FOR WALTHAM STREET PEDESTRIAN CROSSING MOTION: That the Town appropriate $25,000 for the study and construction of a pedestrian crossing in th'e vicinity of 1010 Waltham Street, and to meet this appropriation $25,000 be appropriated from the Traffic Mitigation Stabilization Fund. , 9:21 p.m. Mrs. Krieger reported unanimous support of the Board of Selectmen. 9:23 p.m. Glenn Paxker, pr.3, reported unanimous support of Appropriation Committee. 9:23 p.m. David Kanter, pr.7, reported unanimous support of Capital Expenditures Committee. 9:24 p.m. Richard Canale, pr.9,reported unanimous support of Planning Board. 9:24 p.m. The Moderator declared the motion Adopted Unanimously. 9:25 p.m. Presented by Selectman Hank Manz. ARTICLE 13: AMEND FY2010 OPERATING BUDGET MOTION: That the appropriations authorized under Article 4 of the 2009 Annual Town Meeting be amended as follows: � _� LINE ITEM PROGRAM FROM TO IJ 8500 Town Clerk Personal Services $269,513 $291,413 , 8500 Town Clerk Ex enses $84,000 $112,100 . _ 6100-6200 Social Services Personal Services $409,285 $294,840 6100-6200 Social Services Ex enses $171,578 $121,749 3100-3500 DPW Ex enses $4,732,743 $4,747,743 8400 Finance Ex enses $301,328 $342,328 2150 Workers' Com ensation $351,625 $401,625 . 9:26 p.m. Alan Levine, pr.7, served notice of reconsideration on Article 11 and Article 12. 9:26 p.m. The Moderator recognized Town Manager Carl Valente for an explanation. 9:33 p.m. Pam Hoffman,pr.7, reported unanimous support of Appropriation Committee. " 9:33 p.m. David Kanter, pr.7, questioned reserve fund balances. Mr. Valente responded. _ _ i ___ - ---- _ _. _ ___ ___ _ _ ----- --_— _ _ _ Adjourned Session of the November 18, 2009 Special Town Meeting, cont.... -�'`3 9:34 p.m. Patrick Mehr, pr.3, questioned workers compensation and reduction in line item 2130. Mr. Valente explained. 9:36 p.m. Motion under Article 13 Adopted Unanimously. � 9:38 p.m. Presented by Selectman Norman Cohen. ' ARTICLE 14: AMEND FY2010 ENTERPRISE FUNDS BUDGETS MOTION: That the following appropriations authorized under Article 5 of the 2009 Annual Town Meeting be amended as follows (a) That the appropriation to operate the Water Division of the Department of Public Works during fiscal year 2010 under the provisions of M.G.L., chapter 44, section 53F1/2 be changed ��r�m��;711,5�� _ � $6,594;121 by amending the following line item(s): , �-#, �fo PROGRAM FROM TO MWRA Assessment $4,600,000 $4,482,551 And that the total appropriation, as amended, shall be funded with $525,000 from 1Nater Enterprise Fund retained earnings and the remainder to be funded from water receipts, as voted under Article 5 (a) of the 2009 Annual Town Meeting (b} .That�he appropriation to operate the Wastewater Division of the Department of Public Works during fiscal year 2010 under the provisions of M.G.L. chapter 44, section 53F1/2 be� changed from $7,729,170 to $7,475,1'16 by amending the following line item(s): PROGRAM FROM TO MWRA Assessment $6,500,000 $6,245,946 ' And that the total appropriation, as amended, shall be funded with $625,000 from Wastewater Enterprise Fund retained earnings and the remainder to be funded fr.om wastewater receipts, as - voted under Article 5 (b) of the 2009 Annual Town Meeting. 9:38 p.m. Selectman Cohen explained adjustments to final MWRA assessments and reported support of the Board of Selectmen. 9:40 p.m. John Bartenstein,pr.l,reported unanimous support of Appropriation Committee. � 9:41 p.m. Motion Adopted Unanimously. 9:41 p.m. Selectman Norman Cohen moved the 2009 Special Town Meeting be dissolved. 9:42 p.m. Adopted Unanimously. � , A true copy. Attest: (�„ r�� Donna M.Hooper,Town Clerk � _64 (Warrant for State Primary=See WARRANT FILE) , SPECIAL STATE PRIMARY—TUESDAY, DECEMBER 8,2009 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Tuesday,December 8,2009 at 7:00 a.m. The following places were designated as the voting places for the various precincts: Precinct One, Cary � Memorial Hall; Precinct Two, Bowman School; Precinct Three, Clarke Middle School; Precinct Four, Bridge School;Precinct Five, Cary Memorial Hall; Precinct Six, Diamond Middle School; Precinct Seven,Estabrook School,Precinct Eight, Samuel HadleKPublic Services Building;Precinct Nine,Maria Hastings School. The election officers and Wardens of the various precincts were assigned for duty as follows: Precinct 1: Warden: Richard Pemberton [U]; Clerk: Barry Sampson [U], Eileen G. McAlduff[D], � Margaret Kelly [U], Jeannette Cerulli [D], Richard Spillane [U], Edwma Spillaine [U], Doris Pemberton [U], � William J. Barrett[R], Mary Ellen Turner[D],Carol Sampson[U]. � Precinct Z: Warden: Rebecca Fagan [D]; Clerk: Richard Eaton [U]; Inspectors: Arline Burns [D], Margaret Ouellette [D], Dorothy Zaborowski [D], Robert Hartshorn [I7], Dorothy Bond [U], Ann Canter [D], Margaret Freeman [UJ,Charles Freeman [R], Susanne Hays [U],Jyoti Rao [D]. Precinct 3: Warden: Shirley R. Frawley[D]; Clerk: Faith Fenske [U]]; Inspectors: Maarib Bazzaz [D], M. Elinor Greenway [DJ, Anthony G. Sacco [LT], Laura Welby [U], MaryAnri McKenna [D], Lillian Drury [U], , William Frawley [D],Rita Casey [D],D.Peter Lund[R],E.Ashley Rooney [D]. Precinct 4: Warden: Thomas Costello [R]; Clerk: Arthur Katz [D]; Inspectors: Dana Regillo [R], Mary Devoe [U], Eleanor Smith [U], Beverly F. Aker [U], Evangeline Puopolo [U], Raya Gildar [U], Gloria Curran[Uj,Dan Krupka[D[, Sonia DeMarta[D]. Precinct 5: Warden: Marie Hill [U]; Clerk: Josephine Bailey{U]]; Inspectors: Donna M. Keane[U], Gloria Holland [U], Mary Tashjian [U], Sonya Hagopian [U], Joaquim Manuel [U], Barbara Manuel [U], Lorraine Setterlund[D],Mark Traficante [R]. Precinct 6: Warden: Dorothy Boggia [R]; Clerk: Ann Webster [U]; Charles Price [U], William Simmons [R],Barbara Simmons [R], Burton Smith[R],Francine C. Edwards [D], Sheldon Spector[U],Edgar Knudson [D],�Elizabeth Sullivan�[D],Chet Webster[U]. , Precinct 7: Warden:Alice M.Pierce [D];Clerk:Margaret Bradley [D], Co-Clerk: Sheryl 1Vlason [U], Inspectors: Isabelle Bennett [R], Mabel Amar [D], Pamela Marshall [U], Mary Burnell [U], Charlotte Ford [D],Mary Ayvazian [D],Arlene McGrath[U],Gerald McGrath[DJ,Thomas Sullivan[D]. , Precinct 8: Warden: Leo Chudigian [U]; Clerk: Judith Chudigian [U]; Inspectors: Ann Diamond [U], Elinor Bettencourt [R], Barbaza L. Perrotta[D], Salvatore Casella [D], Anthony Montagna[U], Anne O'Neill [U], CarolFlynn [U],John Defandorf[U],Joyce Defandorf[U]. , Precinct 9: Warden: Shirley Ament-Bergey [D]; Clerk:Renee Reynolds [D]; Inspectors: Carole � Butler [UJ, Judith Schuler [U], Clark Schuler [U], Dorothy Bolduc [U], Angela Marcucci [U], Harry Farrington[U],Joan Granger[U],Adrian Reynolds [D],Francine Stieglitz[D],Elizabeth Weiss [U]. � The election officers were sworn to the faithful performance of their duties. The poll"s were declared open in each precinct at seven dclock A.M. and remained open until eight o'clock P.M., at which time, after due notice,the polls were declared closed.. The total number of registered voters in each precinct eligible to vote as of November 18,2009 is as follows: Registered Voters Precinct Registered Voters Democrat Republican Libertarian Unenrolled Other 1 2110 812 217 4 1075 2 2 2442 1068 212 1 1152 9 3 2461 983 263 4 1206 5 4 2376 1044 221 4 1103 4 5 2367 ` 929 282 1 1153 2 • 6 2404 985 314 2 1101 2 7 24ll 974 245 5 1183 4 8 2290 881 261 1 1140 7 9 2244 795 246 2 1198 3 Totals 21,105 8,471 2,261 24 10,311 38 Recap sheets were delivered to the Town Clerk at the Town OfFice Building. 33% of the registered voters cast their vote. The Town Clerk canvassed the results: Absentee Ballots Y Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL Ballots Processed 40 39 51 32 40 . 39 23 30 29 323 Ballots Returned&Counted 29 36 46 27 34 34 20 23 24 273 Specially Qualified Processed 7 9 1 6 4 6 10 3 2 48 Specially Qualified Returned& Counted 3 4 1 0 2 3 2 0 1 16 Ballots Rejected/Late/Not returned 15 8 5 11 8 8 11 10 6 82 __ ---— —-- —__ __ __ ___._.._�—_ -- .-- ,_ _ — _ __ _ ___. -____ ____ _-- _-- _ _ December 8,2009 Special State Primary—Election Results continued... 65 Votes by Precinct . Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct'8 Pct 9 TOTAL Total Registered Voters 2110 2442 2461 2376 2367 2404 2411 2290 2244 21105 Total Votes . , 630 940 727 857 735 871 833 775 691 7059 Percent 30% 38% 30% 36% 31% 36% 35% 34% 31% 33% � DEMOCRATIC PARTY > Pct 1 Pct 2 Pct 3 Pct 4 .Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL Total Registered Democrat 812 1068 983 1044 929 "985 974 881 795 8471 Total Votes 563� 877 667 779 668 758 741 687 608 6348 � SENATOR IN CONGRESS MICHAEL E.CAPUAN.O 181 295 178 228 193 190 214 180 192 1851 MARTHA COAKLEY 229 331 272 323 296 323 317 315 259 2665 ALAN KHAZEI 108 204 176 187 141 206 161 158 11 T 1452 STEPHEN G. PAGLIUCA 44 46 41 39 38 39 49 33 45 374 ALL OTHERS 0 0 0 2 0 0 0 1 1 4 BLANKS 1 1 0 0 0 0 0 , 0 ' 0 2 REPUBLICAN PARTY Pct l Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL Total Registered Republican 217 212 263 221 282 314 245 261 246 2261 Total Votes` 67 63 60 78 67 113 92 87 83 710 SENATOR IN CONGRESS , SCOTT P.BROWN 55 57 50 62 � 57 89 80 76 72 598 JACK E. ROBINSON 12 �6 7 16 9 20 12 ll 8 101 MARTHA COAKLEY 0 0 2 0 0 3 0 0 0 5 ALL OTHERS' 0 0 1 0 1 1 0 0 3 6 I BLANKS 0 0 0 0 0 -0 0 0 -0 0 LIBERTARIAN PARTY Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 � Total Registered Libertarian 4 1 4 4 1 2 5 1 2 24 Total Votes 0 0 0 0 0 . 0 0 1 0 1 0 SENATOR IN CONGRESS 0 SCOTT P. BROWN 0 0 0 0 0 0 0 1 0 1 ALL OTHERS 0 0 0 0 0 0 0 0 0 0 BLANKS 0 0 0 0 0 0 0 0 _ -0 _ 0 ,� � � A true copy. ` ; attest: f� `r�i�l�-_�1`��L.� Donna M.Hooper,Town C�erk ; Y :6� (Warrant for State EIection—See WAR,RANT FILE) ` SPECIAL STATE ELECTION-TUESDAY, JANUARY 19,2010 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting , places in said Town of Le�ngton on Tuesday,January 19,2010 at 7:00 a.m. The following places were designated as the voting places for the various precincts: Precinct One, Cary Memorial Hall; Precinct Two, Bowman Schoal; Precinct Three, Clarke Middle School; Precinct Four, Bridge _ School;Precinct Five, Cary Memorial Hall; Precinct Six, Diamond Middle School; Precinct Seven, Estabrook : School,Precinct Eight, Samuel Hadley Public Services Building;Precinct Nine,Maria Hastings SchooL The election officers and Wardens of the various precincts were assigned for duty as follows: ' Precinct I:' Warden: Richard Pemberton [U]; Clerk: Barry Sampson [U], Eileen G. McAlduff[D], Margaret Kelly [U], Jeannette Cerulli [D], Richard Spillane [U],Edwina Spillane [U], Doris Pemberton [LT], William J.Barrett[R], Pamela Marshall [U]. Precinct 2: Warden: Rebecca Fagan [DJ; Clerk: Richard Eaton [U]; Inspectors: Arline Burns [D], Margaxet 0uellette [D], Dorothy Bond [U], Margaret Freeman [U], Charles Freeman [R], Susanne Hays [U], Carolyn Crowell [U], Sonia DeMarta[D],Mary Ellen Turner[D]. Precinct 3: Warden: Shirley R. Frawley[D]; Clerk: Faith Fenske [U]; William Frawley [D]; Inspectors:Maarib Bazzaz [D],Anthony G. Sacco [LJ],Lillian brury [U],,D.Peter Lund [R], Samuel Berman [D[, Ann Canter [D], L. Susan Conway [U], Gloria Curran [U], Anne Mary Dunn [U], Marita Hartshorn [D], Elizabeth McLaughlin[U]. � - Precinct 4: Warden: Thomas Costello [R]; Clerk: Arthur Katz [D]; Inspectors: Dana Regillo [R), Mary Devoe [U],Eleanor Smith [U], Beverly F.Aker [U],Evangeline Puopolo [U], Mary Devoe [U],Robert Hartshorn[D],Elizabeth Sullivan[D],Ephraim Weiss [D]. Precinct 5: Warden: Marie Hill [U]; Clerk: Josephine Bailey [U]]; Inspectors: Gloria Holland [U], Mary Tashjian [U], Sonya Hagopian [U],Joaquim Manuel [U],Barbara Manuel [U],Lorraine Setterlund.[D], Linda Cohen[U], Carol Flynn[U],Donna Keane [U],Virginia Weinberger[D]. Precinct 6: Warden: Dorothy Boggia [R]; Clerk: Ann Webster [U]; Charles Price [U], William Simmons [R], Barbara Simmons [R], Sheldon Spector [U], Chet Webster [U], Francine Edwards [D], Hazel Graham [D], Susan Solomon[U]. - Precinct 7: Warden: Alice M. Pierce [D]; Clerk: Margaret Bradley [D], Inspectors: Mary Burnell [I7],Mary Ayvazian[D],Arlene McGrath [LT], Gerald McGrath[D],Hany Farrington [U],Nancy Hubert[D], Dan Krupka[D],Raymond Massey[D],Jane Trudeau[D], Precinct 8: Warden: Leo Chudigian [U]; Clerk: Judith Chudigian [U]; Inspectors: Ann Diamond [U], Elinor Bettencourt [R], Barbara L. Perrotta [D], Salvatore Casella [D],,Anthony Montagna [U], Anne -� O'Neill [U], Charlotte Ford[D]. ; Precmct 9: Warden: Shirley Ament-Bergey [D]; Clerk: Renee Reynolds [D]; Inspectors: Judith , J Schuler [iJ], Clark Schuler [U], Edgar Knudson [D], Verna Thayer [LJ], Adrian Reynolds [D], Francine Stieglitz[D],Elizabeth Weiss [U]. The election officers were sworn to the faithful performance of their duties. The polls were declared open in each precinct at seven o'clock A.M. and remained open until eight o'clock P.M., at which time, after due notice,the polls were declared closed. The total number of registered voters in each precinct eligible to vote as of December 30,2009 is as follows: - Registered Voters ' Precinct Registered Voters Democrat Republican Libertarian Unenrolled Other _, 1 2111 809 215 4 1081 2 2 2450 1069 208 1 1165 7 3 2469 986 258 4 1217 4 4 2380 1047 213 4 1112 4 5 2377 936 277 1 1161 2 � 6 2416 980 321 3 1110 2 7 2420 978 242 5 1191 4 8 2297 886 256 2 1146 7 ' 9 2259 803 250 2 1201 3 Totals 21179 8494 2240 26 10384 35 Recap sheets were delivered to the Town Clerk at the Town Office Building. 68% of the registered voters cast their vote. The Town Clerk canvassed the results Absentee Ballots Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL Ballots Processed 106 125 161 137 160 141 138 117 118 1203 Ballots Returned&Counted 88 115 137 117 141 128 123 . 103 109 1061 Specially Qualified Processed 11 16 8 17 15 16 11 7 3 104 Specially Qualified Returned& Counted 6 8 1 2 4 _ 3 1 2 1 28 Ballots Rejected/Late/Not retumed 4 2 14 8 9 3 4 7 6 57 ___--- --------------- -- ___ - � ---_ ____ __ -- - _ ----— ---------__--- - ---- ---- _ _ Januaryl9, 2010 Special State Election—Election Results continued... 67 : Votes by Precinct + � . Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL TotalRe Voters 2111 2450 2469 2380 2377 2416 2420 2297 2259 21179 TotalVotes 1376 1738 1598 1658 4608 1703 1691 1570 1518 14460 � Percen� ' 65% 71% 65% 70% ' 68% 70%0 70% 68% 67% 68% " SENATOR IN CONGRESS • Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL SCOTT P. BROWN 532 474. 494 509 606 613 580 • 538 613 4959 ' � MARTHA COAKLEY 837 1255 1092 1140 992 1080 1098 1015 888 9397 '�_.. JOSEPH L. KENNEDY 3 7 11 . 9 8 9 9 14 15 85 ALL OTHERS 2 1 1 0 1 0 2 � 3 0 10 BLANKS 2 1 0 0 1 1 2 0 2 9 Totals Include 10 da tall for Overseas Ballots and Provisional Ballots Provisional Ballots Issued 1 0 2 13 0 1 4 0 2 23 � Provisional Ballots Cast p p . p g p � � � 2 _ 6 Overseas Ballots 2 5 0 1 1 ' 2 4 2 1 18 A true copy. � Attest: Donn M.Hooper,Town Cl . , c ; � _ �� .. � �� WARRANT FOR TOWN ELECTION - (SEE WARRANT FILE) TOWN ELECTION — MARCH 1, 2010 In pursuance of the foregoing warrant, the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Monday, March 1, 2010, at 7:00 a.m. The following places were designated as the voting places for the various precincts: Precinct One, Cary Memorial Building; Precinct Two, Bowman School; Precinct Three, ` Jonas Clarke Middle School; Precinct Four, Bridge School; Precinct Five, Cary Memorial � Building; Precinct Six, William Diamond Middle School; Precinct Seven, Joseph Estabrook School; Precinct Eight, Samuel Hadley Public Services Building; Precinct � Nine, Maria Hastings School. � � The election officers and Wardens were assigned for duty as follows: Precinct 1: Warden: Richard Pemberton [U]; Clerk: Josephine Bailey [U]; Inspectors: Edwina , Spillane [U], Richard Spillane [U], Doris Pemberton [UJ, William Barrett [R], Eileen McAlduff [U], Robert D.Warshawer[U]. Precinct 2: . Warden: Rebecca Fagan Gorospe [U]; Clerk: Richard Eaton [U], Inspectors: Susanne Hays [U]; Dorothy Bond [U], Winston Flynn, Carolyn Crowell,[U] , Arline Burns [U], Dan , Krupka [D],Ann Thatcher Anderson [D], Dorothy Zaborowski [D]. Precinct 3: Warden: Shirley R. Frawley [D]; Clerk: Faith Fenske [U]; Inspectors: William Frawley [D], Maarib Bazzaz [D], Dorothy Bolduc [U], Ann Diamond [U], Anthony Sacco [U], Laura Welby [U], Samuel Berman [D], Lillian Drury [U]. Precinct 4: Warden: Arthur Katz [D]; Co-Clerks: Evangeline Puopolo [U] & Mary Ellen Turner [D]; Inspectors: Dana Regillo [R], Gloria Curran [U], Eleanor Smith [U], John Yanakis [U], Gerald McGrath jD], Arlene Ellen McGrath [U], Vema Thayer[U]. Precinct 5: Warden: Marie Hill [U]; Clerk: Barry Sampson [U]; Inspectors: Linda Cohen [U], Alice Stringos [U], Raymond Massey [D], Pamela Marshall [U], Barbara Manuel [U], Joaquim Manuel [U], Mary Tashjian [U], Lorraine Setterlund [D], Carol Sampson [U], Francine Edwards [D]. Precinct 6: Warden: Dorothy Boggia [U]; Clerk: Ann Webster[U]; Inspectors: Charles Price [U], Elizabeth Sullivan [D], Chet Webster [U], Raya Gildor [U], Margaret Freeman [UJ, Charles Freeman[R], Joann Gschwendtner[U], Sheldon Spector[U], D. Peter Lund [R], Ann Canter[D]. Precinct 7: Warden: Alice Pierce [D]; Clerk: Margaret Bradley [D]; Inspectors: Mary Ayvazian [D], Isabelle Bennett [R], Mabel Amar�[D], Charlotte Ford [D], Jane Trudeau [D], Julie Miller [U], Harry Farrington [U], Nancy Hubert[D]. , Precinct 8: Warden: Leo Chudigian [U]; Clerk: Judith Chudigian [U]; Inspectors: Elinor Bettencourt[R], Anthony Montagna [U], Barbara Perrotta{U], Salvatore Casella [D], Anne O'Neill ' [U], Joyce Defandorf[U], John Defandorf[U]. Precinct 9: Warden: Shirley Ament-Bergey [D], Clerk: Renee Reynolds [U]; Inspectors: Carole Scalise [U], Judith Schuler[U], Clark Schuler[U], Adrian Reynolds [D], Elizabeth Weiss [U], Janet Lowther[R], Edgar Knudson [D]. � The election officers were sworn to the faithful performance of their duties. The polls were declared open in each precinct at seven o'clock A.M, and remained open until eight ; o'clock p.m., at which time, after due notice, the polls were declared closed. Election results were delivered to tfie Town Clerk at the Town Office Building. 18% of the registered voters cast their vote. The Town Clerk canvassed results as follows: ABSENTEE BALLOT BREAKDOWN Applications Total Ballots Returned Ballots Counted Pct Processed Ballots Late/Undeliverable/ Returned Rejected 1 45 18 3 15 � 2 46 26 0 26 3 76 53 2 51 4 50 22 3 19 5 55 27 2 25 6 55 28 2 26 . 7 41 20 2 18 8 45 28 0 28 � 9 28 10 0 10 Totals 441 232 14 218 J Total of 21,278 re istered voters eli ible to vote as of Februa 9, 2010. Precinct 1 2 3 4 5 6 7 8 9 Total TotalReg. 2106 2465 2472 2406 2391 2424 2428 2314 2272 21278 Democrat 806 1071 993 1055 939 981 981 890 797 8513 Republican 216 214 258 216 276 326 242 256 251 2255 Libertarian 7 1 5 4 1 3 4 2 2 29 Unenrolled 1075 1172 1212 1127 1173 1112 1198 1159 1219 10447 AllOthers 2 7 4 4 2 2 3 7 3 34 __--- _- ---- ____ _--__ - - - _- � __----___ _ .-- -- __--__ _- -------_ —---- ----- ---- March 1, 2010 Annual Town ElectiQn, cont... ,-;� TOWNWIDE OFFICES PGT 1 PCT 2 PCT 3 PCT 4 PCT 5 PCT 6 .PCT 7 PCT 8 PCT 9 TOTAL TOTAL VOTERS 2106 2465 2472 2406 2391 : 2424 2428 2314 2272 , 21278 TotalVotes : 375 469 403 516 401 489 454 433 346 3886 Percent . 18% 19% 16% 21% 17% 20% 19% 19% 15% 18% , , SELECTMEN(Vote for TWO,for THREEYears) , r--� � PCT 1 PCT 2 PCT 3 PCT 4 PCT 5 PCT 6 PCT 7 PCT 8 PCT 9 TOTAL . i GEORGE A.BURNELL ' 182 300 260 325 242 306 315 279 209 2418 �-- IANG JEON 194 168 149 186 156 18Z 164 138 157 1499 DEBORAH N.MAUGER 216 341 291 374 275 354 290 324 224 2689 AllOthers 0 0 , 0 0 0 2 1 0 0 3 Blanks 158 129 106 147 129 129 138 125 102 1163 MODERATOR(Vote for ONE;for ONE Year) �PCT 1 PCT 2 P.CT 3 PCT 4 PCT 5 PCT 6 PCT 7 PCT 8 PCT 9 TOTAL DEBORAH J:BROWN 219 304 269 341 271 331 321 309 226 2591 AllOthers 0 1 0 1 1 0 3 1 3 10 Blanks 156 164 134 174 129 . 158 130 123 117 1285 SCHOOL COMMITTEE(Vote for TWO;for THREE Years) PCT 1 PCT 2 PCT 3 PCT 4 PCT 5 PCT 6 PCT 7 PCT 8 PCT 9 TOTAL MARGARET E. COPPE 203 279 247 301 235 316 285 295 226 2387 ALESSANDRO A.ALESSANDRINI 204 275 237 307. 218 281 249 251 194 2213 AllOthers 3 3 1 2 2 1 3 2 8 25 Blanks 343 381 321 422 347 380 371 318 264 3147 PLANNING BOARD(Vote for ONE;for THREE Years) PCT 1 PCT 2 PCT 3 PCT4 PCT 5 PCT 6 PCT 7 PCT 8 PCT 9 TOTAL WENDY MANZ 209 289 249 316 245 319 291 294 216 2428 AllOthers 1 2 0 2, 0 2 4 1 4 16 Blanks 165 176 154 198 156 170 159 138 1.26 1442 375 467 403 516 404 491 454 433 346 3886 LEXINGTON HOUSING AUTHORITY(Vote for ONE,for FIVE Years) , PCT 1 PCT 2 PCT 3 PCT 4 PCT 5 PCT 6 PCT 7 PCT 8 PCT 9 TOTAL LEO P.MCSWEENEY 215 292 244 328 242 293 279 287 221 2401 All Others 0 1 0 1 0 1 1 1 1 6 Blanks � 160 176 159 187 159 195 174 145 124 1479 TOWN MEETING MEMBERS : PRECINCT 1 — Seven for Three Years; One for One Year Total Total *ERIC JAY MICHELSON 226 "JONATHAN G.COLE 189 *JANET M.KERN 210 *BARRY E.SAMPSON 173 *BRIAN E.HEFFERNAN 204 **CAROL J.SAMPSON 171 : ' *IANG JEON 195 JOHN P.BREEN 164 *STEPHEN D.COLE,JR. 194 Norma Floyd 1 "elected for 3 years;""elected for 1 year Blanks 1273 PRECINCT 2— Seven for Three Years Total Total *NANCY E. NOLAN 261 *MICHAEL J.0'SULLIVAN 218 *BETSEY WEISS 255 SAYFOLLAH B.AFSHARTOUS 113 *RITA B.GOLDBERG 248 Carl Klein 1 '`JENNIFER M.VOGELZANG 239 Stephen Reilly 1 " *KAREN R.LONGETEIG 235 Amy Wong 1 *KATHRYN MAYES FIELDS 230 Lucy Wall 1 *elected for 3 years . Blanks 1480 .7� March 1, 2010 Annual Town Election, cont... . PRECINCT 3 =Seven for Three Years Total Total . "JEANNE K.KREIGER , 281 *BENJAMIN J. COHEN 177 "CYNTHIA PILTCH 227 LOREN WOOD 159 *BETH J.MASTERMAN 221 Helen Epstein 1 "RICHARD L.NEUMEIER 213 Frank Hsieh 1 *PETER B.LEE 212 Richard R.Eurich 1 *GLENN P.PARKER 185 Blanks 1143 *elected for 3 years; � PRECINCT 4— Seven for Three Years; One for One Year Total Total ''SCOTT F.BURSON 262 *MARGARET B. HEITZ 196 r-� '`SANDRA J.SHAW 251 **PAUL MINIUTTI 184 , I "CHARLES W.LAMB 250 RAYA GILDOR 174 ' - *NYLES NATHAN BARNERT 230 SARAH A.MICHAELS 146 �� *MICHAEL P. BOUDETT 214 MURIEL G.WARD 121 *SUSAN A.MCLEISH 205 Julie Ann Stevenson 1 Marcia Gens 1 Blanks 1893 *elecfed for 3 years;'*elected for 1 year PRECINCT 5 — Seven for Three Years; One for One Year � Total Total "JEROLD S.MICHELSON 233 "PAUL V.BERGANTINO 184 "ANDREW J.FRIEDLICH 231 "JEFFREY J.CRAMPTON 168 � *M. MASHA TRABER 230 �`DAVID E.BURNS 151 "IRENE M. DONDLEY 222 MATTHEW A.THENEN 147 "MARILYN M.FENOLLOSA 201 Judith Leader 5 _ , �elecfed for 3 years;"'"elected for 1 year Blanks 1436 PRECINCT 6 — Seven for Three Years Total Total *TRISHA P.KENNEALY 303 *Ann Kelly 119 *DEBORAH STROD 303 Mark V.Andersen 12 � *BRIAN P.KELLEY 272 Marianne Lazarus 10 "DAWN E.MCKENNA 264 Anne Kelley 4 *ALAN J.LAZARUS 262 Ashley McKenna 4 *MICHAEL P.SEGAL 233 Mark Sandeen 3 � ' AlI 0thers 11 "elected for 3 years Blanks 1623 PRECINCT 7 — Seven for Three Years; One for One Year Total Total *MARGARET L.COUNTS-KLEBE 279 �`RAVI K.SAKHUJA 201 *MARY BURNELL 270 JAMES E. GOELL 157 'CATHERINE WOODWARD GILL 254 Michael Barg 2 *PATRICIA ELEN COSTELLO 239 David Needham 1 *JAY B.EIDSON 229 Mark Chonofsky 1 ` *JOYCE A. MILLER 229 Shirley Farias � *RAND K.SPERO 220 Althea Bertrand � � "elected for 3 years;**elected for 1 year Blanks 1548 PRECINCT 8 — Seven for Three Years Total Total "DAVID C.HORTON 281 ROBERT M.AVALLONE 180 ` "ALAN MAYER LEVINE 246 Margery M.Battin 4 *MELINDA M.WALKER 237 Richard Battin 3 - *MARGARET S.ENDERS 235 Alicia Caravana 1 *JOSHUA B. BRANT 234 Roberta Franks � 1 *JOHN T.CUNHA 215 Annie McQuilken 1 *ALAN V.SEFERIAN . 188 Blanks 1205 '"elected for 3 years PRECINCT 9 —Seven for Three Years Total Total *MARGARET E.COPPE 212 "SHIREEN AHMED 162 *THOMAS 0.FENN 207 Doug Luckerman 1 *FRANCINE STIEGLITZ . 194 Michelle Ciccolo 1 *VICTORIA LAWRENCE BLIER 189 Dawn McDonough 1 *RODNEY COLE 183 Anthony Close 1 *JESSE F.SEGOVIA 181 John Clough 1 , "elected for 3 years Blanks 1089 A true copy. Attest: �7�� onna M. Hooper, � own Clerk __. ------ - - -------- -___ ___-- � __ _____ . __ _ : �1 , Deborah N. Mauger, 38 Liberty Ave, resigned as a Town Meeting Member from Precinct 8 effectiVe March 2, 2010. As Ms. Maugerwas elected as Selectman at the Annual Town Election held March 1, 2010, she is now a Town Meeting Member At-Carge � _ in accordance with Chapter 215, Section 3 of the Acts of 1929: : Robert X. Avallone, 21 Gonstitution Rd, received the highest number of votes as a defeated candidate for Town Meeting from Precinct 8 at the March 1, 2010 Annual Town Election. As of March 8;201Q Mr. Avallone's acceptance of the position to fill the vacancy caused by the resignation'of Ms. Mauger (exp. 2012) has been filed with the . Town Clerk. This term wilf expire March 2011. � Jill Stein, 17 Trotting Horse Dr, resigned as a Town Meeting Member from Precinct 2 effective March 12, 2010. :Sayfollah B.Afshartous, 5 Green Ln, received the highest numberof votes as a defeated candidate for Town Meeting from Precinct 2 at the March 1, 2010 Annual Town Election. • - _ As of March 12, 2010 Mr. Afshartous' acceptance of the position to fill the vacancy . ' caused by the resignation of Ms. Stein (exp. 2011) has been fled with the Town`Clerk. This term will expire March 2011:' Ann M. Kelly, 15 Brent Rd, received the highest number of votes as a write-in candidate for Town Meeting from Precinct 6 at the March 1, 2010 Annual Town Election.� As of � March 15, 2010 Ms. Kelly's acceptance of the position to fill the vacancy has been filed with the Town Clerk. This terrn will expire March 2013. _ James E. Barry, 10 Crescent Hill Avenue, Town 1Vleeting Member from Precinct l, with a term expiring March 2011, passed away 1Vlarch 23;2010. John P.Breen, 8 Crescent , Hill Avenue,received the highest nuxnber of votes as a defeated candidate for Town Meeting from Precinct 1 at the March 1, 2010 Annual Town Election. Mr. Breen declined acceptance of the position to fill the vacancy. Norma Dominick Floyd, 16 Oxford Street,received the next highest number of votes as a write-in candidate for Town Meeting from Precinct 1 at the March l, 2010 Annual Town Election. As of April 19,2010 Ms. Floyd's acceptance of the position to fill the -- �acancy as a Precinct 1 Town Meeting Member has been filed,with the Town Clerk. , This term will expire March ZO1 l. � , � �I � � . � .� , - , .�:2 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 LfCTURE SERIES MOTION: That a committee of three be appointed by the Moderator to have the charge of r the lectures under the wills of Eliza Cary Farnham and Suzanna E. Cary for the current year. Adopted Unanimously. 8:07 p.m. �4RTICLE 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. o Selectman Norman Cohen moved articles 37-41 be taken up. Adopted Unanimously. � 0 '�N �� 8:14 p.m. ' Presented by Charles Hornig, pr.8. �c.--� � � 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: � o 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): � 0 1. Amend the definition of "Drive-In Restaurant" in §135-8 to read as foilows: o � *' � DRIVE-IN FOOD SERVICE — An establishment primarily for dispensing food or beverage for .1..1 N � consumption in a car on the premises. �o DRIVE-IN Q�eT°"o°n'T FOOD SERVICE—An establishment primarily for dispensing�F�3F2d-food or .n .-� � beveraqe+^ ^��Tfor consumption l��"^ �^++h,� f,,,,,� ,.,h,�o �,++,,,,, in a car on the premises. � p 2. Add the following definition after the definition of "DRIVE-IN RESTAURANT" and before the o � definition of"DRIVEWAY" in §135-8: � � DRIVE-THROUGH FOOD SERVICE — An establishment primarily for dispensing food or beverage to � �' persons in a car. ___-- __--- -------- --_ _____ --- _ - � _ __ _ _ ___--- � �_� .;:; March 22, 2010 Session of the 2010 Annual Town Meeting, cont... �3 r�� ,,a ',f ;, 3. Amend the definition of "Takeout Food Service" in §135-8 to read as follows: r� . . � � . . � . � � ;£ 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 �Fep�r'�-food or beveraQe 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: C� CN CRS CS CB CLO CRO CM � 8.11 Convenience goods often Y Y Y Y Y �Y Y ; �' bought on a daily basis �; such as food, candy, newspapers, tobacco � roducts � � 8.13 Food�not#�a�intended Y Y N Y N N �SP for consumption on the ' � �� premises,�+r�sN�es � � � � � � i � dclin�+occcn nr h�Len but � . not a takeout or fast-food , service °? CN CRS CS CB CLO CRO CM 9.11 Restaurant N �Y N Y N �Y �R Y - 9.12 Fast food service �SP SP N SP N A�SP �R Y 9.13 Takeout food service (* �R Y* �Y* SP Y* N A�Y* �R Y* requires a SP for service between the hours of 11 pm and 7 am 9.14 Caterer or other N N �Y SP N N Y establishment preparing meals for groups of people F= (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-�throuqh N N N N N N N food service��s"m�„i 8:16 p_m. Charles Hornig reported unanimous support of the Planning Board 8:27�5.tY1. D�l�btali 1�IaiigB'r fepo'rtecl"u'iiariiiiious support of the Board of Selectmen. 8'28 p.m. Members questioned fast-food and take-out, dnve-in and drive-tluu definitions, primary type of food establishments, and role of Zoning Enforcernent Officer. Charles Hornig responded. Planning Director MaryAnn McCa11-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-1MPERVIOUS 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. � �� rt rr rt ARTICLE 39 MOTION FROM PLANNING BOARD REPORT: a w c° To see if the Town will vote to modify the National Flood InsuranceDistrict,by amending the �� o a � Zoning Bylaw and Zoning Map of the Town of Lexington as follows: � �.� b � - 1. Delete and replace the existing § 135-2E(2) so that it reads as follows: ��c rt a� m o (2) The National Flood Insurance District. The NFI District includes all special flood hazaxd � � � 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 o � � Insurance Program. The map panels of the Middlesex County FIRM that are wholly or o o w 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 � -7'L�. March 22, 2010 Session of the 2010 Annual Town Meeting, cont... Insurance Study (FIS) report dated Ju.ne 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 J. quality, contamination, and pollution due to flooding; avoid the loss ofutility 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 SO lots or 5 acres, whichever is the lesser, within unnumbered A zones. (4) Notification of Watercourse Alteration. In a riverine situation,the Conservation Administrator sha11 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 inay 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 f 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] a11 public utilities and facilities are located and constructed to minimize ar eliminate flood damage; and [3] adequate drainage is provided to reduce exposure to flood hazards. _ ____ __ --__ ____ _ - -- � _- -_ __ _ _ _ _ _ __ -- _--___ March 22, 2010 Session of the 2010 Annual Town Meeting, cont... ��5 (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 belovv. 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 ar exceeded in any given yeax. 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 BOLTNDARY 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 BOLTNDARY 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 hazaxd 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 unf nished 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, structu�es far which the "start of construction" commenced on or after the effective date of a floodplain management regulatiori 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 xesembling a river (including tributaries), stream,brook, etc. SPECIAL FLOOD HAZARD AREA means an area having special flood andlor flood- related erosion hazards, and shown on an FHBM or FIRM as Zone A,AO, A1-30, AE, A99, AH, V, V 1-3 0, 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 iricludes a building while in the course of construction; alteration, arxepair, 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 va.lue of the structure either(a) before the improvement or repair is started, or (b) if the structure has 7'�j March 22, 2010 Session of the 2010 Annual Town Meeting, cont... 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 ar not that alteration affects the external dimensions of the structure. ' ZONE A means the 100-year floodplain area where the base flood elevation(BFE)has not been determined. To determine the BFE,use the best available federal, state, local, or other data. ZONE A1-30 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. o �+ � v ---------------------------- � � 8:45 p.m. Richard Canale,pr.9, reported on the article. � a 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 Mauger reported unanimous support of the Board of Selectmen. �a .. � � 8:50 p.m. Motion Declared Unanimously Adopted. � � v � " a 8:50 p.m. Presented by Anthony Galaitsis, pr.6. � •� ARTICLE 40: AMEND ZONWG BY-LAW—TECHNICAL CORRECTIONS 0 o 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 �o nonsubstantive cfianges to the numbering of this bylaw be permitted in order that .� � it be in compliance with the numbering format of the Code of Lexington. bv �a o � MOTION FROM PLANNING BOARD REPORT: a�, . That the Zoning Bylaw, Chapter 135 of the Code of the Town of Lexington, and the Zoning Map �� of the Town o£Lexington be amended as follows: 1. Replace the word"Traffic"with the word"Transportation" in the title of the section135- 43 C(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." 0 � o --------------------- � �N � . � .. � . � . �� 8:53 p.m. Deborah Mauger reported unanimous support of the Board of Selectmen. � � Declared Unanimously Adopted. o �+ U � �s � 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: � • � b � � Amend §135-77A(2) by designating the existing paragraph as section (a) and � a adding a new paragraph (b) so §135-77A(Z) reads as follows: � �, . (2) Projecting signs. 0 0 (a) In paxticular instances the SPGA may issue special permits for projecting � o signs in accordance with §135-78, if it is determined that the architecture p� 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 o � the public interest. No establishment shall be permitted more than one � a � projecting sign. ' �� i) Notwithstandin�(a) above in the Center Business District, one nroiectin� . �r�n per establishment shall be permitted by_ri h�t provided it meets the standards set out below Projectin�s�igns exceedin�these dimensions shall be su�ect to the specialpermit provisions of§ 135-78. �11 Projectin�si�ns may not exceed six square feet in area(not includin� the area of the s�portin�bracket or han�er); f21 For sin lg�e-story structures projecting signs sha11 not proiect above the roofline or 18 feet whichever is lower• for multi-story structures �roiectin� si�ns mav not extend verticallv above the window sill of the � second storv; ___ . T ---_ __ _ _ __ _ _ _ _ __ _ __ _- _ _ � March 22, 2010 Session of the 2010 Annual Town Meeting, cont... �:7 j3] Pro'lecting signs must clear sidewalks by af least eight feet from the bottom of the sign and mav project no more than four feet from a buildin�or one-third the width of the sidewalk, whichever is less; [4] Projectin��;ns must clear the wall bv at least six inches and must project from the wall at an an�le of 90 degrees. An u�lar projection � 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.l, 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 McCa1l-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 0 24 Abstain 0 0 0 0 0 1 0 0 0 0 1 9:58 pm. Selectman Norman Cohen moved Articles 6 and l0 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 postpo�ed. 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 � 9 the Article, and further that nonsubstantive changes to the numbering of this b � bylaw be permitted in order that it be in compliance with the numbering format of � � the Code of Lexington: � a � �i C 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 �' rt and Enter Certain Contracts) by adding after the words "Water supply 20"the o � �, words "Community Television Services 10"; ar act in any other manner in „o � ' relation thereta � `� ` � b � o m 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. rt rt � � � m � n o w �-., x � � � � � N O r-� O 7$ March 22, 2010 Session of the 2010 Annual Town Meeting, cont... � 10:05 p.m. Presented by Selectman Deborah.Mauger. � 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. .n cC � � a 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: ,-i . � � a) by deleting the entire paragraph under Paxagraph (3) of Item C. Mitigation of§ 120-8 ' � � Protected Trees and adding the word"Deleted" after (3); and � �a b) by deleting the sentence under Item C. of§120-9 Emergencies and Exemptions and �-�' � o adding the word"Deleted" after C; 0 0 or act in any other manner in relation thereto. 1� N � �0 10:05 p.m. Deborah Mauger 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. �1�� 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 22"d. Town Meeting o Member Dan Fenn,pr.3, spoke of remembrances. .� 0 �N 7:55 p.m. Selectman Norman Cohen moved Article 43 be taken up. Motion Adopted. � � x � o �, 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 � o and the Planning on January 13, 2010 and revised and resubmitted on March 15, �,� 2010. . �, , � o . � o 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. - - _--_ _ __ --_ __ __ ______ _ _ __ ___ _ __ --- --- _ _ _ T_ _ _ _ March 24, 2010 Adjourned Session of the 2010 Annual Town Meeting, cont... 7;9 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 diversiiy,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 Ke11ey,pct.6;Beverly Kelley,pct.4; Peter Ke11ey,At-Large;Alan Wrigley,pct.7;Paul Barnes,pct.S;Janet Perry,pct.9 9:46 p.in. 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 ll 5 5 7 7 3 1 47 With l 18 voting in the affirmative, and 47 in the negative, the Moderator declared the motion adopted by more than the required two-thirds vote. i 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' PETITIOl� 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 environmentai, economic and resource uncertainties, including but not limited to climate change, availability and cosfs of fossil fuels, toxic pollution of soils and water, and growing international competition for Jimited essentials such as food, water, shelter,and transportation; Whereas,Lexington isalmost entirely dependenton 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; 8� 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 pm. 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 declaxed 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 6 70 NO 8 8 6 13 5 8 6 6 7 3 70 10:31 pm. 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, ZO10, 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 x William Middlemiss. � 0 � 0 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 � c� �,,ti MOTION: That the Code of the Town of Lexington be amended by adding a new Chapter 115, � �; entitled Stretch Energy Code, as follows �+ � ° a°a Chapter 115 � � • �,� STRETCH ENERGY CODE '� � [Adopted 3-31-2010 ATM/by Article 29] b a� o '� § 115-1 Definitions. § 115-4 Authority. .� p, � § 115-2 Purpose. § 115-5 Stretch Code. �,� § 115-3 Applicability. _ _ _ - _ _ -- _ _ __ _ _ _ T __ ____-- _ March 31, 2010 Adjourned Session of the 2010 Annual Town Meeting, cont... 8`1 § 115-1. Definitions. 1nternational Energy Conservation Code (IECC)2009-The International Energy Conservation Code(IECC) is a building code created by the Intemational 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 constcuction 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 tothe 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 applica6le. § 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 inthe 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/municipafcode 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 JeffFoster spoke in support. � 8:26 p.m. Nancy Nolan, pr.2, Lexington Global Warming Action Committee, spoke in support. 827 p.m. Ian Finlayson responded to questions on state policies on carbon t�. _ 8:30 p.m. 1Vlark 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. -82 March 31, 2010 Adjourned Session of the 2010 Annual Town Meeting, cont... 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. 0 N � � ARTICLE 42 PLANNING BOARD REPORT MOTION � � That the Zoning Bylaw, Chapter 135 of the Code of the Town of Lexington, be amended as . o � 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" � u and before the definition of"REAR LINE OF A LOT" in §135-8: " a RATED NAMEPLATE CAPACITY: The maximum rated output of electric power production �o of the Photovoltaic system in Direct Current (DC). 0 0 3. Add a new row 14.20 in Table 1 (Permitted Uses and Development Standards), Part B � N (Commercial Uses) as follows: � o CN CRS CS CB CLO CRO CM ,�'� 14.20 Large-Scale Ground-Mounted N N N N N N R � � Solar Photovoltaic Installation a� .n � � a a g�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. Irichard 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. Richaxd 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 declaxed 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 (cirizEN aRTic�e) 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 pm. 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.l, 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, cont... �`3 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 t�deferrals under Clause 41A of Section 5 of Chapter 59 of the Massachusetts General Laws and Chapter 190 of theActs 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.l, 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 re�rmation of votes for the current session of the Massachusetts legislature. 9:57 p.m. Eric Michelson; pr.l,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 Chaxles 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 unti17:45 p.m., Monday, Apri15, 2001, Cary Hall, Cary Memorial Building._ Motion Adopted. A true copy. . ],,,, Attest: �1'��V Y l, 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'S, 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 $C�. Apri15, 2010 Adjourned Session of the 2010 Annual Town Meeting cont... 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, e�rollment decreases and trends, cost of out of district students, elimination of non-member status, special education increases, staffing, and controlling health care costs. 9:3 8 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 Schooi 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.l, 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 Mauger 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.l, 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 S, 2010 Adjourned Session of the 2010 Annual Town Meeting, cont.,. 85 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 untii 7:45 p.m., Wednesday,April 7, 2010, Cary Hall. Unanimously Adopted. A true copy. �n,, Attest: ��'�-�" �'�- Donna M. Hooper, Town Clerk Apri17,2010 Adjourned Session of the 2010 Annual Town Meeting The fifth session of the 2010 Annual Town Meeting was called to order by Moderator beborah J. Brown at 7:45 p.m., Wednesday,April 7, 2010, Cary Memorial Hall; a quorum of 165 present. �' �-,- ARTICL.E 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 andplaced 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, c�eation and preservation of open space excluding Zand for�ecreational use; 2. $2,529,839for the acquisition,preservation, rehabilitation and restoration ofhistoYic . resources; 3. $1,083,840 for the creation,preservation and support of community housing; and 4. $116,551 to the Unbudgeted Reserve. [see amendmentJ 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 far 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 tlie 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. fl That$695,000 be appropriated from the Community Housing Reserve of the Community Preservation Fund for the purchase'of two affordable housing units. '"g�j Aprzl 7, 2010 Adjourned Session of the 2010 Annual Town Meeting, cont... 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 t�levy. Z) That$1,825,000 be appYopriated for remodeling, reconstructing and making extr^aordinary repairs to the Town Office Building, and that to�neet this . appropriation $1,500,000 be appropriated from the Histo�ic Resources Reserve of the Community Preservation Fund and the Treasure�, with the app�oval of the Board of Selectmen, is authorized to borYow $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,I00 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. � 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 Furid 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 201 l. 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 far sections 1-4, and that the Selectmen were unanimously in support of all other sections except `c', �1� � � �r, , q � 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. i 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 yeax. 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. _ T __------___ _ _ _. _ _. _ __ ___ __ _- April 7, 2010 Adjourned Session of the 2010 Annual Town Meeting, cont... `$7 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 Moderatar 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#2 ($2,529,839) to $1,029,839 for historic resources and increase#4 ($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 maj ority of the Board of Selectmen. s 9:22 p.m. Betsey Weiss,pr.2, reported the opposition of the amendment by a rnajority 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' UnanimouslyAdopted. � 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 4th carnival purposes. 9:51 p.m. Part `c' Unanimously Adopted. 9:51 p.m. Part `d' —Presented by Leo McSweeney, pr.9. � Mr. 1VIcSweeney reported the recent retirement of Housing Authority Executive - Director Ann Whitney and that Mr. Stephen Keane has assumed the position of Executive Director. David Kanterxeported 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, sectiom a,b,c,d,e. 8-'8 April 7, 2010 Adjourned Session of the 2010 Annual Town Meeting, cont... 9:59 p.m. Part `� —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 Le�IAB holds the title and the town will acquire housing restrictions on the properiy, 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 d'efeated. 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 pm. 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. Chaxles 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, To Clerk Apri112,2010 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 B�ARDS, 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. N ..., ... ... . .._. ._. . . ..._..__ ._....._. -__..___'- ____. ___.... _..._._ _ ._..._ � _...._.___.__.-_ �___._ ..__.__ ._.__._ _ ._-.__ __..___ ._.__'_-__ _._-_"_._ _'-__._....._..__._. Apri112, 2010 Adjourned Session of the 2010 Annual Town Meeting, cont... 89 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. 43 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 ServicesPersonal 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 Personaf 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, cont... 8330�Public Celebrations Committee $32,000 8400 Finance Pers�nal Services $1,086,867 8400 Finance Expenses $391,504 8500 Town Clerk Personai 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 bemand 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 Accounfs. 8:30 p.m. Line Item l 100 Margaret Coppe reported unanimous support of the School Committee. Mollie Garberg reported unanimous support of the Appropriation Committee. Superintendent Paul Ash responded to questions regaxding employee benefits and available data for comparisons. Committee Chairman Maxgaret Coppe and member Rod Cole further explained impact of current negotiations on availabiliiy 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, pr3, 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 requestremains 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, cont... ��1 9:19 p.m. Robert Rotberg, pr.3, questioned having 2 amendments simultaneously. The Moclerator explained parliamentary procedure for simultaneous discussion. 9:21 p.m. Town Manager Carl Valente responded to questions from Iang Jeon,pr.l, on the number of health insurance subscribers, proj ected 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 41ine 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 fNTERPRISE FUND BUDGETS MOTfON: a) That the Town appropriate the following sums of money to operate the Water Division of the Department of Public Works during fiscal year2041; 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 r--- provisions of M.G.L. Chapter 44, Section 53F'/2: Salaries $ 276,152 Expenses 330,600 � Debf 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 pm. 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 reta.ined earnings and indirecf 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. `� � AR.TICLE 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'/for the fiscal year beginning July 1, 2010, as follows: Revolving Fund Authorized Departmental Use of Fund FY2011 Representative or Receipts Authorization Board to S end Public Facilities Director of Public Building rental fees Personnel and $275,000 \ Building Rental Facilities Expenses . Related to the Rental of Facilities �2 A ri112, 2010 fId'ourned Session of the 2010 Annual Town Meetin , cont... 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 Ca ifal LexMedia Board of Selectmen License fees from CA7V contract, $400,000 Operations and Town Manager cable N providers equipment and related ex enses Trees Board of Selectmen Gifts and Fees Program $20,000 Ex enses Minuteman Public Works Director Fees paid by Program $175,000 Household consortium towns Expenses `� Hazardous Waste Pro ram Health Programs Health Director Medicare Program $10,000 Reimbursements Ex enses Council on Aging Human Services Program fees and Program $100,000 Pro rams Director � ifts Ex enses Tourism/ Liberty Town Manager and Liberty Ride Program $174,375 Ride Tourism Committee receipts, including Expenses ticket sales, advertising revenue and . char er sales School Bus School Committee School bus fees Bus $830,000 Transportation Transportation Ex enses 10:05 p.m. Peter Kelley reported the unanimous support of the Boaxd 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 composf 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. I0:11 p.m. Norman Cohen, after explaining a typographical error in fhe 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: ,� Donn�a M Hooper, To Clerk Apri114, 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 Moderatar called a recess for the Town Meeting Members Association to . .� recognize Town Meeting Member David Kaufinan for his long service to the Town Meeting - Merribers Association. � J 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, cont... 93 Continuation ofArticle 8 discussion from the meeting ofApril 7�h. 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 recomme�dations 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 �i 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, rehabil itation and restoration of historic resources; 3. $1,083,840 for the creation,prese�vation and support of community housing; and 4. $Ilb,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 Preser�ation Fund for the implementation phase of the Center Pla�elds Preservation Drainage project. d) That$386,129 be appropriated from the Community Housing Reserve of the Community Preservation Fund far the Greeley Village Siding Replacement. e) That$10,000 be appropriated from the Community Housing Reserve of the Community Preservation Fund for a design siudy for the Vynebrook Village Drainage �_. project. fl 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 Memarial 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 Cominunity Preservation Fund and that$161,534 be raised in the taa�levy. Z) 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 TNeasurer, with the approval of the Board of Selectmen, is � authorized to borrow $325,000 under M.G.L. Chapter 44, Section 7 or any otheN - 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 proj ect. 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, cont... 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,l00 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 Hanlc Manz. Mr. Manz reported the Board of Selectmen rec}uests 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.l. 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 Capita.l 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 explairied planned report will include recommendations. 8:26 p.m. Additional comments and questions were presented on condifion 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,�'. "p`'.,,�i 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 2 3 4 5 6 7 8. 9 AL Total � '� YES 12 7 7 8 11 16 9 12 10 16 108 ��_ ,�/ NO 1 4 7 3 3 4 0 1 2 2 � �� 8:51 p.m. Following a voice vote on Article 8(p), the motion was declared Adopted, with 89 voting in the affirmative and�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 16 89 NO 6 8 5 5 8 8 1 4 8 3 56 8:55 p.m. Charles Lamb,pr.4, served notice of reconsideration of Article 8(p). _ ___ __ _--- ---- T- --- ____- -____ ___ -_ _ _ _ ------- ----- ---- . April 14,:2010 Adjourned Session of the 2010 Annual Town Meeting, cont... "�✓ 8:SS p.m. Part 8 `q' -Presented by Marilyn Fenollosa. Ms. Fenollosa reported unanimous support ofthe 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 Commit�ee. Francine Stieglitz reported the support of the Commission on Disability." 9:21 p.m. Susan Bennett, Executive Director, Lexirigton 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 S `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 Art'icle 8—q, r, s. � 9:42 p.m. Following a voice vote on Article 8(t),the motion was declared Ado pted, with� `1� `.. . voting in the affirmative and 65 in the negative, tallied as follows: � Vote/Pct 1 2 3 4 5 6 7 8 9 AL ' Total YES 7 7 2 4 8 11 6 5 8 17 75 NO 5 6 10 9 6 7 4 9 7 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 Comrnunity 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 J 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 ��j Apri114, 2010 Adjourned Session of the 2010 Annual Town Meeting, cont... 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. : J. 10:05 p.m. John Bartenstein, pr.l, 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 1.3 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. Nornian 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 HaIL Unanimously Adopted. A true copy. VV�q��'� Attest: � Donna M. Hooper, Town Clerk _ _- --_-----_ — ____ _ __---- --__ �- _ __----- _. ____ _ _ _ __ ___ - -----------_ _______ . Apri126, 2010 Adjourned Session of the 2010 Annual Town Meeting, cont... `�7 Apri126,2010 Adjourned Session of the 2010 Annual Town Meeting The eighth session ofthe 2010 Annual Town Meeting was called to order by Moderator Deborah J. Brown at 7:45 p.m., Monday,Apri126,2010, Cary Memorial Hall; a quonun 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.l, 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 buiiding 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 meetthis appropriation the Treasurer,with the approval ofthe 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. fl 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 1V�oderator. 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(o) be voted separately. Margaret Coppe reported the School Committee seeks to separate out article 16 (c) and Moderator declaxed 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 far subsection(c). � .� Apri126, 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 mechanicaT 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 formaintaining 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 Cl.ock/Time Reporting System - $97,000 for the purchase of a timekeeper � system, and that to meet this appropriation the Treasurer, with the approval ofthe Board of Selectmen, is authorized to borrow $97,000 under M.G.L. Chapter44, Section 7 or any other enabling authority. - d) Classroom Furniture - $58,571 for the purchase of classroom furniture, and that to meet#his 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 `soflwaxe'. AMENDMENT: Strike the wording `and software' from part(b). . Unanimously Adopted. 9:21 p.m. Vote on paxts 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 Burne1L 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... ��'9'.-`9 David Pinsonneault, Superintendent of Parks and Grounds, explained no overlap. 9:27 p.m. Motion Unanimously Adopted: 9:27 pm. Charles Lamb served notice of reconsideration of Article l l. 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, witli 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 s#ormwater 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 meetthis 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. fl 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 ofSelectmen, is -- authorized to borrow$200,000 under M.G.L. Chapter 44, Section 7 or any other enabling authority. h) Storm Drainage 1mprovements-$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 unteserved 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. I) 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 sidewalKon 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 fordeveloping 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 Eamings 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 pm. 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, l,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 porinda Goodman responded to questions about requested funding for network equipment. 9:44 p.m. Subpart(�-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(j)—Town Engineer John Livsey responded to questions on dam repairs and inspection reports. 9:50 pm. 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.in. . 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 MLTNIS 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. 10:20p.m. Eric Michelson,pr.l, 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 iri 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, Apri128, 2010, Cary Hall. Adopted. � A true copy. (,,,, Attest: ��LY�'l Donna M. Hooper, Town Clerk _---- ___ ___ _ ----_ _ _ � _-- ----_ _ __ _ _ __ __ - _ _ .__ � April 28, 2010 Adjourned Session of the 2010 Annual Town Meeting, cont... 1 0`1 Apri128,2010 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 l73 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.l. ' 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 Worid War II accelerated the deciine of agriculture and loss ofopen land in Lexington and the rising cost of land made farming and holding oflarge 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 considerthe 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 aIP 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 Mauger 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 farxning. 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 far ; 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 fanning 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. "�-02 April 28, 2010 Adjourned Session of the 2010 Annual Town Meeting, cont... 8:22 p.m. Peter Keliey, 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:l, 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 Kaufinan, 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 Kaufinan 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 10�'. 9:07 p.m. David Kaufinan,pr.6,withdrew the Kaufinan 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 l Oth. � Motion to Lay on the Table Declared Adopted by more than the required two-tl3irds. 9:09 p.m. Selectman Norman Cohen moved Article 8 (1) be taken up. Unanimously Adopted. ---- ---- _ _ ._ _ _ _ __ _ __ __ __.._ __----_ _ _--- - _-- __ __ ___ _ ___ , _ Apri128, 2010 Adjourned Session of the 2010 Annual Town Meeting, cont... 1 O`� 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 i 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 Mauger, 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 tlie 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 Boazd 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.l, 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.l, 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 1Vlotion Adopted by a vote of 115 in favor and 46 in opposition, tallied as follows: Article 8 1 : � Vote/Pct 1 2 3 4 5 6 7 8 9 AL Total YES 10 7 10 13 12 15 12 8 11 17 115 NO 7 9 5 6 5 4 3 5 1 1 46 10:37 p.m. Charles Lamb,pr.4, served notice of reconsiderafion 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. '�`�4 Apri128, 2010 Adjourned Session of the 2010 Annual Town Meeting, cont... 10:47 p.m. Norman Cohen inoved 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 Haywaxd, pr.5,moved the question. Motion Adopted. 10:53 p.m. Motion to Adjourri to Monday, May 10, 2010 at 7:30 p.m. Adopted. A true copy. Attest: ��'?l/u-�� 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 Ha11; 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 Eurich 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 MOTtON: That appropriations to the following stabilization funds be made from the sources and in t�ie 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 Tra�c 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 Annual Town Meeting, cont... �'O� 7:42 pm. 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 Communi Develo ment 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 $ 8,887,135 and further that$200,000 be appropriated from the GeneralFund 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 Caxl 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 Commissionbe 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 � PreservationFund, 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, ar 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 Chairxnan 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 Boaxd of Selectmen. � 8:43 p.m. Eileen Entin, Blossomcrest Rd,reported unanimous support of the Citizens for Lexington Conservation. '�`�Q6 May 10, 2010 Adjourned Session of the 2010 Annual Town Meeting, cont... 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 pm. 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 r affirmative and 27 in the negative, tallied as follows: � r,..� VotelPct 1 2 3 4 5 6 7 8 9 AL Total YES 13 13 10 14 13 13 13 15 14 16 134 NO 3 2 6 4 1 5 3 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 2 3 4 5 6 7 8 9 AL Total YES 11 13 I 1 12 13 13 16 ' 11 15 14 129 NO 5 6 3 7 2 5 1 6 3 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; � i THEREFORE,be it resolved that to achieve this goal, Town Meeting requests that: � 1. The Selectmen explore different options for the Properiy, including without limitation,the sale or lease of the Properiy 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 pm. 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 pm. Charles Lamb reported,the Capital Expenditures Committee (4-0) opposes reconsideration. . 10:11 pm. Following a brief recess, the Moderator invited Town Meeting Members also servirig as members of the Community Preservation Committee to offer comments on reconsideration. ' , ___- ---- _ _ _ _ _ .__ ___ __ _ - --- ----- --_--___ ____ - __ _ _ __ _ _ ------_ ___ � ._ May 10, 2010 Adjourned Session of the 2010 Annual Town Meeting, cont... �'_0'7 10:13 p.m. Sandra Shaw, pr.4, reported support for reconsideration. 10:14 p.m. Joel Adler,pr.l, reported support for reconsideration. 10:14 p.m. Marilyn Fenollosa, pr.5, reported support for reconsideration. 10:15 p.m. Selectman Norman Cohen reported oppositionto reconsideration. 10:17 p.m. Wendy Manz,pr.9, Planning Board Member, reported opposition to reeonsideration. 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, pa.rts 2, 4, a), c) and v). r 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. 1039 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 Q'',��for the acquisition, preservation;rehabilitation and restoration of historic resources. 4. $431,551 �-5�to the Unbudgeted Reserve. a) That$320,000 be appropriated for the Minuteman Bikewa�preservation and to meet . this a�propriation, $160,000 be appropri�ted from the Open-Space Reserve of the Community Preservation Fund, and$160,000 be appropriated from the Unbud eted Reserve�Ti a��"�*�a �'��-' B�'�� of the Community Preservation Fund€er�ke � c) That$875,173 be appropriated for the implementation phase of the Center Plavfields � Preservation Draina�e project,and to meet this a�propriation, $271,551'be appropriated from the Unbud�eted Reserve of the Community Preservatiori Fund and $603,622 be appropriated from the Undesignated Fund Balance of the Community Preservation Fund f�r th� �'�m��*��:�. ;��„ ��u�;��` �*��D��=� ,a � �: � � �- - ----r--------- :!:. :�va �� . . �'��iliii3�-�P J_E�' v) That$150,000 be appropriated from T r�'�„�'o�*�a D_��-�,_�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 or�the conclusion of the 2010 Annual Town Meeting, Selectman Norman Cohen moved the 2016 Annual Town Meeting be dissolved. Motion Unanimously Adopted. A true copy. __ Attest: ' 1��- �'Vl � � Donna M. Hooper, Town Clerk ��4�8 (Warrant for State Primary—See W.ARRANT FILE) STATE PRIMARY-TUESDAY, SEPTEMBER 14, 2010 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Tuesday, September 14,2010 at 7:00 a.m. The following places were designated,as the voting places for the various precincts Precinct One, Cary Memorial Hall; Precinct Two, Bowman School; Precinct Three, Clarke Middle School; Precinct Four, Bridge " School; Precir�ct Five, Cary Memorial Hall; Precinct Six, Diamond Middle School; Precinct Seven, Estabrook School, Precinct Eight, Samuel Hadley Public Services Building; Precinct Nine, Hastings SchooL The election officers and Wardens of the various precincts were assigned for duty as follows ' Precinct 1: Warden: Richard Pemberton [U]; Clerk: Barry Sampson [U], Eileen G. McAlduff [D], Margaret Kelly [U], Jeannette Cerulli [D], Richard Spillane [U], Edwina Spillane [U], Doris Pemberton [U], William J. Barrett[R], S. Bijan Afshartous[D]. Precinct 2: Warden; Richard Eaton [U]; Clerk: Susanne Hays [U]; Inspectorsc Arline Bums [D], Dorothy Zaborowski [D], Marita Hartshom [D], Robert Hartshom [D], Nona Dreyer[D], Margaret Ouellette [DJ, L. Susan Conway[U], Gloria Holland [U], Samuel Berman[D], Katherine 0'Sullivan [U],Ann Anderson [D]. Precinct 3: Warden: Shirley R. Frawley[D]; Clerk: Faith Fenske[U] Inspectors:Anthony G. Sacco (U], Laura Welby [U], Elizabeth McLaughlin [D], William Frawley [D], Mary Ellen Turner[D], Harry Farrington [U], Claire Martin[D],Joel Adler[U]. Precinct 4: Warden: Arthur Katz[D]; Clerk: Evangeline Puopolo [U]; Inspectors: Dana Regillo [R], Mary Devoe[U], Eleanor Smith [U], Bever�y F.Aker[U],John Yanakis[U], Raya Gildor[U],Winston Flynn (U], Sandra Natale[U], Edward Natale, Sr. [U]. Precinct 5: Warden: Marie Hill [U]; Clerk: Josephine Bailey [U]; Inspectors: Alice Stringos[U], Raymond Massey [D], Linda Cohen [U}, Christine Hill [D], Barbara Manuel [U], Joaquim Manuel [U], Mary Tashjian[U], Carol Sampson [U],Amy Rubin[D],Joyce Defandorf[U],John Defandorf[U]. Precinct 6: Warden: Dorothy Boggia[R];Clerk:Ann Webster[U]; Charles Price[U], Susan Solomon (R], Sheldon Spector [U], Margaret Freeman [U], Charles Freeman [R�, Chet Webster (U], Joann Gschwendtner[U], E.Ashley Rooney[D], D. Peter Lund [R]. ' Precinct 7: Warden:Alice M. Pierce[D]; Clerk: Margaret Bradley[D]; Inspectors: Mabel Amar[D], Charlotte Ford (D], Isabelle Bennett [R], Pamela Marshall [D], Barbara Daley [D], Linda Dixon [U], Judith Kelley[U], Doris_Barg [U]. Precinct 8: Warden: Leo Chudigian [U]; Clerk:Judith Chudigian [U]; Inspectors: Ann Diamond [U], Elinor Bettencourt [R], Barbara L. Perrotta [D], Salvatore Casella [D], Anthony Montagna [U], Anne 0'Neill [U], Carol Flynn[U],Elaine Smith[U]. , �--� Precinct 9: Warden: Shirley Ament-Bergey [D]; Clerk: Renee Reynolds [D]: Kathleen Bums [U], Dorothy Bolduc [U], .Carole Scalise [R], Angela Marcucci [U], Edgar Knudson [D], Ann Canter [D], Janet Lowther[R], Mary Connor[D], Francine Stieglitz[D],Anne Frymer[U]. The election officers were swom to the faithful performance of their duties. The polls were declared open in each precinct at seven o'clock A.M. and remained open until eight o'clock P.M., at which time, after due notice,the polls were declared closed. The total number of registered voters in each precinct eligible to vote as of August 25,2010 is as follows: Registered Voters Precinct Registered Democrat Libertarian Republican Unenrolled Other Voters 1 2122 812 8 216 1084 2 2 2437 1055 3 , 206 1164 9 3 2503 1015 6 262 1216 4 4 2401 1041 5 213 1139 3 5 2373 924 1 281 1165 2 6 2447 . 987 3 317 1137 3 7 2430 977 5 , 234 1211 3 g 2322 891 7 247 1170 7 9 2260 787 3 239 1228 3 Totals 21295 8489 41 2215 10514 36 Recap sheets were delivered to the Town Clerk at the Town Office Building. . 15% of the registered voters cast their vote. The Town Clerk canvassed the results: � , � PRECINCT SUMMARY Pct Pct Pct Pct Pct Pct Pct Pct Pct 1 2 3 4 5 6 7 8 9 TOTAL ' Total Re istered Voters 2122 2437 2503 2401 2373 2447 2430 2322 2260 21295 TotalVotes 288 395 440 346 339 383 367 351 323 3232 Democrat 207 314 332 266 248 275 281 256 207 2386 Re ublican 81 79 107 80 91 108 86 95 116 843 Libertarian 0 2 1 0 0 0 0 0 0 3 Total Votes/Re istered Voters 14% 16% 18% 14% 14% 16% 15% 15% 14% 15% __ ____ _____ _._---_ ___ � __ __ __--_ _ _ __ _ . _ _ _ _ _ __ __ __ ____ �______,______-- .__ . -�.� . SepTember 14, 2010 State Primary, cont. `' ABSENTEE BALLOTS - Pct Pct Pct Pct Pct Pct Pct Pct Pct � 1 2 '3 4 5 6 7 8 9 TOTAL Ballots Processed 51 18 59 23 20 23 24 23 13 254 Ballots Returned&Counted 31 14 40 15 13 17 15 19 8 172. S eciall Qualified Processed 2 0 2 0 0 2 0 0 0 6 Specially Qualified Returned& , Counted 1 - 0 1 0 0 1 0 0 0 3 Ballots Rejected/Late/Not _ returned 17 4 16 8 : 7 3 9 4 5 73 � DEMOCRATIC PARTY ' Pct Pct Pct Pct Pct Pct Pct Pct Pct -- 1 2 3 4 5 6 7 8 9 TOT,AL Total Registered Voters 2122 2437 2503 2401 2373 2447 2430 2322 2260 21295 . Total Votes 207 314 332 266 248 275 281 256 207 2386 Percent(VotesNoters) 10% 13% 13% 11% 10% 11% 12% 11% 9% 11°/a Total Registered Democrat 812 1055 1015 1041 924 987 977 891 787 8489 Percent(Votes/Party) 25% 30% 33% 26% 27% 28% 29% 29% 26°/a 28% Pct Pct Pct Pct Pct Pct Pct Pct Pct 1 2 3 4 5 6 7 8 9 TOTAL GOVERNOR DEVAL L.PATRIGK 174 267 307 227 . 217 232 243 220 181 2068 Tim Cahill 1 2 1 2 0 0 3 0 4 13 ALL OTHERS 2 11 1 0 2 2 4 2 0 24 BLANKS 30 34 23 37 29 41 31 34 22 281 � LIEUTENANT GOVERNOR TIMOTHY P.MURRAY 170 251 295 . 218 203 215 232 217 177 1978 ALL:OTHERS 2 5 1 0 0 2 4 1 1 16 BLANKS 35 58 36 48 45 58 45 38 29 392 ATTORNEY GENERAL MARTHA COAKLEY 168 246 289 203 205 222 230 215 166 1944 ALL OTHERS 4 5 0 1 2 1 2 2 3 20 BLANKS 35 63 43 62 41 52 49 39 38 422 SECRETARY OF STATE �� WILLIAM FRANCIS GALVIN 167 244 276 198 194 208 222 205 167 1881 ALL OTHERS 3 4 1 1 0 1 0 1 0 11 BLANKS 37 66 55 67 54 66 59 50 40 494 � � TREASURER STEVEN GROSSMAN 149 248 274 209 188 236 226 217 162 1909 ' STERHEN J.MURPHY 39 39 35 35 42 21 35 29 34 309 ALL OTHERS 0 0 0 ' 0 0 0 0 0 0 0 BLANKS 19 27 23 22. 18 18 20 10 11 168 AUDITOR � � SUZANNE M.BUMP 129 207 230 194 163 196 197 190 151 1657 GUY WILLIAM GLODIS 33 26 26 � 21 30 24 34 25 21 240 MIKE LAKE 20 47 44 25 30 22 30 25 27 270 ALL OTHERS 0 0 1 1 0 , 1 1 0 0 4 BLANKS 25 34 31 25 25 32 19 16 8 215 REPRESENTATIVE IN CONGRESS-SEVENTH DISTRICT �' . EDWARD J.MARKEY 174 265 295 225 212 231 243 222 182 2049 �- � ALL OTHERS � 5 6 2 0 1 0 2 1 1 18 BLANKS 28 43 35 41 35 44 36 33 24 319 COUNCILLOR-SIXTH DISTRICT-PCTS 1,2,4,5-7 SUZANNE R.ENGLISH- MERULLO � 93 141 124 110 120 118 706 TERRENCE W. KENNEDY 46 61 45 55 59 71 337 ALL OTHERS 0 1 0 0 1 � 3 , BLANKS 68 111 � 97 83 95 545 11� September 14, 2010 State Primary cont. Pct Pct Pct Pct Pct Pct Pct Pct Pct 1 2 3 4 5 6 7 8 9 TOTAL COUNCILLOR-THIRD DISTRICT-PCTS 3,8,9 MARILYN M.PETITTO DEVANEY 135 , , ii 110 90 335 COREY A.BELANGER •76 48 42 166 ALL OTHERS 1 1 0 2 BLANKS 120 97 75 292 SENATOR IN GENERAL COURT-FOURTH MIDDLESEX DISTRICT-PCTS 1,2,4,5-7 ' KENNETH J. DONNELLY 152 217 179 184 194 196 1119 ALL OTHERS 2 7 1 0 1 2 13 , ; � � BLANKS 53 � 90 <„, = 86 64 83 83 ; �;..� 459 � � SENATOR IN GENERAL COURT-THIRD MIDDLESEX DISTRICT-PCTS 3,8,9 SUSAN C.FARGO 283 216 169 _ 668 ' ALL OTHERS 0 2 0 2 BLANKS , „ 49 „ . . 38 38 125 REPRESENTATIVE IN GENERAL COURT-NINTH MIDDLESEX DISTRICT-PCTS 2,3,4 THOMAS M.STANLEY : 217 262 196 675 ALL OTHERS 6 1 0 7 BLANKS ; 91 69 70 ' ,; ,. ; .. ; ; 230 REPRESENTATNE IN GENERAL COURT-FIFTEENTH MIDDLESEX DISTRICT-PCTS 1,5-7,8,9 JAY R.KAUFMAN 177 , � `' 217 239 249 231 178 1291 ALL OTHERS 3 0 0 2 2 1 8 � BLANKS 27 31 36 30 23 28 175 ' DISTRICT ATTORNEY-NORTHERN DISTRICT � GERARD T.LEONE,JR. 149 207 239 173 171 175 187 171 159 1631 ALL OTHERS � 1 2 1 1 1 1 0 1 0 8 BLANKS 57 105 92 92 76 99 94 84 48 747 SHERIFF-MIDDLESEX COUNTY � f JAMES V.DIPAOLA 145 190 225 163 164 162 172 169 144 1534 ALL OTHERS 2 1 0 1 1 1 0 1 0 7 BLANKS 60 123 107 102 83 112 109 86 63 845 REPUBLICAN PARTY Pct Pct Pct Pct Pct Pct Pct Pct Pct � 2 3 4 5 6 7 g 9 TOTAL Total Registered Voters 2122 2437 2503 2401 2373 2447 2430 2322 2260 21295 Total Votes 81 79 107 80 91 108 86 95 116 843 Peccent(Votes!Voters) 4% 3% 4% 3% 4% 4% 4% 4% 5% 4% Total Registered � Republican 216 206 262 213 281 317 234 247 239 2215 � Percent(Votes/Party) 38% 38% 41% 38% 32% 34% 37% 38% 49% 38% � Pct Pct Pct Pct Pct Pct Pct Pct Pct ` 1 2 3 4 5 6 7 � 8 9 TOTAL z GOVERNOR CHARLES D.BAKER 71 65 95 66 82 100 77 81 93 730 Scott Lively 1 5 0 2 2 0 4 1 1 16 Tim Cahil! 0 1 2 2 0 0 0 0 1 6 - ALL OTHERS 1 0 3 0 0 2 0 1 1 8 � , BLANKS 8 8 7 10 7 6 5 12 20 83 LIEUTENANT GOVERNOR RICHARD R.TISEI 62 62 85 61 76 91 66 75 87 665 KeifhDavis 1 5 0 2 2 0 3 1 4 18 ALL OTHERS 1 0 1 0 0 2 0 0 0 4 BLANKS 17 12 21 17 13 15 17 19 25 156 ATTORNEY GENERAL Guy Carbone 9 6 5 2 2 8 4 5 9 50 James P.McKenna 11 15 12 11 8 29 6 7 14 113 ALL OTHERS 3 0 6 1 1 1 0 5 0 17 BLANKS 58 58 84 66 80 70 76 78 93 663 _____ __ _ -- -__ _ ____------ i ___ --- ___ _ ___ _ . _ ._- __ -- -_ -__ __ -1,1�1 September 14, 2010 State Primary, cont. Pct Pct Pct Pct Pct Pct Pct 'Pct Pct 1 2 3 4 5 6 7 8 9 TOTAL SECRETARY OF STATE WILLIAM C. CAMPBELL 56 57 83 66 71 90 57 71 90 641 ALL OTHERS 1 0 1 1 0 0 0 1 0 4 BLANKS 24 22 23 13 20 18 29 23 26 198 TREASURER KARYN E.POLITO 60 58 � 81 64 67 92: 63 73 89 647 ALL OTHERS 1 0 2 0 2 0 0 0 2 7 � BLANKS 20 21 24 16 22 16 23 22 25 189 �__ AUDITOR MARY Z. CONNAUGHTON 49 65 77 65 61 92 66 67 84 626 KAMAL JAIN 19 9 14 4 17 7 11 47 15 113 ALL OTHERS 0 1 1 0 0 0 0 0 1 3 - BLANKS 13 4 15 11 13 9 9 11 16 101 REPRESENTATIVE IN CONGRESS-SEVENTH DISTRICT GERRY DEMBROWSKI 53 39 59 39 53 71 44 41 61 460 THOMAS P.TIERNEY. 20 35 32 33 29 31 31 41 39 291 ALL OTHERS 0 0 0 0 0 0 0 0 0 0 BLANKS 8 5 16 8 9 6 11 13 16 92 COUNCILLOR--SIXTH DISTRICT-PCTS 1,2,4,5-7 PAUL'A.CARUCCIO , 53 50 � 58 63 76 50 350 ALL OTHERS 0 0 0 0 0 0 0 : BLANKS 28 29 , ,; ; 22 28 32 36 ; 175 COUNCILLOR--THIRD DISTRICT-PCTS 3,8,9 ALC OTHERS 5 2 1 8 BLANKS � 102 � '. . ,. ..... ,.,3 ::, . ,...�;: " 93 115 310 SENATOR IN GENERAL COURT-FOURTH MIDDLESEX DISTRICT-PCTS 1,2,4,5-7 � ALL OTHERS 1 1 �: 11 1 3 1 18 � BLANKS 80 78 . . ': 69 90 105 85 ' :.... : 507 SENATOR IN GENERAL COURT-THIRD MIDDLESEX DISTRICT-PCTS 3,8,9 ERIC RICHARD ; � DAHLBERG ; �� r� ; 48 , 33 27� 108 SANDRA B.MARTINEZ 49 56 78 183 ALL OTHERS 0 �. 0 1 1 BLANKS ' ; 10 ; _ .., , . ;. ' 6 10 26 REPRESENTATIVE IN GENERAL COURT-NINTH MIDDLESEX DISTRICT-PCTS 2,3,4 ; ; ALL OTHERS 2 6 6 14 BLANKS � 77 101 74 . , . . , ..;: �, . '; 252 ' REPRESENTATIVE IN GENERAL COURT FIFTEENTH MIDDLESEX DISTRICT-PCTS 1,5-7,8,9 ALL OTHERS 2 � ; � -0 3 3 3 10 21 BLANKS 79 ix : ; 91 105 83 92 106 556 DISTRICT ATTORNEY-NORTHERN DISTRICT ALL OTHERS 2 1 6 6 0 3 3 2 1 24 BLANKS 79 78 101 74 91 105 83 93 115 � 819 ' SHERIFF-MIDDLESEX COUNTY . ALL OTHERS 1 2 4 1 1 4 2 2 2 19 BLANKS � 80 77 103 79 90 104 84 93 114 824 ` LIBERTARIAN PARTY Pct Pct Pct Pct. Pct Pct Pct Pct Pct 1 2 3 4 5 6 7 8 9 TOTAL Total Registered Voters 2122 2437 2503 2401 2373 2447 2430 2322 2260 21295 Total Votes 0 2 1 0 0 0 0 0 0 3 Percent(Votes/Voters) 0% 0% 0% 0% 0% . 0% 0% 0% 0% 0% Total Registered , Libertarian 8 3 6 5 1 3 5 7 3 41 � Percent(Votes/Party) 0% 67% 17%0 0% 0% 0% 0% 0% 0% 7% ��~2 . September 14, 2010 State Primary, cont. Pct Pct Pct Pct Pct Pct Pct Pct Pct � 1 2 3 4 5 6 7 8 9 TOTAL GOVERNOR ' ALL OTHERS 0 1 1 0 0 0 0 0 0 2 � BLANKS 0 1 0 0 0 0 0 0 0 1 iIEUTENANT GOVERNOR ALL OTHERS 0 1 0 0 0 0 0 0 0 1 BLANKS 0 1 1 0 0 0 0 0 0 2 � ATTORNEY GENERAL ,_,� ALL OTHERS 0 1 0 0 0 0 0 0 0 1 BLANKS 0 1 1 0 0 0 0 ' 0 0 2 SECRETARY OF STATE � ALL OTHERS 0 1 0 0 0 0 0 0 0 1 BLANKS 0 1 1 0 0 0 0 0 0 2 TREASURER ALL OTHERS 0 1 0 0 0 0 0 0 0 1 BLANKS 0 1 1 0 0 0 0 0 0 2 AUDITOR � ALL OTHERS 0 1 0 0 0 0 0 0 0 1 BLANKS 0 1 1 0 0 0 0 0 0 2 REPRESENTATIVE IN CONGRESS-SEVENTH DISTRICT ALL OTHERS 0 1 0 0 0 0 0 0 0 1 BLANKS 0 � 1 1 0 0 0 0 0 0 2 COUNCILLOR--SIXTH DISTRICT-PCTS 1,2,4,5-7 � . ALL OTHERS 0 1 ;� 0 0 0 0 1 : , BLANKS 0 1 � 0 0 0 0 _ _ 1 COUNCILLOR--THIRD DISTRICT-PCTS � � 3,8,9 � ALL OTHERS 0 ;: 0 0 0 BLANKS ' _, ;: ...... � : °:..... . i ;; � � � -: SENATOR IN GENERAL COURT-FOURTH MIDDLESEX DISTRICT-PCTS 1,2,4,5-7 ALL OTHERS 0 1 ;: 0 0 0 0 1 BLANKS 0 1 �;.... 0 0 0 0 _ 1 SENATOR IN GENERAL COURT-THIRD MIDDLESEX DISTRICT-PCTS 3,8,9 _ ALL OTHERS 1 � 0 0 1 , � � � � BtANKS .... .....� � � .�I .... �'. ... ... :��.. . . ,.-� � � � � � � � RERRESENTATIVE IN GENERAL COURT-NINTH MIDDLESEX DISTRICT-PCTS 2,3,4 ALL OTHERS 1 0 0 � , BLANKS ,:; . .. .: 1 1 0 �; __.._.._._... _ . 2 REPRESENTATIVE IN GENERAL COURT-FIFTEENTH MIDDLESEX DISTRICT-PCTS 1,5-7,8,9 ALL OTHERS 0 ' 3 0 0 0 0 0 0 BLANKS 0 , . 0 0 0 0 0 0 DISTRICT ATTORNEY-NORTHERN DISTRICT � ALL OTHERS 0 1 0 0 0 0 0 0 0 1 BLANKS 0 . 1 1 0 0 0 0 0 0 , 2 SHERIFF-MIDDLESEX COUNTY ALL OTHERS 0 1 0 0 0 0 0 0 0 1 BLANKS , 0 1 1 0 0 0 0 0 0 2 ` A true copy. Attest: ��-- � Donna M. Hooper,Town Clerk ----____ _ __ __ _ _ _ --- -__ . _-- - - --- — - __--- ---_ ------— _— _ __ _ - �____ -- Il� � (Warrant for State Election—See WARRANT FILE) � STATE ELECTION-TUESDAY, NOVEMBER 2,2010 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Tuesday, November 2, 2010 at 7:00 a.m. The following places were designated as the voting places for the various precincts: Precinct One, Cary Memorial Hall; Precinct Two, Bowman School; Precinct Three, Clarke Middle School; Precinct Four, Bridge School; Precinct Five, Cary Memorial Hall; Precinct Six, Diamond Middle School; Frecinct Seven, Estabrook School, Precinct Eight, Samuel Hadley Public Services Building; Precinct Nine, Hastings School. . j The election officers and Wardens of the various precincts were assigned for duty as follows: -- Precinct 1: Warden: Richard Pemberton [U]; Clerk: Barry Sampson [U], Eileen G. McAlduff[D], Margaret Kelly[U], Jeannette Cerulli [D], Richard Spillane[U], Edwina Spillaine [U], Doris Pemberton [U], William J. Barrett[R], Samuel Berman[Dj,Carol Sampson[U]. � Precinct 2: Warden: Richard Eaton [U]; Clerk: Susanne Hays [U]; Inspectors: Marita Hartshorn [D], Robert Hartshorn[D],Dorothy Bond[U],Arline Burns[U],Carolyn Crowell[U],Nona Dreyer[D],Winston Flynn[U[,.Cla'ire Martin [D],Katherine 0'Sullivan[U]. Precinct 3: Warden:Shirley R. Frawley[D];Clerk: Faith Fenske[U], Inspectors:Maarib Bazzaz[DJ, Anthony G. Sacco[U], Laura Welby[U], MaryAnn McKenna[D], Elizabeth McLaughlin [D], William Frawley[D],Ann Canter[D], Rita Casey[D],Charles Freeman[R],Raya Gildor[U],Stacey Hamilton[D],Virginia Weinberger[D],Ephraim Weiss[D]. Precinct 4: Warden: Renee Reynolds[D]; Clerk: Evangeline Puopolo[U],Arthur Katz[D]; Inspectors: Dana Regillo [R], Mary Devoe [U], Eleanor Smith [U], Beverly F.Aker[U], Gloria Curran [U], Gloria Holland [U], Dan Krupka [D],Francine Stieglitz[D],Elizabeth Sullivan[D],Ruth Thomas[D]. Precinct 5: Warden: Marie Hill[U]; Clerk:Josephine Bailey[U]; Inspectors: Donna M. Keane[U], Raymond Massey[D], Mary Tashjian [U], Linda Cohen [U], Margaret Freeman[U], Chris6ne Hill[D]. Barbara Manuel [U],Joaquim Manuel(U],Amy Rubin[D],Susan Solomon[U]. . Precinct 6: Warden: Dorothy Boggia [R]; Clerk: Ann Webster [U]; Inspectors: Charles Price [U], Sandra Gasbarro [U], Sheldon Spector [U], Joann Gschwendtner [U], D. Peter Lund [R]; Arlene Ellen McGrath (U], Gerald McGrath[U],Sandra Natale[U],Edward Natale,Sr.[U],E.Ashley Rooney(D],Chet Webster[U]. Precinct 7: Warden:Alice M.Pierce[D];Clerk:Margaret Bradley[D]; Inspectors: Isabelle Bennett[R], Mabel Amar[D],Mary Burnell(U],Ann Anderson[D],Mary Ayvazian[D], Doris Barg[U],L.Susan Conway[U], Linda Dixon[Uj, Carol Flynn[U],Sonya Hagopian[U],Pamela Marshall[D[,Lorraine Setterlund[DJ. � Precinct 8: Warden: Leo Chudigian [U]; Clerk: Judith Chudigian [U]; Inspectors: Ann Diamond [U], Elinor Bettencourt [R], Barbara L. Perrotta [D], Salvatore Casella [D], Anthony Montagna [U], Anne 0'Neill [U], Francine Edwards[D],Julie Miller[U]. Precinct 9: Warden: Shirley Ament-Bergey[D]; Clerk: Kathleen burns[U]; Inspectors: Judith Schuler[UJ, Clark Schuler[U], Dorothy Bolduc[U],Carole Scalise[R],Angela Marcucci[U], Harry Farrington[U],Edgar Knudson[D], -� Joel Adler[U]. The election officers were sworn to the faithful performance of their duties. The polls were declared open in each precinct at seven o'clock A.M. and remained open until eight o'clock P.M., at which time, after due notice,the polls were declared closed. � The total number of registered voters in each precinct eligible to vote as of October 13, 2010: . Registered Voters Precinct Registered Democrat Libertarian Republic�n Unenrolled Other Voters 1 2,151 825 8 213 1103 2 2 2,457 1070 2 204 1172 9 . . 3 2,543 1036 6 275 1222 4 4 2,445 1058 5 220 1159 3 5 2,398 931 1 285 1179 2 6 2,467 988 3 320 1153 3 7 2,436 974 5 231 1223 3 8 2,343 898 7 248 1183 � 7 9 2,278 791 4 249 1231 � 3 Totals 21,518 8,571 41 2,245 10625 36 ABSENTEE 8�PROVISIONAL BALLOTS ' Pct Pct Pct Pct Pct Pct Pct Pct Pct _ 1 2 3 4 5 6 7 8 9 TOTAL Ballots Processed 135 129 204 153 141 165 124 110 101 1262 Of which Voted In-Person 36 55 53 63 46 53 61 41 43 451 Ballots Returned&Counted 116 116 191 139 121 146 112 95 96 1132 Ballots Rejected/Late/Not retumed 19 13 13 14 20 19 12 15 5 130 Specially Qualified Ballots Processed 34 Specially Qualified Ballots Retumed&Counted 20 Provisional Ballots Processed 2 0 8 2 0 0 2 2 0 16 . Provisional Ballots Cast 0 0 2 2 0 0 1 0 0 5 i�� November 2, 2010 Sfate Elecfion, Cont.... '�-� Recap sheets were delivered to the Town Clerk at the Town Office Building; 67% of the registered voters cast their vote. The Town Clerk canvassed the results: Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL � Total Re istered Voters 2151 2457 2543 2445 2398 2467 2436 2343 2278 21518 ' 9 TotalVotes 1363 1742 1638 1712 1570 1717 1677 1561 1523 14503 � Percent(Total Votes/Total Voters) 63°/a 71% 64% 70% 65% 70% 69% 67% 67% 67%a Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL GOVERNOR � PATRICK and MURRAY (D) 822 1209 1120 1151 969 1062 1110 986 901 9330 , BAKER and TISEI (R) 455 431 456 502 532 598 507 489 559 4529 CAHILL and LOSCOCCO(I) 58 49 35 30 46 32 36 50 47 383 STEIN and PURCELL (G-R) 22 36 21 24 16 18 19 19 8 183 ALL OTHERS 0 2 0 1 1 0 1 0 0 5 BLANKS 6 15 6 4 6 7 4 17 8 73 ' ATTORNEY GENERAL MARTHA COAKLEY �D) 946 �346 1219 1261 1074 1'!98 1218 1131 1023 10416 , JAMES P.MCKENNA(R) 388 353 391 415 463 477 425 390 467 3769 ALL OTHERS 1 0 0 1 3 0 0 0 1 6 BLANKS 28 43 28 35 30 42 34 40 32 312 SECRETARY OF STATE WILLIAM FRANCIS GALVIN (D) 941 1318 1190 1234 1072 1172 1188 1096 1004 10215 WILLIAM C.CAMPBELL(R) 348 311 353 379 401 449 387 358 426 3412 JAMES D.HENDERSON(U) 17 22 29 26 29 �'25 23 18 30 219. ALL OTHERS 0 0 0 0 A 0 0 � 0 0 0 ' BLANKS 57 91 66 73 68 71 79 89 63 657 TREASURER STEVEN GROSSMAN(D) 848 1247 1123 1175 985 1104 1143 1002 930 9557 , KARYN E.POLITO(R) 459 394 438 463 521 544 465 475 529 4288 ' ALL OTHERS 0- 1 0 1 0 0 0 0 1 3 ', BLANKS 56 100 77 73 64 69 69 84 63 655 AUDITOR SUZANNE M.BUMP(D) 658 946 872 874 757 847 861 810 690 7315 MARY Z.CONNAUGHTON(R) 524 509 552 594 593 654 596 539 636 5197 NATHANAEL ALEXANDER FORTUNE(G-R) 73 102 80 88 80 76 87 67 73 726 ' ALL OTHERS 1 1 0 1 0 0 0 1 2 6 BLANKS 107 ?84 '�34 155 140 140 133 144 122 1259 REPRESENTATIVE IN CONGRESS-SEVENTH DISTRICT EDWARD J.MARKEY (D) 907 1390 1188 1239 1070 1180 1187 1086 998 10165 ' GERRY DEMBROWSKI(R) 416 373 410 429 463 497 438 423 485 3934 ALL OTHERS 1 1 0 2 3 0 0 0 0 7 BLANKS 39 58 40 42 34 � 40 52 52 40 397 COUNCILLOR-SIXTH DISTRICT-Pcts 1,2,4,5-7 PAUL A.CARUCCIO(R) 388 367 y� �� ; 447 460 510 445 �� '"� 2617 , TERRENCE W,KENNEDY(D) 685 973 �� : 873 760 852 864 ��.�,��'��. �` {� 5007 SCOTT C.CRABTREE(I) 57 70 ��,�� 67 75 48 67 ��° ' � y 384 , ANDREW W.MOSTONE(U) 46 40 ��,c�3�� 50 45 43 32 fi ��,�� ' 256 � ��; ��- � �� ALL OTHERS 3 0 ,�� 0 0 0 0 � 3.��, ��s�� 3 BLANKS 184 292 ��:�� 275 230 264 269 ��M��?�._;��.�� 1514 COUNCILLOR-THIRD DISTRICT Pcts 3,8,9 MARILYN M.PETITTO DEVANEY ��' �.� � '�- �� `� _�'" r�� '��„�« ��, � �� "�� ,��`�� (D) �� ,� ; 970 ,��n,� '�� ,�„�; 875 786 2631 , >� -�'� �.� ; �- � 4 �..��„�� -��'� NICHOLAS A.iANNUZZI(I} �'.��" ��'�� 435 � �£ ; r .�� -� 403 470 1308 . ��K � �� `� ��,�� -�� a�',� �y , 2 2 5 � BLANKSERS �'�� 232 � ��,��`x�� `��.�.,� 281 265 778 SENATOR IN GENRAL COURT-FOURTH MIDDLESEX DISTRICT- Pcts 1,2,4,5-7 KENNETH J,DONNELLY(D) 933 1208 ;�3�� 1184 1025 1163 1175 �,� ��: 6688 ALL OTHERS 10 6 �p� �'s 12 9 7 20 �T� g�m�t�-�' �.� 64 BLANKS 420 528 =�'�u'�'.�� 516 536 547 482 ��,�,�;��p„�` 3029 _ ________ __-------- _.__ ---- - � _ _-- I�� . � �� November 2, 2010 State Elecfion, Conf.... � Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL SENATOR IN GENRAL COURT-THIRD MIDDLESEX DISTRICT-Pcts 3,8,9 �� SUSAN C.FARGO(D) ��z� �� ? 1121 �`�3� �� .�� f��k�F� ��,� ' 1023 925 3069 SANDRA B.MARTINEZ(R) ��-� ��u�� ,��.�� 3 � ��_ ° 432 � �� : 444 511 1387 ALL OTHERS �� r.��,�� 1 � ,�� j�� 0 1 2 � BLANKS :' �� 84 ' �'�� P�'�� "�� 94 86 264 r � � �� . , y.0 :xL�.,:e-,..: ,.�t.,..f.��.., �;.�d�.�',xas��k a.a�k..R.'��llx'.'a� ,_, ...,.. REPRESENTATIVE IN GENERAL COURT-NINTH MIDDLESEX DISTRICT-Pcts 2,3,4 THOMAS M.:STANLEY (D) `� � �� h � �' '�� 1186 1199 1177 �.,�� .&� � 3562 ALL OTHERS ��'�� 7 g �p �z5� � . �� g ��`� �� ` 25 .s.�. v4^� ,� t--'y��e v,�,`� �"� �� x � � m`Q-,h�&.�, ��'z �� . BLANKS .v��°._--,. 549 431 525 �'.,�,,�� Y.xw��.��,�`��. ��.;�.��_"....� 1505 REPRESENTATIVE IN GENERAL COURT-FIFTEENTH MIDDLESEX DISTRICT-Pcts 1,5-7,8,9 JAY R.KAUFMAN (D) 979 �F��,�� 1118 , 1295 1295 1201 1118 7006 ALLOTHERS 8 � `�� '� �� .� 8 7 5 23 8 59 � �e � . +r�z, �, 4� X `s� �� _��: BLANKS 376 " ��,s�_.�,,�, ;�� ,��:�; 444 415 377 337 397 2346 DISTRICT ATTORNEY-NORTHERN DISTRICT GERARD T.LEONE,JR (D) 914 1187 1149 1161 1038 1153 1162 1053 994 9811 ALL OTHERS 3 6 5 6 7 7 4 7 .6 51 BLANKS 446 549 484 545 525 557 511 501 523 4641 SHERIFF-MIDDLESEX COUNTY JAMES V. DIPAOLA(D) 853 1158 1070 1095 980 1043 1067 992 899 9157 MICHAEL S.TRANCHITA,SR.(U) 236 222 265 238 243 290 248 270 309 2321 ALL OTHERS 2 0 1 1 1 3 0 0 2 10 BLANKS 272 362 302 378 346 381 362 299 313 3015 QUESTION#1 -Remove sales tax on alcoholic beverages and alcohol YES 519 472 491 498 551 527 558 492 556 4664 � NO 805 1233 1111 1175 988 1157 1079 1033 933 9514 BLANKS 39 � 37 36 39 31 33 40 36 34 325 QUESTION#2-Repeal state law allowing the issuance of a single comprehensive permit � YES 456 450 428 459 513 497 506 453 483 4245 NO 819 1173 1106 1140 964 1117 1071 1019 943 9352 BLANKS 88 119 104 113 93 103 100 89 97 906 QUESTION#3-Reduce the state sales tax rates YES 483 400 476 448 483 463 468 468 524 4213 NO 855 1318 1131 1236 1057 1231 1181 1070 968 10047 BLANKS 25 24 31 28 30 ".= 23 28 23 31 243 A true copy. . Attest: �� , , Donna M. Hooper, Town C er� �� , �� _ 2010 Special Town Meeting November 15,2010 ' (See Warrant File for Warrant) ' The November 15, 2010 Special Town Meeting was called to order by Moderator Deborah J. , Brown at 7:30 p.m., Monday,November 15, 2010, Cary Memorial Hall; a quorum of 166 present. � Town Clerk Donna M. Hooper read the Warrant for the Meeting until waived. The Town Clerk � read the Constable's Return of the Warrant. The Moderator, outlined procedural matters. 7:40 p.m. The Moderator called for a recess for representatives from the Town Meeting � ' Members Association to explain voluntary vote recording of this meeting. 7:42 p.m. The Moderator declared the meeting open under Article 1 for the meeting's duration. ARTICLE 1:_ REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES � ' 7:42 p.m. Selectman Chairman Hank Manz moved the report of the Town Manager be received and placed on file. Unanimously Adopted. Town Manager Carl Valente reported. 7:56 p.m. School Coxnxnittee Chairman Rodney Cole moved the report of the School , Committee be received and placed on file. Unanimously Adopted. Mr. Cole reported on the ' Estabrook School PCB matter. , 8:12 p.m. Appropriation Committee Chaiiman Glenn Parker moved the report of the �Appropriation Committee be received and placed on file. Unanimously Adopted. Mr. Parker reported comments would be made at a later time. 8:13 p.m. Capital Expenditures Committee Chaitman Charles Lamb moved the report of the Capital Expenditures Committee be received and placed on file. Unanimously Adopted. Mr. Lamb reported comments would be made at a later time. 8:14 p.m. Presented by Selectman Hank Manz. ARTICLE 2: AMEND FY2011 OPERATING AND ENTERPRISE FUND BUDGETS MOTION: � a) That the following amounts be appropriated to the following line items for the current � fiscal year's budget as approved under Article 4 of the 2010 Ar�nual Town Meeting and ' ' that said amounts be transferred from the following sources: , Line Item Descri tion From To Lexin �on Public Schools Personal Services $ 57,548,883 $ 58,026,383 � Lexington Public Schools Expenses $ 11,198,543 $ 11,217,143 ' 1100 $ 68,747,426 $ 69 243 526 ' 2130 Health Insurance $ 25,714,261 $ 25,029,861 2300 Reserve Fund $ 550 000 $ 950 000 2400 Public Facilities $ 8,732,574 $ 9 336 274 3100-3500 Public Works Personal Services $ 3,300,824 $ . 3,330,924 ' 4100 Police Personal Services 5 003 667 5 046 867 4200 � Fire Personal Services 4 622 535 4 664 335 4200 ' Fire Ex enses 493 936 503 936 5100 Libra Personal Ser✓iczs 1 723 497 1 740 197 6100-6200 Human Services Personal Services 321 001 323 701 7100 Communi Develo ment Personal Services 919 372 926 772 7200 Plannin Personal Services 235 320 237 120 7300 Economic Develo ment Personal Services 89 087 89 587 ' 8100 Board of Selectmen Personal Services 81 359 82 059 8200 Town Mana er Personal Services 545 215 548 315 8400 � Finance Personal Services 1 086 867 1 094 867 8500 � Town Clerk Personal Services 302 532 304 832 � 8600 MIS Personal Services $ 212,948 $ 214,448 and, further that the following amounts be appropriated from unexpended balances of the following capital articles: $35,301 from Art. 16d of the 2010 Annual Town Meeting; $14,035 from Art. 16g of the 2010 Annual Town Meeting; $555 from Art. 19f of the 2009 Annual Town Meeting; $29,495 from Art. 19g of the 2009 annual town meeting; $15,035 from Art. 19h of the 2009 annual town meeting; $22,385 from Art. 19m of the 2009 Annual Town Meeting; $22,912 from Art. 4 of the May 6, 2009 Special Town Meeting; $1,112 from Art. 18b of the 2008 Annual Town Meeting; $63,427 from Art. 19a of the 2008 Annual Town Meeting; $1,134 from Art. 19b of the 2008 Annual Town Meeting; $4,927 from Art. 19f of the 2008 Annual Town Meeting; $8,123 from Art. 32a of the 2006 Annual Town Meeting; and, $510 from Art. 32a of the 2005 Annual Town Meeting, and further that$766,249 be raised from the tax levy. _--- _ __ _ __ ___ ,_ T , - 1�1�.7 ,_. November I S, 2010 Special Town Meeting, cont.......... ' - b) That the following amounts be appropriated to the following line items for the current fiscal year's water enterprise fund budget as approved under Article 5(a) of the 2010 Annual Town Meetin and that said amounts be funded from Water Fund recei ts: Line Item Descri tion From To 3600 Salaries $ 645,488 $ 651,680 c) That the following amounts be appropriated to the following line "items for the current fiscal year's wastewater enterprise fund budget as approved under Article 5(b) of the 2010 Annual Town Meeting and that said amou.nts be funded from Wastewater Fund receipts: Line Item Descri tion From To 3700 Salaries $ 276,152 $ 278,868 � 3700 MWRA Assessment $ 6,404,432 $ 6,405,531 d) That the following amounts be appropriated to the following line items for the current fiscal year's recreation enterprise fund budget as approved under Article 5(c) of the 2010 Annual Town Meeting and that said amounts be funded from Recreation Fund receipts: Line Item Descri tion From To � 5200 Salaries $ 631,992 $ 634,492 The Moderator declared parts a,b, c & d would be voted separately. Selectman Hank Manz reported support of the Board of Selectman for Article 2 `a' on a vote of 4 in favor and 1 � opposed. � 8:23 p.m. Alan Levine reported the support of the Appropriation Committee for Article2 �a' on a vote of 7 in favor and 0 opposed, for remediation work at the Estabrook School Joseph Pato,pr.2, commented on health insurance plan changes and support of the Appropriation Committee on a vote of 7 in favor, 0 opposed, and 1 absence, for a11 sections of Article 2. 8:29 p.m. David Kanter reported the unanimous support of Article 2,part `a' and the work for Estabrook School. - 8:31 p.m. School Committee Chairman Rodney Cole reported the unanimous support for (� Article 2,part `a'. ` � 8:31 p.m. Benjamin Cohen,pr.3, questioned retiree health plan coverage,to which Town ` � Manager Carl Valente responded. 8:34 p.m. Selectman Peter Kelley outlined changes he seeks to make to Article 2 `a'. � 8:45 p.m. Selectman Peter Kelley moved the following amendment to Article 2 `a': AMENDMENT: That the figures in the main motion for line items 1100, 2300, and 2400 be chan ed to read as follows Line Item Descri tion From To Lexin ton Public Schools Personal Services $57,548,883 $58,011,383 Lexin ton Public Schools Ex enses 11 198 543 11 198 543 1100 $68,747,426 $69,209,926 2300 Reserve Fund $550,000 $550,000 2400 Public Facilities $8,732,574 $9,013,625 And, that the phrase"and further,that$766,249 be raised from the tax levy" be changed to read "and further that$10,OOO-be raised from the tax levy" 8:45 p.m. School Committee Chairman Rodney Cole and Director of Public Facilities Patrick Goddard responded to questions regarding the PCB situation at Esta.brook School. 8:49 p.m. Selectman Cha,iiman Hank Manz reported opposition by the Board of Selectmen on a vote of 4 opposed and 1 in favor of the Kelley amendment. 8:49 p.m. Appropriation Committee Chaiiman Glenn Parker reported opposition to the Kelley Amendment by a vote of 7 opposed and 0 in favor. 8:50 p.m. David Kanter reported unanimous opposition of the Capital Expenditures Committee to the Kelley Amendment. 8:51 p.m. Rodney Cole reported unanimous opposition of the School Committee to the Kelley Amendment. 8:51 p.m. Members spoke in opposition to the amendment, questioned balances to the reserve fund and past annual expendiiures, questioned siudies of PCB impact on school aged children, and municipal liability. _,., r, ;.,; : . �s8 November.1 S, 2010 Special Town Meeting, cont.......... 8:59 p.m. Members questioned procurement procedures followed in contracting with Esta.brook School PCB remediation contractor and PCB situation at Esta.brook School. 9:08 p.m. Joel Adler,pr.l,moved the question. Motion Adopted. 9:08 p.m. Peter Kelley presented concluding comments in support of Amendment. 9;09 p.m. Following a voice vote the Moderator declared the Amendment Not Adopted. 9:10 p.m. School Committee Cha.irman Rodney Cole responded to questions posed regarding future options for the Esta.brook School. 9:12 p.m. Town Manager Carl Valente responded to questions from the members regarding collective bargaining . 9:16 p.m. School Coxnxnittee Chairman Rodney Cole responded to questions regarding Estabrook School PCB goals. Members commented on potential PCBs in other municipal buildings. Citizens from the audience commented on the PCB situation at Estabrook School and sought the support of Town Meeting. 9:22 p.m. Members questioned the availability of`swing space' to meet possible Estabrook School needs. Public Facilities Director Patrick Goddard explained the `old Harrington' , � conversion for school administration use and potential upgrade needs regardless if the building conversions had not been made. 9:25 p.m. John Hayward,pr.5, called the question. Motion Adopted. 9:25 p.m. The Moderator declared the Motion Adopted under Article 2, part `a'. 9:26 p.m. Selectman Hank Manz presented Article 2,part `b', and reported the unanimous support of the Board of Selectmen. John Bartenstein reported the support(7-0) of the Appropriation Coxnmittee. Moderator declared the Motion Unanimously Adopted. 9:27 p.m. Selectman Hank Manz presented Article 2,part `c',and reported the unanimous support of the Board of Selectmen. John Bartenstein reported the support(7-0) of the Appropriation Committee. Moderator declared the Motion Unanimously Adopted. .--, 9:29 p.m. Selectman Hank Manz presented Article 2,part `d',and reported the unanimous � support of the Board of Selectmen. John Bartenstein reported the support(7-0) of the Appropriation Committee. Moderator declared the Motion Unanimously Adopted. � 9:30 p.m. Glenn Parker,pr.9, served Notice of Reconsideration on Article 2,parts `a', `b', ��, �d, , 9:30 p.m. Presented by Selectman Deborah Mauger. ARTICLE 3: APPROPRIATE TO SPECIALIZED STABILIZATION FUNDS MOTION: That appropriations to the following stabilization funds be made from the sources and in the amounts specified: a) $166,300 be appropriated to the Traffic Mitigation Stabilization Fund, and to meet this appropriation $166,300 be transferred from the Traffic Mitigation. special revenue account, and b) $50,000 be appropriated to the Transportation Demand Management/Public Transportation Stabilization Fund, and to meet this appropriation $50,000 be transferred from the Transportation Demand Management special revenue account. 9:31 p.m. Town Manager Carl Valente reported. Glenn Parker,pr.9,reported the support (7-0) of the Appropriation Committee. David Kanter,pr.7,reported the unanimous support of the Capital Expenditures Committee. 9:32 p.m. Town Manager Carl Valente responded to questions regarding requested appropriation. 9:35 p.m. Following a voice vote,the Moderator declared the Motion Unanimously Adopted,more than the required two-thirds. ____ __-----___-- ---- �__ ____ __ __ ___ _____ __ _ _ _ __ ___----__ _____ -----_------ ___--- ____ � ____ _ 1��1��9 November I5,201 D Special Town Meeting, cont......'.... ' ' 9:36 p.m. Presented by Seleclman Norman Cohen. ARTICLE 4: APPROPRIATE TO THE STABILIZATION FUND � MOTION: That$710,000 be appropriated to the Stabilization Fund for any lawful Purpose in accordance with MGL Chapter40 Section5B and that to meet this appropriation� $710,000 be funded from the tax levy. 9:36 p.m. Selectman Norman Cohen reported the unanimous support of the Board of Selectman. Glenn Parker,pr.9,reported unani.mous support of the Appropriation Committee. David Kanter,� pr.7,reported unanimous support of the Capital Expenditures Committee. 9:37 p.m. Moderator declared Motion Unanimously Adopted, more than the required two-thirds. �' 9:38 p.m. Presented by Wendy Manz,pr.9, Chair, Community Preservation Committee. � - ARTICLE 5: APPROPRIATE SUPPLEMENTAL FUNDS FOR CPA PROJECTS MOTION: a) That in addition fo the $4,197,000 previously appropriated under Article 6 of the 2009. Special Town Meeting held on May 6, 2009, $24,000 be appropriated for unanticipated legal and other costs associated with the acquisition of the Busa property, so called: and, that to meet this appropriation $24,000 be transferred from Undesignated Fund : Balance of the Community Preservation Fund, and b) That in addition to the$3,857,000 previously appropriated under Article 9 of the 2010 Annual Town Meeting, $49,000 be appropriated for unanticipated legal and other costs � associated with the acquisition of the Cotton Farm property, so called; and, that to meet this appropriation $49,000 be transferred from Undesignated Fund Balance of the Community Preservation Fund. 9:38 p.m. Article 5,Part `a': Ms. Manz explained needs for requested funding and reported the unanimous support of the Community Preservation Committee. Selectman George Burnell reported the unanimous support of the Board of Selectmen. Eric Michelson,pr.l,reported the unanimous support of the Appropriation Committee(7-0). David Kanter,pr.7,reported the unanimous support of the Capital Expenditures Committee. � 9:39 p.m. Motion under Article 5,Part `a' declared Unanimously Adopted. i9:40 m. Article 5 Part `b': Ms. Manz ex lained needs for requested funding and � , P � P reported the unanimous support of the Community Preservation Committee. Selectman George Burnell reported the support of the Board of Selectmen on a vote of 4 in favor and 1 opposed. Eric Michelson,pr.l,reported the unanimous support(7-0) of the Appropriation Committee. David Kanter,pr.7,reported the unanimous support of the Capital Expenditures Committee. ��DYt�� -�k Town Manager Carl Valente�lirecent grant approval received for this purchase and responded to questions regarding the use of funds for the land purchase and funding options should this request not be approved. Motion under Article 5,Part `b' declared Adopted. 9:48 p.m. Selectman Hank Manz moved the November 15, 2010 Special Town Meeting be dissolved. Motion Unanimously Adopted. A true copy. � Attest: �.h,,��Ll�( Donna M. Hooper, T wn Clerk Douglas M. Lucente, 8 Great Rock Rd, removed from precinct and registered ' to vote as a resident of precinct 4 effective September 20, 2010. Mr. Lucente's unexpired term as a precinct 2 Town Meeting Member (2012) will appear on the ballot at the March 7, 2011 Annual Town Election. James C. Wood, Jr. , 51 Gleason Rd, resigned as a Town Meeting Member from precinct 7 effective November 23, 2010, Mr. Wood's unexpired term as a precinct 7 Town Meeting Member (2012) will appear on the ballot at the March 7, 20i1 Annual Town Election. Thomas R. Diaz, 74 School St, removed from precinct 9 and registered to vote as a resident of precinct 4 effective December 6, 2010. Mr. Diaz's unexpired term as a precinct 9 Town Meeting Member (2012) will appear on the ballot at the March 7, 2011 Annual Town Election. _�t� WARRANT FOR TOWN ELECTION — (SEE WARRANT FILE) � Town of Lexington - TOWN ELECTION — MARCH 7, 2011 In pursuance of the foregoing warrant, the legal voters of the Town of Lexington met at 7:00 a:m. in their respective voting places in said town, Monday, March 7, 2011. The following places-were designated as the voting places for the various precincts: Precinct One, Cary Memo�ial Building; Precinct Two, Bowman School; Precinct Three, Jonas Clarke Middle School; Precinct Four, Bridge School; Precinct Five, Cary Memorial Building; Precinct Six, William Diamond Middle School; Precinct Seven, Joseph Estabrook School; Precinct Eight, Samuel Hadley Public Services Building; Precinct Nine, Maria Hastings School. The election officers and Wardens were assigned for duty as follows: Precinct 1: Warden: Richard Pemberton [U]; Clerk: Barry Sampson [U]; Inspectors: Edwina Spillane [U], Richard Spillane [U], Doris Pemberton [U], William Barrett [R], Jeanette Cerulli [D], Margaret Kelly[U]. Precinct 2: Warden: Richard Eaton [U]; Clerk: Katherine O'Sullivan [U], Inspectors: Dorothy Bond [U], Winston Flynn [U]; Arline Burns [U], Ann Thatcher Ancierson [D], Rebecca Fagan Gorospe [U], Marita Hartshorn [D], Claire Martin [D], Verna Thayer [U], MaryEllen Turner [D], Robert Hartshorn [D]. Precinct 3: Warden: Faith Fenske [U]; Clerk: Chet Webster[U]; Inspectors: William Frawley [D], Maarib Bazzaz [D], Dorothy Bolduc [U], Ann Canter [D], Anthony Sacco [U], Laura Welby [U], Francine Edwards [D], Elizabeth McLaughlin [U], Sandra Natale (U], Edward Natale, Sr. [U], Robert Warshawer[U].. Precinct 4: Warden: Renee Reynolds [D]; Clerk: Evangeline Puopolo [U]; Inspectors: Dana Regillo [R], Gloria Curran [U], Eleanor Smith [U], John Yanakis [U], Beverly Aker[U], Raya Gildor [U], Adrian Reynolds[D]. Precinct 5: Warden: Marie Hill [U]; Clerk: Josephine Bailey [U]; Inspectors Linda Cohen [U], Raymond Massey [D], Mary Tashjian [U], Lorraine Setterlund [D], Carol Sampson [U], Audrey Deshler[D), Christine Hill (D], Gloria Holland [U]. Precinct 6: Warden: Dorothy Boggia [U]; Clerk: Ann Webster[U]; Inspectors: Elizabeth Sullivan [D], Margaret Freeman [U], Charles Freeman [R], Sheldon Spector [UJ, Samuel Berman [D], Sandra Gasbarro [U], Susan Solomon [U], Leora Tec[D]. .Precinct 7: Warden: Alice Pierce [D]; Co-Clerks: Margaret Bradley [D] & Isabelle Bennett [R]; Inspectors: Mary Ayvazian [D], Mabel Amar [D], Jane Trudeau [D], Nancy Hubert [D], Mary Bumell [U], Linda Dixon [U]: � Precinct 8: Co-Wardens: Judith Chudigian [U] & Barbara Perrotta [U]; Clerk: Amy Rubin [D]; � i Inspectors: Elinor Bettencourt[RJ, Anthony Montagna [U], Salvatore Casella [D], Anne O'Neill [U], Ann Diamond [U], Julie Miller[U]. .� Precinct 9: Warden: Shirley Ament-Bergey [DJ, Clerk: Kathleen Burns [U]; Inspectors: Carole Scalise [U], Judith Schuler [U], Clark Schuler [U], Elizabeth Weiss [U], Joel Adler [U], Dorothy Bolduc[U], Harry Farrington [U], Angela Marcucci [U]. The election officers were sworn to the faithful performance of their duties. The polls were declared open in each precinct at seven o'clock A.M. and remained open until eight o'clock p.m., at which time, after due notice, the polls were cleclared closed. Election results were delivered to the Town Clerk at the Town Office Building. 12% of the registered voters cast their vote. The Town Clerk tallied the results as follows: ABSENTEE BALLOT BREAKDOWN Ballots Not Applications Processed Total Retumed/ Ballots Late/Undeliverable/ Ballots Pct In Person Mail Returned Rejected Counted 1 1 5 6 0 6 2 1 9 10 0 10 3 3 13 14 2 14 4 15 10 21 4 21 - 5 5 6 8 1 rejected 10 6 2 7 6 3 6 � 7 9 9 17 1 17 8 7 7 14 0 14 9 9 8 15 2 15 Totals 52 74 111 13 113 Total of 21,069 re istered voters eli ible to vote as of Februa 15, 2011. Precinct 1 2 3 4 5 6 7 8 9 Total TotalReg. 2106 2416 2466 2393 2354 2438 2381 2286 2229. 21069 Democrat 814 1053 990 1035 908 969 938 882 2229 8365 Republican 214 200 262 216 276 322 225 234 776 2197 Green-Rainbow 1 5 1 1 2 0 3 3 248 17 - Unenrolled 1069 1153 1205 1135 1167 1140 1210 1157 1 10434 AllOthers 2 5 .8 6 1 7 5 10 1198 57 --- _-- _ _ ___ ._ ___ _-- ----- _ ______ __ ___- March 7, Z011 Annual Town Election, cont...... �;��1 TOWNWIDE OFFICES - PCT 1 PCT 2 PCT 3 PCT 4 PCT 5 PCT 6 PCT 7 PCT 8 PCT 9 TOTAL TOTAL VOTERS 2106 2416 2466 2393 2354 2438 �2381 2286 2229 21069 TotalVotes 163 287 254 352 204 345 264 233 357 2459 Percent 8% 12% 10% 15% 9% 14% 11% 10% 16% 12% SELECTMEN(Vote for TWO,for THREE Years) PCT 1 PCT 2 PCT 3 PCT 4 PCT 5 PCT 6 PCT 7 PCT 8 PCT 9 TOTAL � NORMAN P.COHEN 104 215 190 246 145 268 205 181 , 256 1810 HANK MANZ 94 214 184 234 142 250 193 168 248 1727 4.. . AllOthers 4 3 1 5 3 6 3 1 5 31 Blanks 124 142 133 219 118 166 127 116 205 1350 MODERATOR(Vote for ONE;for ONE Year) PCT 1 PCT 2 PCT 3 PCT 4 PCT 5 PCT 6 PCT 7 PCT 8 PCT 9 TOTAL DEBORAH J. BROWN 107 221 187 246 161 259 206 175 246 1808 AllOthers 0 2 0 2 0 1 1 0 3 9 Blanks 56 64 67 104 43 85 57 58 108 642 SCHOOL COMMITTEE(Vote for ONE;for THREE Years) PCT 1 PCT 2 PCT 3 PCT 4 PCT 5 PCT 6 PCT 7 PCT 8 PCT 9 TOTAL BONNIE E.BRODNER 99 206 188 221 140 235 177 158 228 1652 AllOthers 1 1 0 3 0 2 3 0 4 14 Blanks 63 80 66 128 64 108 84 75 125 793 PLANNING BOARD(Vote for TWO;for THREE Years) PCT 1 PCT 2 PCT 3 PCT4 PCT 5 PCT 6 PCT 7 PCT 8 PCT 9 TOTAL CHARLES HORNIG 83 192 164 171 125 210 174 174 161 1454 , MICMELLE CICCOLO 128 224 202 275 156 258 222 185 280 1930 BRUCE J.EMBRY 39 46 60 82 49 80 33 28 62 479 AllOthers 0 1 0 2 0 1 1 0 2 7 Blanks 76 11 82 174 78 141 98 79 209 1048 LEXINGTON HOUSING AUTHORITY(Vote for ONE,for FIVE Years) . PCT 1 PCT 2 PCT 3 PCT 4 PCT 5 PCT 6 PCT 7 PCT 8 PCT 9 TOTAL NICHOLAS SANTOSUOSSO 48 130 83 158 99 144 131 96 163 1052 DANIEL L.MCCABE 78 104 115 123 81 141 75 97 122 936 AllOthers 0 0 0 0 0 0 0 0 0 0 Blanks 37 53 56 71 24 60 58 40 72 471 TOWN MEETING MEMBERS PRECINCT 1 —Seven for Three Years Total Total *NANCY M.ADLER 95 *ALBERT P.ZABIN 91 *JOHN C. BARTENSTEIN 94 *MARC JOSEPH RANDAZZO 92 *COLIN R.HAMILTON 75 Daniel Busa 1 *JOHN F.ROSSI 82 Dennis Busa 1 � *CAROL J.SAMPSON 90 Ed Costello 1 AlI 0thers 0 "elecfed for 3 years Blanks 519 PRECINCT 2— Seve� for Three Years; One for One Year Total Total *S. BIJAN AFSHARTOUS 172 *Andrew McAleer 40 *PAUL H.LAPOINTE 196 *Michael J.Rodgers 35 *BARRY ORENSTEIN 201 *Michael McGuirk 18 *JOSEPH N.PATO 176 **George Zachary Orlov 14 � AlI 0thers 20 'elected for 3 years;**elected for 1 year Blanks 1421 >1��2 March 7, 2011 Annual Town Election, cont...... ^ PRECINCT 3 — Seven for Three Years Total Total "BONNIE E. BRODNER 159 "PATRICK R. MEHR 118 ' *DAN H. FENN,JR. 192 *JUDITH L.PAPPO 170 � *MICHELLE GODDARD 155 NANCY A.BRYANT 111 "STEVEN P.HEINRICH 152 *ARTHUR KATZ 173 Ali Others 0 *elecfed for 3 years; Blanks 548 PRECINCT 4— Seven for Three Years Total Total 'ALESSANDRO A.ALESSANDRINI 171 *THOMAS R.DIAZ 158 *LISA A.BAC:�I 170 LAURA J.HUSSONG 141 *BEVERLY KELLEY 185 DOUGLAS M. LUCENTE 133 ` *PAUL MINIUTTI 171 Michael Cronin 2 � ''VINCENT J.PISEGNA 157 Lisa Boehm 1 "_,,; *RUTH S.THOMAS 156 All Others 0 *elected for 3 years Blanks 1019 � PRECINCT 5- Seven for Three Years Total Total "DAVID E.BURNS 95 *EPHRAIM WEISS 121 *NANCY CORCORAN-RONCHETTI 122 *DAVID G.WILLIAMS 127 *ANTHONY G.GALAITSIS 121 *RICHARD F.MCDONOUGH 126 *LORETTA A. PORTER 98 Judith Leader 2 AlI 0thers 2 *elected for 3 years Blanks 614 PRECINCT 6 — Seven for Three Years Total Total OSMAN BABSON 123 "FRANK SANDY 166 *JONATHAN A.HIMMEL 160 *SUZANNE D.ABAIR 228 *MORTON G.KAHAN 162 CHRISTIAN L. BOUTWELL 95 *DAVID L. KAUFMAN 194 'MARC ANTOINE SAINT LOUIS 161 GERALD A.LACEY 133 All Others 4 *ANN S. REDMON 165 Blanks 824 *elected for 3 years PRECINCT 7 — Seven for Three Years; One for One Year ,�_, Total Total I *JAMES W.COURTEMANCHE 165 *ELIZABETH DEMILLE BARNETT 148 I *THOMAS V.GRIFFITHS 174 �`JAMES E.GOELL 116 �-J "PAM HOFFMAN 164 *BENJAMIN L.MOROZE 123 *DAVID G.KANTER 151 *THOMAS J.WANDERER 144 All Others 3 *elecfed for 3 years;**elected for 1 year Blanks 924 PRECINCT 8 — Seven for Three Years; One for One Year Total Total *ROBERT M.AVALLONE 115 *RICHARD A.MICHELSON 147 *MARGARET BRADLEY 132 �*JAMES A.OSTEN 111 *CHARLES HORNIG 159 *MARY U.HOSMER 127 *STEWART G.KENNEDY 135 "NOAH J.KAUFMAN 149 All Others 4 *elected for 3 years;*"elected for 1 year Blanks 785 PRECINCT 9 — Seven for Three Years; One for One Year Total Total *ALICE J.ADLER 152 "JEANNE P.CANALE 158 '`JANICE A.KENNEDY 153 PHILIP T.JACKSON 136 *WENDY MANZ 172 *MARK P.MAGUIRE 173 "LEO P.MCSWEENEY 174 **WILLIAM J.SWEENEY 138 *LISAH S.RHODES 145 JACK A.MROCZKOWSKI 111 DAMON M.WIRTANEN 88 MARK R.VITUNIC 81 JUSTINE A.WIRTANEN 109 All Others 2 �- *elected for 3 years;**elecfed for 1 year Blanks 1064 , t A true copy. , ?.�� `� Attest: Donna M. Hooper, wn Clerk ____ __ ___ _ --_ _ - -- --._ � _ ___— _ _ _ _ _ _ __ __ __ __ _ _ -- ---__ _____ _ _ 123 MARCH 7,2011 ANNUAL TOWN ELECTION-WRITE-IN CANDIDATE ELECTION With P�cnvcT 2 having 4 fewer candidates for Towtv NIEETnvG than positions to be elected on the March 7, 2011 Atuival Town Election ballot,write-in votes for the following candidates were cast and acceptances for the position of PitEcn�rcT 2 Towr1 MEET�1�1VIEttvtsER from these candidates have been filed with the Town Clerk. Andrew McAleer, 121 Follen Rd [3-years] -term to expire March 2014 Michael J. Rodgers, Jr., 25 Peacock Farm Rd [3-years] -term to expire March 2014 '; Michael McGuirk, 5 Crescent Rd [3-years] -term to expire March 2014 . George Zachary Orlov, 33 Taft Ave [1-year] -term to expire March 2012 � ��4 . 2011 Annual Town Meeting - 1VIarch 21,2011 (See Warrant File for Warrant) The first session of the 2011 Annual Town Meeting was called to order by Moderator Deborah J. Brown at 7:30 p.m., Monday, March 21, 2011, Cary Memorial Hall; a quorum of 173 present. The Lexington Minutemen, accompanied by the William Diamond Fife and Drum Corps; posted the color"s. Marsha Baker,pr:6,provided an historical perspective on the art of debate; Nancy � Corcoran-Ronchetti,pr.5, recognized outgoing Town Meeting Member Association chairperson Marsha Baker for her efforts over the past 2 years. Town Clerk Donna M. Hooper read the Warrant for the Meeting until waived. The Town Clerk read the Constable's Reiurn 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. Dan Fenn,pr.3, extended appreciation to Town Meeting during his recent illness. 7:56 p.m. Selectman Hank Manz moved the Report of the Committee on Cary Lectures be received and placed on file and the Committee discharged. Adopted Committee Chairperson Nancy Shephaxd reported. 8:00 p.m. Presented by Selectman Hank Manz. 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 8:01 p.m. Richard Canale moved the Report of the Planning Boaxd be received and placed on file. Adopted Planning Board Chairman Gregory Zurlo reported. 8:15 p.m. Selectman Hank Manz moved articles 39,40,41,43 and 44 be taken up in that order. Adopted Unanimously 8:16 p.m. Presented by Richard Canale. Richard Canale,pr.9, moved the Report of the Planning Board on Article 39 � be received and placed on file. Adopted � x ARTICLE 39: � AMEND ZONING BY-LAW,TRAFFIC � � 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 non-substantive changes to the numbering of this � ., bylaw be permitted in order that it be in compliance with the numbering ,�° format of the Code of Lexington. �u � �, ,- �� Text of Plannin�Board Report: "-d MOTION: - a�'i °+�' That the Zoning�Bylaw, Chapter 135 of the Code of the Town of Lexington, be amended as o� follows(underlining shows additions, strike-throughs show deletions): +� �� Remove the word"renovation"from §135-71B and reformat it; add the word"or"after - �o subparagraph 2; and add",or to developments in a Transportation Management ,b � Overlay District that elect to comply with the requirements of§135-43C"to the end of ��-' the final paragraph of the section, so that it reads as follows: �N O . � � a� a � � h __ _ _--__ -- __--__ _ - - _ __ _ _- __ . _ _---- _ _ _ __ _ . 1�5 March 21, 2011 Annual Town Meeting, cont. § 135-71B.Applicability.No building permit shall be granted for the erection of a new building or the enlargement er-��of an existing building with the result that_ 1)There are 10,000 square feet or more of gross floor area on the lot,including any existing floor area,but not including any floor area devoted to residential use or to . off-street parking, or 2)There are 50 or more dwelling units, or their equivalent, in a development, including any e�isting dwelling units,or � 3)The number of parking spaces is increased by 25 or more and there are 50 or more parking spaces,including any existing parking spaces, on the lot, unless a special permit with site plan review has been granted and the SPGA has made a determination that the streets and intersections affected by the proposed development have,or will have as a result of tra�c improvements, adequate capacity, as set forth in § 135-73,to accommodate the increased tr�c from the development. - The requirement for a special permit with site plan review(SPS)does not apply to a religious or nonprofit educational use, as described in § 135-9E(1).Notwithstanding the foregoing,the requirements of this Article XII shall not apply to the Center Business (CB)District, or to developments in a Transportation Mauagement Overlay District that elect to comply with the requirements of§135-43C. Gregory Zurlo, Planning Boaxd Chauman, outlined requested action. 8:19 p.m. Deborah Mauger reported una.imous support of the Selectmen Mr. Zurlo responded to questions regaxding potential traffic impact. Adopted Unanimously 8:22 p.m. Presented by Thomas Fenn,pr.9. ARTICLE 40::AMEND ZOI�TING BY-LAW-CRS ZONE— 1095 MASSACHUSETTS AVENUE (Owner Petition) MOTION: That this article be refened back to the Planning Board. Mr. Fenn reviewed requested action. 8:23 p.m. Hank Manz reported unanimous support of the Selectmen. 8:23 p.m. Richard Canale moved the report of the Planning Board on Article 40 be received and placed on file. Adopted Unanimously Richard Canale spoke to the Planning Boaxd's report, article position, and unanimous support for referral. 8:24 p.m. Members spoke in support. Adopted Unanimously 8:26 p.m. Presented by Richard Canale. ARTICLE 41: AMEND ZONING BY-LAW—HARTWELL AVENUE LAND TO CM ZONE . MOTION: That the Zoning By-Laws of the Town be amended as set forth in the motion atta.ched to the report of the Planning Board on this article, and further � b that non-substantive changes to the numbering of this bylaw be permitted in order �c� that it be in compliance with the numbering format of the Code of Lexington. � � � a Text of Planning Board Report: o�c MOTION: Move that the Code of the Town of Lexington, Zoning By-Law and the � � ,.. �,. Zoning Map of the Town of Le�ngton, be amended by changing the zoning district ro o designation of that properiy shown as Lot 14 on Assessors' Property Map 73,now or rt � - formerly of Hartwell Hospitality,LLC, from RO (one-family dwelling)to CM ��c (Manufacturing). � � � � � � � � � Planning Board Chairman Gregory Zurlo reviewed requested action. N a 8:30 p.m. Peter Kelley reported unanimous support of the Boaxd of Selectmen. � � Gregory Zurlo responded to questions regarding involvement of the Conservation N �' Commission and purpose of rezoning. � � Selectman Norman Cohen responded further to requests of the property owner. ~ � Gregory Zurlo read a memo on behalf o f the Conservation Commission. �°, 8:38 p.m. Planning Board member Wendy Manz continued to explain the rezoning � requestand involvement of the Conservation Comsnission. c ' Planning Board members Zurlo, Manz, and Canale continued to respond to -1.26 . March 21, 2011 Annual Town tlleeting, cont. questions regarding rezoning and potential impact on area properties. 8:47 p.m. Planning Board member Charles Hornig reviewed allowed scenarios and action within the CM district,required setbacks and screening. 8:54 p.m. Alan Wrigley,pr.7, called the question. Adopted 8:54 p.m. The Moderator decla�ed the motion under Article 41 adopted by more than the necessary two-thirds vote. 8:55 p.m. Presented by Selectman Norman Cohen. , ARTICLE 43: ACQUIRE GIFT OF LAND-MYRNA ROAD � MOTION: That the Conservation Commission be authorized to acquire by gift ,_,,, or otherwise, 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, the land shown as Lot 35 on Assessors' Property Map 76, now or formerly of Robert B. Chase. Norman Cohen reviewed requested action and eminent domain taking to deal with potential title problems. Mr. Cohen reported unanimous support of the Selectmen. 8:57 p.m. Norman Cohen responded to questions regarding potential title problem, potential adverse impact on any 3`d party, and lack of appropriation. Town Counsel Kevin Batt reviewed the authority of Town Meeting to authorize such a , taking, and title insurance. Adopted Unanimously 9:01 p.m. Presented by Selectman Peter Kelley. ARTICLE 44: ACCEPT GIFT OF LAND-OFF HARTWELL AVENUE MOTION: That the Town accept a gift of land shown as Lot 2 on Assessors' Property Map 80, now or formerly of Pacific Partners Realty Trust. Mr. Kelley reviewed required action and reported unanimous support of the Selectmen. 9:03 p.m. Adopted Unanimously � 9:03 p.m. Selectman Hank Manz moved Article 26 be taken up. Adopted _J 9:04 p.m. Presented by Selectman Norman Cohen. ARTICLE 26: ESTABLISH QUALIFICATIONS FOR TAX DEFERRALS AND EXEMPTIONS 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 $60,000. Mr. Cohen explained requested action and reported unanimous support of the Selectmen. 9:05 p.m. John Bartenstein reported unanimous support of the Appropriation Coinmittee. 9:08 p.m. Ephraim Weiss,pr.5,moved the following amendment: AMENDMENT: Article 26 be amended by adding at the end: `and that the I c��Board of Assessors be urged to not require resident to submit income tax forms to the town in order to qualify for any tax deferral or exemption'. 9:12 p.m. Selectman Norman Cohen reported unanimous disapproval of the Selectmen for the Weiss amendment. 9:13 p.m. John Bartenstein reported no position of the Appropriation Committee. 9:14 p.m. Patrick Mehr requested Mr. Weiss accept a friendly amendment to change , the `Selectmen' be chaxiged to `Board of Assessors' . Adopted 9:15 p.m. Ephraim Weiss continued to justify support of the amendment. 9:17 p.m. Weiss Amendment Not Adopted - 9:17 p.m. Main Motion.under Article 26 Adopted 9:17 p.m. Selectman Hank Manz moved Article 27 be taken up.Adopted Unanimously 9:18 p.m. Presented by Selectman Norman Cohen ARTICLE 27: AMEND GENERAL BYLAWS,PRIVATE WAYS MOTION: That Chapter 100 of the Code of the Town of Lexington be ` amended as set forth below; and further that non-substantive changes to the � numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of Le�ngton. - - __ ___- ____ - _ _ _ __ _ __ � ___ ---- � 127 March 2l, 2011 Annual Town Meeting, cont. § 100-13. Temporary Repair of Private Ways. � A. Purpose. In accordance with Massachusetts General Laws Chapter 40, § 6N,the Board of Selectmen may authorize temporary repairs of private ways in the Town as provided in this Section. The making of G� �. any such temporary repairs to private ways,no matter how often or to �� what extent, does not constitute an acceptance by the Town of such ,�,�, ways as public ways, nor does it constitute a way being"maintained �`D and used as a public way"under the Massachusetts Subdivision N� Control Law. �� G �b .b See Homig n _� ,4mendment B• Eligibility. Only a private way which meets the criteria of an o c° de�etinq this unaccepted street shown on the Zoning Map under the Planning Board �a section e � Development Regulations Chapter 175 of the Code of the Town of and • � a�c renumberrng LexingtOn, is eligible for repairs under and subject to the provisions of G a remaining this subsection. �c,-`�r sections. o N rt �� C. Type and Extent of Repairs. Repairs shall be limited to grading; " � patching, and the layering of gravel to: establish a uniform grade, o� make drainage repairs, accommodate the Town's emergency vehicles �� or otherwise protect or repair the Town's infrastructure. � � D. Public Necessity. There shall be a fmding of public necessity for said � repairs by the Board of Selectmen in consultation with the Director of �, Public Works. � � . o E. Petition Process. The Selectmen may make a determination of the � . need for sa.id repairs and may authorize the making of said repairs with � or without a petition of the abutters to said private way. However,the Selectmen will not entertain a petition from the abutters unless: (a) it is signed by fifly-one(51%)percent of the abutters along the private way to be repaired, or(b) if a majority of abutters to the private way are members of an association of landowners specific to said way and � . a majority vote of that association's membership or board of directors submits the petition. F. Scope of Work. The scope of the repair work shall be determined by the Director of Public Works, subject to approval by the Board of Selectmen. G. Betterments. Betterment chaxges may be assessed by the Selectmen � on.the abutter(s) of such way up to an amount equal to the cost of such repa.irs. If betterments are to be assessed,they shall be assessed upon each parcei of land benefiting from such repair by any method as may . be approved by the Selectmen. Betterments shall be apportioned over such a period as the Selectmen deem appropriate, after considering such matters as the estimated useful life of the proposed repairs and the source of funds to be used for the same. H. Funding. Repairs funded under this Section through betterxnents shall be appropriated at any Special or Amlual Town Meeting. The Selectmen are authorized to seek contributions for a portion of the cost � of said repa.irs from abutters and the Selectmen may, in their discretiori,require a cash deposit from the abutters. I. Town's Liability. The Town shall have no liability as a result of any such repairs under G:L. c. 40, § 6N(�. The Selechnen may also request arrangements to be made to further reduce or eliminate potential liability risks to the Town arising from the repairs. Such arrangements may include,but are not necessaxily limited to,the � provision of insurance by repair contractors and/or by abutters or ' associations of abutters insuring the Town's interests or the provision of suitable indemnity agreement by abutters or by associations of abutters. Moreover,this Section or any repairs thereunder, does not impose any duty or obligation on the Town to ma.intain or repair private ways. t28 � rfpsnourzunun pa�dop�•dn ua�� aq 6Z al�t�panouz zu�y�xr.reH ueuz��alaS '�T'd 65=6 rfpsnouszunun pa�dop� '�'d 65�6 � •uaur��ajas a��o�oddns snouzn.reun pa�.zodaz�ajjax.za}ad 'uz'd 65�6 � � x � o uo�uixaZ�o unnoZ a��o " apo� a��o��uuo��urzaquznu a��tnn a�uetiduzo�ui aq�t�.��.aap.zo ut pa�.iuuad � o aq nn�i�q s��o�uuaquznu a�o�sa�uer��anr�ue�sqns-uou��ip.zau�pu� � �a N � � N •suua�.pa.ztdxaun�o a�u�i�q a�.zo�uau�.�ajas�o p.z�og a� � � �q pajji�aq jreus saioue�� •pa�ii�nb pue pa�utodd�uaaq an�u szossa��ns.ztau� � � it�un a��o ut anut�uo�j�us szaquzauz��da�xa `p£ aunr uo a.�dxa jj�eus suuaZ ' � � •suua��ea�-aa.zu� .zo�.z�a��a pa�utodd�aq jreqs szaquzauz mo3 •uaiu��alas �� o p.reeog au��iq pa�uiodd�aq j�us aa�.tuiuzo� a��o s�aquxay� •un�oZ au�.�o � o s.za�on anjan��o�stsuo� o�aa�.Ruuzo� suoi��.zqaja�un�oZ�e an�c�jreus un�oZ auZ o aa ' +� � ,� :sn�oii�� s� sp�az�n�j�q a� �.�u}os `«mo,�„.zaquznu a��rm�i�ut��eidaz pu� a�ua�uas p.z� b ., ar��.�o�uiuut�aq a�.�� «aa.zt.i.I.��.zaqumu ar��ui�atap�iQ Pu� `«a�iann��zaqumu oN a��un�i�ui��jdaz pu�autT�s.z�a�ut «autu„.zaqumu a��ui�ajap�iq papuaure �� aq uo�utxaZ�o unno,I,a�.�o apo� a��o S I-6Z uot��aS}�u,I; �I�iOI,LOli�I �h Ac1�'I�ig��Z,LII�1i0� Sl�iOIZ�'2Ig�'I�� I�IAc10,L QI�I�AiF� �8Z�rIaIZ2IF� •�iaTjaX.za�ad ueu��ajas �iq pa�uasa.zd '�'d 85�6 rtpsnoz.uzubun pa�dopy� •dn ua�e� aq 8Z aT�t�panouz zu�y��.reH u�u��aiaS 'uc'd 8S�6 �'psnouizubun pa;d°p�pa.rej�ap `papuaure s� `LZ ai�t� '�'d LS�6 •�r, pu� ��, suoi��as ut�utpzonn �o uoi��tidnp ret�.ua�od pu� `s�i�n�p�o.z�uin�d zo�u��d`suo��n�ts�aa�s pa�da��un ��t�ads `s}uauua�aq o��ut�.�jaz«�„uoi��as pauot�sanb szaquzay� '�'d 9��6 pa�dopy��uaucpuaur�.�zu.�oH '�'d S��6 •�uauzpuaure a�o�uot�tsoddo pue�oddns ut axods s.zaquzay� '�'d 0��6 � •�uauTpuauz�a� o�. [pasoddo `—" p�.zon��ui {,] p.reog�utuu�id a��o�zoddns a�paa.zoda.z al�u��p.z�u�rg '�'d 6Z=6 -�uauzpuauz� �nuog a�.zo�uauz}�atas ac��o�oddns snouzru�un a�.pa�odaz uauo� •zy� •ansst ��ie�a��nt.zd, a�,ssazpp� o�ua�i.znn uaaq p�zu«g„uoi��as paurejdxa uauo�ueuzzoN u�uz��ajas •�s�i�rn a��nud,�o�tttqi�tja a� uo «g„uoi��as �rzi�aiap�o��durt a�.uo uot�sanb o�papuodsaz�nzzoH •zy� 'Lu'd SZ�6 •suot��asqns �uiuieuza.z a� �uiiaq�jaz ptre g uoi��asqns pasodoad a��ut�ajap�iq uot�ouz ureuz ar��puaure o,j, :,L��Q��y�� :}uauzpuauz� �urnnoiio�aq�Panouz`g•�d`�iu.zog saj.z�i�� •uz•d iZ:6 •aa�tuzazo� uoi��i.zdo.zdd�a��o�oddns snouzr�reun pa�odaz`£•zd`.zataumaN preu�� 'uz'd 6I�6 � •uau�.�ajas a��o�zoddns snourtueun pa�oda.z uauo� •.zy� •s�aa.us�a�da��un�o za��uz a� pue uot�ouz a�.pa�natnaa uauo�u�ur��atas •nn�j�q s��o��a�a a� a�.�epii�nui.zo puadsns o� ��ou I�us suoi��az pue saTn.z u�ns a��jnuzo.zd o�uaux��aias �o p.z�og a� �q a.mjre� `zanannog •nn�j�iq s��o�.ua�ut pt.re sasodznd a� a��a��a o�suor��in�az ptt� satn.z`�ur�a�pue a�i�.ou�iiqnd za�� `a��inuzo.zd�euz `saau�isap s�i.zo `uauz��ajas�o p.reog aus •x . �-� •nn� o uo uotsin n s asn ��ss� a .za un �J 'II � � . . ?PQ S � u Y� � P «��nn�tjqnd� s�pasn pue paure�ureuz„�uiaq�i�n�� a�n�i}suo��i saop :zou `s��nn�1Tqnd s� s��u�ns�o u�no,i,a��iq a�u�da��ue a�n�r�suo� �ou saop `�ua�xa��un�o�.zo ua�o r�ou.za��uz ou `s��m a��nizd o�.sa�daz uons�iu��o�u�uz aq,I, •s.zredaz pres�o a�tj�asn a�tre� ssai ou ao��ijqnd a� o�uado ureuza.z.za�a.za�I��s pu�uor��as s� zapun spun��o azn}tpuadxa a�o�zoud azouz zo s.z�a�i(S) an�.zo�asn �tjqnd o}pauado uaaq an�u j�us uot�.�as s�..zapun pazreda.z aq o��nn " a��nud a�.��u�uauz�.oajaS au�.�Q�u�Pu� e aQ ii�qs a.zau,j, •asn�ilqnd 'f •.�uo� `Buz�aay�uNto,� pnnuu�IIOZ `IZ�f��l� _ _- - _ ___ __ _ . - - -___ _ _ _ ----- : �_______ _ - __ -- . 129 March 21, 2011 Annual Town Meeting, cont. 10:00 p.m. Presented by Selectman Peter Kelley ARTICLE 29: AMEND PERMANENT BUILDING COMMITTEE BYLAW MOTION: That Article VI of Chapter 29 of the Code of the Town of Lexington be amended as set forth below, and further that non-substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the � y numbering format of the Code of Lexington: �,,.bd � � 0 Delete the first two sentences of Section 29-21 and replace them with the following: � a �, . o� The Town shall have a Permanent Building Committee consisting of seven full L _ members and two associate members,who shall be registered voters of the Town � rt appointed for terms of three years each,the terms of no more than three of which b o sha11 expire in any.one year. No full or associate member of the Committee shall be a rt � Town officer or Town employee. a`� . � � � The Chaizman shall designate an associate member to sit on the Committee for � � specific projects, in case of the absence, inability to act, conflict of interest, or at the N �. request of a full member. When designated by the Chair to sit on the Committee for °, � a specific project,the associate member shall have the same voting rights as a full o rt member. � �' r p� � C"� Delete the first sentence of Subsection 29-21.A and replace it with the following: �, On or before the first day of July in each year the Town Manager shall appoint to the �; Committee two full members and one associate member, or three full members (as `� the case may be)to serve until June 30 in the third year thereafter and until his successor is appointed and qualified. 10:00 p.m. Mr. Kelley outlined justification for requested action and reported unanimous support of the Selectmen. Adopted 10:02 p.m. The Moderator outlined plans for the meeting of March 23. David Kanter, pr.7,requested the meeting hold off on taking up Article 30. 10:02 p.m. Selectman Hank Manz moved the meeting be adjourned until 7:30 p.m., Wednesday,March 23,2011, Cary HalL Adopted Unanimously A true copy: Attest: Donna M. Hooper, Town lerk ........................................................................� March 23,2011 Adjourned Session of the 2011 Annual Town 1VIeeting The second session of the 2011 Annual Tovcm Meeting was called to order by Moderator Deborah Browri at 7:30 p.m. Wednesday,March 23, 2011; a quorum of 163 members present. � The Moderator called for a moment of silence in remembrance of James Barry, former precinct 1 Town Meeting Member,who passed away one year ago after the close of the first session of the 2010 Annual Town Meeting. Z:37 p.m. The Moderator called a recess for presentation of the Sharyn Wong- Chan/Sara Harrington Diversity Award presented by Lexington Public Schools; the 2011 award presented to Sharon Fitzgerald, K-5 mathematics specialist. 7:50 p.m. The Moderator called the meeting to order and declared Article 42 now before the meeting. 130 March 23, 2011 Adjourned Session of the 2011 Annual Town Meeting, cont. 7:51 p.m. Presented by Selectman Hank Manz. ARTICLE 42: ACQUIRE SIDEWALK WALKING EASEMENT TO FISKE SCHOOL MOTION: That the Selectmen be authorized to acquire by gift or otherwise, or take by eminent domain,for sidewalk walking purposes, a . 10' wide easement over and across a portion of the land comprising the Fiske Common Condominium, such Condominiuxn being located on East Street, Le�ngton,Massachusetts (Tax Map 63, Lot 113A), for access to and froin East Street to the Fiske Elementary School, including any �-, � temporary easements necessary for the construction of any such sidewalk, I as more particularly described on that certain plan titled"Plan of Land in ,e,; Lexington, Massachusetts,"prepared by Merrimack Engineering Services, and dated March 27, 2009, on file with the Town Clerk, or in any other location on such land and/or with any revisions, modifications, amendments or changes to said plan as the Selectmen may determine. 7:55 p.m. Mr. Manz reported the support of the Selectmen(5-0). � Richard Canale,pr.9, reported the support of the Planning Board(4-0). Mary Ann Stewart,pr. 1,reported the support of the School Committee. Representatives of the Sidewalk Committee spoke in support. Selectman Hank Manz responded to questions on a `walking easement'. Members spoke in support and questioned allowable use, questioned discussions with Fiske Commons residents, and maintenance requirements stipulated by the Board of Appeals. 8:18 p.m. John Hayward,pr.5,moved the question. Motion Adopted. 8:19 p.m. Motion Declared Adopted by more than the necessary two-thirds vote. 8:19 p.m. Charles Lamb,pr.4, served notice of reconsideration of Article 42. 8:20 p.m. Hank Manz moved Article 34 be taken up. Adopted Unanimously. .--, 8:21 p.m. Presented by Dawn McKenna,pr.6. � ARTICLE 34: � APPROVE BATTLE GREEN MASTER PLAN MOTION: That this article be indefinitely postponed. Ms. McKenna introduced Lucinda Brockway for an overview of the Plan and then reviewed purposes for indef nite postponement, Selectman George Burnell reported unanimous support of the Selectmen. David Kanter,pr.7, reported the support of the Capital Expenditures.Committee. � 8:28 p.m� Motion Adopted. 8:28 p.m. Selectman Hank Manz moved Articles 30, 31, 32, & 33 be taken up. Motion Adopted Unanimously. � � � 8:30 p.m. Presented by Selectman Hank Manz. . � ARTICLE 30: AMEND BYLAW-TOWN MEETING PROCEDURE � � MOTION: That Chapter 118 of the Code of the Town of Lexington be �o amended as set forth below, and further that non-substantive changes to � N the numbering of this bylaw be permitted in order that it be in compliance ,�° with the numbering format of the Code of the Town of Lexington. � . � � �� 1. Delete § 118-12E in its entirety and replace it with the following: c� �� After any action, except to lay upon the table or to postpone to a time � o certain or to commit,has been taken upon the subject matter of any � � a „ ,,, article in the warrant, such subject matter sha11 be deemed to be closed � � � and no further action shall be taken thereafter on said subject matter �� except by means of a motion to reconsider as provided in § 118-14 � �; herein. ',� N �� 2. Delete § 118-14A in its entirety and replace it with the following: � ti . A. No vote sha11 be reconsidered except in accordance with one or more of the following provisions: . (1) Where notice by any member has been given at the same session of the _ --- -_. ___-- - ____ _ _-- ----__ _ _ � __ __ __------ _ _ 131 March 23, 2011�Adjourned Session of the 2011 Annual Town Meeting, cont. � meeting and within 30 minutes after the result of a vote under an article has been declared, a motion to reconsider that vote may be made at any subsequent session of the meeting and shall prevail if � approved by a majority of the members voting. (2)A motion to reconsider may be made at any time by a member during - Town Meeting if(a) authorized to do so by a majority of either the Board of Selectrnen, or the Appropriation Committee, or the Capital Expendiiures Coxnmittee, and(b)for the sole purpose of ; balancing the budget and/or making technical corrections. Such a _ motion shall prevail if approved by a majority of the members � voting. (3)Any member may make a motion to reconsider under circumstances other than(1) or(2) of this subsection and such motion shall prevail only � if approved by at least 2/3 of the members voting. 3. Delete the main paragraph of§ 118-14C (but retain without change to sub-subsections (1)through(5)) and replace it with the following: � When a motion to reconsider is decided, such decision shall not be reconsidered.No question shall be twice reconsidered, except for questions reconsidered under sub-subsections A(2) and A(3)herein, � for which there shall be no limit to the number of times such questions may be reconsidered.Notwithstanding anything to the contrary herein, no vote shall be reconsidered upon the following motions, namely: 8:30 p.m. David Kanter,pr.7, summarized the proposed bylaw changes. 8:34 p.m. Selectman Hank Manz reported the position of the Board; 1 in favor, 1 opposed, and 3 abstentions. 8:35 p.m. Joseph Pato,pr.2,reported support of the Appropriation Committee(9-0). 8:36 p.m. Charles Lamb,pr.4,reported the unanimous support of the Capital ' Expenditures Committee. � 8:37 p.m. David Kanter responded to questions and explained proposed changes. 8:38 p.m. Motion Adopted. 8:38 p.m. Joseph Pato,pr.2, served Notice of Reconsideration of Article 30. 8:40 p.m. Presented by Selectman Deborah Mauger. ARTICLE 31: ANIEND TREE BYLAW 1VIOTION: That Chapter 120 of the Code of the Town of Lexington be amended as set forth below, and further that non-substantive changes to the number of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Lexington: � ,� �b � K Delete Section 120-4.B,with sub items (1), (2), (3) and(4) in its entirety � �c°� and replace it with the following: � a . N O' . O�C For sites under the jurisdiction of the Planning Board or Zoning Board of � � Appeals,the Planning Board or Zoning Board of Appeals may,by ,� o including in their findings an explanation of the reasons,waive in part or ° � in full this bylaw when they deem it necessary for the good of the � �c community. � � a � � � , 8:40 p.m. Gerald Paul,pr.4, Tree Committee,reviewed proposed changes. `� � _ 8:43 p.m. Selectnian Deborah Mauger reported the support of the Selectmen. � � 8:44 p.m. Richard Cana1e,pr.9,reported the support(4-1) of the Planning Board. N � 8:45 p.m. Nyles Barnert,pr.4 and Chairman of the Board of Appeals,reported the � � unanimous opposition of the Board of Appeals. ~ �' 8:48 p.m. Keith Omart, Citizens for Lexington Conservation, from the audience, � spoke in support. � 8:49 p.m. Joyce Miller,pr.7, Conservation Commission Chair,reported unanimous �c support of the Commission. - 8:50 p.m. Members spoke in support, of tree importance, and questioned impact of the proposed changes on developments. 9:01 p.m. Motion Adopted. :f32 March 23, 2011 Adjourned Session of the 2011 Annual Town Meeting, cont. 9:02 p.m. Presented by Selechnan Deborah Mauger. ARTICLE 32: ACCEPT MGL CHAPTER 138 SECTION 33B (Sale of Alcoholic Beverages By On-Premise Licensees on Sundays and Certain Legal Holidays) MOTION: That the Town hereby accepts Section 33B of Chapter 138 of the Massachusetts General Laws. 9:03 p.m. Memb�rs questioned hours covered and purposes for such action. 9:04 p.m. Selectman Deborah Mauger explained possible impact on local restaurants and reported the endorsement of the Chamber of Commerce. � 9:05 p.m. Motion Adopted. ,_,, 9:05 p.m. Presented by Selectman Peter Kelley. ARTICLE 33: ACCEPT STATE LAND GRANT—COTTON FARM PURCHASE MOTION: That the Conservation Commission, on behalf of the Town, is authorized to apply for and receive funding under the Loca1 Acquisitions for . Natural Diversity(LAND) Grant Program of the Commonwealth of Massachusetts to reimburse the Town for a portion of the purchase price paid by the Town for the property containing approximately 4.21 acres and consisting of a portion of the land identified on Lexington Assessors' Map 31 as lot 60B and a . portion of the land identified on Map 31 as Lot 90B,which property is shown as "Lot 1" on the plan entitled"Plan of Land Located in Lexington, Massachusetts (Middlesex County)"prepared by Meridian Associates, dated October 22, 2010 and recorded with the Middlesex South Registry of Deeds in Plan Book 02010, � Page 775;to enter into any contracts and agreements related to the application or the award of funds; and to grant a conservation restriction on the property, which restriction will run, on terms acceptable to the Conservation Commission,to a conservation organization selected by the Conservation Commission pursuant to � the requirements of the Community Preservation Act, Massachusetts General Laws Chapter 44B. Mr. Kelley explained requested action and reported unanimous support of the Selectmen. ' 9:06 p.m. Alan Levine,pr.8, Appropriation Committee Chair,reported unanimous support of the Committee. 9:06 p.m. David Kanter,pr.7,reported unanimous support of the Capital Expenditures Committee. 9:07 p.m. Conservation Director Karen Mullins responded to questions from members. Conservation Commission Chairperson Joyce Miller repor-ted unanimous support of the Co�unission and spoke to intention to establish a land trust. 9:09 p.m. Motion Adopted Unanimously. 9:10 p.m. Selectman Hank Manz moved Article 35 be taken up.Adopted. 9:10 pm. Presented by Selectman Norman Cohen. ARTICLE 35: SUPPORT AND PETITION FOR MUNICIPAL UTILITY ACT MOTION: That the Town support the passage by the General Court of legislation(currently H869) 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. 9:10 p.m. Patrick Mehr,pr3, spoke on the merits of the motion. 9:12 p.m. David Kanter,pr.7,reported unanimous support of the Capital � Expenditures Committee. _ 9:12 p.m. Selectman Norman Cohen explained requested action and reported unanimous support of the general legislation by the Selectmen. 9:14 p.m. 1llotion Adopted. 9:15 p.m. Selectman Hank Manz moved Article 16 be taken up. Adopted. 9:15 p.m. Presented by Selectman Norman Cohen. ARTICLE 16: ACCEPT MGL CHAPTER 32, SECTION 101, SUPPLEMENTAL ANNUAL ALLOWANCE MOTION: That the Town hereby accepts the supplemental annual allowance provided in Section 101 of Chapter 32 of the Massachusetts General Laws. , Robert Cunha,pr.2,Retirement Board Chairman,reviewed requested action and impact on retirees. Mr. Cunha requested favorable action. --- _ _ ___ _ __ --- - _- -.._ 1 _ __----- _ _ __ _ _ _ _ _ _ _ _ -- . �� March 23, 20I1 Adjourned Session of the 2011 Annual Town Meeting, cont. 9:18 p.m. ' John Bartenstein,pr.l,reported unanimous support of the Appropriation Committee. 9:18 p.m. Selectman Norman Cohen reported unanimous support of the Selctmen. 9:19 pm. Mr. Cunha responded to questions from the members. 9:23 p.m. tLlotion Adopted Unanimously. 9:25 p.m. Selectman Hank Manz moved adjournment until 7:30 p.m., Monday, Maxch 28, 2011; at Cary Hall. Motion Adopted. A true copy. � Attest: ��/L4-c�-�� K Donna M. Hooper, Town Clerk ........................................................................� March 28,2011 Adjourned Session of the 2011 Annual Town Meeting The third session of the 2011 Annual Town Meeting was called to order by Moderator Deborah J. Brown at 7:30 p.m., Monday,March 28,201 l, Cary Memorial Hall; a quorum of 169 present. The Moderator called for a recess to award and recognize Lexington High School and Minutema.n Vocational High School students. 7:50 p.m. The Moderator declared the meeting in session and recognized Selectman Hanle Manz. Mr. Manz moved the report of the Town Manager be received and placed on file.Motion Adopted. 7:53 p.m. Town Manager Cax1 Valente introduced new staff and reported. 8:16 p.m. Mary Ann Stewart,pr.l, moved the report of the Superintendent of Schools be received and placed on file: Motion Adopted. 8:17 p.m. Superintendent Paul Ash reported. 8:40 p.m. David Horton,pr.8,moved the report of the Superintendent of Minuteman Vocational School be received and placed on file. Motion Adopted. Superintendent Edward Bouquillion reported. � 8:53 p.m. Glenn Parker,pr.9,moved the report of the Appropriation Committee be received and placed on file. Motion Adopted. Mr. Parker reported. 9:00 p.m. Selectman Hank Manz moved Article 20 be taken up. Adopted Unanimously. 9:00 p.m. Presented by Selectman Peter Kelley. ARTICLE 20: ESTABLISH AND APPROPRIATE TO SPECIFIED � STABILZIATION FUNDS MOTION: a) That the following stabilization funds be created in accordance with MGL Chapter 40, Section SB: i. Transportation Management Overlay District Stabilization Fund for the purpose of financing transportation infrastructure improvements per Section 135-43C of the Code of the Town of Lexington; and ii. Avalon Bay School Enrollment Mitigation Stabilization Fund to � mitigate the costof students attending the Lexington Public Schools � who reside at Avalon Bay. b) That appropriations to the following sta.bilization funds be made from the sources and in the amounts specified: i. $418,900 be appropriated to the Avalon Bay School Enrollment � Mitigation Stabilization Fund, and to meet this appropriation, � $418,900 be transferred from the Avalon Bay School Enrollment - Mitigation special revenue account; , �.ii. $64,308 be appropriated to the Transportation Demand Management/Public Transportation Stabilization Fund, and to meet this appropriation$64,308 be transferred from the TDM special revenue account; and _ iii. $10,680 be appropriated to the Transportation Management Overlay District Stabilization Fund, and to meet this appropriation, $10,680 be transferred from the Transportation Management Overlay District special revenue account. 1�34 March 2&; 2011�Adjourned Session of the 2011 Annual Town Meeting, cont. iv. $56,666.66 be appropriated to the Traffic Mitigation Stabilization Fund, and to meet this appropriation, $56,666.66 be transferred from the Traffic Mitigation special revenue account. 9:01 p.m. 1VIr. Kelley reported unanimous support of the Selectrnen. Susan McLeish,pr.4,reported unanimous support of the Appropriation Committee. Charles L,amb,pr.4,reported unanimous support of the Capital � ' Expenditures.Committee. Selectman Peter Kelley responded to questions on special revenue accounts,to which Town Manager Carl Valente responded. --� 9:07 p.m. Motion Adopted Unanimously. � 9:07 p.m. Selectman Hank Manz moved Article 4 be taken up. Adopted Unanimously. 9:07 p.m. Presented by Selectman Hank IVlanz. ' ARTICLE 4: APPROPRIATE FY 2012 OPERATING BUDGET ' MOTION: That the following amounts be appropriated for the ensuing fiscal yeax 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. Program 1000: Education 1100 Lexington Public Schoois Personal Services $60,636,053 Expenses $12,508,832 Total Line Item 1100, Lexington Public Schools $73,144,885 1200 Regional Schools $1,702,930 Program 2000: Sharecl Expenses 2110 Contributory Retirement $4,083,286 2120 Non-Contributory Retirement $12,400 2.130 Employee Insurance $25,267,080 � 2140 Unemployment $310,000 J 2150 Workers Compensation*(M.G.L. Ch.40, Sec. 13 A& 13C) $542,658 2160 Property& Liability Insurance $619,000 2170 Uninsured Losses* (M.G.L. Ch. 40, Sec. 13) $100,000 2200 Debt Serv`ice 2210 Payment on Funded Debt $4,066,378 2220 Interes#on Funded Debt $684,411 2230 Temporary Borrowing $251,322 2300 Reserve Fund 2300 Reserve Fund $550,000 2400 Public Facilities 2400 Facilities $9,237,967 Program 3000: Public Works 3100-3500 DPW Personal Services $3,468,798 3100-3500 DPW Expenses $5,153,798 Program 4000: Public Safety 4100 Law Enforcement Personal Services $5,251,275 4100 Law Enforcement Expenses $542,474 4200 Fire Personal Services $4,698,877 , 4200 Fire Expenses $596,810 Program 5000: Culture�& Recreation 5100 Library Personal Services $1,765,543 5100 Library Expenses � $246,700 Program 6000: Human Services 6000 Human Services Personal Services $341,914 6000 Human Services Expenses $120,155 Program 7000: Community Development � 7100 Commuhity Development Personal Services $969,573 7�100 Community Development Expenses $143,822 7200 Planning Personal Services $245,898 7200 Planning Expenses $81,850 7300 Economic Development Personal Services $95,808 ___ __ -- --__ ___ ,_ � . -----_. _ __ __ _ _ _ ___. __ __--- — --- - ---—--- 135 March 28, 2011 Adjourned Session of the 2011 Annual Town Meeting, cont. 7300 Economic Development Expenses $74,800 Program 8000: General Government 8110 Selectmen Personal Services $87,612 8110 Selectmen Expenses $129,475 . 8120 Legal $400,000 8130 Town Report $7,000 8210-8220 Town Manager Personal Services $586,511 8210-8220 Town Manager Expenses $245,750 8230 Salary Transfer Account* $469,070 and further that Line 8230 is to be transferred by the Board of Selectmen for 4 -- contractual settlements within departments upon recommendation of the Town Manager . 8310 Financial Committees $7,500 8320 Misc. Boards and Committees $4,500 8330 Public Celebrations Committee $33,000 8400 Finance Personal Services $1,1,48,807 8400 Finance Expenses . $385 844 , 8500 Town Clerk Personal Services $299,789 8500 Town Clerk Expenses $102,350 8600 MIS Personal Services $216,441 8600 MIS Expenses $399,464 and that the Town transfer the following sums to meet; in part, appropriations made at this Town Meeting: . $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; $15,000 from the Center Improvement District Stabilization Fund for lin.e item 7300; $83,560 from Transportation Demand Management/Public Transportation Stabilization � Fund for Appropriations for line items 3100-3500; r�— $250,000 Avalon Bay School Enrollment Mitigation Stabilization Fund for line items 1100; $4,838,115 from Unreserved Fund Balance/Free Cash; ,, . $704,624 from the Water Enterprise Fund; $646,217 from the Sewer Enterprise Fund; and $213,600 from the Recreation Enterprise Fund. $4,610 from Insurance Proceeds greater than $20,000 for line-item 2170 Items marked with an (*) are Continuing Balance Accounts. Mr. Manz reported unanimous support of the Board of Selectmen. Glenn Parker,pr.9,reported unanimous support of the Appropriation Committee. Mary Ann Stewart,pr.l,reported unanimous support of the School Committee. 9:10 p.m. Mollie Garberg,pr.9, commended the work of the School Committee and reported unanimous support of Appropriation Committee on line 1100. 9:12 p.m. Patrick Mehr,pr.3, moved the following amendment: AMENDMENT: I move that the following be added to the main motion ' under Article 4: [...] and that a five-member Study Group be formed, one member to be appointed by each of the Moderator,the Board of Selectmen,the School Committee,the Planning Board and the Appropriation Committee,to conduct a retrospective review of the accuracy of fiscal impact projections, including school enrollment and increased tax collections,that were used to support rezoning actions brought to Town Meeting over the last ten years, to analyze the assumptions and methodologies used in such projections,to identify the reasons for differences between such projections and actual outcomes, and to report and recommend at the 2012 annual Town Meeting standards and methods to improve the accuracy of fiscal analyses of future proposed rezoning actions. Mr. Mehr presented reasons for the amendment. 9:18 p.m. Selechnan Norman Cohen reported opposition of the Board of Selectmen. Jessica Steigerwald,pr.8, reported unanimous opposition of the School Committee. � 136 March 28, 2011 Adjourned Session of the 2011 Annual Town Meeting, cont. 9:25 p.m. Glenn Parker,pr.9, reported the opposition of the Appropriation Coxnmittee, with 2 in favor, 6 opposed, and 1 abstention. Appropriation Committee member Eric Michelson spoke in support. 9:27 p.m. Members spoke in support and opposition to the Mehr amendment. Mr. Mehr responded to questions from the members. Members continued to speak in support and opposition ra.ising questions about fiscal impact of many projections, and estimate of staff resources to � support any study. 9:43 p.m. Frank Sandy,pr.6,moved debate on the amendment be e�ended until ,- finished or someone calls the question. Motion Not Adopted. � 9:43 p.m. �'he Moderator called for a standing vote on the.Mehr Amendment, ",, ' tallied as follows: Pct 1 2 3 4 5 6 7 8 9 AL Total YES 12 8 4 7 10 7 11 6 10 2 77 NO 2 5 7 9 7 13 10 11 4 16 84 9:44 p.m. With a vote of 77 in the�rmative and 84 in the negative,the Amendment was declared Not Adopted. 9:48 p.m. Joseph Pato,pr.2, spoke to the amendment to the operating budget in 2010 regarding Health Insurance and request to report to the next Town : Meeting projecting Health Insurance costs. 9:55 p.m. Eclith Sandy,pr.6, served notice of reconsideration of the Mehr Amendment. 9:56 p.m. Appropriation Committee Chairman Joseph Pato,pr.2,responded to " questions on the Committee's report regarding insurance subscribers and data projections. Mr. Pato explained plans for reporting at the 2012 Town Meeting. 10:01 p.m. Selectman Hank Manz and Town Manager Carl Valente responded to - questions on fund availability and possible reductions in properly taxes. 10:12 p.m. Selectman Hank Manz responded to questions on multi year budget proj ections. 10:14 p.m. Selectman Deborah Mauger spoke on long term forecasts,to which Appropriation Committee member Eric Michelson spoke further. 10:19 p.m. School Committee Chairman Mary Ann Stewart responded to questions on school enrollments and on plans for coordination with the Town Clerk and annual census and other resources. 1020 p.m. Super'intendent Paul Ash spoke further on school enrollment trends. 10:24 p.m. Town Manager Carl Valente responded to questions regarding street cuts on newly paved roadways. Public Works Director William Hadley further explained policies and enforcement. 10:29 p.m. Motion under Article 4 declared adopted by more than the necessary'two- thirds vote. 10:29 p.m. Glenn Parker,pr.9, served notice of reconsideration of Article 4. 10:29 p.m. Ephra'im Weiss,pr.5, served notice of reconsideration of Article 4, line 2130 and line 2400. 10:30 p.m. Moderator Deborah Brown reviewed plans for article discussion at the , next meeting. 10:31 p.m. Selectman Hank Manz moved adjournment unti17:30 p.m., Wednesday, March 30,2010 at Cary Hall. Adopted Unanimously. �� A true copy. . � Attest: ��'�' Donna M. Hooper, Town Clerk ___ . _ .__ _-- - _ _ _ __ i _ _ - - — __ ___ _ _ 1-�7 March 30,2011 Adjourned Session of the 2011 Annual Town Meeting The fourth session of the 2011 Annual Town Meeting was called to order by Moderator Deborah Brown at 7:30 p.m. Wednesday, March 30, 2011; a quorum of 166 members present. 7:33 p.m. Charles Lamb, pr.4, Chair of Capital Expenditures Committee, moved the report of the Capital Expenditures Committee be received and placed on � � file. Adopted. 7:38 p.m. Selectman Hank Manz moved to take up Articles 5, 6 and 7. Adopted Unanimously. 7:39 p.m. Presented by Selectman Norman Cohen. ARTICLE 5: APPROPRIATE FY2012 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 2012 under the provisions of M.G.L. Chapter 44, Section 53F1/2: Salaries $ 641,423 . Expenses 384,400 � Debt Service (non-exempt) 1,202,906 MWRA Assessment 5,012,091 Total $7,240,820 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 ' f scal year 2012 under the provisions of M.G.L. Chapter 44, Section 53F%2: Salaries $ 275,369 ; Expenses 330,4S0 Debt Service (non-exempt) 683,223� MWR.A Assessment 6,866,826 Tota1 $8,155,868 Said sum to be funded from wastewater receipts and$300,000 from retained earnings. c) That the Town appropriate the following sums of money to operate the � Recreation Department during fiscal year 2012 under the provisions of NI.G.L. Chapter 44, Section 53F%2: �alaries $ 643,143 " Expenses 966,745 - Debt Service (non-exempt) 131.500 Total $1,741,388 Said sum to be funded from recreation receipts and$375,000 from retained earnings. Mr. Cohen reported unanimous support of the Selectmen. 7:42 p.m. Richard Neumeier, pr.3, reported unanimous support of the Appropriation � Committee. 7:43 p.m. Patrick Mehr,pr.3,raised questions on health benefit costs,to which Town Manager Carl Valente responded. 7:45 p.m. Motion Adopted Unanimously. 7:47 p.m. Presented by Selectman Deborah Mauger. ARTICLE 6: APPROPRIATE FOR SETTIOR SERVICE PROGRAM MOTION: That the Town appropriate$10,000 for the puxpose of conducting a Senior Service Program, to be spent under the direction of the Town Manager; that to meet this appropriation $10,000 be raised in the tax levy; and that the Board of Selectmen be authorized to establish rules and regulations for the conduct of the program. 138 March 30, 2011 Adjourned Session of the 2011 Annual Town Meeting, cont. Ms. Mauger explained requested action and reported unanimous support of the Selectmen. 7:48 p.m. John Bartenstein,pr.l,reported unanimous support of the Appropriation Committee. Motion Adopted Unanimously. 7:51 p.m. Presented by Selectman Norman Cohen. 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%2 for the fi.scal year beginning July 1,2011, as follows: � Authorized Revolving Representative or Departmental Use of Fund FY2012 Fund Board to S end Recei ts Authorization Personnel and Building Rental Public Facilities Building Rental Expenses Related $325,000 Revolving Fund Director Fees to the Rental of Facilities DPW Burial Public Works Sale of Grave Containers Director Boxes and Burial Program Expenses $35,000 � Vaults Sale of Compost Personnel, DPW Compost Public Works Benefits Program Operations Director �d Loam,Yard Expenses and $499,000 Waste Permits Ca ital Board of License Fees from CATV contract, PEG Access Selectmen and Cable TV equipment and $430,000 Town Mana er Providers related ex enses Lexington Tree Fund Board of Gifts and Fees Program Expenses $20,000 , Selectmen Minuteman Household Public Works Fees Paid by program Expenses $175,000 Hazardous Waste Director Consortium Towns ---� Program Health Programs Health Director Medicare program Expenses $10,000 Reimbursements Council on Aging Human Services Program Fees and program Expenses $100,000 Pro ams • Director Gifts �. Liberly Ride Tourism/Liberty Town Manager Receipts,including Ride �d Tourism ticket sales, Program Expenses $199,000 Committee advertising revenue and char er sales School Bus School Committee School Bus Fees Bus Transportation $g30,000 Transportation Expenses Regional Cache= Public Works User Fees from Hartwell Avenue Director P�icipating $20,000 Munici alities Mr. Cohen explained requested action and reported unanimous support of the Selectmen. 7:54 p.m. Joseph Pato,pr.2;reported unanimous support of Appropriation Committee. Theodore Edson reported unanimous support of the Capital Expenditures Gommittee for the 2 capital projects. 7:55 p.m. Motion Adopted Unanimously. 7:55 p.m. Hank Manz moved Articles 9, 10, 11 & 12 be taken up. Adopted Unanimously. Selectman George Burnell presented the Selectmen's overview of capital requests. 7:55 p.m. Presented by Selectman George Burnell. ARTICLE 9: APPPROPRIATE FOR RECREATION CAPITAL PROJECT MOTION: That$165,000 be appropriated for renovations to the Town Pool Complex, and that to meet this appropriation$165,000 be transferred from the Recreation Fund Retained Earnings. 8:04 p.m. Charles Lamb;pr.4, served notice of reconsideration of Articles 5, 6, &7. Mr. Burnell reported unanimous support of the Selectmen for Article 9. 8:05 p.m. Recreat'ion Committee member Howard Vogel presented the request of the Recreation Committee. _ __ __ _ -__-- - ----- -_ _ _ - r--- ___--- _ 139 March 30, 2011 Adjourned Session of the 2011 Annual Town Meeting, cont. 8:06 p.m. Richard Neumeier,pr.3, reported unanimous support of the Appropriation Committee. Shirley Stolz,pr.6,reported unanimous support of the Capital Expenditures Comxnittee. Glenn Parker,pr.9,responded to questions about spending levels on infrastructure maintenance. 8:13 p.m. Motion Adopted Unanimously. 8:13 p.m. Presented by Selectman George Burnell. ARTICLE 10: � APPPROPRIATE FOR MT,TNICIPAL CAPITAL PROJECTS ' AND EQTJIPMENT MOTION: That the following amounts be appropriated for the following capital improvements and_that each amount be raised as indicated: a) Dam Repair- $270,000 for reconstructing and making extraordinary . repairs to the Butterfield Dam, and that to meet this appropriation the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow.$270,000 under M.G.L. Chapter 44, Section 7 or any other enabling authority; b) DPW Equipment Replacement- $485,100 for the cost ofdepartmental equipment for the Department of Public Works and all incidental costs related thereto, and that to meet this appropriation$120,100 be transferred from Water Retained Earnings and the Treasurer, with the approval of the � Board of Selectmen, is authorized to borrow$365,000 under M.G.L. Chapter 44, Sections 7 and 8 or any other enabling authority; c) Storm Drainage Improvements - $500,000 for constructing and reconslxucting storm dra.ins and a11 incidental costs related thereto, and that to meet this appropriation the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow$500,000 under M.G.L. Chapter 44, Section 7 or any other enabling authority; , d) 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 therefor, 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; e) Replacement of Ambulance- $240,000 for the purchase of a new . ambulance for the Fire Department, and that to meet this appropriation the Treasurer,with the approval of the Board of Selectmen, is authorized to borrow$240,000 under 1VI.G.L. Chapter 44, Section 7 or any other eriabling authority; , � MIS Technology Improvement Program- $165,000 for the purchase and installation of computer hardware and other data processing equipment and a11 incidental costs related thereto, and that to meet this appropriation the Treasurer,with the approval of the Board of Selectmen, is authorized to borrow$165,OOp under M.G.L. Chapter 44, Section 7 or any other enabling authority; g) Townwide Electronic Document Management System- $410,000 for computer hardware and other data processing equipment 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 $410,000 under M.G.L. Chapter 44, Section 7 or any other enabling authoriiy; . h) 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; � i) South Lexington Transportation Master Plan—that this item be indefinitely postponed; j) Street Improvements and Easements - $846,602 for road reconstruction, repairs and resurfacing by the Department of Public Works and all � iricidental costs related thereto, and to take by eminent domain,purchase or otherwise acquire any fee;easement or other interest in land necessary therefor, and that to meet this appropriation$846,602 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; 1�40 March 30, 2011 Adjourned Session of the 2011 Annual Town Meeting, cont. , k) Westview Cemetery Irrigation-Phase III - $35,000 for completing the in- ground irrigation system for the Westview Cemetery, and that to meet this appropriation$35,000 be raised from the general fund unreserved fund balance; . 1) Comprehensive Watershed Stormwater Management- $50,000 for consultant services for initial design development of improvements recommended in phase one, and that to meet this appropriation$50,000 be raised from the general fund unreserved fund balance. � • m) Townwide Signalization 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; n) Waltham Street Pedestrian Safety Improvements - $66,000 for the installation of a high visibility pedestrian crossing on Waltham Sireet in the vicinity of Brookhaven, and that to meet this appropriation$66,000 be appropriated from the Traffic Mitigation Stabilization Fund; o) Park Improvements-Athletic Fields- $50,000 for improvements to parks � and athletic fields, including the Franklin ballfield area, and that to meet this appropriation$7,415 be transferred from Article 30 of the Warrant for the 1999 Annual Town Meeting, and$42,585 be raised from the general fund unreserved fund balance; and p) Firefighter Protectiori Turnout Gear- $88,000 for firefighter protection turnout gear;and that to meet this appropriation$17,326 be transferred from Article 20 of the Warrant for the 2009 Annual Town Meeting, $14,091 to be transferred from Article 31b of the Warrant for the 2007 � Annual Town Meeting, $2,217 be transferred from Article 15b of the Warrant for fhe 2008 Annual Town Meeting, $812 be transferred from Article 15a of the Warrant for the 2009 Anilual Town Meeting, $98 be transferred from Article 30b of the Warrant for the 2005 Annual Town Meeting, $87 be transferred from Article 13c of the Warrant for the 2007 Annual Town Meeting, and$53,369 be raised from the general fund ( unreserved fu�d balance. Mr. Burnell reviewed requested project funding and reported unanimous support of the Selectmen. 8:20 p.m. Mary Ann Stewart;pr.l, reported School Committee support for sections g& d, Theodore Edson reported unanimous support of the Capital Expenditures Committee. 8:21 p.m. Glenn Parker,pr.9,reported unanimous support of the Appropriation Coxnmittee. Mr. Parker served notice of reconsideration of Article 9. 8:21 p.m. Fire Chief William Middlemiss responded to questions on ambulance replacement. Public Works Director William Hadley responded to questions on indoor equipment storage, impact on operations, and equipment manufacturers. Selectman George Burnell explained the indefinite postponement of subpart `i'. Questions on chapter�90 funding, street and sewer maintenance and improvements were addressed. 8:44 p.m. Charles Lamb,pr.4, explained these issues were discussed in the report of the Committee.�. 8:47 p.m. Town Engineer John Livsey responded to questions on quality of roadwork performed, specifications,road standards, state roadway improvements, and dam repair. �- 8:56 p.m. Motion Adopted Unanimously. " 8:56 p.m. G1enn Parker,pr.9, served notice of reconsideration of Article 10. 8:56 p.m. Presented by Selectman Hank Manz: ART,ICLE 11:�APPPROPRIATE FOR SEWER SYSTEM IMPROVEMENTS MOTION: That: (a)the Selectmen are hereby authorized to install sewer mains and sewerage systems and replacements thereof, 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, in accordance with Chapter 504 of the Acts of 1897, and acts in addition thereto and amendment thereof, or otherwise, and to take by eminent domain,purchase or otherwise acquire any fee, easement or other interest in land necessary therefor;to , appropriate for such installation and land acquisition the sum of$1,200,000, and _____ ---- � -- _ _ _ _ _- - _. __ __ _ _ __-- -___ , __ _ _ . _ � 141 March 30, 2011 Adjourned Session of the 2011 Annual Town Meeting, cont. to raise such amount$300,000 be transferred from Sewer Retained Earnings and . the Treasurer with the approval of the Board of Selectrnen is authorized to borrow $900,000 under M.G.L. Chapter 44, Section 7 or any other enabling authority; and that the Treasurer with the approval of the Boazd of Selechnen 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 andlor security agreement; and(b) $100,000 be appropriated for pump station � upgrades and all incidental costs related thereto, and to raise such amount 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 autliority. 8:58 p.m. Mr. Manz reported unanimous support of the Selectmen. Theodore Edson reported unanimous support of Capital Expenditures Committee. John Bartenstein,pr.l, reported unanimous support of Appropriation Committee. 8:59 p.m. Motion Adopted Unanimously 8:59 p.m. Glenn Parker,pr.9, served notice of reconsideration of Article 11. 8:59 p.m. Presented by Selectman Peter Kelley. ARTICLE 12: 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- $737,000 for maintaining and upgrading the Lexington Public Schools' technology systems, and that to meet this ' � appropriation$235,000 be raised from the general fund u.nreserved fund balance, and the Treasurer,with the approval of the Boaxd of Selectmen, is authorized to borrow$502,000 under M.G.L. Chapter 44, Section 7 or any other enabling authority. b) Food Service Equipment- $34,000 for the purchase of food service equipment 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$34,000 under M.G.L. Chapter 44,Section 7 or ` " � any other enabling authority. c) Classroom Furniture- $150,000 for the purchase of classroom furniture, and that to meet this appropriation the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow$150,000 under M.G.L. Chapter 44, Section 7 or any other enabling authority. 9:00 p.m. Margaret Coppe,pr.9,presented on behalf of the School Committee. 1Vlary Ellen Dunn;Assistant Superintendent for Finance, explained the authority of the Food Service Revolving Fund. 9:03 p.m. Alan Levine,pr.8, further explained types of revolving funds. Ms. Coppe reported unanimous support of the School Committee. 9:04 p.m. William Hurley reported unanimous support of Capital E�enditures Committee. M�ollie Garberg,pr 9,reported unanimous support of Appropriation Committee. 9:05 p.m. Thomas Plattie, Director of Education Technology and Assessment, responded to questions on school technology`replacement rate. 9:11 p.m. Charles Lamb,pr.4,responded to questions on borrowing for technology hardware,to which Finance Director Robert Addelson provided further explanation. 9:15 p.m. Motion Adopted Unanimously. r-- 9:16 p.m. Glenn Parker,pr.9, served notice of reconsideration of Article 12. _ 9:16 p.m. Presented by Selectman Hank Manz. _ ARTICLE 15: APPROPRIATE FOR COMMUNITY CENTER (Citizen Article) MOTION: That this article be indefinitely postponed. Benjamin Cohen,pr.3, spoke to indefinite postponement. 9:19 p.m. Motion Adopted Unanimously. 9:19 p.m. Seleclxnan Hank Manz moved Articles 18, 19, 21, 22, and 23 be taken up. Adopted Unanimously. 1�42 March 30, 2011 Adjourned Session of the 2011 Annual Town Meeting, cont. 9:19 p.m. Presented by Selectman Deborah Mauger. ARTICLE 18: APPROPRIATE TO POST EMPLOYMENT INSURANCE � LIABILITY FUND , MOTIUN: That$500,000 be appropriated to the Town of Lexington Post Employment Insurance Liability Fund, as established by Chapter 317 of the Acts of 2002, and that to meet this appropriation$500,000 be raised from the general fund unreserved fund balance. 9:22 p.m. Selectman Mauger reported support of Selectmen. ---, Alan Levine, pr.8, reported unanimous support of Appropriation Committee. � 9:23 p.m. Town Manager Carl Valente responded to questions regaxding insurance liability fund disbursements. Alan Levine further explained the post employment liability. Mr. Valente responded to health premiuxn questions and insurance liability: 9:30 p.m. Motion Adopted. 9:31 p.m. Glenn Parker,pr.9, served notice of reconsideration of Article 18. 9:31 p.m. Presented by Selectman Hank Manz. ARTICLE 19: RESCIND PRIOR BORROWING AUTHORIZATIONS MOTION: That the unissued portions of the following debt authorizations are hereby rescinded: • $7,300 voted under Article 13c of the Warrant for the 2007 Annual Town Meeting; • $29,822 voted under Article 15b of the Warrant for the 2008 Annual � Town Meeting; and • $45,000 voted under Article 20 of the Warrant for the 2009 Annual Town Meeting. . 9:31 p.m. Mr. Manz reported unanimous support of Selectmen. 9:32 p.m. Glenn Parker,pr.9,reported unanimous support of Appropriation � Committee. Charles Lamb,pr.4,reported unanimous support of Capital Expenditures Committee. ~ 9:33 p.m. Adoptea'Unanimously. Charles Lamb served notice of reconsideration of Article 19. 9:33 p.m. Presented by Selectman Hank Manz. ARTICLE 21: APPROPRIATE TO STABILIZATION FUND MOTION: That this article be indefinitely postponed. 9:33 p.m. Motion Adopted Unanimously. 9:34 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. 9:34 p.m. Mr. Cohen reported unanimous support of Selectmen. 9:34 p.m. Charles Lamb,pr.4,reported unanimous support of Capital Expenditures Committee. Susan McLeish,pr.4,reported unanimous support of Appropriation Committee. 9:35 p.m. Motion Adopted Unanimously. 9:36 p.m. Presented by Selectman Hank Manz. ARTICLE 23: APPROPRIATE FOR PRIOR YEARS' UNPAID BILLS MOTION: That this article be indefinitely postponed. 9:36 p.m. Mr. Manz reported no unpaid prior years' bills. 9:36 p.m. Motion�Adopted Unanimously. 9:37 p.m. Glenn Parker,pr.9., served notice of reconsideration of Articles 22 and 23. Following a brief recess Selectman Hank Manz moved Article 36 be taken up. Adopted Unanimously. __ - _ _ --- -- ___ __ --- _ -- _ � _ --_- __ _ _ _- --__ / . 1 q,� March 30, 20I1 Adjourned Session of the 201I Annual Town Meeting, cont. 9:42 p.m. Presented by Ephraim Weiss,pr.5. ARTICLE 36: ANALYZE EMPLOYEE HEALTH BENEFITS MOTION: That the Town call upon the Appropriation Committee,pursuant to a resolution passed at the 2010 Town Meeting,to accelerate its work to analyze � employee health benefits in order to determine trends and possible alternative ways of controlling costs without serious detrimental effects on total compensation and with full respect of individual privacy, and to report on said work on-an ongoing basis; or to act in any other manner in relation thereto. 9:43 p.m. Mr. Weiss reviewed requested action. _, 9:45 p.m. Joseph Pato,pr.2,reported on the scope of the responsibility of the Appropriation Committee and reported unanimous opposition. 9:46 p.m. Selectman Deborah Mauger reported opposition of the Selectmen. 9:47 p.m. Joseph Pato responded to questions on the Appropriation Committee's interpretation of the motion. 9:52 p.m. Members commented further on previous work, and composition, of Health Benefits Review Committee. 9:55 p.m. Members spoke in support and opposition. 10:01 p.m. Motion NotAdopted. , 10:01 p.m. David Kanter,pr.7,moved to Reconsider Article 22 to correct a clerical error. Motion to Reconsider Article 22 Adopted Unanimously. 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 10:02 p.m. Selectman Norman Cohen moved to Amend Article 22— AMENDMENT: To substitute `FY2011' with `FY2012'. Motion to Amend Adopted Unanimously. Motion to approve Article 22 as amended—Adopted Unanimously.` 10:05 p.m. Hank Manz moved the meeting be adjourned until 7:30 p.m.,Monday, April 4, 2011 at Cary Hall. Adopted Unanzmously, A true copy. � Attest: . Donna M. Hooper, Town Clerk ....:...................................................................� April 4,2011 Adjourned Session of the 2011 Annual Town Meeting The fifth session of the 2011 Annual Town Meeting was called to order by Moderator Deborah Brown at 7:30 p.m. Monday, Apri14, 2011; a quonun of 185 members present. Following a moment of silence in memory of those who recently passed away, The Moderator outlined plans for the evening,to take up articles 13, 14, 37, 38,24, 25, and reconsider the Article 4 Mehr amendment. 7:39 p.m. Deputy Moderator Deborah Strod stepped forward to preside over Article 13. 7:41 p.m. Presented by Mary Ann Stewart,pr.l. _ ARTICLE 13: APPROPRIATE FOR PUBLIC FACILITIES CAPITAL PROJECTS . MOTION: That the following amounts be appropriated for the following capital i�nprovements to public facilities and that each amount be raised as • indicated: a) Bridge and Bowman Schools Renovation Design,Development and Engineering—$280,000, in add.ition to the $750,000 previously appropriated, for the cost of architectural and engineering services for planning the reconstruction of the Bridge and Bowman Schools, said sums to be expended under the direction of the Permanent Building Committee, and that to meet this appropriation the Treasurer,with the � approval of the Board of Selectmen, is authorized to borrow$280,000 ' under M.G.L. Chapter 44, Section 7, or any other enabling authority. ::.�44 , " April 4, 2011 Adjourned Session of the 2011 Annual Town Meeting, cont. b) Estabrook School Feasibility and Related Street Access � Improvements: i. Estabrook School Feasibility Study- $1,050,000 for a feasibility study to siudy the deficiencies and determine the appropriate solution for the �Estabrook Sehool located at 117 Grove Street, said suxn to be expended under the direction of the Permanent Building Committee, and to meet said appropriation the Treasurer,with the approval of the Baard of Selectmen, is authorized to borrow said sum under M.G.L. Chapter 44, or any other enabling authority;that the Town of Lexington � � :acknowledges that the Massachusetts School Building Authority's ("MSBA") grant program is a non-entitlement, discretionary program based on need, as determined by the MSBA, and any costs the Town , �incurs in excess of any grant approved by and received from the MSBA sha11 be the sole responsibility of the Town, and that the amount of borrowing authorized pursuant to this vote shall be reduced by any grant amount set forth in the Feasibility Study Agreement that may be , executed between the Town and the MSBA; and ii. .Estabrook School Related Street Access Improvements - $100,000 for See McGuirk design and engineering of right-of-way modifications and upgrading of Amendment of Robinson Road to current code, and that to meet this appropriation the April 11, 2011 for Article 13 Treasurer,with the approval of the Board of Selectrnen, is authorized to (b)(ii) borrow$100,OQ0 under M.G.L. Chapter 44, Section 7; or any other enabling authority. c) School Building Envelop and Systems - $300,000 for school buildings . and systems repairs and that to meet this appropriatian$300,000 be ra.ised from the general fund unreserved fund balance. d) School Improvement Projects—$645,000 for reconstructing and . making extraordinary repairs to school buildings, including design and � engineering, and that to meet this appropriation$320,000 be raised from the general fund unreserved fund balance 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. e) Clarke Middle School Paving Improvements - $125,000 for installing and paving a sidewalk and parking area, 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. � Lexington High School Roof Repair- $998,000 for making extraordinary repairs to the roofing at Lexington High School, 251 � Waltham Street,which repair project would materially extend the useful life of the school and preserve an asset that otherwise is capable of supporting the required educational program, said sum to be � expended under the direction of the Department of Public Facilities, and to meet said appropriation the Treasurer,with the approval of the Board of Selectmen, is authorized to borrow said sum under M.G.L. Chapter 44, or any other enabling authority;that the Town of . Lexington acknowledges that the Massachusetts School Building Authority's ("MSBA") grant program is a non-entitlement, discretionary program based on need, as determined by the MSBA, and.any costs the Town incurs in excess of any grant approved by and � received from the MSBA shall be the sole responsibility of the Town; ' provided further that any grant that Lexington may receive from the MSBA for the project shall not exceed the lesser of(1) 33.95% of eligible, approved project costs, as determined by the MSBA, or(2) the total maximum grant amount. � g) Hastings School Playground Expansion- $75,000 for expanding and equipping the playground, and that to meet this appropriation the Treasurer;with the approval of the Board of Selectmen, is authorized �. to borrow$75,000 under M.G.L. Chapter 44, Section 7, or any other � enabling authority. h) School Paving Program- $75,000 for maintaining school parking and . paved pedestrian surfaces, and that to meet this appropriation$75,000 be ra.ised from the general fund unreserved fund balance. -_-- ___- ---___ ___ _____ _ _ __ i ___ ____ __ ___ __ . 145 April 4, 20I1 Adjourned Session of the 20I1 Annual Town Meeting, cont. i) Diamond Middle School Extraordinary Repair- $75,000 for making repairs to the portable classrooms, and that to meet this appropriation $75,000 be raised from the general fund unreserved fund balance. j) Municipal Building Envelop and Systems - $265,572 for design, construction,repair and replacement projects for the maintenance and upgrade of municipal buildings and systems, and that to meet this appropriation, $165,572 be raised from the general fund unreserved fund balance and$100,000 be raised in the tax levy. k) Repair of Fire Station Floor- $450,000 for making extraordinary � repairs to the Fire Headquarters floor, and that to meet this �.__ appropriation the Treasurer, with the approval of the Board of � Selectmen, is authorized to borrow$450,000 under M.G.L. Chapter � 44, Section 7, or any other enabling authority. 1) Library Material Handling System Design- $100,000 for designing and installing a material handling system for Cary Memorial Library, and that to meet this appropriation$100,000 be raised from the general fund unreserved fund balance. Mary Ann Stewart, School Committee Chair, explained part 13 (b) (i), followed by Committee member Alessandro Alessandrini (pr.4). Jonathan Himmel, Permanent Building Committee,provided an overview of the process followed over past yeaxs; followed by further presentations by Alessandro Alessandrini and Department of Public Facilities Director Patrick Goddard, who addressed 13 (b) (ii). 8:09 p.m. George Burnell reported unanimous support of Selectmen for 13 (b)(i&ii). 8:09 p.m. William Hurley reported support(5-0) of Capital Expenditures Committee for 13(b)(i&ii). Mollie Gaxberg reported unanimous support of Appropriation Committee for 13(b)(i&ii).�. - Members questioned possible takings on Robinson Road, easements, and impact on properties. Patrick Goddard, Director of Public Facilities,responded to questions. Joyce Miller, Conservation Commission Chair, commented on wetland issues along --- Robinson Road: Residents spoke from the audience, questioning proposed Robinson Road improvements, safety access needs, and rebuilding Estabrook School. School Cominittee Chair Mary Ann Stewart responded to questions on taxpayer impact of project, followed by.Patrick Goddaxd,Director of Public Facilities, and Robert Addelson, Finance Director. - Discussion ensued, with questions on voting on both parts (b)(i) and(ii), along with further discussion on school maintenance,needs, and impact on recreational field space, 8:53 p.m. David Kanter,pr.7,moved the question now be put. Motion Adopted. 8:55 p.m. Following a voice vote on Article 13 (b)(i), the Moderator declared the motion adopted by more than the necessary two-thirds vote. 8:56 p.m. Following a voice vote on Article (b)(ii), the Moderator declared the motion adopted by more than the necessary two-thirds vote. 8:57 p.m. Charles Lamb,pr.4, served notice of reconsideration of Article 13 (b)(i) and 13 (b)(ii). 8:58 p.m. Moderator Deborah Brown returned to the position of Moderator and advised discussion of the remainder of Article 13 to be before the meeting. 8:58 p.m. Mary Ann Stewart, School Committee explained requested action under Article 13(a) and reported unanimous support of the School Committee. 9:11 p.m. Selectman George Burnell reported support of the Selectmen for Article 13(a) (4-1). , 9:11 p.m. William Hurley reported unanimous support of Capital Expenditures Committee for Article 13(a). 9:13 p.m. Selechnan Peter Kelley presented a minority report that supports new construction as opposed to building renovations. 9:23 p.m. Residents spoke in support. Members spoke.in support and opposition, questioned building renovation vs. building reconstruction approach, cost implications, and facilities meeting program needs. 9:48 p.m. Bowman and Bridge school Principals Mary Anton and Maxgaret Colella spoke in support: Discussion, in support and opposition, continued. _ 10:09 p.m. Jonathan Himmel, Permanent Building Committee Chairman,responded to questions regarding state reimbursement issues. Discussion continued. y�`� ' April 4, 2011 Adjourned Session of the 2011 Annual Town Meeting, cont. 10:21 p.m. Joel Adler,pr.l,moved the question on Article 13(a)be put. Motion Adopted. Mary Ann Stewart,pr.l, summarized and sought support for Article 13(a). 10:23 p.m. Motion under Article 13(a) declared adopted by more than the necessary two-thirds vote. 10:23 p.m. Charles Lamb,pr.4, served notice of reconsideration of Article 13(a): 10:23 p.m. Selectman Hank Manz moved adjournment until 7:30 p.m., Wednesday, April 6, 2011 at Cary Ha11. Motion Adopted. A true copy. --� Attest: �i YLo�.�l �, Donna M. Hooper, Town C erk ,,,_.� Apri16,2011 Adjourned Session of the 2011 Annual Town Meeting The sixth session of the 2011 Annual Town Meeting was called to order by Moderator Deborah Browri at 7:30 p.m. Wednesday,Apri16, 2011; a quorum of 168 members present. ARTICLE 2: ELECTION OF DEPUTY MODERATOR AND REPORTS OF � TOWN BOARDS, OFFICERS, COMMITTEES 7:36 p.m. William Kennedy,pr.9, moved the Report of the Lexington Housing Assistance Board(LexHAB)be received and placed on file. Adopted Unanimously. Mr. Kennedy reported. 7:39 p.m. Wendy Manz,pr.9,moved the Report of the Community Preservation Committee be accepted and placed on file. Adopted. Mrs. Manz reported. 7:51 p.m. Presented by Wendy Manz,pr.9, Community Preservation Committee Chair. ARTICLE 8: APPROPRIATE THE FY 2012 COMMUIVITY PRESERVATION COMMITTEE OPERATING BUDGET AND CPA PROJECTS MOTION: That the Town hear and act on the report of the Community Preservation � Committee�on the FY2012 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 FY2012 receipts as recommended by the Community Preservation Committee: 1. $419,900 for the acquisition, creation and preservation of open space excluding land for recreational use; 2. $419,900 for the acquisition,preservation,rehabilitation and restoration of � historic resources; . 3. $419,900 for the creation,preservation and support of community housing; and 4. $2,939,300 to the Unbudgeted Reserve. And further,that the Town make appropriations from the Community Preservation Fund and other sources as follows: a) That$150,000 be appropriated for Archives and Records Management and Conservation and to meet this appropriation, $150,000 be appropriated from the Historic Resources Reserve of the Community Preservation Fund. b) That$60,000 be appropriated for the East Lexington Fire Station Doors � Replacement and to meet this appropriation, $60,000 be appropriated from the Historic Resources Reserve of the Communiiy Preservation Fund. c) That$30,000 be appropriated for Leary Planning Funds and to meet this appropriation, $30,000 be appropriated from the Community Housing � Reserve of the Community Preservation Fund. d) That$450,000 be appropriated for the LexHAB Set-Aside for Housing Acquisition and to meet this appropriation, $393,432 be appropriated from _ the Community Housing Reserve of the Community Preservation Fund and$56,568 be appropriated from the Unbudgeted Reserves of the Community Preservation Fund. e) That$50,000 be appropriated for Battle Green Monument Restoration and to meet this appropriation, $50,000 be appropriated from the Historic Resources Reserve of the Community Preservation Fund. _ _ —__ _ _ _ __ ___- --__-- --- -- -_ __ _ � _- . ___ _ r____ . �� April 6, 2011 Adjourned Session of the 2011 Annual Town Meeting, cont. � That$50,000 be appropriated for Battle Green Master Plan � Implementation, including improvement of pathways and fencing, and to meet this appropriation, $50,000 be appropriated from the Historic: Resources Reserve of the Community Preservation Fund. i , g) That$911,863 be appropriated for Center Playfields Drainage Implementation—Phase II and to meet this appropriation, $911,863 be appropriated from the Undesignated Fund Balance of the Community Preservation Fund. . h) That this item(Muzzey Condominium Window Replacement)be � indefinitely postponed. ,�__, i) That$364,800 be appropnated far Vynebrooke Village Drainage Improvements and to meet this appropriation, $364,800 be appropriated , from the Unbudgeted Reserves of the Community Preservation Fund. j) That$974,600 be appropriated�for Busa Farm Debt Service and to meet this appropriation, $757,715 be appropriated from the Unbudgeted Reserves of the Community Preservation Fund and$216,885 be . appropriated from General Fund Unreserved Fund Balance. k) That$1,300,604 be appropriated for Cotton Farm Debt Service and to meet this appropriation, $419,900 be appropriated from the Open Space Reserve of the Community Preservation Fund and$880,704 be � appropriated from the Unbudgeted Reserves of the Community Preservation Fund. 1) That$150,000 be appropriated for the Administrative Expenses and all other necessary proper expenses of the Community Preservation � Committee for FY 2012 and to meet this appropriation, $150,000 be appropriated from the Unbudgeted Reserves of the Community Preservation Fund. 7:52 p.m. Wendy Manz provided an overview of Community Preservation requests for FY2012 and explained procedures for applicant presentations. 7:56 p.m. 8(a) —Presentation by Nasrin Rohani, Archivist Deborah Mauger reported unanimous support of Selecimen " David Kanter reported unanimous support of Capital Expenditures Committee. Susan McLeish reported unanimous support of Appropriation Committee. Questions were addressed from the members. 8:03 p.m. 8(b) —Presentation by Mark Barrett, Departrrzent of Public Facilities ' Deborah Mauger reported unanimous support of Selectmen. David Kanter reported unanimous support of Capital Expenditures Committee. Susan McLeish reported unanimous support of Appropriation Committee. Questions were addressed from the members. 8:08 p.m. 8(c) —Presentation by Lester Savage, Chair, Leary Property Task Force Deborah Mauger reported unanimous support of Selectmen. David Kanter requested this section be divided out for voting separately. Mr: Kanter �� reported unanimous opposition of Capital Expenditures Committee., Susan McLeish reported unanimous support of Appropriation Committee. � Richard Canale,pr.9,reported unanimous support of Planning Board � Joyce Miller, Conservation Commission, spoke on concerns and role of LexHAB. � Citizens spoke in opposition,presented concerns on building density and accessibility. Members questioned proposed survey, possible number of units to be constructed,,preservation of Leary farmhouse, and funding sources. Members spoke in support and opposition, questioned future involvement by town meeting. � Planning Director 1Vlaryann McCall-Taylor explained allowable development types and procedures. Selectman Deborah Mauger explained although Selectmen � may be able to take action without Town Meeting that would be unlikely. 8:49 p.m. Selectman Deborah Mauger reported the agreement of the Selectmen that if for any reason more than 2 dwelling units were to be proposed the matter would be brought to Town Meeting. 8:56 p.m. Albert Zabin,pr.l, moved the question on part(c)now be put. Adopted. 8:58 p.m. Motion under Article 8 (c)—Not Adopted. 8:59 p.m. 8 (d) —Presentatzon by William Kennedy, LexHAB. Deborah Mauger reported unanimous support of Selectmen. .148 April 6, 2011 Adjourned Session of the 2011 Annual Town Meeting, cont. David Kanter reported unanimous support of Capital Expenditures Committee with a condition that the guidelines be included and offered a friendly amendnient. Richard Canale reported unanimous support of Planning Board. 9:12 p.m. The Moderator called for a recess. 9:26 p.m. With the Meeting back in session, David Kanter,pr.7,moved the following amendment to section 8(d): AMENDMENT: After `Housing Acquisition', add" , subj ect to the Guidelines for the LTse of CPA Funding by LexHAB, approved February 17, 2011, " 9:27 p.m. Wendy�Manz,pr9,reported the Community Preservation Committee is . willing to accept this as a friendly amendment. 9:26 p.m. William Kennedy reported LexHAB had no objection to the amendment. 9:28 p.m. Selectman Deborah Mauger reported unanimous support of Selectmen. 9:28 p.m. David Kanter reported the support of the Capital Expenditures Committee; • Susan McLeish reported the support of Appropriation Committee. Richard Canale,pr.9,reported 3-1 support of the Planning Board. 9:29 p.m. The Moderator agreed to divide out section 8(D) . 9:30 p.m. Amendment to 8(d)Adopted. 9:31 p.m. William Kennedy responded to questions on affordable housing units and Wendy Manz explained routine maintenance of existing housing units does not qualify for Community Preservation Act funding. 9:36 p.m. William Kennedy further responded to questions on housing preference for persons with Lexington connections,units on the `40B list' and state regulations requiring lotteries. 9:39 p.m. Motion, as amended, under Article 8(d) -Adopted. 9:40 p.m. Charles Lamb,pr.4, served notice of reconsideration of Article 8(d). 9:40 p.m. 8 (e) -Presentation by David Pinsonneault, Department of Public Works. Deborah Mauger reported unanimous support of Selectmen for 8 (e) & (�. David Kanter reported unanimous support of 8 (e) and support of 8(�, with a minority opposed to the fountain. � Susan McLeish reported unanimous support of Appropriation Committee. �- Richard Canale reported unanimous support of Planning Board. 9:43 p.m. 8(fl -Presentation by David Pinsonneault, Department of Public Works. Susan 1VIcLeish reported unanimous support of Appropriation Committee. Richard Canale reported support of Planning Board. 9:45 p.m. David Pinsonneault responded to questions on specific work to be funded under Article 8(�. 9:47 p.m. 8(� -Presented by Richard DeAngelis, Recreation Commrttee � Deborah Mauger reported unanimous support of Selectmen. David Kanter reported unanimous support of Capital Expenditures Committee. Susan McLeish reported unanimous support of Appropriation Committee: Richard Canale reported support of Planning Board. ' Mary Ann Stewart reported unanimous support of School Committee. 9:50 p.m. 8(h) - David Kanter reported support for postponement by Capital Expenditures Committee. 9:51 p.m. 8(i)-Presented by Housing Authority Executive Director Steven Keane. Deborah Mauger reported unanimous support of Selectmen. David Kanter reported unanimous support of Capital Expenditures Committee. Susan McLeish reported unanimous support of Appropriation Committee. Richard Canale reported unanimous support of Planning ' Board for 8(I,j,lc, l). 9:52 p.m. Steven Keane responded to questions on drainage at Vynebrooke Village. .- 9:54 p.m. 8(j,k,Z) -Presented by Wendy Manz. Deborah Mauger reported unanimous support of Selectmen. � David Kanter reported unanimous support of Capital Expenditures Committee. Susan McLeish reported unanimous support of Appropriation Committee. 9:56 p.m. Selectman Hank Manz responded to questions on possible future town � meeting votes on the Busa Farm project. 9:57 p.m. Ephraim Weiss,pr.5,moved part 8(i)be voted separately. Not Adopted. 9:58 p.m. Following a voice vote on Article 8, excluding parts c & d, the Moderator declared the Motion Adopted Unanimously. 9:58 p.m. Charles Lamb,pr.4, served notice of reconsideration of Article 8, excluding parts c & d. - _ _______-- _ _ __ ._ � ___ __-- _. _. _ ___ _ 1-4�9 � April 6, 201 i Adjourned Session of the 2011 Annual Town Meeting, cont. 9:58 p.m. Presented by Alan Seferian,pr.8. ARTICLE 17: REDUCE COMMUNITY PRESERVATION ACT(CPA�SURCHARGE (Citizen Article) MOTION:That the Town amend its acceptance of Sections 3 to 7, inclusive, of Chapter 44B of the General Laws, (otherwise known as the Massachusetts Community Preservation Act),to reduce the surcharge � from 3%of the annual real estate tax levy to 1% of that levy,to be applied to assessment of taxes beginning in fiscal year 2013 (or as soon thereafter �, as CPA reserves and collections are sufficient to fund current CPA 4 , obligations and as permitted under state law), said amendment to become � effective only upon the affirmative vote of a majority of Lexington voters at a regular election. 9:58 p.m. Mr. Seferian reviewed requested action. 10:07 p.m. Wendy Manz reported the opposition of the Community Preservation Committee. 10:12 p.m. Selectman Peter Kelley reported unanimous opposition of Selectmen. 10:14 p.m. Richard Canale reported unanimous opposition of Planning Board 10:17 p.m. Charles Lamb reported unanimous opposition of Capital Expenditures Committee. 10:24 p.m. Joseph Pato reported opposition of Appropriation Committee (8-1). 10:30 p.m. Frank Kern reported the opposition of the Historical Commission. 10:33 p.m. Stewart Kennedy reported unanimous opposition of Conservation Commission. 10:35 p.m. Members spoke in support and opposition, and questioned impact on funded projects if the motion were to be adopted. CPC Chair Wendy Manz and Finance Director Robert Addelson responded. 10:44 p.m. Members discussed ballot question requirements, procedures, and role of Town Meeting. �'� 11:03 p.m. Dawn McKenna,pr.6, called the question. Motion Adopted. 11:03 p.m. Mr. Seferian summarized. '�--� 11:06 p.m. Following a voice vote on Article 17, the Moderato�declared the motion Not Adopted. 11:07 p.m. Selectman Hank Manz moved the meeting be adjourned until Monday, April 11, 2011 at 7:30 p.m., Cary Ha11. Motion Adopted. A true copy. . Attest: Donna M. Hooper, Town Clerk ..�......................................................................� April ll,2011 Adjourned Session of the 2011 Annual Town Meeting The seventh session of the 2011 Annual Town Meeting was called to order by Moderator Deborah J. Brown at 7:30 p.m., Monday,April 11, 201 l, Cary Memorial Hall; a quorum of 162 present. ARTICLE 2: ELECTION OF DEPUTY MODERATOR AND REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES � 7:35 p.m. Charles Lamb,pr.4, moved the Supplemental Report of the �-- - Gapital�Expenditures Committee be Received and Placed on file. ' Adopted Unanimously. Mr. Lamb reported. 7:35 p.m. Presented by William Kennedy,pr.9. ARTICLE 14: STREET ACCEPTANCE—FRANCES ROAD (Citizen Article) � MOTIQN: To establish as a Town way and accept the layout of Frances Road, a distance of 660 feet,more or Iess, from Deering Avenue northerly to Eastern Avenue, as laid out by the Selectmen and shown upon a plan dated February 10, 201 l, on file in the office of the Town Clerk, ' subject to the assessment of betterments;to authorize the Selectrnen to take by eminent domain,purchase or otherwise acquire any fee, easement or other interest in the land necessary therefor;to appropriate$200,000 for 150 April 11, 2011 Adjourned Session of the 2011 Annual Town Meeting, cont. � such acquisition and such street the construction of a public road and related facilities and improvements in the layout of Frances Road, with all or a portion of the costs therefor subject to the assessment of betterments by the Boarcl of Selectmen; and to raise such amount 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. Petitioner Daniel DiPietro, 3 Frances Road, spoke to the motion. � 7:37 p.m. Peter Kelley reported unanimous support of Selectmen. � Charles Hornig reported unanimous support of Planning Board. � Richard Neumeier reported unaYumous support of Plamm�g Board �, David Kanter reported support(4-1) of Capital Expenditures Committee 7:38 p.m. Motion DeclaredAdopted by more than the necessary two-thirds vote. 7:39 p.m. Charles Lamb served notice of reconsideration of Article 14. 7:39 p.m. Presented by Patrick Mehr,pr.3. ARTICLE 37:. COMIVVI�RCIAL ASSESSMENTS (Citizen Article) 1VIOTION: That the following resolution be adopted: WHEREAS local assessors must"determine the fair cash valuation" of each property(1VIGL Chapter 59, section 2A(a)) according to "rules,regulations and guidelines" established, and revised from time to time,by the Department of Revenue (DOR) (MGL Chapter 58, section 1); WHEREAS a commercial property's market value in most cases increases . immediately after Town Meeting approves an up-zoning requested by the property owner; WHEREAS the Lexington Assessors, applying existing regulations af the DOR, have generally not increased the assessments of up-zoned commercial properties to ,reflect any increased market value following an up-zoning unless and until actual constxuction occurs (as in the case of 1075 Waltham St, up-zoned in 2005 and 95 Hayden Ave,up-zoned in 2009); and WHEREAS more prompt recognition of increased value resulting from up- �' . zonings would benefit the Town by qualifying as "new growth" ("A parcel would � qualify as�FYl l tax base growth if a zoning change [...] during calendar year 2009 —' results in an increase in its FYl l assessed valuation over its FY10 valuation."DOR Informational Guideline Release No. 10-402); � THEREFORE,BE IT RESOLVED that the Lexington Town Meeting: calls upon the Commissioner of Revenue to develop rules,regulations and guidelines for local assessors to recognize increased value resulting from an up-zoning granted at the request of a property owner;requests the Legislature's . Joint Committee on Revenue to w�rk with the Commissioner of Revenue to develop said rules, regulations and guidelines as soon as possible; asks the Lexington Planning Boaxd to require in its regulations regarding applications for re- zonings (particul�arly §175-71B(9) of the Code of Lexington)that the Fiscal Impact �analysis include an estimate by a real estate appraiser licensed by the Massachusetts Division of Professional Licensure of the anticipated immediate change in market value of the property, should the zoning change applied for be granted; and requests the Town Clerk to transmit this resolution to the Legislature's Joint Committee on Revenue,to the Commissioner of Revenue and to the Lexington Planning Board. 7:39 p.m. Mr. Mehr reviewed requested action. 7:46 p.m. Selectnian Hank Manz requested William Jackson, Chairman, Board of ' Assessors,be recognized. �--, Assessor Edmund Crrant reported he would be recusing liimself from I voting on Article 37. ,� Assessor William Jackson reported the unanimous opposition of the Board � of Assessors (absent Mr. Grant). 7:50 p.m. Hank Manz reported unanimous oppositiori of Selectxnen. 7:51 p.m. Joseph Pato reported the Appropriation Committee recommends clisapproval. 7:59 p.m. Members spoke in support and opposition, questioning property assessment procedures, challenges, and timelines. Mr. Jackson responded to questions. 8:14 p.m. Sheldon Spector,pr.6, called the question.Adopted. _— - __. __ _ _ __ ---_ --_-- _ _ _ _--- __-- . _ _ _ _ � ____ . _ _ _ . , - - 1�1 April I1, 2011 Adjourned Session of the 2011 Annual Town Meeting, cont. 8:15 p.m. Mr. Mehr suminarized. 8:17 p.m. Motion under Article 37 Not Adopted. 8:18 p.m. Preserited by Patrick Mehr,pr.3. ARTICLE 38: RESIDENTIAL ASSESSMENTS (Citizen Article) MOTION: That the following resolution be adopted: � , WHEREAS local assessors must"determine the fair cash valua.tion"of each properiy(MGL Chapter 59, section 2A(a)) according to "rules,regulations and guidelines" established, and revised from time to time, by the Department of Revenue (DOR) (MGL Chapter 58, section 1); , , WHEREAS a number of single-family houses sold in Lexington for$1,500,000 or more are assessed at a lower proportion of the time-adjusted sale price than single-family houses sold at lower prices; and WHEREAS current DOR guidelines used to ensure that assessments correlate .equitably with market sales across a range of market values do not adequately reveal distortions at the highest end of the market because they require assessors to group single-family house sales each calendar year in only four sets of equal number of sales,by ascending sale price. THEREFORE, BE IT RESOLVED that the Lexington Town Meeting: calls upon the Commissioner of Revenue to update its rules,regulations and guidelines for local assessors on how to assess single-family houses, in order to ensure that such assessments better capture the fair mazket value of all houses sold �for over$1,500,000 than under the current methodology; and requests the Legislature's Joint Committee on Revenue to work with the Commissioner of Revenue.to update said rules,regulations and guidelines as soon as possible; requests the Town Clerk to transmit this resolution to the Legislature's Joint � Committee on Revenue and to the Commissioner of Revenue. 8:18 p.m. Mr. Mehr reviewed requested action. 8:27 p.m. Selectnian Chairman Hank Manz requested Chairman William Jackson, Board of Assessors,be recognized. Mr. Jackson reported the unanimous opposition of the Board of Assessors. � 8:30 p.m. Hank Manz reported unanimous opposition of Selectmen. 8:31 p.m. Alan Levine reported the opposition of a majority of the Appropriation � Committee to the motion and process. 8:35 p.m. Hank Manz responded to questions on the resolution and explained the obj ection. 8:36 p.m. Members spoke in opposition and questioned assessments and recent ' sales. Mr. Jackson responded. 8:41 p.m. Motion Not Adopted.' . 8:42 p.m. Presented by Mary Ann Stewart,pr.l. (continuation from April 4 meeting) ARTICLE 13: 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) Bridge and Bowman Schools Renovation Design, Development and Engineering —$280,000 for the cost of architectural and engineering services for planning the reconstruction of the Bridge and Bowman Schools, said sums to be expended under the direction of the Permanent Building Committee, and that to meet this appropriation the Treasurer,with the approval of the Board of Selectmen, is authorized to borrow$280,000 under M.G.L. Chapter 44, Section 7, or any other enabling.authority. b) Estabrook School Feasibility and Related Street Access Improvements: i. Estabrook School Feasibility Study- $1,050,000 for a feasibility study to study the deficiencies arid determine the appropriate solution for the Estabrook School located at 117 Grove Street, said sum to be expended under the dixection of the Perma.�ent Building Committee, and to meet said appropriation the Treasurer,with the approval of the Board of Selectmen, is authorized to borrow said sum under M.G.L. Chapter 44, , ��.or any other enabling authority;that the Town of Lexington acknowledges that the Massachusetts School Building Authoriiy's ("MSBA") grant program is a non-entitlement, discretionary program based on need, as determined by the MSBA, and any costs the Town 152 April 11, 2011 Adjourned Session of the 2011 Annual Town Meeting, cont. .incurs in excess of any grant approved by and received from the MSBA � shall be the sole responsibility of the Town, and that the amount of borrowing authorized pursuant to this vote sha11 be reduced by any grant amount set forth in the Feasibility Study Agreement that may be executed between the Town and the MSBA. ii. .Estabrook School Related Street Access Improvements - $100,000 for See design and engineering of right-of-way modifications and upgrading of Reconsideration Robinson Road to current code, and that to meet this appropriation the ofApril 11, 20�� .Treasurer,with the approval of the Board of Selectmen, is authorized to �- re: 93(b)(ii): borrow$100,000 under M.G.L. Chapter 44, Section 7, or any other enabling authority. c) School Building Envelope and System- $300,000 for school building envelope and system repairs and that to meet this appropriation$300,000 be raised from the � general fund unreserved fund balance. d) School Improvement Projects—$645,000 for reconstructing and making extraordinary repairs to.school buildings, including design and engineering, and all incidenta.l costs related thereto, and that to meet this appropriation$320,000 be � raised from the general fund unreserved fund balance 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. e) School Paving Improvements - $125,000 for installing and paving a sidewalk and parking area, 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. fl Lexington High School Roof Repair- $998,000 for making e�raordinary repairs � to the roofing at Lexington High School, 251 Waltham Street,which repair project would materially extend the useful life of the school and preserve an asset that otherwise is capable of supporting the required educational program, said sum to be expended under the direction of the Department of Public Facilities, � and to meet said appropriation the Treasurer,with the approval of the Board of Selectmen, is authorized to borrow said sum under M.G.L. Chapter 44, or any ' � other enabling authority;that the Town of Lexington acknowledges that the Massacliusetts School Building Authority's ("MSBA") grant program is a non- entitlement, discretionary program based on need, as determined by the MSBA, and any costs the Town incurs in excess of any grant approved by and received from tlie MSBA shall be the sole responsibility of the Town;provided further that any grant that Lexington may receive from the MSBA for the project shall not exceed the lesser of(1) 33.95% of eligible, approved project costs, as determined by the MSBA, or(2)the total maximum grant amount determined by the MSBA; and that the amount of borrowing authorized pursuant to this vote shall be . reduced by any grant amount set forth in the Project Funding Agreement that may be executed between the Town and the MSBA. g) School Playground E�pansion- $75,000 for expanding and equipping the playground, and a11 incidental costs related thereto, and that to meet this appropriation the Treasurer,with the approval of the Board of Selectmen, is authorized to borrow$75,000 under M.G.L. Chapter 44, Section 7, or any other enabling authority. h) School Paving�Program- $50,000 for maintaining school parking and paved pedestrian surfaces, and that to meet this appropriation$50,000 be raised from the general fund unreserved fund balance. i) Diamond Middle School Extraordinary Repair- $75,000 for making repairs to the portable classrooms, and that to meet this appropriation$75,000 be raised from ---� the general fund unreserved fund balance. j) Municipal Building Envelope and Systems - $165,572 for design, construction, repair and replacement projects for the maintenance and upgrade of municipal buildingS and systems, and that to meet this appropriation, $165,572 be raised in the tax levy. � k) Repair of Fire Station Floor- $450,000 for making extraordinary repairs to the Fire Headquarters floor, 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$450,000 under 1VI.G.L. Chapter 44, Section 7, or any other enabling authority. 1) Library Material Handling System Design- $100,000 for designing and installing a material handling system for Cary Memorial Library, and that to meet this appropriation$100,000 be raised from the general fund unreserved fund balance. . _- --__- -____ ____ __ ___ i . _ _ __.. _ _ _ __ .__ _ _ __ _ _ _ _ __--- ,__-- _____ ___ , . 1.�3 April 11, 2011 Adjourned Session of the 2011 Annual Town Meeting, cont. 8:42 p.m. Article 13,subpart(fl: . Mary Ann Stewart reported unanimous support of the School Committee. George Burnell reported unanimous support of Selectmen. Ted Edson reported unanimous support of Capital Expenditures � Committee. Alan Levine reported unanimous support of Appropriation Committee. 8:46 p.m. Article 13, subpart(�Adopted Unanimously. Charles Lamb served notice of reconsideration of Article 13, subpart(�. 8:47 p.m. Article 13,subparts (c-e,g-l): __, Mary Ann Stewart reported unanimous support of School Committee for subpart(c). George�Burnell reported unanimous support of Selectmen. Ted Edson reported unanimous support of Capital Expenditures Committee. Robert Cohen reported unanimous support of Appropriation Committee. Discussion ensued on subparts of Article 13. 8:55 p.m. Mary Ann Stewart reported unanimous support of School Committee for subpart(1). Members questioned the different elements and funding purposes. 9:02 p.m. Article 13, subparts (c, d, e, g, h, i,j, k, l) declared Adopted Unanzmously. Charles Lamb served notice of reconsideration of Article 13, subparts (c, d, e, g,h, i,j, k, l). 9:03 p.m. Michael McGuirk,pr.2, gave notice of intent to move reconsideration of Article 13 (b) (ii)., 9:05 p.m. Dan Fenn,pr.3, moved reconsideration ofArticle 4. 9:08 p.m. Deborah Mauger reported opposition of Selectmen for reconsideration. 9:08 p.m. Capital Expenditures and Appropriation Committees had nothing to report. Members spoke in support of and opposition to reconsideration. 9:20 p.m. Marc Saint Louis,pr.6, called the question on reconsideration. Adopted. 9:21 p.m. Dan Fenn,pr.3, summarized . 9:24 p.m. The Moderator called for a standing vote,tallied as follows: Pct 1 2 3 4 5 6 7 8 9 AL Total YES 8 1 7 7 8 6 2 6 10 7 62 . NO � 4 8 5 8 7 13 15 8 6 12 86 With 62 voting in the affirmative and 86 in the negative,the Moderator declared the motion to reconsider Article 4 Not Adopted. 9:29 p.m. Presented by Selectman Hank Manz. ARTICLE 24: AMEND FY 2011 OPERATING AND ENTERPRISE FUNDS MOTION: That the following amounts be appropriated to the following line items for the current fiscal year's budget as approved under Article ' 4 of the 2010 Annual Town Meeting and subsequently amended under Article 2 of the 2010 Special Fall Town Meeting, and that said amounts be transferred from the following sources: LINE ITEM PROGRAM FROM TO � 2130 Employee insurance $ 25,029,861 $24,964,861 2140 Unempioyment $ 198,600 $ 258,600 3100-3500 . Public Works Personal Services $ 3,330,924 $ 3,451,947 , 3100-3�500 Public Works Ex enses $ 5,084,029 $ 5,205,052 6100-6200 Human Services Ex enses $ 110,575 $ 115,575 and,further that$242,046 be appropriated from the General Fund Unreserved Fund Balance. 9:30 p.m. Town Manager Carl Valente reviewed requested action. 9:32 p.m. John Bartenstein reported unanimous support of Appropriation Committee. Hank Manz reported unanimous support of Selectmen. 9:32 p.m. Motion Adopted Unanimously. �54 . April 11, 2011 Adjourned Session of the 2011 Annual Town Meeting,.cont. 9:32 p.m. Presented by Selectman Hank Manz. ARTICLE 25: APPROPRIATE FOR AUTHORIZED CAPITAL IlVIPROVEMENTS . MOTION: That this article be indefinitely postponed. 9:32 p.m. Charles Lamb reported support of Appropriation Committee. 9:33 p.m. Motzon Adopted Unanimously. Following a brief recess Deputy Moderator Deborah Strod called the Meeting to order. 9:50 p.m. Nlichael McGuirk,pr. 2, moved reconsideration of Article 13 (b)(ii). , 9:53 p.m. The Selectmen reported 3 members in support of reconsideration and 2 in opposition. Glenn Parker reported the Appropriation Committee took no position, Charles Lamb Reported the Capital Expenditures Committee (4-0) supported reconsideration. Mary Ann Stewart,pr.l, guestioned new information to support reconsideration. Mr. McGuirk reviewed his reasoning for bringing forth motion to reconsider at this time. Members spoke in support and opposition to reconsideration, questioning Robinson Road as Estabrook School access entry. 10:12 p.m. Richard Neumeier,pr.3,moved the question. Adopted 10:13 p.m. Mr. McGuirk summarized his motion for reconsideration. 1 Q:15 p.m. The Moderator called for a standing vote,tallied as follows: Pct 1 2 3 4 5 6 7 8 9 AL Total YES 9 6 6 8 11 7 10 7 7 8 79 NO � 3 5 7 6 4 10 7 8 4 14 68 With 79 voting in the affirmative and 68 in the negative,the Moderator declared the motion to reconsider Article 13 (b)(ii)Adopted. 10:21 p:rn. Michael McGuirk,pr.2, moved: Al�ZENDMENT: The main motion under Article 13 (b) (ii)be amended by deleting the words"Robinson Road' and replacing them with"Estabrook School Site �-, access" and to delete the dollar amount"$100,000" and replace it with"$200,000". , � b) Estabrook School Feasibiliiy and Related Street Access Improvements: i. Esta.brook School Feasibility Study- $1,050,000 for a feasibility study to study the deficiencies and determine the appropriate solution for the Estabrook School located at 117 Grove Street, said sum to be expended � �under the direction of the Permanent Building Committee, and to meet said appropriation�the Treasurer,with the approval of the Board of .Selectmen,is authorized to borrow said sum under M.G.L. Chapter 44, . or any other enabling authority;that the Town of Lexington acknowledges that the Massachusetts School Building Authority's ("MSBA") grant program is a non-entitlement, discretionary program based on need, as determined by the 1VISBA, and any costs the Town . incurs in excess of any grant approved by and received from the MSBA shall be the sole responsibility of the Town, and that the amount of borrowing authorized pursuant to this vote shall be reduced by any grant .amount set forth in the Feasibility Study Agreement that may be executed between the Town and the MSBA. ii. Estabrook School Related Street Access Improvements - $100,000 for design and engineering of right-of-way modifications and upgrading of Robinson Road to current code, and that to meet this appropriation the � Treasurer,with the approval of the Board of Selectrnen, is authorized to � borrow$100,000 under M.G.L. Chapter 44, Section 7, or any other enabling authority. 10:21 p.m. Glenn Parker;pr.9,reported the opposition of the Appropriation Committee (7-1). Charles Lamb,pr.4,reported support of the Capital Expenditures Committee (4-0). 10:22 p.m. Selectman Hank Manz reported support of Selectmen(3-2) � School Committee Chair Mary Ann Stewart questioned Mr. McGuirk. 10:23 p.m. Members spoke in support and opposition, questioned egress and accessibility issues, required setbacks,road takings, and nonconforming issues. 10:41 p.m. Joseph Pato,pr.2,moved to table discussion until April 13�'. ' Motion to Table Not Adopted. _ ___ ---- ---_ _ _ _ _ � __ ___. _ __ ._ _. ____ _ _ _ __ _ �---- --_____--- � /5� . . � � . April 11, 2011 Adjourned Session of the 2011 Annual Town Meeting, cont. - 10:45 p.m. Members spoke in support and opposition, questioned use of funds from ' the original motion, and potential access from Grove Street. 10:57 p.m. Motion to Amend the Amendment—Friendly Amendment proposed AMENDMENT: To add"in both places"at the end of the amendment. 11:00 p.m. Peter Enrich,pr.4,moved the question. Adopted. 11:00 p.m. Motion to Amend the Amendment-Adopted. 11:03 p.m. School Committee Chairman Mary Ann Stewart raised state funding issues in regards to the motions. � 11:04 p.m. Edith Sandy,pr.6,moved: to extend debate %Z hour. Not Adopted 11-:06 p.m. Article 13 (b)(ii)Amendment—Adopted � 11:06 p.m. Article 13 (b)(ii) Motion As Amended Declared Adopted by more than the necessary two-thirds vote. 11:09 p.m. Selectman Hank Manz moved the 2011 Annual Town Meeting be �dissolved. MotionAdopted. � A true copy: Attest: ��1 Ul Donna M. Hooper, Town Clerk ., , .- . ; i� � � 2011 Special Town Meeting November 14,2011 (See Warrant File for Warrant) � ' The Special Town Meeting of Monday,November 14, 2011 was called to order by Moderator Deborah J. Brown at 7:30 p.m., Cary Memorial Hall; a quorum of 166 present. Town Clerk Donna M. Hooper read the Warrant for the Meeting until waived. The Town Clerk read the Constable's Return of the Warrant. The Moderator, outlined procedural matters. 7:40 p.m. The Moderator declared the meeting open under Article 1 for the meeting's duration.. ARTICLE 1: REPORTS OF COD�INIITTEES j 7:41 p.m. Appropriation Comtnittee Cha.irman Glenn Parker moved the report of the Appropriation Committee be received and placed on file. Unanimously Adopted. Capital Expenditures Committee Chairman Charles Lamb moved the report of the Capital Expenditures Committee be received and placed on file. Unanimously Adopted. Mr. Lamb commented briefly. 7:42 p.m. School Committee Chair Mary Ann Stewart moved the report of the School Committee be received and placed on file. Adopted. Ms. Stewart reported on the Esta.brook School building project. 7:42 p.m. Presented by Mary Ann Stewart, School Committee Chairperson ARTICLE 2: APPROPRIATE FOR BRIDGE AND BOWMAN SCHOOL RECONSTRUCTION MOTION: That the Town appropriate$21,670,000 to pay costs of remodeling, reconstructing and making extraordinary repairs to the Bridge and Bowman Schools, located at 55 Middleby Road and 9 Philip Road,respectively, including the payment.of costs of ' architectural and engineering services, original equipment and landscaping,paving and other site improvements incidental or directly related to such remodeling,reconstruction or repair; that to meet this appropriation,the Treasurer,with the approval of the Selectmen, is authorized to borrow$21,670,000 under and pursuant to Chapter 70B and/or Chapter 44, � Section 7(3A) of the General Laws, or pursuant to any other enabling authority, and to issue bonds:or notes of the Town therefor,provided that no sums shall be borrowed or expended pursuant to this vote unless the Town shall have voted to exclude the amou.nts needed to repay any borrowing pursuant to this vote from the limitations on the properiy tax levy imposed by Chapter 59, Section 21C of the General Laws (otherwise known as Proposition 2 %2). Ms. Stewart reported unanimous support(5-0) of the School Committee. David Kanter reported unanimous support of the Capital Expenditures Committee Alan Levine reported unanimous stxpport of the Appropriation Committee. 8:03 p.m. Selectman Norman Cohen spoke in support and reported the support of the Board of Selectmen on a vote of 4 in favor and 1 opposed. Jonathan Himmel, Chair of the Permanent Building Comxnittee, spoke in support 8:07 p.m. Kevin Johnson, South Lexington Civic Association, spoke in support. 8:10 p.m. Patrick Goddard, Director of Public Facilities,responded to questions on sustainable energy in the reconstruction of the buildings. 8:12 p.m. Selectman Peter Kelley briefly reviewed his opposition. � 8:13 p.m. Following a voice vote the Moderator declared the MOTION ADOPTED by more than the necessary two-thirds vote. 8:14 p.m. Selectman George Burnell moved the report of the Town Manager be received and placed on file. Adopted Unanimously. Selectman Hank Manz requested the Moderator recognize Town Manager Carl Valente. Town Manager Valente reported. 8:23 p.m. Presented�by Se�ectman Hank Manz. ARTICLE 3: APPROPRIATE FOR FIRE COMMUNICATION SYSTEM MOTION: That the Town appropriate $180,000 to upgrade the Fire Communication System, and to meet this appropriation$180,000 be raised in the tax lew. : _ __ .--- - -.__-� - - �_ _ -----_ _ _ _ _ 157 _ November 14, 2011 Special Town Meeting, cont... Mr. Manz reviewed requested action and reported the unanimous support of the Board of Selectmen. Charles Lamb reported unanimous support of the Capita.l Expenditures Committee: 8:26 p.m. Richard Neumeier reported unanimous support of the Appropriation Committee: 8:28 p.m. Interim Fire Chief Keith Hoyle responded to questions on coordination of communication systems, disassembly of the fire alarm system,placement of equipment in school buildings,backup power supply systems, and system implementation requirements. 8:36 p.m. John Hayward;pr.5,moved the question now be put. Motion Adopted 8:36 p.m. Following a voice vote the Moderator declared the MOTION ADOPTED. 8:37 p.m. Presented by Selectman Deborah Mauger. ARTICLE 4: AMEND FY2012 OPERATING AND ENTERPRISE FUND BUDGETS MOTION: a) That the appropriations authorized under Article 4 of the 2011 Ailnual Town Meeting be amended as follows: Line Item Descri tion From To 2130 Em lo ee Insurance $ 25 267 080 $ 24 017 080 2300 Reserve Fund $ 550 000 $ 900 000 2400 Public Facilities $ 9,237,967 $ 9,274,367 3100-3500 DPW-October Storm $ - $ 200,000 4200 Fire Expenses $ 596,810 $ 656,810 6000 Human Services Personal Services $ 341,914 $ 371,914 6000 Human Services Expenses $ 120,155 $ 220,155 7100 . Community Development Personal Services $ 969,573 $ 971,373 7100 Community Development Expenses $ 143,822 $ 148,822 8200 Town Manager Expenses $ 245,750 $ 265,750 8400 Finance Expenses $ 385,844 $ 435,844 8500 Town Clerk Personal Services $ 299,789 $ 300,789 8500 Town Clerk Expenses � $ 102;350 $ 121,350 r.�. b) That the following amounts be appropriated to the following line items for the current ( fiscal year's water enterprise fund budget as approved under Article 5(a) of the 2011 , Annual Town Meeting and that said amounts be funded from Water Fund r�ceipts: Line Item Descri tion From To 3600 Debt Service $ 1,202;906 $ 1,258 968 3600 MWRA Assessment $ 5,012,091 $ 5,049,999 and;that the$450,000 of water fund retained earnings appropriated at the 2011 annual � town meeting to support the FY2012 water enterprise fund budget be supplemented with an additional appropriation of$200,000 of water fund retained earnings. - c) That the following amounts be appropriated to the following line items for the current ��•fiscal yeax's wastewater enterprise fund budget as approved under Article 5(b) of the � �2011 Annual Town Meeting and that said amounts be funded from Wastewater Fund receipts: Line Item Descri tion From To 3700 Debt Service $ 683,223 $ 879,713 3700 MWRA Assessment $ 6,866,826 $ 6,802,875 Ms. iVlauger reported the unanimous support of the Board of Selectmen. Glenn Parker reported the support of the Appropriation Coxnxnittee for all except line 8200. 8:39 p.m: Town Manager Carl Valente responded to questions regarding available funds and health care cost projections. ; 8:45 p.m. Town Manager Carl Valente responded to questions on funding a full-time Veteran's Agent. � � Mr. Christian Kulikoski, State Service Officer for�iie Veterans of Fore�gn Wars—Massachusetts, spoke from the audience regarding tlie need fo:st��port of a:full-time Ve�eran's Agent. 8:50 p.m. Members spoke in support, and questioned line 6000 expenses, and line 8400 expenses. 8:57 p.m. Following a voice vote the Moderator declared the MOTIQN IJNANIMOUSLY ADOPTED. `n,�58 . November 14, 2011 Special Town Meeting, cont... , 8:58 p.m. Presented by Selectrnan George Burnell. ARTICLE 5: ESTABLISH AND APPROPRIATE TO SPECIALIZED STABILIZATION FUNDS MOTION: That appropriations to the following stabilization funds be made from the sources and in the amounts specified: a) $10,500 be appropriated to the Transportation Demand Management/Public Transportation Stabilization Fund, and to meet this appropriation$10,500 be transferred from the Transportation Demand Management special revenue account, and � b) $28,500 be appropriated to the Traffic Mitigation Stabilization Fund, and to meet this �r-� appropriation$28,500 be transferred from the Traffic Mitigation special revenue �--J account, and c) $378,305.59 be appropriated to the Avalon Bay School Enrollment Mitigation Fund, and to meet this appropriation$378,305.59 be transferred from the Avalon Bay School Enrollment Mitigation special revenue account. Mr. Burnell reported the unanimous support of the Board of Selectmen. Eric Michelson reported unanimous support of the Appropriation Committee. David Kanter reported unanimous support of the Capital Expenditures Committee. Mary Ann Stewart reported the School Committee took no position. 9:00 p.m. Following a voice vote the Moderator declared the MOTION IJNANIMOUSLY ADOPTED. 9:01 p.m. Presented by Selectman Hank Manz. ARTICLE 6: APPROPRIATE TO THE STABILIZATION FUND MOTION: That this article be indefinitely postponed. , David Kanter reported unanimous support of the Capital Expenditures Committee. 9:02 p.m. Following a voice vote the Moderator declared the MOTION UNANIMOUSLY ADOPTED. 9:03 p.m. Presented by�Selectman Peter Kelley. ARTICLE 7: APPROPRIATE FOR AUTHORIZED CAPITAL IMPROVEMEI�TS MOTION: Tha�the following appropriations be made from the s6urces and in the amounts specified: . a) in addition to the $100,000 previously appropriated under Article 8h of the 2010 Annual Town Meeting, $35,000 be appropriated for the Cary Library Archives Preservation, and that to meet this appropriation$35,000 be appropriated from the Historic Resources Reserve of the Community Preservation Fund; and b) in addition to the $125,000 previously appropriated under Article 13e of the 2011 Annual Town Meeting,that$65,000 be appropriated for Clarke Middle School Paving project and that to meet this appropriation$65,000 be raised in the tax levy. Selectman Kelley reported unanimous support of the Board of Selectmen. David Kanter reported unanimous support of Capital Expenditures Committee for parts a&b. Eric Michelson reported unanimous support of Appropriation committee. Mary Ann Stewart reported the School Committee took no position. Wendy Manz reported unanimous support of the Community Preservation Committee for part a. 9:08 p.m. Following a voice vote the Moderator declared the MOTION UNANIMOUSLY ADOPTED. 9:08 p.m. S�lectman Hank Manz moved the November 14, 2011 Special Town Meeting be dissolved. MOTION UNANIMOUOSLY ADOPTED. A true copy. Attest: �'�.-�1�`�! 1 �, Donna M. Hooper, Town Cl k ___ i _-- _ _ -._ _ - _. _ _ ___ ,____--- -- ___ 1:�9 December 31, 201� Reprecincting Impact on Town Meeting Members for 2092 Town Election Precinct 2-Robert W. Cunha(exp. 2012), 10 Stevens Rd-to precinct 1, George Zachary Orlov (exp. 2012), 33 Taft Ave-to precinct 1; Precinct 3-Robert N. Cohen (exP. 2012),°10 Grassland St-to precinct 4; James M. Shaw(exp. 2012), 676 Waltham St-to precinct 2; Peter B. Lee (exp. 2013), 770 Waltham St-to precinct 2; Richard L. Neumeier(exp. 2013), 2 Pitcairn PI-to precinct 2; . _ The unexpired terms (exp. 2012) of Mr. Neumeier and Mr. Lee will appear on the ballot for the March 6, 2012 Annual Town Election for precinct 3 Town Meeting . Remova/s: Precinct 6 Town Meeting Member Marc Antoine Saint Louis, 10 Adams St(exp. !''—" 2014) removed from Precinct 6 effective January 12, 2012. Mr. St. Louis' unexpired term will be Ifilled by the candidate receiving the highest number of votes as a defeated candidate for Town Meeting from precinct 6 at the March 6, 2012 Annual Town Election. SPECIAL ELECTION (SEE WARRANT F1LE) TUESDAY, JANUARY 24, 2012 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Tuesday, January 24, 2012 at 7:00 a.m. The following places were designated as the voting places for the various precincts: Precinct One, Cary Memorial Building; Precinct Two, Bowman School; Precinct Three, Jonas Clarke ' Middle School; Precinct Four, Bridge School; Precinct Five, Cary Memorial Building; Precinct Six, William Diamond Middle School; Precinct Seven, Joseph Estabrook School; Precinct Eight, Samuel Hadley Public Services Building; Precinct Nine, Maria Hastings School The election officers, serving both half and full days, and Wardens of the various precincts were assigned for duty as follows: Precinct 1: Richard Pemberton [U], Warden; Barry Sampson [U], Clerk; Richard Spillane [U], Edwina Spillane [U], Doris Pembe.rton [U], Jeanette Cerulli [D], William Barrett [R], Eileen McAlduff[U], Carol Sampson [U]. Precinct 2: Richard Eaton [U], Warden; Susanne Hays [U], Co-Clerk, Katherine O'Sullivan [U], Co-Clerk; Ann Anderson [D], Dorothy Bond [U], Arline Burns [U], Robert Hartshorn [D], Marita r-° Hartshom [Dj, Claire Martin [U], Margaret Ouellette[D]. ; Precinct 3: Shirley Frawley [D], Warden; Faith Fenske [U], Clerk; Maarib Bauaz [D], Ann Canter [D], Macia Griffin [U], Stacey Hamilton [D], Elizabeth McLaughlin [U], Sandra Natale [U], - Edward Natale[UJ, Mary Ellen Turner[D]. Precinct 4: Renee I�eynolds [D], Watden; Evangeline Puopolo [U], .Clerk; Beverly Aker [U], Gloria Curran [U], Mary Devoe [U], Ann Mary Dunn [U], Dana Regillo [U], Adrian Reynolds [D];. Eleanor Smith [UJ. Precinct 5: Marie Hill [U], Warden; Josephine Bailey [U], Clerk; Christine Hill [D], Donna Keane [U], Julie Miller[U], Lorraine Setterlund [Uj, Ephraim Weiss [D], Martha Wood [Dj. Precinct 6: Dorothy Boggia [U], Warden; Ann Webster [U], Clerk; Anne Conceison [U], Charles Freeman [R], Margaret Freeman [U], J. David MacLellan [U], Gerald McGrath [U), Arlene Ellen McGrath (U], Sheldon Spector[U], Elizabeth Sullivan [D], Marie Sullivan [U]. Precinct 7: Alice Pierce [D],Warden; Margaret Bradley[D], Co-Clerk; Linda Dixon [U], Co-Clerk; Joel Adler [U[, Mabel Amar [D], Mary Ayvazian [D], Isabelle. Bennett [R], Mary Burnell [U], Charlotte Ford [D], Pamela Marshall [D], Jane Trudeau [D]. Precinct 8: Chet Webster [U], Warden; Amy Rubin [D], Co-Clerk; Barbara Perrotta [Uj, Co- Clerk; Elinor Bettencourt[R], Ann Diamond [U], Anthony Montagna [U], Anne O'Neill [U], Charles Price[U]. Precinct 9: Kathleen Burns [U], Warden; Elaine Quinlan [U], Co-Clerk; Clark Schuler [U], Co- Clerk, Dorothy Bolduc [U], Francine Edwards [D], Harry Farrington [U], Carol Flynn [U], Anne Frymer(U], Mary Gillespie [D], Edgar Knudson [D], Sheryl Mason [U], Dale Pease [U], Elizabeth Weiss[U]. The election officers were sworn to the faithful pertormance of their tluties. The polls were declared open in each precinct at seven o'clock A.M. and remained open until eight o'clock P.M., at which time, after due notice, the polls were declared closed. �-�-- Total of 21,435 re istered voters eli ible to vote as of Janua 4, 2012. __ Pct. Registered Democrat Green- Republican Unenro�led Other Voters �Rainbow 1 2134 847 1 194 1085 7 2 2483 1053 6 210 1211 3 3 2126 835 1 235 1047 8 4 2502 1045 . 1 224 1225 7 5 2635 1016 2 299 1314 4 6 2475 985 1 319 1163 7 7 �2415 923 3 236. 1247 6 8 � 2316 882 1 242 1183 8 _ 9 2349 829 1 255 1257 7 Total 21435 8415 17 2214 10732 57 .J'v�R'`-- i- . 1�j� Special Election—January 24, 2012, cont.... Election results were delivered to the Town Clerk at the Town Office Building. 27% of the registered voters cast their vote. The Town Clerk canvassed the results as follows: ABSENTEE BALLOT BREAKDOWN Applications Ballots Timely Ballots Returned Late/Not Ballots Pct Processed Returned Retumed/Re'ected Counted 1 11 11 0 11 2 27 23 4 23 3 • 35 28 7 28 4 42 39 3 39 5 28 24 4 24 �--. ,. 6 34 28 6 28 7 30 28 2 28 � 8 30 25 5 25 �`' 9 34 29 5 29 Totals 271 235 36 235 ELECTION RESULTS: Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL Total Registered Voters 2134 2483 2126 2502 2635 2475 2415 2316 2349 21435 Total Votes 458 793 420 749 598 695 781 604 628 5726 Percent 21% 32% 20% 30% 23% 28% 32% 26% 27% 27% QUESTION 1 � Shall th'e Town of Lexington be allowed to exempt from the provisions of Proposition finro and one-half, so-called, the amounts required to pay for the bond issued in order to pay the costs of remodeling, reconstructing and making extraordinary repairs to the Bridge and Bowman Schools, including the payment of costs of architectural and engineering services, original equipment and landscaping, paving and other site improvements incidental or directly related to such•remodeling, reconstruction or repair? Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL YES 252 594 306 514 331 445 546 393 375 3756 NO 205 196 112 . 232 267 247 224 209 253 1945 ,- BLANKS 1 3 2 3 0 3 11 2 0 25 QUESTION 2 . Shall the Town of Lexington be allowed to exempt from the provisions of Proposition two and one-half, so called, the amount required to pay forthe bond issued in order to pay for planning, constructing, originally equipping and furnishing a new Estabrook School on the current Estabrook School site, including the payment of costs of architectural and engineering services, playground and athletic fields, paving, other site improvements incidental or directly related to the project? Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL YES 269 626 320 564 366 515 625 438 417 4140 NO 189 165 98 182 230 178 154 165 209 1570 BLANKS 0 2 2 � 3 2 2� 2 1 2 16 A frue copy. • Attest: ��1/b'l.�— Donna M. Hooper, Town CI k . ,� � _ _ _ _ _ - -- - _ ___ _ --__.__-,___— ___. __. ��.: ;�,. Town of Lexington — Presidential Primary— March 6, 2012 (SEE WARRANT FILE for Warrant) in pursuance of the foregoing warrant, the legal voters of the Town of Lexington met at 7:00 a.m. in their respective voting places in said town, Tuesday, March 6, 2012. The following places were designated as the voting places for#he various precincts: Precinct One, Cary Memorial Building; Precinct Two, Bowman School; Precinct Three, Jonas Clarke Middle School; Precinct Four, Bridge School; Precinct Five, Cary Memorial Building; Precinct Six, William Diamond Middle School; Precinct Seven, Joseph Estabrook School; Precinct Eight, Samuel Hadley Public Services Building; Precinct Nine, Maria Hastings School. . The election officers and Wardens were assigned for duty as follows: �, Precinct 1: Warden: Richard Pemberton [UJ; Clerks: Barry Sampson [U], Richard Spillane [U] ; � Inspectors: William Barrett[R], Marion Barry[D] Doris Pemberton [U], Edwina Spillane[U], Verna Thayer[U], Jeanette Cerulli [D], Eileen McAlduff[U], Carolyn Crowell[U], Carol Sampson [U]. Precinct 2: Warden: Rebecca Fagan Gorospe[U]; Clerks: Susanne Hays[U], Richard Eaton [U]; Inspectors: Ann Anderson [D], Dorothy.Bond [U],Arline Burns[U], Robert Hartshom [D]; Marita Hartshorn [D], Claire Martin [U], Katherine O'Sullivan [Uj, MaryEllen Turner[D], Margaret Ouellette[D]. Precinct 3: Warden: Faith Fenske[U]; Clerks: Elaine Quinlan [Uj, William Frawley[D]; Inspectors: Joel Adler[U], Samuel Berman [D],Ann Diamond [UJ, Theresa Leslie [U], Elizabeth McLaughlin [U], Sandra Natale [UJ, Edward Natale[U], Ann Canter[Dj, Maria Griffin [U], Laura Welby[U]. Precinct 4: Warden: Shirley Rauson Frawley[D]; Clerks: Amy Rubin [D], Evangeline Puopolo [U]; Inspectors: Gloria Curran [U], Eleanor Smith [U], Dana Regillo[U], Francine C. Edwards [Dj, Ann Mary Dunn [U], John Yanakis[U] , S. Bijan Afshartous[D], Raya Gildor[U], Nancy Hubert [Dj, Virginia Weinberger[U]. Precinct 5: Warden: Marie Hill [U]; Clerks: Josephine Bailey[U], Donna Keane [U]; Inspectors: Mara Bohn [D], Judy Cooper[D], Joan Granger[U], Christine Hill[D], Arlene McGrath [U], Gerald McGrath [Uj, Lorraine Setterlund [U], Marie Sullivan [U], Linda Cohen [U], Gloria Holland [U]. Precinct 6; Warden: Dorothy Boggia[U]; Clerks: Ann Webster(U], Chet Webster[U]; - Inspectors: Susan Folger[U], Charlotte Ford [D], Joann Gschwendtner[U], Jane Flalverson [Uj, Francine Stieglitz[D], Robert Warshawer[U], Charles Price[U], Constance Cooper[Dj, Richard r" Bair[D], Elizabeth Sullivan [D], E.Ashley Rooney[D], D. Peter Lund [R]. Precinct 7: Warden:Alice Pierce[Dj; Clerks: Linda Dixon [Uj, Margaret Bradley[D]; Inspectors: � " Mabel Amar[D], Mary Ayvazian [D], Isabell Bennett[R], J. David Maclellan [U], Martha Wood [D], Anne Frymer[U], Jane Trudeau [D], Mary Burnell [Uj, Christine Amer[D], Pamela Marshall [D]. Precinct 8: Wardens: Renee Reynolds[D], Leo Chudigian (U]; Clerk: Judith Chudigian [U]; Inspectors: Adrian Reynolds [D], Anne O'Neill[U], Salvatore Casella [D], Elinor Bettencourt[Rj, Barbara Perrotta[U], Anthony Montagna[U], Julie Miller[U], Barbara Manuel [U], Joaquim Manuel [Uj. Precinct 9: Warden: Shirley Ament-Bergey[Dj; Clerk: Clark Schuler[U]; Inspectors: Harry Farrington [UJ, Mary Gillespie[Dj, Edgar Knudson [Dj, Angela Marcucci [U], Louis Mula[D], ` William Riccio[U], Judith Schuler[Uj, porothy Bolduc[U]; Dale Pease[Uj, Jean Shanahan [U], Elizabeth Weiss [U], Sandra Gasbarro[U]. The election officers were sworn to the faithful performance of their duties. The polls were declared open in each precinct at seven o'clock A.M. and remained open until eight o'clock p.m., at which time, after due notice, the polls were declared closed. Election results were delivered to the Town Clerk at'the Town Office Building. 23% of the registered voters cast their vote. The Town Clerk tallied the results as follows: ABSENTEE BALLOT BREAKDOWN Ballots Not Applications Processed Returned/ ('''� Late/Undeliverabl Ballots IPct In Person Mail e/Re'ected Counted �` � �� 16 5 22 _ 2 15 24 19 28 3 94 47 93 48 4 11 98 6 23 5 g �2 5 15 6 � ' 20 6 21 7 6 2� 5 22 $ 2 22 5 19 9 9 24 3 30 Totals 83 2p4 59 228 � 2 3 4 5 6 7 8 9 Total Total Voters 2135 2503 2127 2514 2646 2482 2415 2328 2370 21,520 Total Votes 414 563 514 560 547 595 554 628 613 4988 Tu�llout 19% 22% 24% 22% 21% 24% 23% 27% 26% 23% :,-: `: ��2 Presidentia/Primary-Tuesday,March 6,2012,cont..: � Total of 21,520 re istered voters eli ible to vote as of Februa 15, 2012. Precinct 1 2 3 4 5 6 7 8 9 Total TotalReg. 2135 2503 2127 2514 2646 2482 2415 2328 2370 21,520 Democrat 843 1058 837 1040 1016 980 923 882 836 8,415 Republican 195 215 240 225 297 315 234 240 252 2,213 Green-Rainbow 1 6 1 2 2 1 3 1 2 19 Unenrolled 1090 1221 1041 1241 1328 1179 1249 1196 1273. 10,818 AllOthers 6 3 8 6 3 7 6 9 7 55 REPUBLICAN PARTY Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL Total Reg Voters 2135 2503 2127 2514 2646 2482 2415 2328 2370 21520 Total Votes 199 250 229 272 285 310 280 281 334 2440 �- Total Registered Republicans 195 215 240 225 297 315 234 240 252 2213 Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL PRESIDENTIAL PREFERENCE Blanks 1 0 1 0 0 0 1 1 1 5 RON PAUL 18 29 26 30 28 19 30 25 36 241 MITT ROMNEY 153 173 160 197 218 241 200 204 249 1795 RICK PERRY 1 2 0 2 0 1 0 1 0 7 RICK SANTORUM 15 29 24 27 21 26 31 27 33 233 JON HUNTSMAN 2 6 3 4 2 6 8 5 5 41 MICHELE BACHMANN 0 0 2 � 0 1 0 1 1 0 5 NEWT GINRICH 9 8 12 10 13 15 9 11 5 92 NO PREFERENCE 0 . 1 1 2 1 2 0 5 4 16 ALL OTHERS 0 2 0 0 1 0 0 1 1 5 STATE COMMITTEE MAN-Fourth Middlesex(1,2,4-7) Blanks 107 128 .. 132 126 160 145 798 ANTHONY M.VENTRESCA 90 121 i 136 159 150 135 791 ALL OTHERS 2 1 4 0 0 0 7 STATE COMMITTEE MAN-Third Middlesex(3,8,9) Blanks 87 112 114 313 PETER DULCHINOS 32 54 69 " 155 ,� MICHAEL J. BENN 62 76 103 241 � FRANCIS XAVIER STANTON II ,: ': 47 ';, „ ', 39 47 133 All OTHERS 1 , „ . 0 1 2 "-"' STATE COMMITTEE WOMAN-Fourth Middlesex(1,2,4-7) Blanks 107 129 ' 132 132 159 141 ` 800 HELEN A. HATCH 91 120 ' 139 153 151 138 ; r 792 AIIOTHERS 1 1 1 0 0 1 4 STATE COMMITTEE WOMAN-Third Middlesex(3,8,9) Blanks 93 , 111 131 � 335 SANDI MARTINEZ 132 170 202 504 ALL OTHERS 4 0 1 5 TOWN COMMITTEE(21) Blanks 2621 3144 2775 3415 3540 3770 3834. 3859 4224 31182 GROUP JESSE F. SEGOVIA 79 99 97 114 124 137 96 100 146 992 JEANNE J. SEGOVIA 73 99 95 109 117 133 93 95 141 955 JESUS F. SEGOVIA, SR. 72 97 97 107 116 129 90 92 141 941 KAREN FERBER 68 99 103 106 110 128 100 92 130 936 CATHERINE G.WHITE 75 103 96 107 120 129 100' 99 128 957 BARBARA W. FUERY 74 115 98 107 115 137 100 91 130 967 FRANCIS G. FUERY 71 106 96 105 112 134 101 94 127 946 � MARY W. SINEK 71 103 96 110 116 131 100 94 130 951 LUANNA ELENA DEVENIS 68 92 94 106 108 125 91 91 122 897 LUANNA E. DEVENIS 69 93 89 104 107 125 89 89 122 887 ALAN V. SEFERIAN 79 99 97 112 122 135 96 106 138 984 HEIDI B. RESLOW 69 95 93 104 110 124 94 95 123 907 BRENDA BARRY TAYLOR 66 94 97 110 117 127 96 99 120 926 JEFFREY J. CRAMPTON 71 102 95 110 123 131 101 98 141 972 IANG JEON , 89 108 99 115 128 132 101 105 144 1021 JEAN H. BARRETT 79 101 96 107 114 128 99 98 127 949 WILLIAM J. BARRETT 85 103 97 104 123 130 99 97 130 968 SALLY LAWLOR 69 98 98 109 107 124 95 95 128 923 ANN H. MILLER 73 96 102 116 116 133 98 101 136 971 MARK S.TRAFICANTE 77 104 99 113 127 140 105 109 157 1031 MURIEL G.WARD 81 100 100 122 113 128 102 102 129 977 ---_ --- - _ - --- _ � _____ __. ____ __- _ _ _ _ __- ----- ,-------- --- 1-f 3 Presidentia/Primary—Tuesday,March 6,2012,cont... ' DEMOCRATIC PARTY Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL Totai Reg Voters 2135 2503 2127 2514 2646 2482 2415 2328 2370 21520 Total Votes 213 309 283 282 259 281 272 344 276 2519 Total Registered Democrats 843 1058 837 1040 1016 980 923 882 836 8415 Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL PRESIDENTIAL PREFERENCE BLANKS - 5 7 6 5 4 6 5 11 2 51 BARACK OBAMA 190 290 271 265 236 261 252 317 258 2340 NO PREFERENCE 15 8 6 11 16 10 14 13 12 105 � ; ALL OTHERS 3 4 0 1 3 4 1 3 4 23 STATE COMMITTEE MAN-Fourth Middlesex(1,2,4-7) BLANKS 58 93 89 � 73 89 64 `..' ' 466 ROBERT D. PETERS 154 216 ' 191 186 192 208 1147 ALL OTHERS 1 0 2 0 0 0 ' 3 STATE COMMITTEE MAN -Third Middlesex(3,8,9) - BLANKS ' 102 .. ! 123 90 315 ; ,. �: ; ' RONALD M.CORDES , 181 184 585 ALL OTHERS 0 1 2 3 STATE COMMITTEE WOMAN-Fourth Middlesex(1,2,4-7) BLANKS 55 98 . 91 69 84 83 ' 480 DEBORAH SIROTKIN BUTLER 157 211 ° 190 190 196 189 - 1133 ALL OTHERS � 1 0 1 0 1 0 ` " 3 STATE COMMITTEE WOMAN-Third Middlesex(3,8,9) BLANKS 97 119 82 298 JANET M. BEYER -' 186 193 603 ALL OTHERS 0 , 1 1 2 � TOWN COMMITTEE(35) � Blanks 3118 4930 4745 4162 4323 3943 3878 5829 4688 39616 �. . ALESSANDRO A.ALLESSANDRINI 126 191 145 180 131 173 165 182 148 1441 MABEL AMAR 119 157 136 152 . 124 159 161 170 134 1312 ROBERT M.AVALLONE 121 155 138 149 127 158 153 175 133 1309 BONNIE E. BRODNER 125 174 157 163 137 169 164 178 150 1417 MICHELLE CICCOLO 130 167 144 181 136 171 166 183 164 1442 MARGARET E. COPPE 131 191 168 194 147 182 185 205 184 1587 RACHEL F.CORTEZ 124 161 142 156 129 170 169 181 146 1378 THOMAS R. DIAZ 125 194 163 185 153 182 174 190 167 1533 IRENE M. DONDLEY 133 165 146 162 144 169 163 174 141 1397 PETER DAVID ENRICH 136 187 161 195 149 187 173 190 151 1529 SUSAN�SCHLEIGHT FOOTE 125 176 157 169 146 478 167 180 146 1444 RITA B. GOLDBERG 123 175 146 154 132 167 156 175 138 1366 STANLEY N.GRIFFITH 126 166 142 167 132 160 156 172 138 1359 ELISABETH R. HATFIELD 118 164 154 155 131 161 153 171 132 1339 MARGARET B. HEITZ 125 164 149 168 134 163 158 173 135 1369 GORDON M.JONES, III 114 153 134 153 122 158 150 163 131 1278 NOAH J. KAUFMAN 134 176 151 164 149 181 168 211 154 1488 ROBERT V. KEARNEY 120 157 137 149 128 161 158 169 134 1313 JEANNE K. KRIEGER 138 208 202 210 167 199 194 215 185 1718 MATTHEW R. LORD 118 155 139 149 126 160 154 171 130 1302 JUDITH L. PAPPO 126 168 151 168 138 169 159 170 141 1390 � JOSEPH N. PATO 118 165 140 151 130 166 156 166 134 1326 ROBERT D. PETERS 122 164 140 153 129 162 160 168 132 1330 �' � REGINA S. ROCKEFELLER 120 161 146 173 134 167 157 173 137 1368 JAMES M. SHAW 136 183 154 160 148 175 160 183 145 1444 SAM SILVERMAN 127 171 147 162 143. 180 159 176 138 1403 MARC ANTOINE SAINT LOUIS 122 154 139 152 132 159 152 168 133 1311 MELANIE A.THOMPSON 119 157' 141 153 132 162 155 166 129 1314 MERNA V.VICTOR 119 157 136 154 131 160 153 166 133 1309 MELINDA M.WALKER 121 162 145 163 135 170 159 180 135 1370 SARAH L.WARREN 120 159 141 156 129 168 158 171 134 1336 M. LORRAINE WEST 119 164 137 148 126 161 153 165 130 1303 EILEEN GORDON ZALISK 121 159 141 152 135 161 156 171 132 1328 MICHAEL J. BARRETT 120 168 158 157 132 166 161 194 147 1403 CHRISTIAN L. BOUTWELL 116 157 133 151 124 158 157 166 131 1293 ��4 Presidentia/Primary—Tuesday,March 6,2012,conf... GREEN-RAINBOW PARTY Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL Total Reg Voters 2135 2503 2127 2514 2646 2482 2415 2328 2370 21520 Total Votes 2 4 2 6 3 4 2 3: 3 29 Total Registered Green-Rainbow 1 6 1 2 2 1 3 1 2 19 Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL PRESIDENTIAL PREFERENCE BLANKS 0 0 0 0 0 0 0 0 0 0 KENT MESPLAY 0 0 0 0 0 1 0 1 0 2 JILL STEIN 1 4 2 6 2 2 2 2 2 23 HARLEY MIKKELSON 0 0 0 0 0 0 0 0 1 1 NO PREFERENCE 1 0 0 0 1 1 0 0 0 3 ALL OTHERS 0 0 0 0 0 0 0 0 0 0 STATE COMMITTEEMAN -Fourth Middlesex(1,2,4-7) BLANKS �2 3 �= - .� � 5 3 4 2 .:�•�- :� 19 � ALL OTHERS . 0 1 . 1 0 0 0 2 STATE COMMITTEE MAN-Third Middlesex(3,8,9) BLANKS 1 3 3 7 ALL OTHERS 1 , .,_ 0 0 1 STATE COMMITTEEWOMAN -Fourth Middlesex(1,2,4-7) BLANKS 1 3 6 3 4 2 : 19 ALL OTHERS 1 1 0 0 0 0 2 STATE COMMITTEEWOMAN -Third Middlesex(3,8,9) BLANKS 1 3 3 0 ALL OTHERS 1 0 0 TOWN COMMITTEE (10) BLANKS 20 40 19 60 30 40. 20 30 30 289 � ALL OTHERS 0 0 1 0 0 0 0 0 0 1 ....� A true copy. y�„ Attest: �� Donna M. Hooper, Town lerk .--, J --- _: --- ----- ---- _ i __ . _ _-- ---- - -___ __ __ _ __ ___---------,--___ _----_ __ 165 Town of Lexington —Annual Town Election — March 6, 2012 (SEE WARRANT FILE for Warrant) In pursuance of the foregoing warrant, the legal voters of the Town of Lexington met at 7:00 a.m. in their respective voting places in said town, Tuesday, March 6, 2012. � The following places were designated as the voting places for the various precincts: Precinct One, Cary Memorial Building; Precinct Two, Bowman School; Precinct Three, Jonas Clarke Middle School; Precinct Four, Bridge School; Precinct Five, Cary Memorial Building; Precinct Six, William Diamond Middle School; Precinct Seven, Joseph Estabrook School; Precincf Eight, Samuel Hadley Public Services Building; Precinct Nine, Maria Hastings SchooL � The election officers and Wardens were assigned for duty as follows: Precinct 1: Warden: Richard Pemberton [U]; Clerks: Barry Sampson [U], Richard Spillane [U] ; � - Inspectors: William Barrett[R], Marion Barry jD] Doris Pemberton [U], Edwina Spillane[U], Verna Thayer[U], Jeanette Cerulli [D], Eileen McAlduff[U], Carolyn Crowell [U], Carol Sampson [U]. Precinct 2: Warden: Rebecca Fagan Gorospe[U]; Clerks: Susanne Hays[U], Richard Eaton [U]; Inspectors: Ann Anderson [D], Dorothy Bond [U], Arline Burns [U], Robert Hartshorn [D], Marita Hartshorn [D], Claire Martin [U], Katherine O'Sullivan [U], MaryEllen Turner[D], Margaret Ouellette[D]. Precinct 3: Warden: Faith Fenske[U]; Clerks: Elaine Quinlan [U], William Frawley[D]; Inspectors: Joel Adler[U], Samuel Berman [D],Ann Diamond [U], Theresa Leslie [U], Elizabeth McLaughlin [U], Sandra Natale [U], Edward Natale [U], Ann Canter[D), Maria Griffin [U], Laura Welby [U]. Precinct 4: Warden: Shirley Rauson Frawley[D]; Clerks: Amy Rubin [D], Evangeline Puopolo [U]; Inspectors: Gloria Curran [U], Eleanor Smith [U], Dana Regillo[U], Francine C. Edwards[D], Ann Mary Dunn [U], John Yanakis[U] , S. Bijan Afshartous [D], Raya Gildor[U], Nancy Hubert [D], Virginia Weinberger[U]. Precinct 5: Warden: Marie Hill [U]; Clerks: Josephine Bailey[U], Donna Keane [U]; Inspectors: Mara Bohn [D], Judy Cooper[D], Joan Granger[U], Christine Hill [D], Arlene McGrath [U], Gerald McGrath [U], Lorraine Setterlund [U], Marie Sullivan [U], Linda Cohen [U], Gloria Holland [U]. Precinct 6: Warden: Dorothy Boggia[U]; Clerks: Ann Webster[U], Chet Webster(U]; Inspectors: Susan Folger[U], Charlotte Ford [Q], Joann Gschwendtner[U], Jane Halverson [U], Francine Stieglitz[D], Robert Warshawer[U], Charles Price[U], Constance Cooper[D], Richard Bair[D], Elizabeth Sullivan [D], E.Ashley Rooney[D], D. Peter Lund [R]. � Precinct 7: Warden: Alice Pierce [D]; Clerks: Linda Dixon [U], Margaret Bradley[D]; Inspectors: Mabel Amar[D], Mary�Ayvazian [D], Isabell Bennett[R], J. David Maclellan [U], Martha Wood [D], Anne Frymer[U], Jane Trudeau [Dj, Mary Burnell [U], Christine Amer[D], Pamela Marshall [D]. Precinct 8: Wardens: Renee Reynolds[D], Leo Chudigian [U]; Clerk: Judith Chudigian [U]; ` Inspectors: Adrian Reynolds[D], Anne O'Neill [U], Salvatore Casella[D], Elinor Bettencourt[R], Barbara Perrotta[U], Anthony Montagna[U], Julie Miller[U], Barbara Manuel [U], Joaquim Manuel [U]. Precinct 9: Warden: Shirley Ament-Bergey[D]; Clerk: Clark Schuler[U]; Inspectors: Harry Farrington [U], Mary Gillespie[D], Edgar Knudson [D], Angela Marcucci [U], Louis Mula [D], William Riccio [U], Judith Schuler[U], Dorothy Bolduc[U], Dale Pease [U], Jean Shanahan [U], Elizabeth Weiss[U], Sandra Gasbarro [U]. The election officers were sworn to the faithful pertormance of their duties. The polls were declared open in each precinct at seven o'clock A.M. and remained open until eight o'clock p.m., at which time, after due notice, the polls were declared closed. Election results were delivered to the Town Clerk at the Town Office Building. 24% of the registered uoters cast their vote. The Town Clerk tallied the results as follows: ABSENTEE BALLOT BREAKDOWN Ballots Not Applications Processed Total Returned/ � Ballots Late/Undeliverabl Ballots Pct In Person Mail Returned e/Rejected Counted �- 1 9 11 17 3 17 2 12 24 23 13 23 3 13 44 46 11 46 4 13 12 19 6 19 5 6 12 13 5 13 6 8 16 17 7 �7 7 6 21 17 10 17 8 4 19 16 7 16 9 9 24 26 7 26 Totals 80 183 194 69 194 ��V Annua!Town Election—Tuesday,March 6,2012,cont... Total of 21,520 re istered voters eli ible to vote as of Februa 15, 2012. Precinct 1 2 3 4 5 6 7 8 9 Total Total Reg. 2135 2503 2127 2514 2646 2482 2415 2328 2370 21,520 Democrat 843 1058 837 1040 1016 980 923 882 836 8,415 Republican 195 215 240 225 297 315 234 240 252 2,213 Green-Rainbow 1 6 1 2 2 1 3 1 2 19 Unenrolled 1090 1221 1041 1241 1328 1179 1249 1196 1273 10,818 AllOthers 6 3 8 6 3 7 6 9 7 55 TOWNWIDE OFFICES PCT 1 PCT 2 PCT 3 PCT 4 PCT 5 PCT 6 PCT 7 PCT 8 PCT 9 TOTAL .--� TOTAL VOTERS 2135 2503 2127 2514 2646 2482 2415 2328 2370 21,520 I TotalVotes 410 569 524 579 555 600 571 679 630 5117 J Percent 19% 23% 25% 23% 21% 24% 24% 29% 27% 24% SELECTMEN(Vote for ONE,for THREE Years) PCT 1 PCT 2 PCT 3 PCT 4 PCT 5 PCT 6 PCT 7 PCT 8 PCT 9 TOTAL PETER C.J.KELLEY 276 404 332 399 387 430 387 448 428 3491 Noah Coolidge 3 11 0 15 6 5 5 11 8 64 AllOthers 3 6 5 5 5 4 9 5 3 45 Blanks 128 148 187 160 157 161 170 215 191 1517 MODERATOR(Vote for ONE;for ONE Year) PCT 1 PCT 2 PCT 3 PCT 4 PCT 5 PCT 6 PCT 7 PCT 8 PCT 9 TOTAL DEBORAH J. BROWN 271 415 352 393 387 398 392 443 412 3463 AllOthers 1 3 1 0 1 2 6 3 3 20 Blanks 138 151 171 186 167 200 173 233 215 1634 SCHOOL COMMITTEE(Vote for TWO;for THREE Years) � PCT 1 PCT 2 PCT 3 PCT 4 PCT 5 PCT 6 PCT 7 PCT 8 ' PCT 9 TOTAL JESSIE STEIGERWALD 228 365 314 364 340 382 359 467 385 3204 MARY ANN STEWART • 231 350 316 326 315 337 329 354 328 2886 AllOthers 8 4 3 7 3 10 7 9 14 65 Blanks 353 419 415 461 452 471 447 528 533 4079 PLANNING BOARD(Vote for TWO;for THREE Years) PCT 1 PCT 2 PCT 3 PCT4 PCT 5 PCT 6 PCT 7 PCT 8 PCT 9 TOTAL RICHARD L. CANALE 207 358 319 331 290 357 324 384 389 2959 GREGORY L.C.ZURLO 199 329 279 295 313 321 303 358 300 2697 AllOthers 1 1 1 4 1 2 0 1 2 13 Blanks 413 450 449 528 506 520 515 615 569 4565 LEXINGTON HOUSING AUTHORITY(Vote for ONE,for FIVE Years) PCT 1 PCT 2 PCT 3 PCT 4 PCT 5 PCT 6 PCT 7 PCT 8 PCT 9 TOTAL DANIEL L. MCCABE 171 236 254 204 238 239 215 223 253 2033 WEIDONG WANG 166 247 192 297 222 284 260 360 267 2295 AllOthers 2 1 0 0 1 0 1 0 1 6 Blanks 71 85 78 78 94 77 95 96 109 783 TOWN MEETING MEMBERS (^' PRECINCT 1 —Seven for Three Years J Total Total *JOEL A.ADLER 215 "'JUDITH L.ZABW 213 *JEAN W.COLE 224 '`ERIC EID-REINER 212 *ROBERT W.CUNHA 213 Michael Anciello 1 *JOSEPH S.RANCATORE 240 Jessica Malafeew 1 "MARY ANN STEWART 206 Joel Moore 1 Lucy Wall 1 AlI 0thers 0 *elecfed for 3 years Blanks 1343 _____ ___ --- _ _ _- -_ _ _ _ __ __ - -- __ _ - _ _ __ ___ _ __ _ __ ,_ -- --- ---- _ 1.�7 Annual Town E/ection—Tuesday,March 6,2012,cont... PRECINCT 2—Seven for Three Years Totai Total *MARIAN A.O.COHEN 311 *JAMES S.WILSON 372 *KENNETH KREUTZIGER 301 Jonathan Kutrubes 1 *STEVEN A.KROPPER 302 Katherine 0'Sullivan 1 *PETER B.LEE 300 Kenneth Shine 1 *RICHARD L.NEUMEIER 290 Colleen Smith 1 *JAMES M.SHAW 338 William Smith 1 AlI 0thers 0 �elected for 3 years Blanks 1764 ,_... PRECINCT 3 — Seven for Three Years; Two for One Year Total Total *SAMUEL BERMAN 310 Judd Kline 2 �-� *ROSEMARY DONNIS LEVY 242 Loren Wood 2 *ROBERT ROTBERG 286 Lisa Boehm 1 *MICHAEL D.BLISS 256 John Davies 1 `SHIRLEY RAUSON FRAWLEY 266 John Giudice 1 *STACEY A.HAMILTON 250 Cornelia Johnson 1 **FRANKLIN E.SMITH 231 Margaret Lager 1 *MARGARET B.STORCH 244 Alex Nedzel 1 **Nancy L.Hubert 91 Michael J.Martignetti 51 All Others 0 *elected for 3 years;"""'e/ected for 1 year Blanks 2477 PRECINCT 4— Seven for Three Years Totai Total *GLORIA J.BLOOM 283 *ELLEN JO MCDONALD 286 *ROBERT N.COHEN 262 *JOHN M.PATRICK 288 *PETER DAVID ENRICH 312 *GERALD PAUL 276 *JILL I.HAI 272 Robert Zhao 2 DAVID J. HARRIS 239 Susan Kenyon 1 AlI 0thers 0 *elecfed for 3 years Blanks 1832 PRECINCT 5� Seven for Three Years Total Total *ELAINE DRATCH 335 *TAYLOR M.LAHIFF 271 ''JOHN HAYWARD 288 *MARC A.SAINT LOUIS 257 _ •*JAMES R.LOWRY 279 Jennifer Bergan6no 1 *SAM SILVERMAN 294 Pamela Lyons 1 *USA L.�SMITH 280 All Others *elecfed for 3 years Blanks PRECINCT 6 — Seven for Three Years Total Total *TODD J.CATALDO 334 Paul Chemick 2 *BEBE H.FALLICK 343 Mark Andersen 1 *EDMUND C.GRANT 350 Christian Boutwell 1 *JANE PAGETT 347 Marianne Lazarus 1 *EDITH SANDY 339 Tama Leventhal 1 *SHELDON A.SPECTOR 340 James Smith 1 *OSMAN BABSON 297 All Others 0 Howard Levingston 2 Blanks 1841 *elected for 3 years PRECINCT 7—Seven for Three Years Total Total *MARSHA E.BAKER 323 Philip Hamilton 5 *DONALD 0.BENSON 316 Edward Feinman 2 *JAMES E.GOELL 291 Arthur Daltas 1 *FRED H.MARTIN 315 Jacob Handwerker 1 `RAUL MARQUES-PASCUAL 293 Keith Hoffman 1 *JOHN D.POMPEO 296 David Needham 1 ' *Elizabeth A.Sarles 49 Jay Riflcin � `_: Frances Ludwig 10 Charles Wyman 1 AlI 0thers 0 *elected for 3 years Blanks 2091 PRECINCT 8 —Seven for Three Years Total Total *LARRY N.BELVIN 326 *JESSIE STEIGERWALD 383 "DIANE M.BIGLOW 328 *SHIRLEY H.STOLZ 280 WILLIAM HERRING 249 ANDREI RANDULESCU-BANU 227 *INGRID H. KLIMOFF 320 *WEIDONG WANG 390 *JAMES A.OSTEN 304 All Others p *elected for 3 years Blanks 1946 168 Annual Town E/ection—Tuesday,March 6,2012,cont... PRECINCT 9 —Seven for Three Years Total Total *NARAIN D.BHATIA 232 SHARON R.KENDALL 224 � *RICHARD L.CANALE 287 "LISA J.MAZERALL 318 . *HELEN L. COHEN 264 MARK R.VITUNIC 221 *MOLLIE K.GARBERG 244 *JUSTINE A.WIRTANEN '266 *WILLIAM P. KENNEDY 254 Douglas Luckerman 1 JANET M.PERRY 230 All Others 0 *elected for 3 years Blanks 1869 A true copy. �� Attest: Donna M. Hooper, wn Clerk With Precinct 3 and Precinct 7 having 1 fewer candidate for Town Meeting than positions to be elected on the March 6, 2012 Annual Town Election ballot, write-in votes for the following candidates were cast and acceptances for the position of Precinct 3 and Precinct 7 Town Meeting Member from these candidates have been filed with the Town Clerk as of March 13, 2012. Precinct 3: Nancy L. Hubert, 1010 Waltham St ��323 (1 year) , term to expire March 2013. Precinct 7: Elizabeth Anne Sarles, 36 Turning Mill Rd (3 years), term to expire March 2015. With the Precinct 6 Town Meeting vacancy caused by the removal of Marc Antoine Saint Louis from precinct 6, Paul Chernick (14 Somerset Rd) and Howard L. Levingston (358 N. Emerson°Rd) each received the highest number of votes as defeated write-in candidates at the March 6, 2012 Annual Town Election for precinct 6 Town Meeting. As of March 16, 2012 Mr. Levingston withdrew his name as a write-in candidate. As of March 21, 2012 Paul Chernick, 14 Somerset Rd, filed acceptance of the position of Precinct 6 Town Meeting member with the ` Town Clerk. Mr. Chernick's term will expire March 2013 at which time the remaining year• of the unexpired term (exp. 2014) will appear on the March 2013 Annual Town Election ballot. � ._.. -- � _ - ---- _ __ ____ _ _ - _ _ __ , . 169 2012 Annual Town Meeting . March 26,2012 (See Warrant File for Warrant) The first session of the 2012 Annual Town Meeting was called to order by Moderator Deborah J. Brown at 7:30 p.m.,Monday, March 26, 2012, Cary Memorial Ha11; a quorum of 178 present. The Lexington Minutemen, accompanied by the William Diamond Fife and Drum Corps, posted the colors. 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. ART�CLE 2: ELECTION OF DEPUTY MODERATOR AND REPORTS OF TOWN BOARDS, OFFICERS, CONIlVIITTEES The Moderator moved Rodney Cole be appointed Deputy Moderator far the duration of the meeting. Adopted Unanimously. 7:30 p.m. Moderator Deborah Brown called a recess for announcements of the Town Meeting Members Association at which recognition was given to members having served 30 and 40 years. 7:56 p.m. Moderator Deborah Brown called the meeting back to order and called for a moment of silence for deceased members Angela Frick, Donald Graham, Mary McDonough and Robert Whitman. The Moderator recognized the celebration of birthdays for Town Meeting Member Dan Fenn and former Moderator Margery Battin. ARTICLE 2: ELECTION OF DEPUTY MODERATOR AND REPORTS OF TOWN BOARDS, OFFICERS, CONINIITTEES 8:00 p.m. Selectman Hank Manz moved the Report of the Lexington 300�' Anniversary Celebration Committee of the Town Celebrations Committee,be received and � placed on file.� 8:02 p.m. Susan Rockwell and Tanya Morrisett, Lexington 300�'Anniversary Celebration Committee [subcommittee of Town Celebrations Coxnmittee] reported. 8:18 p.m. Selectman Hank Manz moved the report of the Cary Lecture Series Committee be received and placed on file and that the Committee be dissolved. Adopted Unanimously. Committee member Rita Goldberg reported. 8:22 p.m. Presented by Rita Goldberg. A.RTICLE 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. 8:24 p.m. Selectrnan Hank Manz moved Articles 27, 28, 29, and 30 be taken up. Motion Adopted. . 8:24 p.m. Presented by Selectman Hank Manz. ARTICLE 27: ESTABLISH QUALIFICATIONS FOR TAX DEFERRALS AND EXEMPTIONS ' MOTION: That this article be indefinitely postponed. 8:24 p.m. Mr. Manz explained indefinite postponement. 8:25 p.m. Adopted Unanimously. 8:26 p.m. Presented by Selectman Peter Kelley. - ARTICLE 28: ACCEPT MGL CHAPTER 200A SECTION 9A (Alternative Procedure for disposing of Abandoned Funds) MOTION: That the Town hereby accepts Section 9A of Chapter 200A of the Massachusetts General Laws. 8:26 p.m. Peter Kelley reviewed the importance of adoption for disposing of un- cashed checks issued by the town, and reported support of the Board of Selectmen. 8:28 p.m. Adopted Unanimously. 170 - March 26, 2012 Annual Town Meeting, cont... 8:28 p.m. Presented by Selectman Deborah Mauger. ARTICLE 29: ACCEPT MGL CHAPTER 40U(Municipal Fines) MOTION: That the Town hereby accepts Chapter 40U of the Massachusetts General � Laws,providing for enforcement of fines imposed for violations of municipal housing, c�',� sanitary and snow and ice removal requirements. �� 8:28 p.m. Ms. Mauger reported unanimous support of the Selectmen. ��' 8:30 p.m. Town Manager Carl Valente briefly reviewed situations when fines would � � be applicable. Adopted Unanimously. �� 8:31 p.m. Presented by Selectman Peter Kelley. �� ARTICLE 30: AMEND NON-CRINIINAL DISPOSITION BYLAW �b (Park and Recreation Facilities) � � MOTION: That this article be indefinitely postponed. c� 0 8:32 p.m. Adopted Unanimously �a 8:32 p.m. Selectman Hank Manz moved to take up articles 32 and 33. Adopted C+' N �0 8:33 p.m. Presented by Selectman Deborah Mauger. � � ARTICLE 32: AMEND GENERAL BYLAWS—DOG LICENSE LATE FEE �,� MOTION: That Section 9-2, Subsection B of the Code of the Town of Lexington � � ("Restraints of dogs required; Licenses")be amended by deleting the words "shall be �� assessed a fee of$25"and replacing them with the words"may be assessed a fee" and by ° ;; adding at the end of Section 9-2 a new sentence as follows: "All such fees shall be set in �a accordance with Chapter 40, Section §22F of the General Laws." Ms. Mauger moved the following amendment: AMENDMENT: Article 32 be amended by adding the following words after the words "of the General Laws", `,not to exceed$50" 8:33 p.m. Vote on Amendment—Adopted Unanimously. Ms. Mauger reported unanimous support of the Selectmen for Motion as axnended. Town Clerk Donna Hooper responded to a question legal authority to set fees,reporting MGL chapter 40, section 22F authorizes the setting of fees,not the amount. 8:38 p.m. Motion as amended Adopted Unanimously. � 8:38 p.m. Presented by Selectman Hank Manz. ARTICLE 33: APPROVE TOWN SEAL MOTION: 'That this article be indefinitely po.stponed. 8:38 p.m. Hank Manz explained reasons for postponement. 8:47 p.m. Adopted Unanimously. ARTICLE 2: ELECTION OF DEPUTY MODERATOR AND REPORTS OF TOWN BOARDS, OFFICERS, COMNIITTEES 8:47 p.m. Charles Lamb,pr.4,moved the report of the Capital Expenditures - Committee be received&placed on file. Adopted Unanimously. 8:56 p.m. Richard Canale,pr.9,moved the report of the Planning Board be received and placed on file. Adopted Unanimously. 9:00 p.m. Presented by Richard Canale,pr.9. ARTICLE 38: ACCEPT GIFT OF LAND—BETWEEN MUNROE CEMETERY AND BIKE TRAII, MOTION: That the Town vote to accept a gift of land shown as Parcel l on the property rights plan for the 1377 Massachusetts Avenue Definitive Subdivision approved by tlie Planning Board July 13, 2011, a copy of which is on file with the Town Clerk and the Planning Board. � 9:00 p.m. Richard Canale moved the report of the Planning Board on Article 38 be received and placed on file. Adopted Unanimously. � 9:06 p.m. Deborah Mauger reported the unanimous support of the Selectmen. 9:07 p.m. Town Counsel Kevin Batt explained any absence of the wording `for general � municipal purposes' deemed such. Adopted Unanimously. Moderator Deborah Brown reviewed articles to be taken up at the next session of the 2012 Annual Town Meeting—Articles 35, 36, and 37; Report of Town Manager and Report of Appropriation Committee. 9:10 p.m. Selectman Hank Manz moved the meeting be adjourned until 730 p.m., Wednesday, March 28, 2012, Cary Memorial Ha11. Adopted Unanimously. A lxue copy, �^ j Attest: .I�uC—Y g'�--��1t'�'� Donna M. Hooper, To' Clerk _ _ _ _ -- _ _ ___ _ _ _ _ � _ _— _ _ _ __ _ _ _ 171 . March 28,2012 Adjourned Session of the 2012 Annual Town Meeting The second session of the 2012 Arinual Town Meeting was called to order by Moderator Deborah J. Brown at 7:30 p.m., Wednesday,March 2012,Cary Memorial Ha11; a quorum of 169 present. Following a brief review of the evenings order a moment of silence was held for former Town Meeting Member Paul Riffm. 7:40 p.m. Selectman Hank Manz moved Articles 35, 36 & 37 be taken up. Adopted Unanimously. _ -� 7:40 p.m. Richard Canale moved the Planning Board reports for Articles 35, 36 & 37 be received and placed on file. Adopted Unanimously. 7:42 p.m. Mr. Canale reported on Articles 35, 3 & 37. 7:48 p.m. Jerold Michelson, Chair -Lexington Center Committee,reported unanimous support of articles 35, 36 & 37. 8:00 p.m. Presented by Richard�Canale,Planning Board � �� ARTICLE 35: AMEND ZONING BY-LAW,RESIDENTIAL USE IN THE CB ZONE � o MOTION: That the Zoning By-Laws of the Town be amended as set forth in the motion a � attached to the report of the Planning Board on this article, a copy of which is on file with the ro � Town Clerk and the Plannulg Board, and further that non-substantive changes to the numbering ��c of this bylaw be permitted in order that it be in compliance with the numbering format of the �. rt Code of Le�ngton. n � � � � � Planning Board Report-MOTION FOR ARTICLE 35 � `� That the Zoning Bylaw, Chapter 135 of the Code of the Town of Lexington, be amended as follows: o � r � N fD 1. In Part A of Table 1 "Permitted Uses and Development Standards," spiit the column labeled "CB � CLO° into two columns, and re-labei one column as "CB" and the other column as "CLO". All �' uses in the new CLO column will remain the same as previously allowed in the CB CLO column, � and all uses in the new CB column will remain the same as previously allowed in the CB CLO rt column, except as noted below. � 2. In Part A of Table 1 "Permitted Uses and Development Standards" delete"(Reserved)"from Line � 1.16 and replace it,with "Dwelling unit above the street level floor in a commercial or institutional � � building . Insert Y in the column labeled CB Zone and insert N in all other columns. � � So that the amended section of Table 1 will now a ear as follows: � Line RO RT RM RD* CN CRS CS CB CLO CRO CM ,� RS �* ro o' ... � n 1.16 Dwelling unit above N N N N N N N Y N N N ,� the street level floor in -� a commercial or N institutional buildin � � N 3. In Part B of Table 1 "Permitted Uses and Development Standards," Line 6.21, delete the V• sentence "A center store front is defined as the portion of the ground floor level of a building in the CB District that has frontage on a public way or a public parking lot." So that the amended Line 6.21 will now read as follows: Line CN CRS CS CB CLO CRO CM 6.2 Develo ment Standards 6.21 Office located on a street level floor(*In CB District, office shall not be permitted in a Y N N SP" Y Y Y � center store front. � 4. In Article II "Definitions°, insert the definition of"CENTER STORE FRONT" after the definition of "CELLAR". Said definition to read as follows: CENTER STORE FRONT—The portion of the ground floor level of a building in the CB District that has frontage on a public way or a public parking lot. 8:01 p.m. Seiectman George Burnell reported unanimous support of the Selectmen. 8:02 p.m. Richard Cana1e responded to members questioning parking for commercial and � residential use, occupancy, impact on school enrollment, affordability, and ownership . 172 March 28, 2012 Adjourned Session of the 2012 Annual Town Meeting; cont... 8:10 p.m. Members spoke in opposition and support, and questioned projection on increased economic development in Le�ngton Center. 8:23 p.m. Planning Board Members Richard Canale and Charles Hornig responded to questions on the coexistence of residential and commercial use and parking. 8:31 p.m. Mary Jo Bohart,Executive Director,Lexington Chamber of Commerce, spoke in support. 8:32 p.m. Comments in support and opposition continued. N 8:38 pm. Thomas Griffiths,pr.7, called the question. o Richard Michelson,pr.8, reported his abstaining from voting on articles 35, 36 & 37. N �- � 8:38 p.m. Motion on putting the main motion before the meeting Adopted � 8:39 p.m. Richard Canale summarized the motion and sought support. � 8:39 p.m. Article 35 declared adopted by more than the necessary two-thirds. � � 8:40 p.m. Presented by Richard Canale,Planning Board. �' A�TICLE 36: AMEND ZONING BY-LAW,HOME OCCUPATIONS IN CB ZONE � 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, a copy of which is on file with � the Town Clerk and the Planning Board, and further that non-substantive changes to the � numbering of this bylaw be permitted in order that it be in compliance with the numbering � format of the Code of Lexington. � � ,� PLANNING BOARD REPORT - MOTION FOR ARTICLE 36 � That the Zoning Bylaw, Chapter 135 of the Code of the Town of Lexington, be amended as foliows: � N � �'. ,� . � - . � � 1. In Part A of Table 1 "Permitted Uses and Development Standards," Line 1.24 under the column �, � labeled"CB", as created by action under Article 35, insert"Y'; � � 2. In Part A of Table 1 "Permitted Uses and Development Standards," Line 1.251 under the column o �, labeled°CB", as created by action under Article 35, insert"Y"; and � � 3. In Part A of Table 1 "Permitted Uses and Development Standards,'' Line 1.252 under the column �, labeled"CB", as created by action under Article 35, insert"Y." �,+.� aa a b �n So that the section of Table 1, as amended, will appear as follows: � � Line RO RT RM RD* CN CRS CS CB CLO CRO CM �°+ +� � RS a �n ao � a ... � 1.24 Home occupation,instruction I, Z, Y Sp y N N Y N N N (See§135-25.1) 1.251 Home occupation,minor(See I, Y y SP Y N N Y N N N §135-25.1) 1.252 Home occupation,major(See SP SP SP SP N N N Y N N N §135-25.1 4. In Article II "Definitions" delete the words "subject to a special permit" from the definition of HOME OCCUPATION, MAJOR so that the amended definition will now read as follows except « „ that the interlineated items are shown for illustrative purposes only to show deletion and will not appear in the Zoning Bylaw as amended under this motion: HOME OCCUPATION, MAJOR—A home occupation sa��++� � �r�-'.�! ��^'.�+with no more than one nonresident employee, partner, or contractor working on the premises; and no more than 10 business- related visitors to the premises over the course of a day. 8:41 p.m: Richard Canale reported Planning Board support 5-0. Selectman George Burnell reported unanimous support of the Selectmen. 8:41 p.m. Mary Jo Bohart,Executive Director, Lexington Chamber of Commerce,reported support of the Chamber of the micro enterprises. 8:42 p.m. Motion declared adopted by more than the necessary two-thirds. 8:43 p.m. Presented by Richard Canale,Planning Board. ARTICLE 37: AMEND ZOI�TING BY-LAW,HEIGHT IN THE CB ZONE 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, a copy of which is on file with the Town Clerk and the Planning Board, and further that non-substantive changes to the numbering of this bylaw be pernutted in order that it be in compliance with the numbering format of the Code of Lexington. Mr. Canale reported the support of the Planning Board on a vote of 5 in favor, zero opposed. George Burnell reported the support of the Selectmen on a vote of 3 in favor, 2 opposed. _ .___----_____----- ____ _ ___ _ _ _ � ____ _ _ 173 March 28, 2012 Adjourned Session of the 2012 Annual Town Meeting, cont... 8:44 p.m. Selectman Peter Kelley reported on his opposition. 8:48 p.m. � Richard Canale responded to question on parking. , 8:51 p.m. Mr. Silva, 9 Volunteer Way, spoke in opposition. 9:00 p.m. Members spoke in support and opposition. 9:07 p.m. Dan Fenn,pr. 3,questioned a change in zoning as opposed to reports of previous Center Committees. Mr. Fenn moved the following substitute motion: SUBSTITUTE MOTION: That Article 37 be referred back to the Planning Board for further siudy and with the hope that they will find a way to involve all the citizens of the town in that study. 9:12 p.m. Moderator Deborah Brown called a recess. 9:20 p.m. Moderator Deborah Brown called the meeting to order. 9:20 p.m. Planning Board Chairman Richard Canale reported the opposition of the Planning Board on a vote of 5 opp4sed and zero in favor. 9:22 p.m. Selectman Chairman Hank Manz reported the opposition of the Boaxd of Selectman on a vote of 3 opposed and 2 in favor. g:23 p.m. Richard Canale responded to questions on the Vision 2020 process,public involvement and collaboration. 9:24 p.m. Dan Fenn,pr.3, reported the need to be specific to get people involved. 9:26 p.m. Members spoke in support and opposition to the amendment/substitute motion. 9:29 p.m. David Kaufman,pr.6;called the Question. Motion Not Adopted. 9:30 p.m. Town Counsel Kevin Batt answered questions on procedures to returri to town meeting and reported if unfavorable action taken the article could be returned to town meeting with the Planning Board as gatekeeper. 9:36 p.m. Dan Fenn summarized the substitute motion. 9:38 p.m. Substitute Motion NotAdopted,with a vote of 69 in support and 92 in opposition,tallied as follows: 1 2 3 4 5 6 7 8 9 AL Total � Yes 10 5 6 9 8 9 8 4 6 4 69 No 6 7 11 9 7 9 11 11 10 11 92 9:44 p.m. Members continued to speak in favor and opposition to Article 37, questioning height, multiple street widths, shading&building mass, and jurisdiction of the Historic Districts Commission. Members of the Planning Board and Town Counsel Kevin Batt responded. 10:46 p.m. Steve Heinrich,pr.3;called the Question. Adopted. 10:50 pm. Following a standing vote on Article 37,the Motion Declared Not Adopted, on a vote of 71 in favor and 85 in opposition,tallied as follows: 1 2 3 4 5 6 7 8 9 AL Total Yes 3 5 7 8 1 7 10 10 8 12 71 No 11 5 9 10 14 11 9 5 7 4 85 10:51 p.m. Selectman Hank Manz moved the meeting be adjourned until completion of the Special Town Meeting Monday, April 2, 2012 Cary Hall, Cary Memorial Building. Adopted Unanimously. A true copy. Attest: � Donna M. Hooper, Town Clerk �:9�74 2012 Special Town Meeting April 2,2012 (See Warrant File for Warrant) The Special Town Meeting of Monday,Apri12, 2012 was called to order by Deputy Moderator Rodney Cole at 7:30 p.m., Cary Memorial Ha11; a quorum of 175 present. � Town Clerk Donna M. Hooper read the Warrant for the Meeting until waived. The Town Clerk read the Consta.ble's Return of the Warrant. The Moderator, outlined procedural matters. 7:35 p.m. Deputy Moderator Cole reviewed the evening's proceedings. 7:39 P.m. Deputy Moderator Cole declared arecess for presentations by Representative Jay " Kaufinan and school Principals Ms.Natalie Cohen and Dr. Ed Bouquillion recognizing graduating students from Lexington High School and Minuteman Career and Technical High - School. 8:00 p.m. declared the meeting open under Article 1 for the meeting's duration. ARTICLE 1: REPORTS OF COMMITTEES Mary Aiu1 Stewart, School Committee Chair,moved the report of the School Committee be received and placed on file. Unanimously Adopted - Glenn Parker, Appropriation Committee Chair, moved the report of the Appropriation Coxrunittee be received and placed on file. Unanimously Adopted William Hurley, Capital Expenditures Committee,moved the report of the Capital Expenditures Committee be received and placed on file. Unanimously Adopted Mary Ann Stewart moved the report of the Esta.brook School Access Ad Hoc Task Force be received and placed on file and requested the Moderator recognize Michelle Ciccolo to report. Ms. Ciccolo reported. Vote to receive the report Unanimously Adopted 8:17 p.m. Presented by Mary Ann Stewart,pct. 1. �-- ARTICLE 2: APPROPRIATE FOR NEW ESTAB1200K SCHOOL � - See _,J 1V�OTION: That the Town appropriate $39,724, 248 for the purpose of paying amendment costs of demolishing the existing Estabrook School and constructing, originally for revised equipping and furnishing a new Estabrook School to be located at 117 Grove amount authorized Street, including the payment of all costs incidental or related thereto (the "Project"),which school facility shall have an anticipated useful life as an educational facility for the instruction of school children for at least 50 years, and for which the.Town may be eligible for a grant from the Massachusetts School Building Authority("MSBA"), said amount to be expended under the direction of � the Permanent Building Committee. To meet this appropriation the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow said amount under M.G.L. Chapter 44, or pursuant to any other enabling authority. The Town acknowledges that the MSBA's grant program is a non-entitlement, discretionary program based on need, as determineci by the MSBA, and any project costs the Town incurs in excess of any grant approved by and received from the MSBA shall be the sole responsibility of the Town;provided further that any grant that the Town may receive from the MSBA for the Project sha11 not exceed the lesser of(1)thirty-seven and twenty-seven hundredths percent(37.27%) of eligible, approved project costs, as deterniined by the MSBA, or(2)the total maximum grant amount determined by the MSBA; and that the amount of borrowing authorized pursuant to this vote shall be reduced by any grant amount set forth in . the Project Funding Agreement that may be executed beiween thE Town and the ! MSBA. Ms. Stewart reviewed requested action and reported the School Committee's unanimous support. 8:20 p.m. Ms. Stewart requested the Moderator recognize Facilities Director Patrick Goddard and Kenneth DiNesco,DiNesco Design for a report on the proposed construction. Report Unanimously Adopted. � _ __ __ _ __ _- _ _ __ _ - -_ —__ _ ___ -,-__---___-- --.._ �;�� April 2, 2012 Special Town Meeting, cont... 8:48 p.m. Mary Ann Stewart moved the following amendment to correct typographicaUtransposition error in the motion: AMENDMENT: Amend the Motion by changing the figure $39,724,248 to $39,742,248. Amendment Unanimously Adopted. 8:49 p.m. Kenneth DiNesco, DiNesco Design responded to questions from members regarding energy efficiency. � � 8:54 p.m. William Hurley reported unanimous support of the Capital Expenditures r Coxrunittee. ��-- Glenn Parker reported unanimous support of the Appropriation Committee: Peter Kelley reported unanimous support of the Board of Selectmen 8:55 p.m. Facilities Director Patrick Goddard responded to questions regarding a.ir quality monitoring. Estabrook School Principal Sandra Trach responded to questions on programming needs and building�design. Kenneth DiNesco,DiNesco Design responded to questions on rooftop design, acoustics, building elevators,building square footage,building systems, and Code compliance. 9:27 p.m. John Hayward,pct. 5, called the question. Motion Unanimously Adopted . Article 2, as amended, declared Unanimously Adopted. 9:28 p.m. Selectrnan Hank Manz moved the April 2, 2012 Specia.l Town Meeting be dissolved. Motion Unanunously Adopted. A true copy. - Attest: �'�� .._, Donna M. Hooper, Town C erk � ---------------------------- ;, rhpril 2,2012 Adjourned Session of the 2012 Annual Town Meeting Following the dissolution ofthe Apri12, 2012 Special Town Meeting,the third session of the 2012 Annual Town Meeting was called to order by Moderator Deborah J. Brown at 9:29 p.m. Monday,Apri12, 2012, Cary Memorial Ha11; a quoruxn of 175 present. 9:30 p.m. Selectman Hank Manz moved the Report of Town Manager Carl Valente be received. Adopted Unanimously. 9:30 p.m. Town Manager Caxl Valente reported. 9:46 p.m. Glenn Parker,pr.9,moved the Report of the Appropriation Committee be - received and placed on file. Adopted Unanimously. Mr. Parker presented the report. 9:50 p.m. David Horton,pr.8,moved the report of the Minuteman School Superintendent Dr. Ed Bouquillion be received and placed on file. Adopted Unanimously. Dr. Bouquillion reported. 10:00 p.m. Presented by Selectman Hank Manz,read by Moderator Deborah Brown. ARTICLE 4: APPROPRIATE FOR FY2013 OPERATING BUDGET Moderator Deborah Brown se arated out line item 1200 for discussion and vote. 1200 Re ional School $1,407,979 � Mr. Manz reported unanimous support of the Selecixnen for line item 1200; Glenn Parker reported support of the Appropriation Committee. � Dr. Bouquillion responded to a question on healthcare expenses and providers. � 10:03 p.m. Line Item.1200 Adopted Unanimously. i`_, 10:04 p.m. MaryAnn Stewart moved the Report of the Superintendent be received& placed on file. Adopted Unanimously. Superintendent Dr. Paul Ash reported. 10:25 p.m. Moderator Deborah Brown summarized plans for articles to be discussed at the meeting of Apri14—Article 4, Article 8; Articles 12 & 17 to be held to Apri19. 10:28 p.m. Selectrnan Hank Manz moved the meeting be adjourned until 7:30 p.m., Wednesday,Apri14,2012, Cary Ha11, Cary Memorial Building: Adopted Unanimously. A true copy. � Attest: , �j�� ..;(. Donna M. Hooper, Town Clerk `;-1,,�7`6 April 4,2012 Adjourned Session of the 2012 Annual Town Meeting The fourth session of the 2012 Annual Town Meeting was called to order by Moderator Deborah J. Brown at 7:30 p.m. Wednesday, April 4, 2012, Cary Memorial Hall; a quorum of 172 present. 7:35 p.m. Moderator Deborah Brown called a recess for the presentation of the Sharyn Wong Chan and Sara Harrington diversity awards presented by Robert Harris, Lexington Public Schools. 7:45 p.m. Presented by Selectman Hank Manz and read by Moderator Deborah ��I Brown as a continuation from the April2nd meeting. ARTICLE 4: APPROPRIATE FY 2013 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 sha11 be provided by such transfer or other source. Program 1000:Education 1100 Lexington Public Schools Personal Services $ 64,481,249 Expenses $ 12,147,107 Total Line Item 1100,Lexington Public Schools $ 76,628,356 1200 Regional Schools $ 1,407,979 Pro�ram 2000: Shared Expenses 2110 Contributory Retirement $ 4,205,537 2120 Non-Contributory Retirement $ 12,400 2130 Employee Benefits $ 23,166,458 2140 Unemployment $ 290,000 '-� 2150 Workers Compensation* (MGL Ch 40, Sec. 13A& 13C) $ 608,333 2160 Property&Liability Insurance $ 630,000 '�` 2170 Uninsured Losses* (MGL Ch 40, Sec. 13) $ 125,000 2200 Debt Service 2210 Payment on Funded Debt (see amend of4-23-12) $ 4,367,186 2220 Interest on Funded Debt $ 695,716 2230 Temporary Borrowing $ 206,441 2300 Reserve Fund $ 900,000 2400 Public Facilities $ 9,431,663 . Program 3000:Public Works 3100-3500 DPW Personal Services $ 3,347,575 3100-3500 DPW Expenses $ 4,801,585 Program 4000:Public Safetv 4100 Law Enforcement Personal Services $ 5,363,781 4100 Law Enforcement Expenses $ 647,102 - 4200 Fire Personal Services $ 4,825,883 4200 Fire Expenses $ 627,500 Program 5000: Culture&Recrearion S 100 Library Personal Services $ 1,803,785 5100 Library Expenses $ 251 976 , Pro�ram 6000:Human Services 6000 Human Services Personal Services $ 488,637 6000 Human Services Expenses $ 703 092 � _.___ --- -__ __ -- ___ _ __ � ___ _ _ _ __ — - __ _ _ -_ . _--- -� - - 177 Pro�ram 7000:Communitv Development 7100 Comm.Devel.Personal Services $ 1,032,111 7100 Comm.Devel.Expenses $ 175,708 7200 Planning Personal Services $ 259,469 7200 Planning Expenses $ 34,850 7300 Economic Devel.Personal Services $ 89,473 7300 Economic Devel.Expenses $ 31 800 � Pro�ram 8000: General Government _ � 8110 Selectmen Personal Services $ 100,464 `�" 8110 Selectmen Expenses $ 118 475 , 8120 Legal $ 400,000 8130 Town Report $ 7,500 8210-8220 Town Manager Personal Services $ 598,856 8210-8220 Town Manager Expenses $ 248,150 8230 Salary Transfer Account* $ 765,978 8310 Financial Committees $ 7,500 8320 Misc.Boards and Committees $ 14,500 8330 Public Celebrations Committee $ 34,000 8400 Finance Personal Services $ 1,181,923 8400 Finance Expenses $ 400,145 8500 Town Clerk Personal Services $ 323,030 8500 Town Clerk Expenses $ 111,525 8600 MIS Personal Services $ 342,855 8600 MIS Expenses $ 565,425 $ 335,000 from the Parking Meter Fund for line-items 3100-3500 and 4100; �', $ 105,000 from the Cemetery Trust Fund for line item 3100-3500 �--- $ 85,160 from the Transportation Demand Management/Public Transportation Stabilization Fund for Appropriations for line items 6000; $ 250,000 from the Avalon Bay School F.nrollment Mitigation Stabilization Fund for line items 1100; $ 4,301,709 from Unreserved Fund Balance/Free Cash; $ 665,848 from the Water Enterprise Fund; $ 623,444 from the Sewer Enterprise Fund;and $ 223,600 from the Recreation Enterprise fund. Items marked with an(*)are Continuing Balance Accounts. 7:45 p.m. Selectman Hank Manz reported the support of the Board of Selectmen, 4 in favor and 1 in opposition to Article 4. 7:48 pm. Director of Public Facilities Patrick Goddard responded to energy related questions for existing schools. 7:50 p.m. Selectman Peter Kelley commented on his opposition to the article. 7:51 p.m. Assistant Superintendent for Finance Mary Ellen Dunn responded to questions on salary adjustments. Town Manager Carl Valente explained further. 7:56 p.m. Superintendent Pau1 Ash responded to changes in cost per student and kindergarten fees. I , 8:03 p.m. Joseph Pato;A pro riation Committee,re orted on line item 2130 �- -� 2130 Em lo ee Benefits $23,166,458 8:08 p.m. Town Manager Carl Valente responded to questions on the number of benefit eligible subscribers and procedures used for computation. 8:11 p.m: Patrick Mehr,pr.3,moved the following amendment: A.MENn�N'r: That the amount in line 2130 in the mai.n motion be reduced by$400,000. 8:19 p.m. . Following a brief recess the Moderator called the meeting back in session. Hank Manz reported the Selectrnen's unanimous opposition to Mehr amendment. Joseph Pato reported unanimous opposition of the Appropriation Committee to Mehr amendment. '1`78 April 4, 2012 Adjourned Session of the 2012 Annual Town Meeting, cont.., 8:20 p.m. Patrick Mehr responded to questions on premise of amendment, estimated revenue, and setting tax levy. Members spoke in support and opposition, questioning budget procedures and controls. 8:39 p.m. Patrick Mehr sumnlarized proposed amendment. 8:3 9 p.m. Following a voice vote the Mehr Amendment declared Not Adopted. 8:40 p.m. Discussion on Article 4 continued. Members questioned employee benefits, out of pocket expenses,the Group Insurance Commission(GIC) agreement, and achieved savings. 8:44 p.m. Alan Levine,pr.8, Appropriation Committee, explained the Selectmen, '� School Committee,Appropriation Committee and Capital Expenditures Committee are � discussing the handling of savings. �--� 8:49 p.m. Town Manager Carl Valente explained role of Town Meeting and Board of Selectmen in fund appropriation and setting of t�rate. 8:52 p.m. Patrick Mehr,pr.2, served notice of reconsideration on line 2130. The Moderator ruled the notice premature as vote on the Article not yet taken. 8:52 p.m. Public Facilities Director Patrick Goddard responded to questions on facility maintenance cost budgeting and plaruung; including building maintenance fund. 8:56 p.m. Town Manager Carl Valente responded to questioning on the agreed upon salary increase as part of coalition agreement. 9:01 p.m. Superintendent Paul Ash responded to questions on school salaries. 9:05 p.m. Public Works Director William Hadley responded to questions on unaccepted streets,patching, street acceptance, and road conditions. 9:11 p.m. Members commented on recent hiring of fu11 time Veteran's Agent and service of vulnerable populations. 9:15 p.m. Dawn McKenna,pr. 6,reported the Tourism Committee's unanimous support for the Economic Development line item which includes funds for tourism. 9:16 p.m. Comments on revenue projections and breakdown of budgeted expenses � for line 2130 ensued. � 9:24 p.m. .Following a voice vote on Article 4,the Moderator declared the motion � adopted by more than the necessary two-thirds majority. 9:25 p.m. Patrick Mehr,pr.3, served notice of reconsideration-Article 4, line 2130. 9:26 p.m. Presented by Wendy Manz,pr.9. ARTICLE 8: APPROPRIATE THE FY 2013 COMMUNITY PRESERVATION CONIlVIITTEE OPERATING BUDGET AND CPA PROJECTS MOTION: That the Town hear and act on the report of the Community Preservation Committee on the FY2013 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 FY2013 receipts as recoxnmended by the Community Preservation Committee: 1. $426,300 for the acquisition, creation and preservation of open space excluding land for recreational use; 2. $426,300 for the acquisition,preservation, rehabilitation and restoration of historic resources; 3. $426,300 for the creation,preservation and support of community housing; and 4. $2,984,100 to the Unbudgeted Reserve. `�"' I And further,that the Town make appropriations from the Community Preservation Fund --� and other sources as follows: a) That$150,000 be appropriated for Archives and Records Management and Conservation and to meet this appropriation, $150,000 be appropriated from the ' Historic Resources Reserve of the Community Preservation Fund. b) That$34,770 be appropriated for the Paint Mine Barn Preservation and to meet this appropriation$34,770 be appropriated from the Historic Resources Reserve of the Cormnunity Preservation fund. c) That$561,518 be appropriated for Muzzey Senior Center Upgrades and to meet this appropriation$561,518 be appropriated from the Historic Resources Reserve of the Community Preservation Fund. ______ __._ ___---- - _ ---__ T _ __ _____ _._ _ __ _ _ ___ _ _ -, �� April 4, 2012 Adjourned Session of the 2012 Annual Town Meeting, cont... d) That$550,000 be appropriated for Cary Memorial Building Upgrades and to meet this appropriation$171,908 be appropriated from the Historic Resources Reserve of the Community Preservation Fund and$378,092 be appropriated from the Unbudgeted Reserve of the Coxnmunity Preservation Fund. e) T'hat$605,718 be appropriated for Center Playfields Drainage Implementation— Phase III and to meet this appropriation$605,718 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund. fl That$143,845 be appropriated for Battle Green Master Plan Implementation and to �"' meet this appropriation$143,845 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund. g) That$450,000 be appropriated for LexHAB Set-Aside for Housing Acquisition and to meet this appropriation$450,000 be appropriated from the Community Housing Reserve of the Community Preservation Fund. h) That$65,000 be appropriated for the Buckman Tavern Historic Structures Report/Restoration Plans and to meet this appropriation$65,000 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund. i) That$77,268 be appropriated for the Historical Society—Historic Records Preservation and to meet this appropriation$77,268 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund. j) That$810,673 be appropriated for the Greeley Village Accessible Housing Project and to meetthis appropriation$6,301 be appropriated from the Coxnmunity Housing Reserve of the Community Preservation Fund and$804,372 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund. k) That$930,300 be appropriated for Busa Farm debt Service and to meet this appropriation$186,105 be appropriated from the Un�udgeted Reserve of the Community Preservation Fund and$744,195 be appropriated from the Undesignated Fund Balance of the Community Preservation Fund. 1) That$1,000,000 be appropriated for Cotton Farm Debt Service and to meet this appropriation$426,300 be appropriated from the Open Space Reserve of the Community Preservation Fund and$573,700 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund. ` m) That$154,000 be appropriated for the Administrative Expenses and all other necessary proper expenses of the Community Preservation Committee for FY2013 and to meet this appropriation$150,000 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund. 9:26 p.m. Wendy Manz, Community Preservation Committee Chair,reported the current sta.te match for funding is at appro�mately 23% and responded to funding questions posed by members. Follow-up camments were also made by Planning Board member Richard Canale and David Kanter, Capital Expenditures Committee. 9:49 p.m. Members questioned potential request to be voted under Article 9 at this ' meeting. Ms. Manz commented on status of potential purchase of the Wright Farm on Grove St, and likely borrowing for funding mechanism. 9:55 p.m. Presentations were made for each section, as follows: 9:56 p.m. Part(a)—Nasrin Rohani,Archivist, Town Clerk's Office David Kanter reported unanimous support of Capital Expenditures Committee; Eric Michelson referred members to the report of the Appropriation Committee and reported unanimous support for parts (a-1) of Article 8 except part{d). - 10:00 p.m. Hank Manz reported unanimous support of the Board of Selectmen for all parts except part 8 (g),with a vote of 4 in favor and 1 opposed for 8 (g),then an amendment to 8 (d). 10:01 p.m. Richard Canale reported unanimous support of the Planning Board for a11 parts of article 8, except part(d) for which no vote is taken. 10:02 p.m. Part(b)—Stewart Kennedy, Conservation Commission Selectman Deborah Mauger disclosed her position as Treasurer of the Citizens for Lexington Conservation. 10:08 p.m. Part(c)—Pau1 Lapointe,pct. 2/Council on Aging—requested seniar center upgrades, and explained the challenges to maintaining building operations at the center during construction has necessita.ted a phased plan. Members spoke in support, and raised issues about creating a new community center and potential use of current space. 180 April 4, 2012 Adjourned Session of the 2012 Annual Town Meeting, cont... 10:24 p.m. The Moderator declared the motion under Article 8,parts (a), (b), and(c) Adopted Unanimously. 10:26 p.m. Selectman Hank Manz moved to adjourn the meeting to 7:30 p.m., Monday, Apri19, 2012, Cary Ha1L Adopted Unanimously. A true copy. Attest: ^ ' t , ��^�� Donna M. Hooper, Town lerk --� Apri19,2012 Adjourned Session of the 2012 Annual Town Meeting The fifth session of the 2012 Annual Town Meeting was called to order by Moderator Deborah J. Brown at 7:30 p.m. Monday,Apri19, 2012, Cary Memorial Hall; a quorum of 174 present. 7:30 p.m. The Moderator called for a brief recess for the Town Meeting Members Association to recognize Precinct 2 Town Meeting Member Andrew McAleer who is currently serving in the armed forces in Afghanistan. 7:3 8 p.m. Bernice Fallick,pr.6,moved the report of the Tourism Comtnittee be received and placed on file. Adopted Unanimously. Tourism Cominittee members presented a brief overview of activities. 7:47 p.m. Wendy Manz, Chair, Community Preservation Committee, continued presentation on Article 8 from the meeting of April 4. ARTICLE 8: APPROPRIATE THE FY 2013 COMMUIVITY PRESERVATION COMIVIITTEE OPERATING BUDGET AND CPA PROJECTS MOTION: That the Town hear and act on the report of the Community Preservation � Committee on the FY2013 Communiiy 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 FY2013 receipts as recommended by the Community Preservation Coxnmittee: l. $426,300 for the acquisition, creation and preservation of open space excluding land for recreational use; 2. $426,300 for the acquisition,preservation,rehabilita.tion and restoration of historic resources; 3. $426,300 for the creation,preservation and support of community housing; and 4. $2,984,100 to the Unbudgeted Reserve. And further,that the Town make appropriations from the Community Preservation Fund and other sources as follows: a) That$150,000 be appropriated for Archives and Records Management and Conservation and to meet this appropriation, $150,000 be appropriated from the Historic Resources Reserve of the Community Preservation Fund. b) That$34,770 be appropriated for the Paint Mine Barn Preservation and to meet this appropriation$34,770 be appropriated from the Historic Resources Reserve of the Community Preservation fund. c) That$561,518 be appropriated for Muzzey Senior Center Upgrades and to meet � this appropriation$561,518 be appropriated from the Historic Resources Reserve of the Community Preservation Fund. d) That$550,000 be appropriated for Cary Memorial Building Upgrades and to meet this appropriation$171,908 be appropriated from the Historic Resources Reserve of the Community Preservation Fund and$378,092 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund. e) That$605,718 be appropriated for Center Pla�elds Drainage Implementation— � Phase III and to meet this appropriation$605,718 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund. fl That$143,845 be appropriated for Battle Green Master Plan Implementation and to meet this appropriation$143,845 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund. __ - __ __ _ _ _ _ _ _ _ . ___ __-- - ----- _ -- -__- - --- �- - - ---- __ _ T_----- -- 181 ApNil 9, 2012 Adjourned Session of the 2012 Annual Town Meeting, cont... g) That$450,000 be appropriated for LexHAB Set-Aside for Housing Acquisition and to meet this appropriation$450,000 be appropriated from the�ommunity Housing Reserve of the Community Preservation Fund. h) That$65,000 be appropriated for the Buckman Tavern Historic Sixuctures Report/Restoration Plans and to meet this appropriation$65,000 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund. i) That$77,268 be appropriated for the Historical Society—Historic Records Preservation and to meet this appropriation$77,268 be appropriated from the � Unbudgeted Reserve of the Communiiy Preservation Fund. j) That$810,673 be appropriated for the Greeley Village Accessible Housing Project and to meet this appropriation$6,301 be appropriated from the Community Housing Reserve of the Community Preservation Fund and$804,372 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund. k) That$930,300 be appropriated for Busa Farm debt Service and to meet this appropriation$186,1 OS be appropriated from the Unbudgeted Reserve of the Community Preservation Fund and$744,195 be appropriated from the Undesignated Fund Balance of the Community Preservation Fund. 1) That$1,000,000 be appropriated for Cotton Farm Debt Service and to meet this appropriation$426,300 be appropriated from the Open Space Reserve of the Community Preservation Fund and$573,700 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund. m) That$150,000 be appropriated for the Administrative Expenses and all other necessary proper expenses of the Community Preservation Committee for FY2013 and to meet this appropriation$150,000 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund. 7:48 p.m. Part 8 (d)—Patrick Goddard,Director of Public Facilities. Wendy Manz reported the Community Preservation Committee has been advised by the Selectmen that they will offer an amendment to reduce the amount requested and will accept a motion to separate out this section. 7:54 p.m. Selectman Hank Manz moved the following amendment: AMENDMENT:• The following be substituted for the motion under Article 8 (d): (d) Moved that$75,000 be appropriated for Cary Memorial Building Upgrades/Design and to,meet this appropriation $75,000 be appropriated from the Historic Resources Reserve of the Community Preservation Fund. 7:55 p.m. David Kanter, Capital Expenditures Committee,reported unanimous support of the Capital Expenditures Committee for the amendment. 7:55 pm. Eric Michelson reported the support of the Appropriation Committee, on a vote of 8 in favor, 0 opposed, and 1 abstention, for the amendment. Patrick Goddard clarified the scope of the work under the amendment, and the intent to begin with design development process to receive more input from the public on the recommendations and timing. 8:00 p.m. Wendy Manz reported the disapproval of the Community Preservation Committee for the amendment, on a vote of 6 opposed and 2 in favor. : 8:01 p.m. Following a brief discussion the Moderator called for a vote on the Amendment. Amendment Declared Adopted and Article 8 (d) separated out. 8:06 p:m. Part(e)—David Pinsonneault,Manager of Operations, Department of Public Works. David Kanter reported unanitnous support of Capital Expenditures Committee. Eric Michelson reported unanimous support of the Appropriation Committee for part(e) and remaining parts of Article 8. = Maryann Stewart reported unanimous support of School Committee. Hank Manz reported unanimous support of the Board of Selectmen for all parts except part 8 (g) for which vote was 4-1 in favor. David Pinsonneault reported track resurfacing is not covered in this item but in the capital request of the Recreation Committee. . 8:09 p.m. Part(fl—David Pinsonneault, Public Works Department. David Kanter reported unanimous support of Capital Expenditures Coxnmittee. Dawn McKenna reported unanimous support of Tourism Committee. [part 8 (� skipped overJ 8:11 p.m. Part(h)—Susan Bennett, Lexington Historical Society Ms. Bennett reported on Buckman Tavern historic structures needs. David Kanter reported unanimous support of Capital Expenditures Committee. 1 g2 April 9, 2012 Adjourned Session of the 2012 Annual Town Meeting, cont... Dawn McKenna reported unanimous support of Tourism Committee. Town Counsel Kevin Batt explained the Community Preservation Act allowance for funding of privately owned and imposition of a historic preservation restriction. Questions followed on the Town of Lexington's ownership of the Buckman Tavern, leasing to the Lexington Historical Society. 8:21 p.m. Part(i)—Susan Bennett,Lexington Historical Society reported on plans for historic records conservation,preservation& digitization. 8:26 p.m. Part(j)—Steve Keane,Executive Director, Lexington Housing Authority Mr. Keane responded to questions on number of housing units,housing standards, and handicapped accessibility. 8:30 p.m. DavidPinsonneault clarified that track resurfacing request included in Article 11 for the FY2013 budget for an anticipated 5 year use to then be followed by a request for full reconstruction. Clarification made that the article 8 (g)request for Le�IAB currently on hold. 8:34 p.m. Moderator Deborah Brown called a brief recess. 8:43 p.m. The Moderator called the meeting back to order and explained any discussion or vote on article 8 part(g)would be held until after voting on the other items and explained 8 (g)would be most prudent to take a two-thirds vote due to real estate acquisition. 8:46 p.m. Part(k)—Wendy Manz, Community Preservation Committee Members questioned earlier statement requiring two-thirds vote for real estate purchase and any further town meeting action for Housing Authority projects to proceed. Eric Michelson advised members that information on the purchasing issue is addressed in the report of the Appropriation Comxnittee. CPC Chair Wendy Manz explained the LexHAB and CPC procedures for the authority to acquire property. 8:56 p.m. Part(1)—Wendy Manz, Community Preservation Committee 8:56 p.m. Part(m)—Wendy Manz, Community Preservation Committee 8:57 p.m. Moderator Deborah Brown called for a vote on All portions of Article 8— excluding parts a,b, c, d, g—thus e, f,h, i,j,k,l,m and funding items 1-4—Motion Adopted Unanimously. 8:59 p.m. Moderator declared Article 8 (d), as amended, adopted. 8:59 p.m. Article 8,part(g)—William Kennedy,Lexington Housing Assistance Board(LexHAB). Mr. Kennedy reviewed requested action. 9:03 p.m. David Kanter, Capital Expenditures Committee,reported the unanimous opposition to this request. 9:07 p.m. Eric Michelson reported the support of Appropriation Committee(9-0)to the original motion. 9:08 p.m. Hank Manz reported support of the Selectmen on vote of 4 in favor, 1 opposed. 9:09 p.m. Wendy Manz, Community Preservation Committee moved the following amendment to Article 8,part(g): AMENDMENT: After "...for Housing Acquisition, " add "consistent ivith the `Guidelines for the Use of CPA Funding by LexHAB', approved February 17, 2011" 9:10 p.m. Amendment Declared Adopted Unanimously. 9:13 p.m. Members spoke in support and raised issues on possible impact on Busa � farmland housing and other Le�IAB housing. Mr. Kennedy explauied LexI3AB has no funds for Leary or Busa farmland. 9:25 p.m. Members continued to speak in support and opposition 9:28 p.m. Community Preservation Committee members Joel Ad1er and Betsey Weiss reported opposition as amended, supporting original motion. 9:30 p.m. William Kennedy, LexHAB,responded to questions on Le�IAB purchasing of units and,available funds for potential purchase at Katandin Woods. 9:35 p.m. Members continued to speak in support and opposition. 9:42 p.m. Selectman George Burnell reported his opposition to the motion as amended and commented on the affordable housing register. — - __ _____ � __-- -- - __ __ _ _ _ _ _ ___ ____---- � ----- -- 183 April 9, 2012 Adjourned Session of the 2012 Annual Town Meeting, cont... 9:52 p.m. Following a standing vote on Article 8 (g), as amended, the Motion was Declared Adopted on a vote of 108 in favor and 52 in op osition,tallied as follows: 1 2 3 4 5 6 7 8 9 AL Total YES 10 6 14 9 6 8 14 13 13 15 108 NO 3 5 1 7. 9 12 4 3 3 5 52 9:52 p.m. Hank Manz moved Article 17 be taken up. Adopted Unanimously. 9:52 p.m. Presented by Donald Benson,pct. 7. ARTICLE 17: SCHOOL SUS TRANSPORTATION SUBSIDY(Citizen Article) , MOTION: That the Town appropriate $316,250 far the purpose of fmancing a portion of the operation and administration of the school bus transportation system to reduce or offset fees charged for students who elect to use the school bus transportation system for transportation to and from school,to be spent under the direction of the School Committee, and that to meet this appropriation ' $316,250 be raised in the tax levy. 9:52 p.m. Article sponsor Ms. Judith Crocker, and Mr. Craig Weeks, reviewed requested action. 10:00 p.m. Joseph Pato reported support of the Appropriation Committee on vote of 5 in favor and 4 opposed. Deborah Mauger reported unanimous support of the Board of Selectmen. 10:03 p.m. School Committee Chairperson MaryAnn Stewart reported the Committee to be in favor of the spirit in which this motion is brought forth. 10:04 p.m. Elaine Dratch, Transportation Advisory Committee, spoke in support of the concept. 10:05 p.m. Members spoke in support, questioned the budget process and bus fees,. and prioritization of these costs within the school budget. 10:07 p.m. Ms. Sandy Ka,hn, 81 Wood Street, spoke in support and the support of the PTA leaders of the 9 schools, as well as the PTSA. 10:17 p.m. Ms. Jane Kalinski, 73 School Street, spoke in support. �` Members continued to speak in support and questioned School Committee budgeting for transportation. 10:26 p.m. � MaryEllen Dunn,Assistant Superintendent for Finance,reported on school bus transportation arrangements budgeted for the Esta.brook School renovation project. 10:35 p.m. Stewart Kennedy reported the support of the Bicycle Advisory Committee. 10:37 p.m. David Kanter,pr 7, called the question.. Motion Adopted. 10:38 p.m. Article 17-Motion Adopted. 10:38 p.m. Hank Manz moved the meeting be adjourned unti17:30 p.m., Wednesday, April 1 l, 2012, Cary Memorial Ha11. Adopted Unanimously. A true copy. � Attest: �- Donna M. Hooper, Town Clerk April 11,2012 Adjourned Session of the 2012 Annual Town Meeting The sixth session of the 2012 Annual Town Meeting was called to order by Moderator Deborah J. Brown at 7:30 p.m. Wednesday,April 11, 2012, Cary Memorial Hall; a quorum of 155 present. 7:35 p.m. Selectman Hank Manz moved Article 12 be taken up. Adopted Unanimously. Depuiy Moderator Rodney Cole presiding for Article 12 (n),to be acted upon first. 7:35 p.m. Presented by Selectman George Burnell. ARTICLE 12 : APPROPRIATE FOR MIJNICII'AL 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) Public Safety Radio Connectiviiy- $50,000 for the cost of a communications consultant to assess current communication needs of Town Departments with radio connectivity systems,including but not limited to the police, fire and public works departments, and that to meet this appropriation$50,000 be appropriated from the general fund unreserved fund balance; 1$4 April 11, 2012 Adjourned Session of the 2012 Annual Town Meeting, cont... b) 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 appropriated from Water Retained Earnings and$25,000 be appropriated from the general fund unreserved fund balance; c) Street Improvements and$asements - $1,425,586 for road reconsixuction,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 therefor, and that to meet this appropriation$1,425,586 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; d) Townwide Culvert Replacement- $390,000 for the repair and replacement of culverts, and to take by eminent domain,purchase or otherwise acquire any fee, easement or other interest in land necessary therefor, and that to meet this appropriation$65,000 be appropriated from the general fund unreserved fund balance, 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(1) ar any other enabling authority; e) DPW Equipment Replacement- $595,000 for the cost of departmental equipment far the Department of Public Works and all incidental costs related thereto, and that to � meet this appropriation$85,390 be raised in the tax levy, $70,000 be appropriated from the general fund unreserved fund balance, and the Treasurer,.with the approval of the Board of Selectmen, is authorized to borrow$439,610 under M.G.L. Chapter 44, Section 7(9) or any other enabling authority; � Comprehensive Watershed Stormwater Management System- $165,000 for engineering and design services for a comprehensive stormwater management watershed study, and that to meet this appropriation$100,000 be appropriated from the general fund unreserved fund balance, and the Treasurer,with the approval of the Board of Selectmen, is authorized to borrow$65,000 under M.G.L. Chapter 44, Section 7(22) or any other enabling authority; g) Dam Repair- $260,000 far reconstructing and making extraordinary repairs to the Butterfield Dam, and to take by eminent domain,purchase or otherwise acquire any � fee, easement or other interest in land necessary therefor, and thaf 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(7) or any other enabling authority; h) Storm Drainage Improvements and NPDES Compliance- $340,000 for constructing and reconstructing storm drains 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 therefor, and that to meet this appropriation the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow$340,000 under M.G.L. - Chapter 44, Section 7(1) or any other enabling authority; � i) Battle Green Area Master Plan—Parking, Traffic Calming and Safe Pedestrian Access Study—Phase I: Conceptual Plan- $60,000 for a parking and traffic study along Massachusetts Avenue and Bedford Street, and that to meet this appropriation $60,000 be appropriated from the general fund unreserved fund balance; j) Townwide Signalization Improvements - $125,000 for traffic and pedesirian signals, and to meet this appropriation$5,468 be transferred from the unexpended proceeds voted under Article 15a of the warrant for the 2008 Annual Town Meeting and the Treasurer,with the approval of the Board of Selectmen, is authorized to borrow $119,532 under M.G.L. Chapter 44, Section 7(14) or any other enabling authority. k) Sidewalk Improvements and Easements- $300,000 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 therefor, and that to meet this appropriation the Treasurer,with the approval of the Board of Selectmen, is authorized to borrow$300,000 under M.G.L. Chapter 44, Section 7(6) or any other enabling authority; 1) Concord Avenue Sidewalk Engineering and Easements- $250,000 for a survey and design for sidewalks along Concord Avenue from Spring Street to Waltham Street, and to take by eminent domain,purchase or otherwise acquire any fee, easement or other interest in land necessary therefor, and that ta meet this appropriation$250,000 be appropriated from the Traffic Mitigation Stabilization Fund. m) Street Betterment Improvement and Easements—That this item be indefuutely, postponed; � __ _- -- ____ - __ _ _.____ - _ __- -__._ _-- - -- ------- � - - ---__ ___- 185 April 11, 2012 Adjourned Session of the 2012 Annual Town Meeting, cont... n) Estabrook School—Off-site Street Engineering,Improvements and Easements— $170,000 for engineering services for making street and sidewalk improvements in the area around Estabrook School, and to take by eminent domairi,purchase or otherwise acquire any fee, easement or other interest in land necessary therefore, and that to meet this appropriation$170,000 be appropriated from the general fund unreserved fund balance. o) Center Business District Streetscape Engineering- $240,000 for engineering and design services to reconstruct and restore the center sidewalks,roadways and street trees and furniture;and 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(6) or any other enabling authority; p) Telephone System Replacements Townwide- $591,000 for new telephone systems in town and school buildings, and that to meet this appropriation the Treasurer,with the approval of the Board of Selectrnen, is authorized to borrow$591,000 under M.G.L. Chapter 44, Section 7(9) or any other enabling authority; and c� Townwide Electronic Document Management System- $145,000 for continued upgrading of the Document Management System, and that to meet this appropriation $145,000 be appropriated from the general fund unreserved fund balance. � 7:38 p.m. Selectman George Burnell presented request for Article 12,part(n)— Estabrook School off-site street engineering. William Hurley reported unanimous support of the Capital Expenditures Committee. Glenn Pazker reported unanimous support of the Appropriation Comxnittee. Margaret Coppe reported unanimous support of the School Committee; George Burnell reported unanimous support of the Selectmen. 7:40 p.m. Stewart Kennedy reported the Conservation Commission would have jurisdiction over the wetlands. 7:41 p.m. William Hadley,Director of Public Works, commented on traffic signalization and pedestrian signalization, and process to be followed for public input and subsequent funding from town meeting requested. 7:45 p.m. .. Grove St resident Alan Kirby spoke in opposition of any signalization. Town Engineer John Livsey explained appropriation sought would be used substantially for engineering services. 7:48 p.m. Following a voice vote the Moderator declared the motion under Article 12 (n)Adopted Unanimously. 7:50 p.m. Deborah Brown returned to her position as Moderator. 7:50 p.m. Selectman George Burnell proceeded with presentations on the remainder - of Article 12 and reported unanimous support of the Board of Selectmen for the remainder of the Article. Theodore Edson reported the unanimous support of the Capital Expenditures Committee for Article 12,parts a-m,p & q. Glenn Parker reported unanimous support of the Appropriation Committee for Article 12. Eric Michelson reported he would be abstaining from voting on Article 12 (o). 8:05 p.m. Jerold Michelson,pr.5,reported unanimous support of the Lexington Center Committee for Article 12(o). 8:05 p.m. Richard Canale reported unanimous support of the Planning Board for Article 12. Margaret Coppe reported support of the School Committee for Article 12 (k) and unanimous support for part(a), (p) & (�. 8:06 p.m. Dawn McKenna reported unanimous support of the Tourism Committee for Article 12 (i): George Burnell responded to questions on contingencies for each section,with Town Engineer John Livsey reporting contingencies vary from 10-20%, and Charles Lamb's comments on general contingencies. 186 April 11, 2012 Adjourned Session of the 2012 Annual Town Meeting, cont... 8:11 p.m. Beverly Kelley,pr.4, read a letter in support of Article 12 (k) and for sidewalks on Winthrop Rd. Members spoke in support, questioned total appropriation requested, dam repair needs, otlier sources of funding,tr�c improvements, and road signalization, and various studies previously conducted. 8:3 8 p.m. Following a voice vote on Article 12 parts (a-m) and(o-c� Moderator Deborah Brown declared the motion Adopted Unanimously. 8:39 p.m. Presented by Selectman Norman Cohen. ARTICLE 5: APPROPRIATE FY2013 ENTERPRISE FUND BUDGETS MOTION: a) That the Town appropriate the following sums of money to operate the Water Division of the Department ofPublic Works duringfrscal year 2013 under the provisions ofM.G.L. Chapter 44, Section 53F%: Salaries $ 647,687 Expenses 389,590 Debt Service(non-exempt) 1,299,091 MWRA Assessment 5.153.351 Total $7,489,719 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 ofPublic Works duringfiscal year 2013 under the provisions ofM.G.L. Chapter 44, Section 53F`/a: Salaries $ 276,183 Expenses 333,200 Debt Service(non-exempt) 956,855 MWRA Assessment 7.032.394 � Total $8,598,632 5aid sum to be funded from wastewater receipts and$300,000 from retained earnings. c) That the Town appropriate the following sums of money to operate the Recreation Department during fiscal year 2013 under the provisions of M.G.L. Chapter 44, Section , 53F'/z: � . Salaries $ 645,044 J Expenses 1,018,584 Debt Service (non-exempt) 130,600 Tota1 $1,794,228 Said sum to be funded from recreation receipts and$375,000 from retained earnings. 8:39 p.m. Following the questioning the status of Article 5 by John Bartenstein, pr.l, the Moderator called a brief recess. . 8:43 p.m. With the meeting back in order,Moderator Deborah Brown declared part -. (c)would be separated out and voted separately,parts a&b to be voted later in the meeting. 8:44 p.m. Selectman Norman Cohen presented Article 5 part(c) and reported the unanimous support of the Board of Selectmen. 8:45 p.m. Glenn Parker reported unanimous support of the Appropriation Committee for Article 5 part(c). 8:45 p.m. The Moderator and declared the motion under Article S part(c) Adopted Unanimously. 8:46 p.m. Presented by Selectman Deborah Mauger. ARTICLE 6: APPROPRIATE FOR SElvIOR SERVICE PROGRAM MOTION: T'hat the Town appropriate $20,000 for the purpose of conducting a Senior Service Program, to be spent under the direction of the Town Manager; that to meet this appropriation$20,000 be raised in the tax levy; and that the Board of Selectmen be authorized to establish rules and regulations for the conduct of the program. Ms. Mauger reported the support of the Board of Selectmen. 8:47 p.m. John Bartenstein reported unanimous support. 8:48 p.m. Town Manager Carl Valente explained in addition to the appropriation the Article establishes rules and regulations for the program. Mr. Valente further explained the program's design and staffing. Motion Adopted. _ - ---------__----_ -- -- __ -- ----_ ____ _ __ _ __ ---.----------___ --- _ ____ - - 187 April 11, 2012 Adjourned Session of the 2012 Annual Town Meeting, cont... 9:56 p.m. Presented by Selectman Norman Cohen. 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. Chapter44, Section 53E1/z for the fiscal year beginning July 1, 2012, as follows: Authorized Revolving Departmental FY2013 Fund Representative or Receipts Use of Fund Authorization � Board to S end Personnel and Building Rental Public Facilities Expenses Related to Revolving Fund D"uector Building Rental Fees �e Rental of $375,000 � Facilities DPW Burial Public Works Sale of Gra�e Boxes program Expenses $35 000 �_. � Containers Director and Burial Vaults DPW Compost Public Works Sa1e of Compost and Personnel,Benefits, Operations Director Loam,Yard Waste Program Expenses $400,000 Permits and Ca ital � Board of License Fees from CATV contract, PEG Access Selectmen and Cable TV Providers equipment and $450,000 Town Mana er related ex enses • Lexin on Tree Fund Board of � Selectmen Gifts,Fees and Fines Program Expenses $20,000 Minuteman Household public Works Fees Paid by Hazardous Waste D'uector Consortium Towns Program Expenses $175,000 ' Pro am Health Pro ams Health D'uector Medicare � Reimbursements Program Expenses $10,000 Council on Aging Human Services Program Fees and Pro ams Director G� Program Expenses $100,000 Liberly Ride Town Manager Receipts,including � Tourism/Liberty Ride and Tourism ticket sales, Program Expenses $285,000 Committee advertising revenue and charter sales School Bus Bus Transportation $830,000 Transportation School Committee School Bus Fees Ex enses P Regional Cache— Public Works User Fees from Hartwell Avenue D'uector Participating Program Expenses $20,000 Munici alities 8:56 p.m. Norman Cohen reported unanimous support of the Board of Selectmen. Glenn Parker reported unanimous support of Appropriation Committee Selectman Norman Cohen and Town Manager Carl Valente commented on school bus transportation fixuding and impact of such by adoption of Article 17. 9:01 p.m. Adopted Unanimously. 9:02 p.m, Selectman Hank Manz moved Article 11 be taken up. Adopted. - 9:02 p.m. Presented by George BurnelL - ARTICLE 11: APPROPRIATE FQR 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) Pine Meadows Equipment- $46,000 for replacing the fairway mower at the golf course, and that to meet this appropriation$46,000 be appropriated from the Recreation Fund Retained Earnings; b) Park Improvements—Hard Court Resurfacing—$120,000 for reconstructing neighborhood basketball courts,the Center Track, and the Tennis Courts at the Center Complex and Clarke Middle School, and that to meet this appropriation the Treasurer,with the approval of the Board of Selectmen, is authorized to borrow$120,000 under M.G.L. Chapter 44, Section 7(25) or any other enabling authority; . c) Park and Playground Improvements - $65,000 for park and playground improvements and construction of ADA compliant equipment at Adams Playground, and that to meet this appropriation the Treasurer, with the approval of the Board of Selectmen, is"authorized to borrow$65,000 under M.G.L. Chapter 44, Section 7(25) or any other enabling authoriiy; and d) Park Improvements—Athletic Fields- $60,000 far reconstructing and installing in-ground irrigation systems in the baseball field areas at Garfield Park and at the Clarke and Diamond Middle Schools playfields, and that to meet this appropriation the Treasurer,with the approval of the Board of Selectmen, is authorized to borrow$60,000 under M.G.L. Chapter 44, Section 7(25) or any other enabling authority. ,1�88 April 11, 2012 Adjourned Session of the 2012 Annual Town Meeting, cont... 9:02 p.m. George Burnell reported unanimous support of the Board of Selectrnen: Recreation Conunittee member Howazd Vogel reviewed requested appropriations. 9:06 p.m. Shirley Stolz reported support of the Capital Expendiiures Committee. , Glenn Parker reported unanimous support of the Appropriation Committee. MaryAnn Stewart reported unanimous support of the School Coxnmittee for(b) & (d). 9:08 p.m. Howard Vogel explained funding requested does not address Clarke Middle School field drainage. Recreation Department Director Karen Simmons ' reported balance of the Recreation Enterprise fund certified at $1,377,053,to which David Kanter, Capital Expenditures Committee, explained the policy the tax levy takes care of non-fee services. Ms. Simmons further reported the 2011 net income from the ' Pine Meadows Golf Course at$241,000. Ms. Simmons further explained policy for use of enterprise funding vs.tax levy. 9:16 p.m. Michael McGuirk,pr.2, moved the following amendment: AMENDMENT: After "installing in-ground irrigation systems" add"and drainage systems"; change$60,000 to $160,000 9:22 p.m. David Pinsonneault, Public Works Manager of Operations clarified. George Burnell reported unanimous opposition of the Board of Selectmen � Shirley Stolz reported unanimous opposition of the Capital Expenditures Committee. Glenn Parker reported unanimous opposition of the Appropriation Committee. 9:25 p.m. Mr. McGuirk withdrew the amendment. 9:25 pm. Following a voice vote,the Moderator declared Article 11 adopted by more than the necessary two-thirds vote. 9:26 p.m. Presented by Selectman Peter Kelley. ARTICLE 13: APPROPRIATE FOR WATER DISTRIBUTION IlVIPROVEMENTS MOTION: That the Selectmen are hereby authorized to install new water mains and replace or clean and line e�sting water mains and all incidental costs related thereto in such accepted or unaccepted streets or other land as the Selectmen may deterrrune, 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 Treasurer with the approval of the Board of Selectmen is authorized to borrow$900,000 under M.G.L. Chapter 44, Section 8(5) 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. � Mr. Kelley reported unanimous support of the Board of Selectmen. Theodore Edson reported unanimous support of the Capital Expenditures Committee. John Bartenstein reported unanimous support of the Appropriation Committee. 9:28 p.m. Peter Kelley responded to questioning on paving and sewer installation scheduling. Adopted Unanimously. " 9:29 p.m. Presented by Selectman Peter Kelley. ARTICLE 14: APPROPRIATE FOR SEWER IMPROVEMENTS MOTION: That: (a)the Selectmen are hereby authorized to install sewer mains and sewerage systems and replacements thereof,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,in accordance with Chapter 504 of the Acts of 1897,and acts in addition thereto and amendment thereof, or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee,easement ar other interest in land necessary therefor;to appropriate for such installation and land acquisition the suxn of$1,200,000, and to raise such amount the Treasurer with the approval of the Board of Selectmen is authorized to borrow $1,200,000 under M.G.L. Chapter 44, Section 7(1)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;and(b)$100,000 be appropriated for pump station upgrades and all incidental costs related thereto, and to raise such ainount the Treasurer,with the approval of the Board of Selectmen,is authorized to borrow$100,000 under M.G.L. Chapter 44, Section 7(1)or any.other enabling authority. ____ ____ _---------r-- - ----_ ------ --_ ---- _ . ---- -__ -- -- ___ _ 18�9 April 11, 2012 Adjourned Session of the 2012 Annual Town Meeting, cont... - Mr. Kelley reported unanimous support of the Board of Selecimen. John Bartenstein reported unanimous support of the_Appropriation Committee. Theodore Edson reported unanimous support of the Capital Expenditures Committee. 9:31 p.m. Adopted Unanimously. 9:31 p.m. Presented by Margaret Coppe, 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- $1,002,000 for ma.intaining and upgrading the Lexington �--- Public Schools' technology systems, including new equipment in connection therewith, and that to meet this appropriation$168,324 be raised in the tax levy . and the Treasurer,with the approval of the Board of Selectmen, is authorized to borrow$833,676 under M.G.L. Chapter 44, Section 7(28) and Section 7(29) or any other enabling authority; and b) Classroom and Administrative Furniture- $83,000 for the purchase of classroom and administrative furniiure, and that to meet this appropriation the Treasurer, with the approval of the Board of Selectmen,is authorized to borrow$83,000 under M.G.L. Chapter 44, Section 7(9) or any other enabling authority. Ms. Coppe reported unanimous support of the School Cornmittee. Deborah Mauger reported support of the Board of Selectmen. William Hurley reported unanimous support of the Capital Expenditures Committee. Ms. Jonina Schonfeld reported unanimous support of the Appropriation Committee. 9:34 p.m. Adopted Unanimously. 9:34 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: . �.J a) School Building Envelope and Systems -$215,000 for school buildings and systems repairs, and that to meet this appropriation$215,000 be appropriated from the general fund unreserved fund balance; b) Middle Schools Science Labs and Perfornling Arts Spaces—Evaluation- $35,000 for funding to evaluate the adequacy of existing science laboratories,performing - arts spaces and associated systems and equipment to meet progranunatic needs, and that to meet this appropriation$35,000 be appropriated from the general fund unreserved fund balance; - c) Diamond Middle School Energy Improvements - $25,000 for funding an in depth audit of major mechanical systems at Diamond Middle School, and that to meet this appropriation$25,000 be appropriated from the general fund unreserved fund balance; d) Municipal Building Envelope and Systems-$169,711 for design, construction, repair and replacement projects for the maintenance and upgrade of municipal - buildings and systems, and that to meet this appropriation$169,711 be raised in the tax levy; e) White House Stabilization—that this item be indefinitely postponed; fl E�raordinary School Repair Projects - $610,000 for reconstructing and making extraordinary repairs to school buildings, including architectural and engineering �'—� services to prepare plans and specifications related thereto, and that to meet this appropriation$322,315 be appropriated from the general fund unreserved fund �-= balance and the Treasurer,with the approval of the Board of Selectmen, is authorized to borrow$287,685 under M.G.L. Chapter 44, Section 7(3A) or any other enabling authority; g) Department of Public Facilities Bid Documents- $75,000 for professional services to produce design development, construction documents, and bid administration services for capital projects, and that to meet this appropriation � ' $75,000 be appropriated from the general fund unreserved fu.nd balance; h) Hastings School Natural Gas Conversion- $45,000 for funding to convert the boiler at the Hastings School from oil to natural gas and to remove the existing buried oil tank, and that to meet this appropriation$45,000 be appropriated froin the general fund unreserved fund balance; ��o April 11, 2012 Adjourned Session of the 2012 Annual Town Meeting, cont... i) Townwide Facilities Master Plan- $65,000 for consulting services to develop a townwide facilities master plan, and that to meet this appropriation$65,000 be appropriated from the general fund unreserved fund balance; j) Crrounds Vehicle Replacement- $80,000 to replace a vehicle used to maintain the grounds around school buildings, and to meet this appropriation the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow$80,000 under M.G.L. Chapter 44, Section 7(9) or any other enabling authority; k) Lexington High School Overcrowding Phase II Renovations- $400,000 far remodeling and reconstructing rooms at Lexington High School to alleviate overcrowding, and that to meet this appropriation the Treasurer,with the approval '� of the Board of Selectmen, is authorized to borrow$400,000 under M.G.L. Chapter 44, Section 7(3A) or any other enabling authority; and 1) School Paving Program- $100,000 for design and construction of school parking and paved pedestrian surfaces, and that to meet this appropriation the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow$100,000 u.nder M.G.L. Chapter 44, Section 7(6) or any other enabling authority. George Burnell reported support of the Board of Selectmen. William Hurley reported support of the Capital Expenditures Committee—unanimously for parts a-d, f-1. Theodore Edson commented on the ugliness and the state of the condition of the `White House' (part e). Mr. Edson, Capital Expenditures Committee presented the following substitute motion: SUBSTITUTE MOTION: e) White House Sta.bilization- $381,000 for removing selected portions of the White House at 1557 Massachusetts Avenue and stabilizing the remaining portion(the Hosmer House), and that to meet this appropriation$381,000 be raised in the tax levy. 9:48 p.m. Patrick Goddard, Director of Public Facilities,reviewed substitute motion. 9:54 p.m. Deborah Mauger reported opposition of the Board of Selectmen on a vote of 4 opposed and 1 in support, commenting on uncertainty of fmal municipal use. � d su ort of the A ro riation Committee for � 9:57 p.m. - Glenn Parker reporte pp pp p � indefinite postponement(6 in favor, 3 opposed), and opposition of the Coxnmittee to the substitute motion(2 in favor, 7 opposed). 9:58 p.m. Joseph Welch, Historic Districts Commission, spoke in support of the substitute motion. 10:00 p.m. Jerold Michelson reported support of the Le�ngton Center Committee- 5 in favor, 2 opposed, 1 abstention. 10:00 p.m. Selectman Deborah Mauger responded to questions on the Selectmen's vision for next steps for the building. Mr. Goddard responded further and projected on time of completion. 10:05 p.m. Members spoke in support and opposition, questioned the position of the Historic Districts Commission on the moving of older houses. 10:16 p.m. Following a standing vote on Substitute Motion Article 16(e) Declared Adopted on a vote of 101 in favor and 38 in op osition,tallied as follows: 1 2 3 4 5 6 7 8 9 AL Total YES 7 7 10 9 11 13 15 9 13 7 101 NO 5 4 3 4 2 4 2 5 0 9 38 10:20 p.m. Deborah Mauger reported the support of the Board of Selectmen, 3 in favor, 2 opposed,to Article 16 (e) as amended. �-� Glenn Parker reported the opposition of the Appropriation Committee to Article 16 (e)as amended. .J 10:22 p.m. Article 16(e) Declared Adopted as amended. 10:23 p.m. Discussion on Article 16 continued. Facilities Director Patrick Goddard responded to questions on funding needs to keep up with building maintenance needs. 10:26 p.m. Glenn Parker reported the Appropriation Committee's unanimous support for all other parts of Article 16. MaryAnn Stewart reported the unanimous support of the School Committee for a11 other parts of Article 16. 10:27 p.m. Patrick Goddard explained studies conducted relating to subpart(c). 10:30 p.m. Sheldon Spector,pr.5, called the Question. Adopted. 10:31 p.m. Article 16 declared Adopted Unanimously as amended. -- ---- ____ ----_ _ -_ ----- ____ _ �- - __ __-- ____ _ --_ _ _ _--- ----- -.------------- -_ 191 April 11, 2012 Adjourned Session of the 2012 Annual Town Meeting, cont... 10:32 p.m. Selectman Hank Manz moved the meeting be adjourned to 7:30 p.m:, Monday, Apri123, 2012, Cary Memorial Hall. Adopted Unanimously. A true copy. �y, Attest: � ��'�� - � � Donna M. Hooper, Town C�erk Apri123,2012 Adjourned Session of the 2012 Annual Town Meeting The seventh session of the 2012 Aiuival Town Meeting was called to order by Moderator -- Deborah J. Brown at 7:30 p.m.Monday,Apri123, 2012, Cary Memorial Hall; a quorum of 160 present. Moderator Deborah Brown outlined plans for the evening and upcoming sessions. 7:41 p.m. Presented by Selectman Norman Cohen, following initial action taken on Article 5 (c) on April 11�'. ARTICLE 5: APPROPRIATE FY2013 ENTERPRISE FUND BUDGETS MOTION: a)That the Town appropriate the following sums of money to operate the Water Division of the Departxnent of Public Works during fiscal year 2013 under the provisions of M.G.L. Chapter 44, Section 53F1/2: Salaries $ 647,687 Expenses 389,590 Debt Service (non-exempt) 1,299,091 MWRA Assessment _5_,153,351 Total $7,489,719 Said sum to be funded from water receipts and$350,000 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 2013 under the � provisions of M.G.L. Chapter 44, Section 53F1/2: � Salaries $ 276,183 Expenses 333,200 Debt Service (non-exempt) 956,855 MWRA Assessment 7,032,394 Total $8,598,632 Said sum to be funded from wastewater receipts and$150,000 from retained earnings. 7:41 p.m. John Bartenstein reported unanimous support of the Appropriation Coxrunittee. -. 7:43 p.m. Article 5 parts A &B Adopted Unanimously. 7:44 p.m. Hank Manz moved the Report of the Town Manger�be received and placed on file. Adopted. Town Manager Carl Valente reported on savings from health insurance plan changes. 7:56 p.m. Selectman Norman Cohen moved Articles 18-26 be taken up. Adopted Unanimously. 7:57 pm. Presented by Selectman Norman Cohen. ARTICLE 18: APPROPRIATE TO POST EMPLOYMENT INSURANCE LIABILITY FUND �--� MOTION: That$1,000;000 be appropriated to the Town of Lexington Post Employment Insurance Liability Fund, as esta.blished by Chapter 317 of the Acts of 2002, �. and that to meet this appropriation$1,000,000 be raised from the general fund unreserved fund balance. 8:00 p.m. Norman Cohen reported the support of the Board of Selectrnen. 8:00 p.m. Alan Levine reported support of the Appropriation Committee for $500,000, and that the Committee, on a vote of 8-0 opposes the originally proposed $1,000,000, and will offer an amendment. 8:09 p.m. Mr. Levine moved: AMENDMENT: $1,000,000" be replaced, in two places, by "$500,000". Mr. Levine reported the support of the Appropriation Committee for the amendment. � �� April 23, 2012 Adjourned Session of the 2012 Annual Town Meeting, cont... Deborah Mauger reported the opposition, on a vote of 5-0, of the Board of Selectmen to the amendment. 8:13 p.m. Charles Lamb,pr.4, spoke in favor of the amendment. 8:15 p.m. Glenn Parker, Appropriation Committee and Charles Lamb, Capital Expenditures Committee responded to questions on use of the requested funds. Town Manager Carl Valente e�lained today's liability for future insurance subscribers. 8:21 p.m. Members spoke in support and opposition, questioned impact on fully funding date with proposed adjustment and Lexington's position as compared to other towns. 8:35 p.m. Amendment declared Adopted. '�j 8:36 p.m. Article 18 declared Adopted as amended. 8:37 p.m. Presented by Selectman Norman Cohen. ARTICLE 19: RESCIND PRIOR BORROWING AUTHORIZATION MOTION: That the unused borrowing authority as set forth below be and is hereby rescinded: Article No. Town Meeting Project Description Amount of be Rescinded l li 2009 ATM Fire Department Headquarters Renovation $19,164.00 and Preservation Stud 16b 2010 ATM Clarke Middle School Auditorium Safety and $15,790.00 Technolo U date 13g 2011 ATM Hastings School Playground Expansion $8,146.00 12d 2010 ATM DPW Equipment $3,375.00 Norman Cohen reported support of the Board of Selectmen. David Kanter reported unanimous support of Capital Expenditures Committee. Glenn Parker reported unanimous support of Appropriation Committee. 8:38 p.m. Adopted Unanimously. 8:38 p.m. Presented by Selectman Norman Cohen. ARTICLE 20: AUTHORIZE THE ESTABLISFIl�ZENT OF A MINUTEMAN STABILIZATION FUND � MOTION: That this article be indefinitely postponed. � 8:38 p.m. Glenn Parker reported support of Appropriation Committee. David Kanter reported unanimous support of Capital Expenditures Committee. 8:39 p.m. Adopted Unanimously. 8:40 p.m. Presented by Selectman Peter Kelley. ARTICLE 21: ESTABLISH AND APPROPRIATE TO SPECIFIED STABILIZATION FUNDS MOTIpN: That$87,572 be appropriated to the Transportation Demand - ManagementlPublic Transportation Stabilization Fund, and to meet this appropriation $87,572 be transferred from the TDM special revenue account. Mr. Kelley reported support of the Board of Selectmen. David Kanter reported no position by the Capital Expenditures Committee. Glenn Parker reported unanimous support of the Appropriation Committee. 8:41 p.m. Dawn McKenna,pr.6, spoke on escalation agreements. 8:42 p.m. Adopted Unanimously. 8:42 p.m. Presented by Selectman Hank Manz. ARTICLE 22: APPROPRIATE TO STABILIZATION FUND MOTION: That this article be indefinitely postponed. ' David Kanter reported support of the Capital Expenditures Committee 8:42 p.m. Adopted Unanimously. 8:43 p.m. Presented by Selectman Peter Kelley. ARTICLE 23: APPROPRIATE FROM DEBT SERVICE STABILIZATION FUND MOTION: That$124,057 be appropriated from the Debt Service Stabilization Fund to offset the FY2013 debt service of the bond dated February l, 2003 issued for funding additions and renovations to the Le�ngton High School, Clarke Middle School � and Diamond Middle School as refunded with bonds dated December 8, 2011. Mr. Kelley reported support of the Board of Selectmen. 8:44 p.m. David Kanter reported unanunous support of Capital Expenditures Committee. Glenn Parker reported unanimous support of Appropriation Committee. --- --- _ _ ,-- - __ — -__ _ _ - ,-__ - ___ _ __ ___ __ _ -----_ -�___ __ .____ ____ _______ 1�� April 23, 2012 Adjourned Session of the 2012 Annual Town Meeting, cont... Town Manager Carl Valente reviewed fund operations. Charles Lamb advised the report of the Capital Expenditures Committee contains detailed information on the fund. 8:46 p.m. Adopted Unanimously. 8:46 p.m. Presented by Selectman Hank Manz. ARTICLE 24: APPROPRIATE FOR PRIOR YEARS' UNPAID BILLS MOTION: That this article be indefinitely postponed. 8:46 p.m. Adopted Unanimously. 8:48 p.m. Presented by Selectman Hank Manz. ARTICLE 25: AMEND FY2012 OPERATING AND ENTERPRISE BUDGETS MOTION: That the following amounts be appropriated to the following line items for the current fiscal year's budget as approved under Article 4 of the 2011. Annual Town Meeting and subsequently amended under Article 4 of the November 14, 2011 Special Town Meeting, and that said amounts be iransferred from the following sources: LINE ITEM PROGRAM FROM TO DIFFERENCE 1200 Re ional Schools $1,702,930 $1,781,972 $ 79,042 3100-3500 Public Works Personal $3,468,798 $3,378,208 $ (90,590) Services 3100-3500 DPW-October Storm $ 200,000 $ 290,590 $ 90,590 7100 Community Development $ 971,373 $ 964,073 $ (7,300) Personal Services 7100 Community Development $ 148,822 $ 156,122 $ 7,300 Ex enses 8400 Finance Personal Services $1,148,807 $1,083,807 $ (65;000) 8400 Finance Ex enses $ 435,844 $ 500,844 $ 65,000 8600 MIS Ex enses $ 399,464 $ 412,464 $ 13,000 and, further that$92,042 be appropriated from the General Fund Unreserved Fund Balance. 8:48 p.m. Town Manager Carl Valente reviewed requested action. 8:52 p.m. Glenn Parker reported unanimous support of Appropriation Comxnittee. 8:53 p.m. Car1 Valente responded to questions on esta.blishment of Stabilization Fund for Minuteman Regional Vocational School. Eric Michelson,Appropriation Committee, commented further. 8:54 p.m. Adopted Unanimously. 8:55 p.m. Presented by Selectman Hank Manz. ARTICLE 26: APPROPRIATE FOR AUTHORIZED CAPITAL IMPROVEMENTS MOTION: That$200,000 be appropriated from Insurance Proceeds Greater Than$20,000 for the purpose of making repairs and related design costs to the wash bay facility at the Public Services Building. � 8:55 p.m. Ha.nk Manz reported support of the Board of Selectmen. 8:56 p.m. Theadore Edson reported unanimous support of Capital Expenditures Committee. Glenn Parker reported u.nanimous support of Appropriation Committee. 8:56 p.m. Adopted Unanimously. 8:57 p.m. Selectman Hank Manz moved Article 31 be taken up. Adopted. 8:57 p.m. Presented by Selectman Norman Cohen. ARTICLE 31: AMEND GENERAL BYLAWS—TOWN MEETING WARRANT MOTION: That this article,be indefuutely postponed. Mr. Cohen explained requested action and reported support of the Board of Selectmen. 8:59 p.m. David Kanter, Capital Expenditures Committee,reported looking forward future action. Adopted Unanimously. 9:01 p.m. Selectrnan Hank Manz moved Reconsideration of Article 4 under the Town's Bylaws, Section 118-14 section A(2). 9:03 p.m. The Moderator reviewed reconsideration options in response to questions on reconsideration. 9:06 p.m. Motion to Reconsider Article 4 Adopted. 9:06 p.m. Selectman Norman Cohen moved the following amendment: AMENDMENT: That the figure $4,367,186 in line item 2210 of the motion undeY Article 4 be changed to $4,767,186. 194 April 23, 2012 Adjourned Session of the 2012 Annual Town Meeting, cont... Glenn Parker reported unanimous support of Appropriation Committee. 9:08 p.m. Town Manager Carl Valente explained mechanics of the adjustment and impact on excluded debt. 9:10 p.m. Amendment Adopted Unanimously, Article 4, Line 2210 Adopted As Amended. 9:11 p.m. Selectman Hank Manz moved adjournment to 7:30 p.m., Wednesday, May 9, 2012, Cary Memorial Ha1L Questioning followed on status of upcoming Article 34 and Wright Farm purchase. Motion to Adjourn Adopted. _ � � A true copy. �1 �, Attest: �`�'�� Donna M. Hooper, Town Clerk May 9,2012 Adjourned Session of the 2012 Annual Town Meeting � The eighth session of the 2012 Annual Town Meeting was called to order by Moderator � Deborah J. Brown at 7:30 p.m. Wednesday,May 9,2012, Cary Memorial Hall; a �; quorum of 184 present. � � 7:36 p.m. The Moderator declared a recess for a brief presentation by the � Community Center Task Force. � 7:38 p.m. Town Manager Carl Valente introduced John Wilson,newly appointed Fire Chief. � 7:42 p.m. Returned to session, Selectman Hank Manz moved Article 34 be taken up. �, Adopted Unanimously. � � � 7:43 p.m. Presented by Trisha Perez Kennealy. � ARTICLE 34: AMEND ZONING BY-LAW-DANA HOME PROPERTY LAND �- � REZO�NG(OWNER ARTICLE� � MOT�ON: That the Zoning By-Law, Chapter 135 of the code of the Town of � Lexington, including the Zoning Map be amended by changing the district designation of � the land, commonly known as 2027 and 2013 Massachusetts Avenue and shown on Town � N Assessors' Map 49 as Parcel2 and on Map 57 as parcel 12, described in further detail by � o metes and bounds in Appendix B of the PDSDUP referenced below, from the current RS " `" One Family Dwelling District to a CD Planned Comxnercial District subject to the � � � � Preliminary Site Development and Use Plan(PSDUP) dated December 29, 2011 on file o �, with the Town Clerk and the Planning Board in accordance with Section 135-42 of the __ � � Zoning Bylaw. � �, +-� �° � 7:43 p.m. Trisha Perez Kennealy moved the amendment to the main motion: � `� MOTION TO AMEND MAIN MOTION: � � That the main motion be amended so that the land in the CD Planned Commercial a o District referenced therein shall be subject to the revised and resubmitted Preliminary Site 6 �' Development and Use Plan(PSDUP) dated Apri120, 2012 as referenced in a letter from Trisha Perez Kennealy dated April 20, 2012 and on file with the Pla.nning Board and Town Clerk, all in accordance with the provisions of Section 135-42 of the Zoning By- Law. 7:44 p.m. Gregory Zurlo reported unanimous support of the Planning Board to the ; amendment to the main motion. Deborah Mauger reported the unanimous support of the Board of Selectmen to the , amendment to the main motion. 7:44 p.m. The Moderator declared the motion to substitute the main motion adopted by more than the necessa�y two-thirds. 7:45 p.m. Trisha Perez Kennealy presented the motion as amended. 8:03 p.m. Wendy Manz moved the Report of the Planning Board be received and placed on file. Adopted Unanunously. Ms. Manz reviewed and reported the support of the Planning Board on a vote of 4 in support and 1 opposed. 8:25 p.m. Deborah Mauger reported the support of the Board of Selectmen on a vote of 4 in favor and 1 opposed. 8:29 p.m. Selectman Peter Kelley reviewed his opposition. - - __- --- _ _ _ __- i-- -_—__ __ __ _ ___ � _ 195 May 9, 2012 Adjourned Session of the 2012 Annual Town Meeting, cont... 8:33 p.m. Joyce Miller,pr.7,reported the unanimous vote of the Conservation Commission on its issued order of conditions. 8:39 p.m. Dawn McKenna,pr.6,reported the support of the Tourism Committee, on a vote of 8 in support and 1 opposed, for the Inn at Hastings—Article 34. 8:45 p.m. Jerold Michelson;pr.5,reported support of the Center Committee for the proposal,with 1 abstaining, a unanunous vote. 8:47 p.m. Planning Board member Richard Canale reviewed his opposition. 8:50 p.m. Members spoke in support and opposition, questioned recusals and the transferability of the Memorandum of Understanding. Counsel Kevin Batt responded,with Wendy Manz responding further. - 9:08 p.m. The Moderator, alternating between citizens from the audience and Town Meeting Members,recognized those to speak in support and opposition. . Members and citizens spoke to spot zoning,possible back-up plans for properiy use, alcoholic licensing, and driveway configuration at the Worthen Rd corner. 9:33 p.m. Town Engineer John Livsey spoke to the Worthen Rd driveway access anct'egress configuration. Trisha Perez Kennealy responded to questions,including Inn uses,and trash collection and removal procedures. 9:51 p.m. David Burns,pr.5,moved the question. Not Adopted. 9:53 p.m. Members and area residents continued to speak in support and opposition, questioning traffic and parking needs, and permitted uses for the facility within current zoning laws. 10:15 p.m. Charles Hornig,Planning Board,reviewed by-right uses of the building as currently situation on the property. 10:30 p.m. Charles Hornig responded to questioning on impact on properiy development if Historic Districts Commission were to disapprove the plans. Members and area residents continued to speak in support and opposition, questioning impact on residents of the adjacent Judges Rd cooperative housing complex, size and setback of proposal, and Worthen Rd access configuration. 10:47 p.m. Planning Board Members Charles Hornig and Wendy Manz commented on setbacks and compromises. 10:49 p.m. Town Engineer John Livsey commented on Worthen Rd driveway configuration. - 10:52 pm. Members and area residents continued to speak in support and opposition. 10:56 p.m. Deborah Strod,pr.6, called the question. Motion Adopted. 10:58 p.m. Trisha Perez Kennealy summarized requested action and expressed her. appreciation. 11:10 p.m. Article 34 as amended declared adopted by the Moderator on a vote of 138 in favor and 44 in o osition,tallied as follows: 1 2 3 4 5 6 7 8 9 AL Total YES 16 15 12 11 16 15 19 13 15 6 138 NO 4 4 7 10 5 3 2 4 3 2 44 ' 11:10 p.m. Hank Manz moved the meeting be adjourned to 7:30 p.m., Wednesday, May 16,2012, Cary Memorial Ha11. Adopted. A true copy. ^ Attest: � Donna M. Hooper, Town Clerk ��96 May 16,2012 Adjourned Session of the 2012 Annual Town Meeting The ninth session of the 2012 Annual Town Meeting was called to order by Moderator Deborah J. Brown at 7:30 p.m. Wednesday, May 16,2012, Cary Memorial Hall; a quorum of 149 present. 7:35 p.m. The Moderator called a recess for announcements of the Town Meeting . Members Association on the Le�ngton 300�`Anniversary Celebration publication and involvement of Town Meeting. 7:43 p.m. The Moderator called the Meeting to order and noted the recent passing of Allan Kenney, Selectman 1967-1976. ---,� 7:45 p.m. Charles Lamb, Capital Expenditures Committee,moved the Supplemental � Report of the Capital Expenditures Committee be received and placed on file. Adopted Unanimously. 7:45 p.m. Presented by Wendy Manz. ARTICLE 9: LAND PURCHASE—OFF GROVE STREET 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 public passive outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, as amended, 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 the 13.6 acres of land located off Grove Street, shown as Lot 1 on Assessors' Property Map 91, now or formerly of Wright, and that(a)the sum of$3,072,000 be appropriated for such land acquisition, and all incidental costs related thereto, and to meet this appropriation $122,000 be appropriated from Unbudgeted Reserve of the Community Preservation Fund,and the Treasurer,with the approval of the Board of Selectmen, is authorized to borrow$2,950,000 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; (b) $37,000 be appropriated from Unbudgeted Reserve of the Community Preservation Fund for debt service and related borrowing costs of the Community Preservation Fund for fiscal year �--, 2013; and(c)the Conservation Commission, on behalf of the Town, is authorized to apply for and•receive funding under the Local Acquisitions for Natural Diversity(LAND) Grant Program under M.G.L. Chapter 132A, Section 11 of the Commonwealth of Massachusetts to reimburse the Town for a portion of the purchase price of the property described above;to enter into any contracts and agreements related to the application or the award of funds; and to grant a perpetual conservation restriction on the property, which restriction will run, on tenns acceptable to the Conservation Commission,to a conservation organization selected by the Conservation Commission pursuant to the requirements of the Community Preservation Act,Massachusetts General Laws Chapter 44B. - 7:46 p.m. Ms. Manz moved the report of the Coxnmunity Preservation Committee be received and placed on file. Adopted. Ms. Manz reported the support of the Community Preservation on a vote of 6 in favor, 2 opposed, and 1 abstaining. 7:48 p.m. Phil Hamilton, Conservation Commission,reviewed requested action for the purchase of the Wright Farm property. 7:57 p.m. Shirley Stolz reported the unanimous support of the Capital Expenditures Committee;the Committee recommends Indefinite Postponement of Article 10. 8:01 p.m. Glenn Parker reported the support of the Appropriation Committee on a vote of 7 in favor and zero opposed. 8:01 p.m. Peter Kelley reported unanimous support of the Board of Selectmen. 8:03 p.m. Richard Cana1e reported unanimous support of Planning Board. 8:04 p.m. Citizens for Le�ngton Conservation representative Keith Omart reported support. 8:06 p.m. Phil Hamilton responded to questions on the adjacent property in Burlington and on land use. 8:09 p.m. Members spoke in support and questioned right of first refusal on farmland and on planned land use. - _ - _ --_ _ __ __ --- - 1 ___ ____ _ _ --__ __- � - _ _ __ 19� May 16, 2012 Adjourned Session of the 2012 Annual Town Meeting, cont... 8:13 p.m. Phil Hamilton explained with conservation use in mind, a land use management plan will be developed. z 8:17 p.m. John Hayward,pr.5,called the question. Adopted. 8:17 p.m. The Moderator declared the motion adopted by more than the necessary two-thirds. ` 8:18 p.m. Presented by Selectman Hank Manz. ARTICLE 10: LAND PURCHASE—OFF GROVE STREET MOTION: That this article be indefinitely postponed. - 8:18 p.m. The Moderator reported concurrence of the Conservation Coxnmission and Community Preservation Committee. 8:18 p.m. Adopted Unanimously. 8:19 p.m. Selectman Hank Manz extended appreciation to the Moderator and to the many involved in the 2012 Town Meeting. 8:20 p.m. Hank Manz moved the 2012 Annual Town Meeting be dissolved. 8:21 p.m. Adopted. A true copy. Attest: Donna M. Hooper, Town Clerk Stephen D. Cole, Jr. , 857 Emerson Gardens Rd, Town Meeting Member from Precinct 1, with a term expiring March 2013, removed from town effective June 21, 2012. Steven A. Kropper, 48 Pieasant St. , Town Meeting Member from Precinct 2, with a term expiring March 2015, was by vote of the Board of Registrars on July 31, 2012 disqualified from being a registered voter in Lexington. , ,:�`8 (Warrant for State Primary— See WARRANT FILE) STATE PRIMARY—THURSDAY, SEPTEMBER 6, 2012 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexingt�n on Thursday, September 6,2012—7:00 a.m.—8:00 p.m. The following places were designated as the voting places for the uarious precincts: Precinct One, Cary Memorial Hall; Precinct Two, Bowman School; Precinct Three, Clarke Middle School; Precinct Four, Bridge School; Precinct Five, Cary Memorial Hall; Precinct Six, Diamond Middle School; Precinct Seven, Estabrook . School, Precinct Eight, Samuel Hadley Public Services Building; Precinct Nine, Hastings School. The election officers and Wardens of the various precincts were assigned for duty as follows: Precinct 1: Warden: Richard Pemberton [U]; Clerk: Barry Sampson [U], Eileen G. McAlduff [U], ' Jeannette Cerulli [D], Richard Spillane [U], Edwina Spillane [U], Doris Pemberton [U], William J. Barrett [R], Verna Thayer[U], Renee Reynolds[D],Carol Sampson [U]. Precinct 2: Warden: Rebecca Fagan Gorospe [U]; Clerk: Richard Eaton [U]; Inspectors: Susanne Hays [U],Arline Burns [U], Marita Hartshorn [D], Robert Hartshorn [D], Katherine 0'Sullivan [U], Claire Martin [U], Margaret Ouellette[D],Josephine Petner[D]. Precinct 3: Warden: Faith Fenske [U]; Clerk: Elaine Quinaln [U] Inspectors: Sandra Natale [U], Joanne Andrellos [R], Ann Canter [D], Yang Gao [U], Maria Griffin [U], Gerald McGrath [U], Arlene McGrath [U], Elizabeth McLaughlin[U], Laura Welby[U]. Precinct 4: Warden: Linda Dixon [U]; Clerk: Evangeline Puopolo [U]; Inspectors: Dana Regillo[R], Eleanor Smith [U], Beverly F. Aker [U], John Yanakis [U], Edith Barbieri [U], Mary Lou Burke [U], Gloria Curran[U],Anne Mary Dunn [U], Michael Fenollosa[D], Precinct 5: Warden: Marie Hill [U]; Clerk: Josephine Bailey [U]; Inspectors: Linda Cohen [U], Christine Hill [D], Mary Tashjian [U], Joel Adler[U], Judy Cooper[D], Joan'Granger[U], Adrian Reynolds [D], Lorraine Setterluntl [U], Stephen Tauber[D]. Precinct 6: Warden: Dorothy Boggia [R); Clerk: Ann Webster [U]; Charles Price [U], Margaret Freeman [U], Charles Freeman [R], Joann Gschwendtner [U], E. Ashley Rooney [D], D. Peter Lund [R], Richard Bair[D], Hazel Graham [D],Jane Halverson[U], Elizabeth Sullivan[D]. Precinct 7: Warden:Alice M. Pierce (D]; Clerk: Margaret Bradley[D]; Inspectors: Mabel Amar[D], Charlotte Ford [D], Isabelle Bennett[R], Mary Ayvazian [D], Mary Bumell [U], Barbara Mix [R], Jane Trudeau [D], James Wood [D], Martha Wood [D]. Precinct 8: Warden: Chet Webster [U]; Clerk: Amy Rubin [U]; Inspectors; Ann Diamond [U], Elinor Bettencourt [R], Barbara L. Perrotta [D], Anthony Montagna [U], Anne 0'Neill [U], Carol Flynn [U], - Maureen Bums[U], Margaret Counts-Klebe[D],Julie Miller[U]. Precinct 9: Warden: Shirley Ament-Bergey [D]; Clerk: Julie Claire Sibert [D]; Inspectors: Dorothy Bolduc [U], Carole Scalise [R], Edgar Knudson [D], Mary Connor[D], L. Susan Conway [U], Patricia Costello [U], Francine Edwards[D], Harry Farrington[U], Louis Mula[U], Dale Pease[U], Elizabeth Weiss[U]. The election officers were sworn to the faithful performance of their duties. The polls were declared open in- each precinct at severi o'clock A.M. and remained open until eight o'clock P.M., at which time, after due notice,the polls were declared closed. The total number of registered voters in each precinct eligible to vote as of August 25, 2010 is as follows: Registered Voters Registered Green- Precinct Voters Democrat Rainbow Republican Unenrolled Other 1 2160 854 2 195 1104 5 2 2519 1055 6 216 1238 4 3 2127 830 1 224 1065 7 4 2510 1024 2 231 1247 6 5 2652 1001 2 288 1358 3 6 2497 965 ] 317 1206 8 7 2465 915 4 235 1307 4 8 2370 907 1 226 1226 10 9 2410 850 1 257 1295 7 Totals 21710 8401 20 2189 11046 54 Recap sheets were delivered to the Town Clerk at the Town Office Building. 17% of the registered voters cast their vote. The Town Clerk canvassed the results: ABSENTEE BALLOTS Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct S Pct 9 TOTAL Total Ballots Processed 43 47 74 44 45 42 33 67 56 451 Absentees Voted In-Person 6 14 15 14 17 12 11 28 28 145 Specially Qualified Processed 3 4 3 4 3 1 2 2 1 23 Specially Qualified Refum&Count 1 0 1 0 2 1 1 1 0 7 Total Ballots Retumed&Counted 31 28 57 29 33 23 27 51 42 321 Ballots RejectedlLatelNot retumed 12 19 17 15 12 19 6 16 14 130 _ _____ ___ __ ___ _____ - ___ _ _. -- _ _ _ _ _- -- _ _ _-------,-- — -� �e�� Sepfember 6, 2012 Sfate Primary,conf.... PRECINCT SUMMARY Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL Total Registered voters 2160 2519 2127 2510 2652 2497 2465 2370 2410 21710 Total Votes 227 346 551 344 330 330 340 700 584 3752 Democratic 187 304 480 291 260 257 274 619 483 3155 Republican 40 41 71 53 70 73 66 81 100 595 Green-Rainbow 0 1 0 0 0 0 0 0 1 2 Total VoteslReg Voters 11% 14% 26% 14% 12% 13% 14% 30% 24% 17% DEMOCRATIC PARTY � Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL �-- TotalReg Voters 2160 2519 2127 2510 2652 2497 2465 2370 2410 21710 TotalVotes 187 304 480 290 260 257 274 619 483 3154 %(Total VoteslTotai Voters) 9% 12% 23% 12% 10% 10% 11% 26% 20% 15% Total Reg Democrats 854 1055 830 1024 1001 965 915 907 850 8401 %(Total VoteslTotal Parry) 22% 29% 58% 28% 26% 27% 30% 68% 57% 38% Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL SENATOR IN CONGRESS ELIZABETH A.WARREN 170 283 457 275 241 232 254 570 438 2920 Scotf Brown 1 1 2 1 1 3 2 11 BLANKS 15 17 21 16 19 23 18 44 40 213 ALLOTHERS 1 3 0 0 -0 1 1 2 3 11 REPRESENTATIVE IN CONGRESS-Fifth District EDWARD J. MARKEY 166 283 436 274 232 239 253 539 429 2851 BLANKS 21 20 43 17 28 18 20 80 53 300 ALL OTHERS 0 1 1 0 0 0 1 0 1 4 COUNCILLOR-Third District MARILYN M PETITTO DEVANEY 71 85 126 83 80 67 69 191 166 938 HARRY S. MARGOLIS 46 105 138 70 52 78 81 116 85 771 CHARLES N.SHAPIRO 37 50 79 75 79 72 60 118 100 670 BLANKS 33 64 137 63 49 40 63 194 132 775 " ALL OTHERS 0 0 0 0 0 0 1 0 0 1 SENATOR IN GENERAL COURT-Fourth Middlesex District(1,2,4-7j KENNETH J.DONNELLY . 157 245 221 200 206 222 ��' 'y` - . 1251 �,: .: BLANKS 30 57 � 70 60 51 51 319 ALL OTHERS 0 2 0 0 0 1 ; 3 SENATOR IN GENERAL COURT-Third Middlesex District(3,8,9) � �: w � �. �;�„ � MICHAEL J. BARRETT ' " �� 386 �.w � 514 348 1248 ALEXANDER E. BUCK �, � �� 3 �� " s" �� 2 2 7 MARA MARIE DOLAN ._ . � 20 - �`��`'` 26 27 73 �,, JOE KEARNS GOODWW ��° , � � - 64 " �� f�r��•� s ��`��° : 70 94 228 �� s� 5� _ �� JOSEPH W. MULLIN �' :�. ��` ;- 1 : �`"p` � � ��" 4 5 10 BLANKS 6 ` „ �' �� 3 7 16 ALL OTHERS 0 0 0 0 REPRESENTATIVE IN GENERAL COURT-Fifteenth Middlesex District JAY R.KAUFMAN 163 279 423 266 223 233 255 548 438 2828 BLANKS 23 24 57 25 36 22 18 71 45 321 ALL OTHERS 1 1 0 0 1 2 1 0 0 6 CLERK OF COURTS-Middlesex County MICHAEL A SULLIVAN 139 219 316 190 175 171 192 413 340 2155 BLANKS 47 84 164 101 85 86 82 206 143 998 ALL OTHERS 1 1 0 0 0 0 0 0 0 2 REGISTER OF DEEDS-Middlesex Southern District ROBERT B.ANTONELLI 19 35 42 21 22 18 21 61 67 306 FRANK J.CIANO 35 51 66 45 50 35 30 93 59 464 THOMAS B. CONCANNON,JR 22 21 52 30 29 22 35 50 51 312 MARIA C.CURTATONE 24 39 42 41 39 49 32 72 61 399 TIZIANO DOTO 10 14 14 12 9 14 13 19 13 . ' 118 MARYANN M.HEUSTON 33 60 82 64 51 70 69 99 81 609 BLANKS 44 83 182 78 60 49 74 225 151 946 ALL OTHERS 0 1 0 0 0 0 0 0 0 1 200 September 6, 2012 Sfate Primary,conf.... SHERIFF-Middfesex County PETER J. . ` KOUTOUJIAN � 144 221 324 198 184 181 195 414 340 2201 BLANKS 42 82 154 93 75 76 77 205 141 945 ALL OTHERS 1 1 2 0 1 0 2 0 2 9 REPUBLICAN PARTY Pct 7 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL TotalReg Voters 2160 2519 2127 2510 2652 2497 2465 2370 2410 21710 Total Votes 40 41 71 53 � 70 73 66 81 100 595 %(Total voteslTotai Voters) 2% 2% 3% 2% 3% 3% 3% 3% 4% 3% Total Reg Republicans 195 216 224 231 288 317 235 226 257 2189 `� %(Total VoteslTotal Party) 21% 19% 32% 23% 24% 23% 28% 36% 39% 27% � Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL SENATOR IN CONGRESS SCOTT P. BROWN 38 40 65 48 69 68 65 76 97 566 BLANKS 2 1 6 4 1 4 1 5 3 27 ALL OTHERS 0 0 0 1 0 1 0 0 0 2 REPRESENTATIVE IN CONGRESS-Fifth�District FRANK JOHN ADDIVINOLA,JR. 4 7 2 �2 $ 6 8 �� 13 7� JEFFREY M.SEMON 29 25 58 27 48 54 46 46 55 388 TOM TIERNEY 6 6 5 6 11 11 7 18 17 87 BLANKS 1 3 5 8 3 2 5 7 15 49 ALL OTHERS 0 0 1 0 0 0 0 0 0 1 COUNCILLOR-Third District BLANKS 40 41 70 52 69 72 65 79 99 587 ALL OTHERS 0 0 1 1 1 1 1 2 1 8 SENATOR IN GENERAL COURT-Fourth Middlesex District(1,2,4-7) GERRY C.DEMBROWSKI 29 28 ' 34 49 52 46 238 BLANKS 11 13 � 18 21 21 20 104 ALLOTHERS 0 0 � 1 0 0 0 �'�'' � �a; � 1 SENATOR IN GENERAL COURT-Third Middlesex Distnct(3,8,9 _ GREGORY P. HOWES �� 34 `�� ,��Q 29 35 98 � � . �:�:. � -�� SANDI MARTINEZ '��'`� � 30 �� #; 42 57 129 BLANKS �� `°��' 7 ;��i ' 10 8 25 ALL OTHERS �_' 0 °' � ""�� 0 0 0 �� . REPRESENTATIVE IN GENERAL COURT-Fifteenth Middlesex District BLANKS - 40 41 71 52 70 71 65 80 99 589 ALL OTHERS 0 0 0 1 0 2 1 1 1 6 CLERK OF COURTS-Middlesex County BLANKS 40 40 70 52 70 72 66 80 98 588 ALL OTHERS 0 1 1 1 0 1 0 1 2 7 REGISTER OF DEEDS-Middlesex Southern District BLANKS 38 40 70 53 70 72 66 80 99 588 ALL OTHERS 2 1 1 0 0 4 0 1 1 7 SHERIFF-Middlesex County BLANKS 38 39 70 52 70 71 65 80 97 582 '. ALL OTHERS 2 2 1 1 0 2 1 1 3 13 GREEN-RAINBOW PARTY Pct 1 Pct 2 Pct 3 Pct4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL Totai Reg Voters 2160 2519 2127 2510 2652 2497 2465 2370 2410 21710 Total Votes 0 1 0 0 0 0 0 0 1 2 %(Total VoteslTotal Voters) 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% ' Total Reg Green-Rainbow 2 6 1 2 2 1 4 1 1 20 %(Total voteslTotal Party) 0% 17% 0% 0% 0% 0% 0% 0% 100% 10% Pct 1 Pct2 Pct 3 Pct4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL SENATOR IN CONGRESS BLANKS 0 1 0 0 0 0 0 0 1 2 ALL OTHERS 0 0 0 0 0 0 0 0 0 0 REPRESENTATIVE IN CONGRESS-Fifth District BLANKS 0 1 0 0 0 0 0 0 1 2 ALL OTHERS 0 0 0 0 0 0 0 0 0 0 COUNCILLOR-Third District BLANKS 0 1 0 0 0 0 0 0 1 2 ' ALL OTHERS 0 0 0 0 0 0 0 0 0 0 - _ _ _ _ _ __ ___ __ ___ ., --_ — --—-_ — - _ _— -— ----— T - _ � 201 Sepfember 6, 2012 State Primary,cont.... SENATOR IIV GEI�ERAL COURT-Fourth Middlesex District(1,2,4-7) � BLANKS � 0 1 �� 0 0 0 0 ��"�'�� 1 ALL OTHERS 0 0 0 0 0 0 ��' - 0 SENATOR IN GENERAL COURT-Third Middlesex District(3,8,9) BLANKS s�� ..`.g:. ��£� 0 1 � ALL OTHERS ��3�:.� 0 ;�= °� �.�;��: 0 0 0 REPRESENTATIVE W GENERAL COURT-Fifteenth Middlesex District BLANKS 0 1 0 0 0 0 0 0 1 2 ; ALL OTHERS 0 0 0 0 0 0 0 0 0 0 CLERK OF COURTS-Middlesex County BLANKS 0 1 0 0 0 0 0 0 1 2 ALL OTHERS 0 0 0 0 0 0 0 0 0 0 REGISTER OF DEEDS-Middlesex Southem District BLANKS 0 1 0 0 0 0 0 0 1 2 ALL OTHERS 0 0 0 0 0 0 0 0 0 0 SHERIFF-Middlesex County BLANKS 0 1 0 0 0 0 0 0 1 2 ALL OTHERS 0 0 0 0 0 0 0 0 0 0 A true copy. � Attest: , r Donna M. Hooper, Town Clerk �02 (Warrant for State Election—See WARRANT FILE) STATE ELECTION-TUESDAY, NOVEMBER 6,2012 In pursuance of the foregoing warrant the legai voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Tuesday, November 6,2012 at 7:00 a.m. The following places were designated as the voting places for the various precincts: Precinct One, Cary Memorial Hall; Precinct Two, Bowman School; Precinct Three, Clarke Middle School; Precinct Four, Bridge School; Precinct Five, Cary Memorial Hall; Precinct Six, Diamond Middle School; Precinct Seven, Estabrook School, Precinct Eight, Samuel Hadley Public Services Building; Precinct Nine, Maria , Hastings SchooL , The election officers and Wardens of the various precincts were assigned for duty as follows: Precinct 1: Warden: Richard Pemberton [U]; Clerks: Barry Sampson [U] & Richard Spillane [U]; Inspectors: Eileen G. McAlduff [D], Jeannette Cerulli [D], Edwina Spillane [U], Doris Pemberton [U], William J. Barrett [R], Carol Sampson[U].Verna Thayer[U], Marion Barry[D], Joel Adler[U]. Precinct 2: Warden: Rebecca Fagan Gorospe [U]; Clerks: Richard Eaton [U] & Susanne Hays [U]; Inspectors: Marita Hartshom[D];Robert Hartshorn[D], Arline Burns[U], Claire Martin [D], Katherine 0'Sullivan [U], Margaret Ouellette[D],Sonya Hagopian[U] ,Ann Anderson[D],Josephine Petner[D]. Precinct 3: Warden: Shiriey R. Frawley[D]; Clerks: Elaine Qu�nlan [U] &William Frawley[D]; Inspectors: Laura Welby [U], Ann Canter[D], Stacey Hamilton [D], Sandra Natale [U], Edward Natale, Sr. [U], J. David MacLellan [U], Nancy Hubert[D], Maarib Bazzaz[D], Maria Griffin[UJ,Yang Gao[U],,lulie Sibert[l1],Charles Winchester[R]. Precinct 4: Warden: Linda Dixon [U]; Clerks: Evangeline Puopolo [U] & Michael Fenollosa [D]; Inspectors: Dana Regillo [R], Eleanor Smith [U], Beverly F. Aker[U], Gloria Curran [U], Raya Gildor [U], John Yanakis [U], MaryLou Burke[U],Anne Mary Dunn[U], Mary Devoe[U], Francine Edwards[D], Edith Barbieri[U]. Precinct 5: Warden: Marie Hill [U]; Clerks: ;Josephine Bailey [U] & Donna M. Keane [U]; Inspectors: Mary Tashjian [U], Linda Cohen [U], Christine Hill [D]. Arlene Ellen McGrath [U], Gerald McGrath [U], Lorraine Setterlund[U];Joanne Andrellos[R],Barbara Mix[RJ,Marie Sullivan[U],Joan Granger[UJ. Precinct 6: Warden: Dorothy Boggia[R]; Clerks:Ann Webster[U]& Richard Bair[U] ; Inspectors: Charles Price [U], Sandra Gasbarro[U], Joann Gschwendtner[U], D. Peter Lund [R], E.Ashley Rooney[D], Elizabeth Sullivan [D], Diane Biglow[U], L. Susan Conway[U], Charles Freeman [R], Susan Folger[U],Judy Cooper[D], Margaret Freeman[U], Hazel Graham[D],Elizabeth Golovchenko[U]. Precinct 7: Warden: Alice M. Pierce [D]; Clerks: Margaret Bradley [D] & Mabel Amar [D]; Inspectors: Isabelle Bennett[R], Mary Burnell [U], Mary Ayvazian [D], Doris Barg [U], Pamela Marshall [D], Martha Wood [D], James Wood[D],Jane Trudeau[D], Renee Reynolds[D],Adrian Reynolds[D], Ephraim Weiss[D]. Precinct 8: Warden: Chet P. Webster[U]; Clerks: Amy Rubin [D] & Barbara L. Perrotta [D]; Inspectors: Ann Diamond [U], Elinor Bettencourt[R], Anthony Montagna [U], Anne 0'Neil! [U], Julie Miller[U], Maureen Burns [U],Patricia Costello[U], Margaret Counts-Klebe[D],Theresa Leslie[U],Carol�lynn[U]. Precinct 9: Warden: Shirley Ament-Bergey[D]; Clerks: Clark Schuler[U] & Mary Ellen Turner[U]; Inspectors: Juditfi Schuler[U], Dorothy Bolduc[U],Carole Scalise(R], Harry Farrington[U], Edgar Knudson[D], Louis Mula [U], Marsha Baker[D],Harry Forsdick[U],Dale Pease[U],Mary Gillespie[D],Janet Lowther[R],Constance Cooper DJ. The election officers were sworn to the faithful performance of their duties. The polls were declared open in each precinct at seven o'clock A.M. and remained open until eight o'clock P.M., at which time, after due notice, declared closed: The total number of registered voters in each precinct eligibie to vote as of October 17, 2012: Absentee&Provisional Ballots ' Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct7 Pct8 Pct9 TOTAL Registered,Specially Qualified&UOCAVA Ballots Processed 254 317 300 370 405 374 303 272 318 2913 Voted In-Person&Counted 81 83 89 112 121 102 107 73 88 856 Returned&Counted 160 200 187 ' 221 237 222 162 170 188 1747 Re'ectedlLate/Not retumed 13 34 24 37 47 50 34 29 42 310 Federal Write-In Received& � � � Counted 7 9 6 5 6 9 7 6 11 _ 66 Total Absentee Ballots 261 326 306 375 411 383 310 278 329 2979 UOCAVA Ballots Processed 13 19 10 13 23 23 11 14 11 137 UOCAVA Ballots ReYd/Counted 13 19 10 8 20 22 9 9 9 119 Provisional Ballots Processed 1 3 6 �2 8 7 3 0 4 44 Provisional Ballbts Cast 1 1 0 2 4 1 2 0 3 14 __ _ __ __ __ _ ---__ __ -�_____-- -_ ____ _ -- _ � -- _ � 203 November 6, 2012 State Election, cont.... Re istered Voters Registered Green- Precinct Voters Democrat Rainbow Republican Unenrolled Other 1 2208 873 2 200 1128 5 2 2569 1067 6 217 1275 4 3 2228 863 2 230 1126 7 4 . 2552 1032 3 237 1276 4 � 5 2670 994 2 294 1377 3 6 2547 967 1 322 1252 5 ,� __ 7 2504 921 4 236 1339 4 8 2438 930 1 233 1265 9 9 2482 874 1 261 1341 5 Totals 22198 8521 22 2230 11379 46 Recap sheets were delivered to the Town Clerk at the Town Office Building; 83%of the registered voters cast their vote. The Town Clerk canvassed the results: November 6, 2012 State Election Results Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL TotalRe Voters 2208 2569 2228 2552 2670 2547 2504 2438 2482 22198 TotalVotes 1762 2197 1794 2174 2189 2135 2106 2027 2055 18439 Percent(Total Votes/Total Voters 80% 86% 81% 85% 82% 84% 84% 83% 83% 83% Pct 1 Pct2 Pct3 Pct4 Pct5 Pct6 Pct7 Pct8 Pct9 TOTAL PRESIDENT/VICE PRESIDENT JOHNSON AND GRAY 6 19 8 18 �6 10 16 ' 17 27 137 OBAMA AND BIDEN 1204 1609 1294 1514 1455 1417 1477 1425 1355 12750 ROMNEY AND RYAN 525 528 471 609 683 685 589 555 648 5293 STEIN AND HONKALA 19 26 17 24 24 10 13 13 14 160 ALL 07HERS 1 2 1 0 3 3 1 8 6 25 BLANKS 7 13 3 9 8 10 10 9 5 74 SENATORIN CONGRESS SCOTT P. BROWN 614 651 555 744 799 820 737 688 789 6397 ELIZABETH A. WARREN 1135 1537 1221 1411 . 1378 1303 1357 1327 1253 11922 ALL OTHERS 1 0 0 1 0 0 0 1 0 3 BLANK 12 9 18 18 12 12 12 11 13 117 REPRESENTATIVE IN CONGRESS-Fifth District EDWARD J. MARKEY 1285 1689 1344 1607 1593 1523 1543 1486 1461 13531 TOM TIERNEY 370 392 347 442 474 498 448 421 479 3871 ALL OTHERS 4 1 1 6 6 0 0 1 0 19 BLAN K 103 115 102 119 116 114 115 119 115 1018 COUNCILLOR—Third District MARILYN M. PETITTO DEVANEY 1074 1421 1111 1294 1292 1268 1264 1246 1224 11194 THOMAS SHEFF 292 285 294 399 408 395 387 339 384 3183 ALL OTHERS 5 4 1 6 3 1 4 1 4 29 BLAN K 391 487 388 475 486 471 451 441 443 4033 � SENATOR IN GENERAL COURT—Fourth Middlesex District 1 2 4-7 KENNETH J. DON NELLY 1182 '536 — 1422 1394 1361 1367 -- -- 8262 � GERRY C. DEMBROWSKI 347 375 — 46� 514 497 470 -- — 2666 ALL OTHERS 4 3 — 2 0 1 1 — — 11 BLANK 229 283 — 287 281 276 268 — — 1624 SENATOR IN GENERAL COURT—Third Middlesex District 3 8 9 MICHAEL J. BARREIT — — 1253 — — — -- 1488 1357 4098 SANDI MARTINEZ — -- 349 -- — — — 377 501 ' 1227 ALL OTHERS — — 0 — — — — 0 3 3 BLANKS — -- 192 — — — — 162 194 548 `��- . November 6, 2012 Sfate Elecfion, conf.... REPRESENTATIVE IN GENERAL COURT-Fifteenth Middlesex District JAY R.KAUFMAN 1327 1714 1380 1677 1662 1649 1650 1605 1578 14275 ALL OTHERS 8 15 4 15 9 23 7 8 12 101 BLANKS 427 435 410 482 518 463 449 414 465 4063 CLERK OF COURTS-Middlesex Coun MICHAEL A.SULLIVAN 1188 1530 1225 1421 1492 1421 1445 1402 1399 12523 , ALL OTHERS � 6 13 3 10 5 13 11 9 11 81 � BLANKS 568 654 566 743 692 701 650 616 645 5835 � REGISTER OF DEEDS-Middlesex Southern District MARIA C. CURTATONE 1160 1502 1204 1400 1470 1399 1429 1368 1383 12315 ALL OTHERS 6 9 2 10 9 13 11 5 10 75 BLANKS 596 686 588 764 710 723 666 654 662 6049 SHERIFP-Middlesex Coun PETER J. KOUTOUJIAN 1091 1460 1161 1282 1355 1281 1308 1219 1287 11444 ERNESTO M. PETRONE 247 241 232 332 323 332 326 305 308 2646 � ALL OTHERS 7 8 0 7 2 4 8 2 4 42 BLANKS 417 488 401 553 509 518 464 501 456 4307 QUESTION 1 Initiative Petition AVAILABILITY OF MOTOR VEHICLE REPAIR INFORMATION Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL YES 1300 1656 1270 1599 1621 1581 1606 1540 1559 13732 NO 186 201 187 241 220 213 193 178 206 1825 BLANKS 276 340 337 334 348 341 307 309 290 2882 QUESTION 2 Initiative Petition PRESCRIBING MEDICATION TO END LIFE Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL YES 978 1358 1114 1309 1257 1284 1252 1'185 1128 10865 NO 693 760 585 756 840 755 761 737 824 6711 BLANKS 91 79 95 109 92 96 93 105 103 863 QUESTION 3 Initiative Petition MEDICAL USE OF MARIJUANA Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL YES 1094 1439 1138 1338 1395 1334 1292 1241 1223 11494 NO 578 678 544 724 683 702 723 676 727 6035 BLANKS - 90 80 112 112- 111 99 •91 110 105 910 QUESTION 4(Not Binding) - SHALL STATE REPRESENTATIVE BE INSTRUCTED IN FAVOR OF RESOLUTION CALLING UPON CONGRE$S TO PROPOSE AN AM�NDMENT TO THE U.S.CONSTITUTION REGARDING CORPORATIONS AND POLITICAL CONTRIBUTIONS Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL YES .1167 1523 — 1479 1461 1385 1415 — -- 8430 NO 249 289 — 284 332 348 299 — -- 1801 BLANKS 346 385 — 411 396 402 392 — - 2332 QUESTION 4(Not Binding) - SHALL STATE SENATOR BE INSTRUCTED IN FAVOR OF RESOLUTION CALLING UPON CONGRESS TO PROPOSE AN AMENDMENT TO THE U.S.CONSTITUTION REGARDING CORPORATIONS AND POLITICAL CONTRIBUTIONS Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL YES — — 12?7 — 1355 1308 3880 NO — -- 240 — — — 310 327 877 BLANKS - -- 337 - — — 362 420 1119 QUESTION 5(Not Binding) - SHALL STATE REPRESENTATIVE BE INSTRUCTED TO VOTE IN FAVOR OF � RESOLUTION CALLING UPON CONGRESS TO PROPOSE AN AMENDMENT TO THE U.S.CONSTITUTION REGARDING CORPORATIONS AND POLITICAL CONTRIBUTIONS Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL YES — — 1197 — — — — 1345 1265 3807 NO — -- 237 — — — — 289 327 853 BLANKS — — 360 — — — — 393 463 1216 - -- ___ _ _ - -_. ___ ., _ ------- - _ _ --_--- - _ _ � _ ___ ___-- - _ 245 November 6, 2012 Stafe Election, cont.:.. QUESTION 5(Not Binding) - SHALL STATE REPRESENTATIVE BE INSTRUGTED TO VOTE IN FAVOR OF RESOLUTION CALLING UPON CONGRESS AND THE PRESIDENT TO VOTE IN FAVOR OF CERTAIN SPENDING PRIORITIES Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct9 TOTAL YES 1045 1359 — 9230 1284 1175 1243 — — 7336 NO 361 438 513 505 555 476 -- — 2848 BLANKS 356 400 — 431 400 , 405 387 — — 2379 QUESTION 6(Not Binding) - SHALL STATE REPRESENTATIVE BE INSTRUCTED TO VOTE IN FAVOR OF RESOLUTION CALLING UPON CONGRESS AND THE PRESIDENT TO VOTE IN FAVOR OF CERTAIN SPENDING PRIORITIES -- Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL YES — — 1072 — — — 1180 1123 3375 NO — — 370 — — — 451 481 1302 BLANKS -- - 352 — -- — — 396 451 1199 A true copy. � Attest: [ �� 9��. Donna M. Hooper, Town Clerk Michael J. Rodgers, Jr. , 25, Peacock Farm Rd, removed as a resident September 25, 2012. Mr. Rodgers' unexpired term (exp. 2014) will appear on'the March 2013 Annual Town Election ballot for precinct 2 ' Town Meeting. Steven A. Kropper, 48 Pleasant St, removed as a voter by vote of the Board of Registrars July 31, 2012. Mr. Kropper's unexpired term {exp. 2015) will appear on the 2013 Annual Town Election ballot for precinct 2 Town Meeting. � �_.�, Stacey A. Hamilton, 7332 Lexington Ridge Dr, resigned. as a Town Meeting Member December 28, 201�,� Ms. Hamilton's unexpired term (exp. 2015) will appear on the March 2013 Annual Town Election Ballot for precinct 3 Town.Meeting. Loretta A. Porter, 24 Fletcher Ave. , removed from precinct 5 effective July 19, 2012. Ms. Porter's unexpired term (exp. 2014) will appear on the March 2013 Annual Town Election ballot for precinct 5 Town Meeting. Sheldon A. Spector, 26 Suzanne Rd, resigned as a Town Meeting Member effective December 1, 2012. Mr. Spector's unexpired term (exp. 2015) will appear on the March 2013 Annual Town Election ballot yfor precinct 6 Town Meeting. - 206 � �`OVS MOqN�h . . . . p� 1775 Q ti A . . . Q y �Qv D . . <�� =y� �A�C1TC tif �.PXiTC�tOY�, �.��C�1:i�Ett� � � r APPILI9^ . . . �fXING"� `� . . OFFICE OF SELECTMEN � � DEBORAH N.MAUGER,CHAtRMAN - PETER C.J.KELLEY TEL:(181)862-0500 x208 NORMAN P.COHEN FqX: (781)863-8468 HANK MANZ GEORGE A.BURNELL . r��3�1-�l�1t311�1 i T�'laereas: Marge Battiu championed the Selecfman-Town Manager form of government; T�'hereas: She was first elected to Town Meeting in 1960 and was a member of Lexington Town Meeting for 50 years; - T�'hereas: She strengkhened our form of goveznment,by chairing the Structure of Town - � Government Committee which wrote the Selectinen-Town Manager Act; T�T'liereas: She served as a Selectman for twelve years and Chairman for three. T�'hereas: She served as the Moderator for 22 years,impressing all with her command of both parliamentary procedure and her ability to conduct an orderly and effective rneeting; T�hereas: She was a past president of both the Massachusetts Moderators Association and the Massachusetts Selectmen's Association; Whereas: She was a role model for all in town government and an inspiraiion to women who aspired to leadership roles; � � T�hereas: Her interests went beyond town government and included social and cultural . : endeavors; and Whereas: The main auditorium in Cary Hall is a focal point for many aspects of life in Lexington. NOW THEREFORE, WE THE LEXIIVGTONBOARD OF SELECMENproclai.m.that the main auditorium in the Isaac Harris Cary Memorial Building shall be called the: 1�'Iargery 1Vdilne�attin Hall . anc�we urge all citizens to follow the example of Mrs.Battin in helping other.s through the • devel pment f effective local government. � November 19,2012 __ - . .----- --___ _ - -- -- � __ __ _ __ _ __ _ _--- _ _ ___-_- _ 207 2012 Special Town Meeting November 19,2012 (See Warrant File for Warrant) The Special Town Meeting of Monday;November 19, 2012 was called to order by Moderator Deborah Brown at 7:30 p.m., Margery Milne Battin Ha11; a quorum of 157 present. The Moderator welcomed members to the newly named Margery Milne Battin Hall in honor of the contributions of former Selectman and Moderator Margery Milne Battin to Lexington during her residence of over 60 yeaxs. Town Clerk Donna M. Hooper read the Warrant for the Meeting until waived. The Town Clerk read the Constable's Return of the Warrant. � . �---- 7:35 p.m. The Moderator reviewed procedures and called a recess for an update from the Lexington 300�'Anniversaxy Celebzation Committee. Lexington 300th Anniversary Celebration Committee Events Co-Chair Jessie Steigerwald reviewed with members the plans for a Mock Town Meeting in conjunction with Lexington Public Schools and the eighth grade class. 7:45 p.m. The Moderator recognized�Town Meeting members Margery M. Battin,Daniel Lucas; and Georgia Williams,who recently passed away. ARTICLE L• REPORTS OF TOWN BOARDS, OFFICERS, COMIVIITTEES , Glenn Parker, Appropriation Committee Chair,moved the report of the Appropriation Committee be received and placed on file. Unanimously Adopted Beth Masterman, Capital Expenditures Committee,moved the report and errata of the Capital Expenditures Commiftee be received and placed on file. Unanimously Adopted 7:49 p.m. Selectman Chair Deborah Mauger moved articles 8 and 6 be taken up in that order. Unanimously Adopted. 7:49 p.m. Presented by Jeanne Kreiger,pr.3. ,._, ARTICLE 8: APPROVE TIF AGREEMENT(S) MOTION: I That the Town: (a)approve the fundamental terms and conditions, including but not limited to �_._ the tax exemption percentage schedules contained therein, of the Tax Increment Financing ("TTF")Agreement dated November 16,2012, (b) delegate to the Board of Selectmen the execution of the TIF Agreement; (c) approve the designation of the location of the 95 Hayden Economie Opporiunity Area(EOA), as the parcel shown on Assessors Map 17, Parcel 22; (d) approve the Tax Increment Financing Plan dated November 16, 2012; (e) authorize the Board of Selectmen to submit an application to the Massachusetts Economic Assistance Coordinating Council ("EACC") for the designation of the 95 Hayden EOA; (� authorize the Selectmen to make minor modifications to these documents as may be needed prior to submission to the EACC; (fl authorize the Board of Selectmen to execute any other documents related to and consistent with the TIF Agreement and submit such documents to the EACC; and(g) authorize the Board of Selectmen to take action to enforce or terminate the TIF Agreement, including � requesting that EACC decertify the TIF Plan, in the event that Vistaprint USA, Incorporated or Two Ledgemont LLC fail to substantially comply with the TIF Agreement as determined by the Board of Selectmen. 7:50 p.m. Michael Greiner, Vice President& Chief Accounting qfficer and Thomas]ausel, President& Chief Operating Officer, Hobbs Brook Management LLC discussed request and Jeanne Kreiger reviewed justification for support. 8:05 p.m. Selectman George Burnell requested Town Manager Carl Valente be recognized for �~ a report. Mr. Valente reported. Mr. Burnell the reported the Selectmen's unanimous support of the motion and the growth of the commercial t�base. Selectman Chair Deborah Mauger reported support. 8:27 p.m. Joe Pato,pr.2,Appropriation Committee Chairman, reported the support of the Appropriation Committee(6-2). 8:34 p.m. Appropriation Comrnittee member Alan Levirie spoke to the reasons for support. 8:39 p.m. Richard Canale,Planning Board, spoke on the Board's lack of position. 8:42 p:m. JohnMcWeeney,Economic Development Advisory Committee, spoke in support. 8:45 p.m. Members spoke in opposition and support, questioning the property, its development rights and assessment. Town Counsel Kevin Batt and Town Manager Carl Valente responded. :� 208 November 19, 2012 Special Town Meeting, cont... 8:57 p.m. Mary Jo Bohart reported the support of the Chamber of Commerce. 8:59 p.m. Members continued to speak in support and opposition, questioned any commitment from Vistaprint and impact of possible TIF on their remaining in Lexington. 9:22 p.m. John Hayward;pr.5, called the question. Motion Adopted. 9:23 p.m. , Following a voice vote the Moderator declared Article 8 Adopted. 9:24 p.m. presented by Margaret Coppe,pr9 ARTICLE 6: APPROPRIATE FOR NEW ESTASROOK SCHOOL MOTION: That the Town appropriate $2,600,000 in addition to the $39,724,248 previously � appropriated for the purpose of paying costs of demolishing the existing Estabrook School and �. constructing, originally equipping and furnishing a new Estabrook School to be located at 117 ..� Grove Street, including the payment of all costs incidental or related thereto (the"Project"), which school facility shall have an anticipated useful life as an educational facility for the instruction of school children for at least 50 years, and for which the Town may be eligible for a grant from the Massachusetts School Building Authority("MSBA"), said amount to be expended under the direction of the Permanent Building Committee. To meet this appropriation the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow said amount under M.G.L. Chapter 44, or pursuant to any other enabling authority. The Town acknowledges that the MSBA's grant program is a non-entitlement, discretionary program based on need, as determined by the MSBA, and any project costs the Town incurs in excess of any grant approved by and received from the MSBA shall be the sole responsibility of the Town;provided further that any grant that the Town may receive from the MSBA for the PrQject shall not exceed the lesser of(1)thirty-seven and twenty-seven hundredths percent(37.27%) of eligible, approved project costs, as deterrriined by the MSBA, or(2)the total maximum grant amount determined by the MSBA; and that the amount of borrowing authorized pursuant to this vote sha11 be reduced by any grant amount set forth in the project Funding Agreement that may be executed between the Town and the MSBA. Margaret Coppe reported the unanimous support of the School Committee. 9:26 p.m. Public Facilities Director Patrick Goddard presented requested action, followed by Permanent Building Committee Co-Chairman Jonathan Himmel. � 9:43 p.m. Willia:m Hurley, Capital Expenditures Committee, spoke in support and reported unanimous support of the Capital Expenditures Committee. `� 9:45 p.m. Mollie Garberg reported unanimous support of the Appropriation Committee (8-0). 9:45 p.m. Selectman Hank Manz reported support of the Board of Selectmen(4-0-1), Mr. Kelley abstaining. ' , 9:46 p.m. Following a voice vote the Moderator declared the motion adopted by more than the necessary two-thirds. �� ARTICLE 1: REPQRTS OF TOWN BOARDS, QFFICERS, COMMITTEES ,� 0 10:03 p.m. The Moderator recognized Town Manager Carl Valente to report on Articles 2, 3& � N 4. Selectman Chair Deborah Mauger moved the report of the Town Manager be received and �� placed on file. Unanimously Adopted. N CtS � �, 10:03 p.m. Richard Neumeier,pr.2, moved articles 9 and 7 be taken up in that order. � � Unanimously Adopted. U .-I N �d A �b 10:04 p.m. Presented by Joyce Miller,pr.7. � � ARTICLE 9: AMEND NON-CRIMINAL DISPOSITIQN BYLAW �a (CONSERVATION COMMISSION FINE SCHEDULE) � ,� MOTION: That Chapter 1,paragraph 1-6.B of the Code of the Town of Lexington be . o � ariiended by repealing the subsection thereof labeled"Chapter 145, Conservation Commission" + � and substituting therefore the following: "Chapter 145 Conservation Commission Fine schedule: �o $100 per violation". .a CV � � 10:40 p.m. Conservation Commissioner Phil Hamilton presented requested action. �� Selectman Norman Cohen reported the unanimous support of the Board of Selectmen. a � Adopted Unanimously. � A 10:06 p.m. Presented by Selectman George Burnell ARTICLE 7: APPROPRIATE FOR AUTHORIZED CAPITAL IMPROVEMENTS MOTION: That this article be indefinitely postponed. 10:07 p.m. . Unanimously Adopted. ____-- --__ __--- ___— ---- ------__ __ _ -----_ ------- _-- ---- __ __--- -__- ---_ -- --- -------- 209 November 19, 2012 Special Town Meeting, cont... 10:07 p.m. David Kanter,pr.7,moved Article 4 be taken up, Unanimously Adopted. 10:08 p.m. Presented by Selectman beborah Mauger. ARTICLE 4: APPRQPRIATE TO POST EMPLOYMENT INSURANCE LIABILITY FUND MOTION: That$500,000 be appropriated to the Town of Le��ington Post Employment Insurance Liability Fund, as established by Chapter 317 of the Acts of 2002, and that to meet this appropriation$500,000 be raised in the tax levy. Ms. Mauger presented request and reported support of the Board of Selectmen(4-1). 10:10 p.m. Glenn Parker reported support of Appropriation Committee (8-0),with member Alan Levine speaking in support. 10:17 p.m. Members spoke in support and opposition. 10:43 p.m. James Lowry,pr.5, called the question. Motion Adopted. 10:44 p.m. Following a voice vote,the Moderator declared the motion Not Adopted. 10:46 p.m. Frank Sandy,pr.6, moved to adjourn to Monday,November 26�'. Not Adopted. 10:47 p.m. Paul Chernick,pr.6, questioned the presence of a quorum. 10:48 p.m. Presented by Selectman Norman Cohen. ARTICLE 2: AMEND FY 2013 OPERATING,ENTERPRISE FUND AND COMMUNITY PRESERVATION BUDGETS MOTION: a) That the appropriations authorized under Article 4 of the 2012 Annual Town Meeting be amended as follows and that said amounts be raised in the tax levy: Line Item Descri tion From To 2110 Contributory Retirement $4,205,537 $5,205,537 � 2160 Properry &Liability Insurance $ 630,000 $ 645,000 3100-3.500 DPW—October Storm $ - _ $ 200,000 b) That the appropriations authorized under Article 5(a) of the 2012 Aiinual Town Meeting � for the current fiscal year's water enterprise fund be amended as follows: � -- Description From To . MWRAAssessment $ 5 153,351 $ 5,145,927 c) That the appropriations authorized under Article 5(b) of the 2012 Annual Town Meeting for the current fiscal year's wastewater enterprise fund be amended as follows: Description From To MWRA Assessment ' $ 7 032,394 $ 6 954,177 d) That the reserve for appropriation from estimated receipts as recommended by tlie - Community Preservation Committee under Article 8 of the 2012 Annual Town Meeting be amended as follows: Description From To Unbud eted Reserve $ 2,984 100 $ 3 145,607 10:48 p.m. Appropriation Committee Chairman Glenn Parker reported support of the Appropriation Committee (8-0). David Kanter reported unanimous support of the Capital Expenditures Committee for part(d). 10:48 p.m. David Kanter moved the following amendment: AMENDMENT: The `To' amount for Line Item 2110, Contributory Retirement, be changed from $5,205,537 to $5,905,537. 10:49 p.m. Patrick Mehr,pr.3, questioned the presence of a quorum. Following a standing vote the presence of a quorum of 109 members was confirmed. 10:53 p.m. Selectman Chair Deborah Mauger reported the opposition of the Selectmen to the amendment(5-0). The Appropriation Committee reported opposition to the amendment(7-1). 10:54 p.m. Members spoke in support and opposition to the amendment. 10:56 p.m. Following a voice vote on the Kanter amendment,the Moderator declared the amendment Not Adopted. 10:57 p.m. Following a voice vote on Article 2, the Moderator declared the Motion Adopted. 2`10 November 19, 2012 Special Town Meeting, cont... 10:57 p.m. Presented by Selectman Deborah 1Vlauger. ARTICLE 3: ESTABLISH AND APPROPRIATE TO SPECIFIED STABILIZATION FUNDS MOTION: a) That a Capital Projects/Debt Service Reserve/Building Renewal Stabilization Fund be created in accordance with MGL Chapter 40, Section SB, and that$1,600,000 be appropriated to such Fund, and to meet this appropriation$1,600,000 be raised in the tax � levy. b) That$4,794 be appropriated to the Transportation Demand Management/Public Transportation Stabilization Fund, and to meet this appropriation$4,794 be transferred from the TDM special revenue account. � Ms. Mauger reported unanimous support of the Board of Selectmen. _ Beth Masterman reported unanimous support of Article 3 (a) of the Capital Expenditures Committee, and that the Committee had no position on Article 3 (b). Glenn Parker reported support of the Appropriation Committee (8-0). 10:59 p.m. Following a voice vote,the Moderator declared the motiori adopted by more than the necessary two-thirds vote. 10:59 p:m. Depuiy Moderator Rodney Cole presiding, Selectman Peter Kelley presenting. ARTICLE 5: ESTABROOK SCHOOL ACCESS IMPROVEMENTS MOTION: That the Town appropriate$1,500,000 for street, drainage, intersection and sidewalk'improvements to Crrove Street and Robinson Road in connection with the construction of the new Estabrook School, and to meet this appropriation $1,500,000 be raised from the general fund unreserved fund balance. Mr. Kelley explained requested action and reported unanimous support of the Board of Selectmen. 11:00 p.m. Town Engineer John Livsey reviewed planned work. 11:06 p.m. David Kanter reported unanimous support of the Capital Expenditures . Committee. Richard Neuxneier reported unanimous support of the Appropriation Committee. � Margaret Coppe reported unaiumous support of the School Committee. w,_, Planning Board Member Richard Canale addressed tree replacement. 11:07 p.m. Town Engineer John Livsey responded to member questions on sidewalks, crosswalks, and lighting. 11:11 p.m. Motion Unanimously Adopted. Mr. Cole turned the meeting over to Moderator Deborah Brown. 11:11 p.m. Paul Lapointe,pr.2,moved the Special Town Meeting be dissolved: 11:13 p.m. Presented by Joe Pato,pr.2. ARTICLE 10: TOWN MEETING ELECTRO1vIC VOTING BYLAW MOTION: That Chapter 118 of the Code of the Town of Lexington be amended as set forth below,and further that non-substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Lexington: Delete Section 118-17 in its entirety and replace it with the following: Section 118-17. Voting. A. Voting in Town Meeting shall be by: (1) voices of the members,ar (2) a counted vote by: (a) an electronically and display system used: i. By itself to reflect the vote,ar i. In conjunction with a voice vote as authorized herein("the electronic system"),or (b) members standing,or (c) writing,or (d) roll-call poll. B. Vote taken by voices of the members: (1) Whenever only a majority vote is required,the Moderator shall first announce the vote as it appears to him/her by the sound.If the Moderator is unable to decide by the sound of the voices,or if the announcement is thereupon doubted by 20 or more members rising in their places for that purpose,the Moderator shall,without debate,order a counted vote. (2) Whenever a two-thirds vote is required by statute,anything in the By-Laws,or other authority,such vote may be declared as such by the Moderator as it appears to him/her by the sound and be recorded as such by the Town Clerk upon such declaration,provided,however,that if the announcement is thereupon doubted by seven or more members rising in their places for that purpose,a counted vote shall be taken. - -- ___ _--------- _____ _-------- --� _ _ _ __ - -- ______ __- __ - - _ _ ---___---- — 2:.1_1 November 19, 2012 Special Town Meeting, cont... C. Electronic system: (1) After a pu6lic hearing,the Moderator,in consultation with the Board of Selectmen,and the Town Clerk,is authorized to define operating rules governing the use of the electronic system.Beyond addressing the general procedures for operating the electronic system,these rules shall include,but not be lunited to,procedures for: (a) Challenging a vote, (b) Enhancing the security and integrity of the voting process, (c) Testing of the electronic system every time it is started,and (d) A physical record of the results of each electronic vote being provided to the Town Clerk immediately following each electronic vote. (2) Use of the electronic system and its corresponding operating rules must be authorized by a two-thirds majority vote of Town Meeting. - (a) Such authorization may occur at a session of any Town Meeting,but must occur before the � electronic system is used. , (b) Such authorization shall remain in effect unless challenged by 40 or more members rising in their places for that purpose or substantive change(s)of the rules are defined by the Moderator following the process of C(1).In either event,authorization for use of the electronic system must again be put to a two-thirds majority vote of Town Meeting. (3) At the Moderator's discretion or at the request of 20 or more members rising in their places for that purpose,the vote on any motion shall be taken by use of the electronic system. (4) Votes taken using the electronic system shall be displayed to Town Meeting Members in their places and the public before the Moderator announces the vote.The display shall minimally show: (a) A short form with the fmal tally of"yes","no","abstain",and missing votes when the electronic vote is accompanied by a voice vote,or (b) A long-form listing each Town Meeting Member's name,or an abbreviation that is unique among members of that Town Meeting,his/her precinct,his/her"yes","no","abstain",or lack of vote and the fmal tally of the votes by those same categories. At the Moderator's discretion or at the request of 20 or more members rising in their places for that purpose,the long-form listing of subsection C(4)(b)shall be used even if the electronic vote is accompanied by a voice vote. � (5) Votes taken using the electronic system in conjunction with a voice vote shall be determined by the results reported by the electronic system. D. Standing Vote (1) At the Moderator's discretion or at the request of 40 or more members rising in their places for that purpose,the vote on any motion shall be taken by use of a standing vote. (2) The Moderator may at any time during Town Meeting before the first standing vote appoint tellers to make and return the count of any standing vote during that Town Meeting. E. Vote taken in writing or by poll.At the Moderator's discretion or at the request of 50 or more members rising in their places for that purpose,the vote on any motion shail be taken: (1) In writing on a list by precinct,and for members-at-large on a list of such members,upon which each � member shall record his/her vote and affix his/her signature;or (2) By a roll-call poll of the meeting by the Town Clerk. F. Record of votes: (1) If Subsection E(1)above is used;the signed lists shall constitute the o�cial vote of the meeting,a permanent public record of which shall be maintained by the Town Clerk. (2) A record of the vote taken by the electronic system or in the manner specified in Subsection E(1)or E(2) above shall be made available electronically to the public within 24 hours of the vote.The record shall disclose how each Town Meeting member voted. G. When a motion is readily divisible,it shall be divided and the vote upon each part taken separately,provided the Moderator deems the division beneficial or at the request of 25 or more members rising in their places for that purpose. 11:13 p.m. Paul Lapointe,pr.2, moved Indefinite Postponement of Article 10. 11:14 p.m. The Board of Selectmen reported support for indefinite postponement(3-2). 11:15 p.m: Joe Pato briefly explained possible impact of delay on voting. Victoria Blier,pr.9, questioned further. 11:20 p.m. Motion on Indefinite Postponement Adopted. 11:20 p.m. Selectman Deborah Mauger moved the November 19, 2012 Special Town Meeting be dissolved. Unanunously Adopted. A true copy. Attest: � ' ,,,e,�l� Donna M:Hooper, Town Clerl� i, �� Town of Lexington —Annual Town Election - March 4, 2013 (SEE WARRANT FILE for Warrant) In pursuance of the foregoing warrant, the legal voters of the Town of Lexington met at 7:00 a.m. in their respective voting places in said town, Monday, March 4, 2013. The following places were designated as the voting places for the various precincts: Precincf One, Cary Memorial Building; Precinct Two, Bowman School; Precinct Three, Jonas Clarke Middle School; Precinct Four, Bridge School; Precinct Five, Cary Memorial Building; Precinct Six, William Diamond Middle School; Precinct Seven, Joseph Estabrook School; Precinct Eight, Samuel Hadley Public Services Building; Precinct Nine, Maria Hastings School. The election officers and Wardens were assigned for duty as follows: Precinct 1: Warden: Richard Pemberton[U�; Clerks: Donna Keane[U], Richard Spillane[U] ; Inspectors: Joel A.Adler[U],William Barrett[R], Marion Barry[D] Doris Pemberton [U], Edwina Spillane[U], Jeanette Cerulli (D], Eileen McAlduff[U]. • Precinct 2: Warden: Rebecca Fagan Gorospe[U]; Clerk: Susanne Hays[U]; Inspectors: Arline Burns[U], Robert Hartshorn [D], Marita Hartshorn [D], Claire Martin [U], MaryEllen Turner[D], Nancy Hubert[D], Margaret Ouellette[D]. Precinct 3: Warden: Shirley Frawley[D]; Clerk: Elaine Quinlan [U]; Inspectors: Sandra Natale[U], Edward Natale[U],�Ann Canter[D], Maria Griffin [U], Laura Welby[U]. Faith Fenske[U], Katherine O'Sullivan [U], Maarib Bazzaz[D],William Frawley[D], Julie Sibert[U]. Precinct 4: Warden: Linda Dixon[U]; Clerk: Evangeline Puopolo[U]; Inspectors: Gloria Curran[U], Eleanor Smith [U], Francine C. Edwards[D],Ann Mary Dunn [U], John Yanakis[U] ,Virginia Weinberger[U], Mary Tashjian[U], Elizabeth McLaughlin [U], Raya Gildor[U], Mary Devoe[U], Judy Cooper[D],Ann Canter[U], Beverly Aker[U]. Precinct 5: Warden: Marie Hill [U]; Clerks: Josephine Bailey[U], Barry Sampson [U]; Inspectors: Joanne Andrellos[R], Mara Bohn[D], Joan Granger[U], Christine Hill [D],Yang Gao[U],Arlene McGrath [U], Gerald McGrath [U], Linda Cohen[U]. Precinct 6: Warden: Dorothy Boggia[U]; Clerk: Ann Webster[U]; Inspectors: Charles Price[U], Joann Gschwendtner[U], Richard Bair.[D], Elizabeth Sullivan[D], E.Ashley Rooney[D], D. Peter Lund [R];Mary Bumell [U], Francine Edwards[U],Charles Freeman[R], Margaret Freeman [U]. Precinct 7: Warden:Alice Pierce[D]; Clerk: Margaret Bradley[D]; Inspectors: Mabel Amar[D], Mary Ayvazian [D], Martha Wood[D], James Wood(D], Renee Reynolds[D],Ad�ian Reynolds[D]. Precinct 8: Warden: Chet Webster[U]; Clerks: Barbara Perrotta[U], Margaret Counts-Klebe[D]; Inspectors: Anne O'Neill [U], Elinor Bettencourt[R],Anthony Montagna[U], Julie Miller[U], Maureen Burns[U], Patricia Costello[U],Ann Diamond [U]. Precinct 9: Warden: Shirley Ament-Ber�ey[D]; Clerk: Michael Fenollosa[D]; Inspectors: Harry Farrington[U], Clark Schuler[U], Judith Schuler[U], Dorothy Bolduc[U], Diane Biglow[U], Marilyn Fenollosa[D], Barbara Mix(R], Francine Stieglitz[D]. The election officers were sworn to the faithful performance of their duties. The polls were declared open in each precinct at seven o'clock A.M. and remained open until eight o'clock p.m., at which time, after due notice, the polls were declared closed. Election results were delivered to the Town Clerk at the Town Office Building. 9% of the registered voters cast their vote. The Town Clerk tallied the results as follows: ABSENTEE BALLOT BREAKDOWN Applications Processed Total Ballots Ballots Not Returned/ Returned/ Late/Undeliverable/Rejected Pct In Person Mail Counted 1 0 5 3 2 2 3 2 4 1 3 7 12 16 3 4 9 6 13 2 5 0 3 2 1 6 8 7 14 1 ' 7 0 8 8 0 8 7 5 12 0 9 5 7 7 4 Totals 39 55 79 15 Total of 21,654 re istered voters eli ible to vote as of Februa 12, 2013. Precinct 1 2 3 4 5 6 7 8 9 Total Total Re . 2,119 2,510 2,132 2,489 2,629 2,511 2,442 2,393 2,429 21,654 Democrat 846 1,042 819 1,012 973 953 904 916 853 8,318 Re ublican 189 211 220 228 � 295 316 233 229 256 2,177 Unenrolled 1,078 1,248 1,085 1,242 1,357 1,237 1,296 1,239 1,315 11,097 AllOthers 6 9 a 7 4 5 9 9 5 62 __--,._ _ _ _ -- --_ _ ----- -- -- - ___.— ----- --___ ______ T __ _ ------ _ __ -- 2�3. Annual Town Elecfion—Monday,March 4,2013,cont... ` �-' TOWNWIDE OFFICES PCT 1 PCT 2 PCT 3 PCT 4\ PCT 5 PCT 6 PCT 7 PCT 8 PCT 9 TOTAL TOTAL VOTERS 2,119 2,510 2,132 2,489 2,629 2,511 2,442 2,393 2,429 21,654 TotalVotes 147 196 127 278 183 277 271 169 263 1,911 Percent 7% 8% 6% 11% 7% 11% 11% 7% 11% 9% SELECTMEN(Vote for TWO,for THREE Years) PCT 1 PCT 2 PCT 3 PCT 4 PCT 5 PCT 6 PCT 7 PCT 8 PCT 9 TOTAL DEBORAH N.MAUGER 101 151 � 93 213 143 210 211 143 174 1,439 JOSEPH N.PATO 102 158 89 172 116 173 165 126 150 1,251 ' ` "" All Others 0 0 0 0 0 1 1 0 5 7 Blanks 94 83 72 171 107 . 170 165 69 197 1,125 . MODERATOR(Vote for ONE;for ONE Year) , PCT 1 PCT 2 , PCT 3 PCT 4 PCT 5 PCT 6 PCT 7 PCT 8 PCT 9 TOTAL DEBORAH J.BROWN 117 161 102 216 142 210 210 143 181 1,482 AllOthers ` 0 0 0 0 0 0 1 0 0 1 Blanks 30 35 25 62 41 67 60 26 82 428 SCHOOL COMMITTEE(Vote for TWO;for THREE Years) PCT 1 PCT 2 PCT 3 PCT 4 PCT 5 PCT 6 PCT 7 PCT 8 PCT 9` TOTAL ALESSANDRO A.ALLESSANDRINI 92 146 89 186 119 188 172 128 160 1,280 MARGARET E.COPPE 99 146 90 190 122 180 190 125 180 1,322 AllOthers 0 0 0 1 3 1 0 4 5 14 Blanks 103 100 75 179 122 185 180 81 181 1,206 PLANNING BOARD(Vote for ONE;for THREE Years) � PCT 1 PCT 2 PCT 3 PCT4 PCT 5 PCT 6 PCT 7 PCT 8 PCT 9 TOTAL NANCY CORCORAN-RONCHETTI 77 140 91 168 122 166 143 103 128 1,138 � __ RICHARD F.MCDONOUGH 36 32 19 48 45 68 67 48 66 429 AllOthers 0 0 0 2 1 1 1 1 4 10 Blanks 34 24 17 60 15 42 60 17 65 334 TOWN MEETING MEMBERS PRECINCT 1 —Seven for Three Years Total Total *JONATHAN G.COLE 90 Jon D.Armstrong 18 *BRIAN E.HEFFERNAN 85 �Timothy Benson 1 *IANG JEON 81 Joseph Caruso. 1 *JANET M.KERN 94 Emily Hannon 1 *ERIC JAY MICHELSON 102 Amanda Ting 1 *BARRY E.SAMPSON 96 William Toth 1 *Hongbin Luo 44 All Others 0 , Blanks 414 elected for"3 years PRECINCT 2— Seven for Three Years; One for Two Years; One for One Year Total Total *KATHRYN MAYES FIELDS 119 "LAUREL CARPENTER 121 *RITA B.GOCDBERG 125 "RICKI PAPPO 117 *KAREN R.LONGETEIG 117 Susan London 10 � *MICHAEL J.0'SULLIVAN � 116 Jonathan Kutrubes 1 **JENNIFER M.VOGELZANG 115 Scott Ludwig 1 *BETSEY WEISS 128 Kenneth Shine 1 #JASON E. BRESSNER 109 All Others 0 elected for. *3 years;"*2 years;#1 year Blanks 684 PRECINCT 3 —Seven for Three Years; One for Two Years Total Total *BENJAMIN J. COHEN 69 "CYN?HIA PILTCH 76 � *NANCY L.HUBERT 79 *FRANKLIN E.SMITH 78 *JEANNE K.KRIEGER 95 *KEVIN JOHNSON 74 **BETH J.MASTERMAN 62 Andrew Lin 1 *GLENN P.PARKER 70 All Others p e/ected for. *3 years;'"""2 years Blanks 412 tli �'P 3"�' _ ' �� Annual Town Election—Tuesday,March 4,2013, cont... PRECINCT 4—Seven for Three Years Total Total "NYLES NATHAN BARNERT 112 *SANDRA J.SHAW 129 MICHAEL P.BOUDETT 95 MELANIE I.BLOWER 62 "SCOTT F.BURSON 126 JUDITH M.BOXER 99 MARGARET B.HEITZ 83 *LAURA J. HUSSONG 112 - *CHARLES W.LAMB 130 "MOLLY HARDING NYE 159 *SUSAN A.MCLEISH 126 All Others 0 elected for*3 years Blanks 713 PRECINCT 5—Seven for Three Years; One for One Year Totai Total � *JEFFREY J.CRAMPTON 99 *JEROLD S.MICHELSON 110 *IRENE M. DONDLEY 112 *M.MASHA TRABER 110 *MARILYN M.FENOLLOSA 101 #SAATVIKAHLUWALIA 90 •--� *ANDREW J.FRIEDLICH 116 *GINNA JOHNSON 113 All Others 0 elected for'"3 years;#1 year Blanks 613 PRECINCT 6 — Seven for Three Years; One for Two Years; One for One Year ` Total Total *PAUL CHERNICK 139 *MARGARET L.COUNTS-KLEBE 163 "*BRIAN P.KELLEY 134 *FREDERIC S.JOHNSON 159 *ANN M. KELLY 165 HENGAMEH M.TARAZ 108 *TRISHA P.KENNEALY 181 Mark Sandeen: 2 � *DAWN E.MCKENNA 176 Howard Leving�ton 1 #MICHAEL P.SEGAL 126 Loretta Porter 1 *DEBORAH STROD 186 All Ofhers ` 0 Blanks 952 elecfed for:*3 years;**2 years;#1 year PRECINCT 7 — Seven for Three Years Total Total � *MARY BURNELL 152 *MARY C. HAMILTON 173 *PATRICIA ELEN COSTELLO 152 PAUL J.RUBIN 113 *CATHERINE WOODWARD GILL 159 *GEOFFREY G.XIAO 166 *JOYCE A. MILLER 160 Stacey Hamilton 1 *GEORGE A.BURNELL 132 David Needham 1 Ali Others 0 elected for�3 years Blanks 688 PRECINCT 8—Seven for Three Years Total Total *MARGARET S. ENDERS 125 *WILLIAM A.RIBICH 108 *DAVID C.HORTON 137 Amy Newmark . 2 *ALAN MAYER LEVINE 127 Robert Bacon 1 "MELINDA M.WALKER 117 Sonia Demarta 1 "TIMOTHY Y.DUNN 108 Robert Heingartner 1 *ANDREI RADJLESCU-BANU 112 All Others 0 elected for�`3 years Blanks 344 PRECINCT 9 — �even for Three Years Total Total "VICTORIA LAWRENCE BLIER 128 *JAN�T M.PERRY 150 *RODNEY COLE 113 RICHARD SCHAYE 85 "MARGARET E.COPPE 145 MARK VITUNIC 97 *THOMAS 0.FENN 135 Francine Stieglitz 2 JESSE F.SEGOVIA 83 Philip Byrne 1 *JOHN MAZERALL 126 Jack Mroczkowski 1 *CHRISTINA M.MURRAY 107 William Sweeney 1 AlI 0thers 0 elected for*3 years Blanks 667 A true copy. � Attest: � � P/L� ' Donna M.-Hooper, Town Cler With precinct 1 having 1 fewer candidate for Town Meeting than p,ositions to be elected for terms of 3 years on the March 4, 2013 Annual Town Election ballot, write-in votes for Mr. Hongbin Luo, 1 Cherry St, were cast and acceptance for the position has been filed witH the Town Clerk on March 9, 2013. Term will expire March 2016. Joseph N. Pato, 900 Massachusetts Ave. , resigned as a Town Meeting Member from _ precinct 2 (exp. 2014) effective March 6, 2013. As Mr. Pato was elected as Selectman at the Annual Town Election held March 4, 2013 he is now a Town Meeting Member At-Large in accordance with Chapter 215, Section 3 of the Acts of 1929. _-_ __.__- -------------_ ______ ____-----_ �._____-- __-----_ _ _ _____ . _ _ _ _ __ _ __ __ __.----- ____ __, __ .�,;� Susan Leigh London, 7 Carville Ave. , received the nighest number of votes as a write-in candidate for Town Meeting from precinct 2 at the March 4, 2013 Annual Town Election. As of March 7, 2013 Ms. London's acceptance of the position to fill the vacancy caused by the resignation of Joseph N. Pato has been filed with the Town Clerk. Term will expire March 2014. Eric Eid-Reiner, 7 Russell Road, resigned as a Town Meeting Member from precinct 1 (exp. 2015) effective May 31, 2013. Dirk Armstrong (John J. ARmstrong), 15 Hasekll Street, received the next highest number of votes as a write-in candidate for Town Meeting from ' precinct 1 at the March 7, 2013 Annual Town Election. Mr. Armstrong's � � acceptance of the position to fill the vacancy caused by the resignation of Eric Eid-Reiner has been filed wit the Town Clerk. Term will expire March 2014. James E. Goell, 6 Boxwood Lane, resigned as a Town Meeting Member from precinct 7 (exp. 2015) effective June 15, 2013. Paul J. Rubin, 5 Drummer Boy Way, received the next highest number of votes as an unsuccessful candidate for Town Meeting from precinct 7 at the March 7, 2013 Annual Town Election. Mr. Rubin's acceptance of the position to fill the vacancy caused by the resignation of James E. Goell has been filed with the Town Clerk. Term will expire March 2014. Benjamin J. Cohen, 87 Bridge St, resigned as a Town Meeting Member from precinct 3 (exp. 2016) effective August 12, 2013 as he has removed from Town. Kenneth Kreutziger, 14 Tower Rd (pct. 2 Town Meeting Member, ex. 2015) removed from Precinct 2 to Precinct 3 effective May 30, 2013. Mr. Kreutziger's position will appear on the March 2014 Annual Town Election ballot (exp. 2015) y pct. 2 Town Meeting. William P. Kennedy, 135 Wood St, resigned as a Town Meeting Member from " precinct 9 (exp. 2015) effective October 9, 2013. Mark R. Vitunic, 39 Lincoln St. , received the next hightest number of votes as an unsuccessful candidate for Town Meeting from precinct 9 at the March 4, 2013 Annual Town Election. Mr. Vitunic's acceptance of the position to fill the vacancy caused by the resignation of William P. Kennedy has been field with the Town Clerk effective October 15, 2013. Term will expire March 2014. Kenneth M. Kreutziger, 57 Potter Pond, resigned as Precinct 2 Town Meeting Member (formerly 14 Tower Rd) effective October 21, 2013. At a special meeting of Precinct 2 Town Meeting Members at 6:30 p.m. , Monday, November 4, 2013, Kenneth J. Shine, 7 Ellis St, having received one write-in vote at the March 2013 Annual Town Election for Precinct 2 Town Meeting Member, was elected as Precinct 2 Town Meeting Member to fill the vacancy caused by the resignation of Kenneth M. Kreutziger. Mr. Shine will serve until March 2014. The unexpired term ending March 2015 will appear on the March 2014 Annual Town Election ballot. At a special meeting of Precinct 3 Town Meeting Members at 6:45 p.m, Monday, November 4, 2013, Kenneth M. Kreutziger, 57 Potter Pond, was elected to fill the Precinct 3 Town Meeting Member vacancy created by the resignation of I Benjamin J. Cohen. Mr. Kreutziger will serve until March 2014. The unexpired term ending March 2016 will appear on the March 2014 Annual Town Election ballot. ,21-6 March 18,2013 Annual Town Meeting The first session of the 2013 Annual Town 1kleeting was called to order by Moderator l�eborah Brown at 7:30 p.m., Margery M. Battin Hall, Cary Memorial Building. A quorum of 181 members present. The Lexington Minute Men Cqmpany, accompanied by the William Diamond Fife and Drum Corp, posted the colors. Town Clerk Donna M. Hooper read the warrant until waived. The Town Clerk then read the Constable's Return. � �7:38 p.m. The meetmg was ad�ourned until completion of the March 18, 2013 Special Town ^ ,�, Meeting. �� ,--� a ,--� March 18,2013 Special Town Meeting � � G O U i.r The March �8, 2013 Special Town Meeting was called to order by Moderator Deborah Brown at � � 7:39 p.m., Margery M..Battin Hall, Cary Memorial Building. A quorum of 181 members ,� � present. Town Clerk Donna M:Hooper read the warrantuntil waived. The Town Clerk read the N .� Constable's Return. � a o a � c� � � � c� o 7:53 p.m. Following a brief recess, the Moderator declared Article 1 now before the � � meeting. ,-, � � m +� � � ARTICLE 1: REPORTS OF TOWN BOARDS, OFFICERS, CONiMITTEES � �, Marilyn Fenollosa,pct. 1, moved the Report of the Community Preservation Committee � o � be received and placed on file. Adopted Unanimously. ��, ; ,� Charles Lamb,pr.4,moved the report of the Capital Expenditures Committee be received � � � &placed on file. Adopted Unanimously. � v � � � Glenn Parker,pr.4,moved the report of the Appropriation Committee be received& � � w placed on file. Adopted Unanimously. a a o ,C U a-i � � � 7:56 p.m. Presented by Selectman Peter Kelley. � � a � ARTICLE 2: LAND PURCHASE OFF MARRF,TT ROAD � ,� � MOTION: That(a)the Selectmen be authorized to purchase,take by eminent domain �, � �' or otherwise acquire for preservation of historic resources purposes any fee, easement or � ro o other interest in all or any part of land shown as lots 63A and 63B on Assessors' Property Map 31,now or formerly of Trustees of the Supreme Council of the Ancient Accepted Scottish Rite of Free Masonryaon such terms and conditions as the Selectmen may determine; that the sum of$10,950,000 be appropriated for such land acquisition, and that to raise such amount,the Treasurer,with the approval of the Board of Selectmen, is authorized to borrow$7,390,000 under M.G.L. Chapter 44, Section 7(3), as amended, ar under M.G.L. Chapter 44B, as amended, or any other enabling authority, and$3,560,000 be raised in the tax levy; (b)that$115,000 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund for debt service and related borrowing costs of the Community Preservation Fund for fiscal year 2014; and(c) $147,500 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund for site surveys, legal expenses and other related acquisition costs. 7:58 p.m. Selectman Deborah Mauger outlined requested action and reported the support of the Selectmen. � 8:17 p.m. Marilyn Fenollosa, Community Preservation Committee Chair, reported V, unanimous support of the Committee. 8:22 p.m. Charles Lamb, Capital Expenditures Committee Chair,reported unanimous supporE of the Committee. 8:26 p.m. Glenn Parker, Appropriation Committee Chair, reported unanimous support of the Committee. 8:29 p.m. Bonnie Brodner reported unanimous support of the School Committee 8:29 p.m. Richard Canale,pr.9,Planning Boaxd Chair,reported support of the Board on a vote of 4 in favor and 1 opposed. 8:33 p.m. Members spoke in support and opposition. 8:37 p.m. Adam Hoffinan, 4 Rangeway, spoke in support. _---- ----------�-__ ---- --_ _--___ _._------_ _ ____ _-- __ _--__ ______— -- 2.17 March 18, 2013 Session of the 2013 Special Town Meeting, cont.... 8:39 p.m. Selectman Deborah Mauger responded to questions from members regarding provisions of the purchase, status of the museum, and transportation needs. 8:45 p.m. Human Services Director Charlotte Rodgers responded further on transportation services. 8:48 p.m. Leslie Zales, 7 Page Road, spoke in support. � 8:50 p.m. Lisah Rhodes,pr.9, reported the strong support of the Recreation Committee. 8:55 p.m. Selectman Deborah Mauger responded to questions on funding models, and historic preservation property use restrictions. 8:56 p.m. Paula Rizzo, 10 Webster Road, commented on populations to be included in community center services. 8:57 p.m. Selectman Deborah Mauger and Community Preservation Committee Chair Maxilyn Fenollosa responded to historic preservation restrictions on the property. 9:00 p.m. David Kanter,pr.7, called the question. Motion Adopted. 9:00 p.m. Selectman Peter Kelley suminarized the motion as requested and sought support of the members. JanetPerry,pr.9,moved a ca11 of the roll be taken at the time of voting. With more than 50 people rising in support, Moderator Brown ruled for a call of the roll,taken as follows: Barrett Michael J. Absent Brown Deborah J. Abstain Cohen Norman P. Yes Hoo er ponna M. Abstain Kaufman Ja R. Absent Kelie Peter C. J. Yes Manz -Hank Yes Mau er Deborah N. Yes Pato Jose h N. Yes Adler Joel A. 1 Yes Adler Nanc M. 1 Yes Bartenstein John C. 1 Yes Cole Jean W. 1 Yes Cole Jonathan G. 1 Yes Cunha Robert W. 1 Yes Eid-Reiner Eric 1 Yes Hamilton Colin R. 1 Yes Heffeman Brian E. 1 Yes Jeon lan 1 Absent Kem Janet M. 1 Yes Luo Hon bin 1 Yes - Michelson Eric J. 1 Yes Rancatore Jose h S. 1 Yes Randazzo Marc Jose h 1 Yes Rossi John F. 1 Yes Sam son Carol J. 1 Yes Sam son Bar E. 1 Yes , Stewart Ma Ann 1 Yes Zabin Judith L. 1 Yes Zabin Albert P. 1 Yes Afshartous S. Bi'an 2 Yes Bressner Jason E. 2 Yes Car enter Laurel 2 Yes Cohen Marian A. O. 2 Yes Fields Kath n Ma es 2 Yes Goldber Rita B. 2 Absent � Kreutzi er Kenneth M. 2 Yes 218 March 18, 2Q13 Session of the 2013 Special Town Meeting, cont.... La ointe Paul H. 2 Yes Lee Peter B. 2 Yes London Susan Lei h 2 Yes Lon etei Karen R 2 Absent McAleer Andrew 2 Yes McGuirk Michael 2 Yes Neumeier Richard L. 2 Yes '� Orenstein Bar E. 2 Yes O'Sullivan Michael J. 2 Yes ""' Pa o Ricki 2 Yes Shaw James M. 2 Yes Vo elzan Jennifer M. 2 Yes . Weiss Betse 2 Yes Wilson James S. 2 Yes Berman Samuel 3 Yes Bliss Michael D. 3 Yes Brodner Bonnie E. 3 Yes Cohen Ben'amin � J. 3 Yes Fenn, Jr. Dan H. 3 Yes Frawle Shirle Rauson 3 Yes Goddard Michelle 3 Yes Heinrich Steven P. 3 Yes Hubert Nanc L. 3 Yes Johnson Kevin 3 Yes � Katz Arthur 3 Yes Krie er Jeanne K. 3 Yes Lev Rosemar ponnis 3 Yes , . Masterman -Beth J. 3 Yes ' Mehr Patrick R. 3 Yes Pa o Judith L. 3 Yes Parker Glenn P. 3 Yes Piltch C nthia 3 Yes Rotber Robert 3 Yes Smith Franklin E. 3 Yes Storch Mar aret B. 3 Yes Alessandrini Alessandro A. 4 Yes Baci Lisa' A. 4 Absent Barnert N les Nathan 4 Yes Bloom Gloria J. 4 Yes Burson Scott F. 4 Yes Cohen Robert N. 4 Absent Diaz Thomas R. 4 Yes Enrich Peter David 4 Yes � Hai Jill I. � 4 Yes Husson Laura J. 4 , Yes Kelle Beverl 4 Yes Lamb Charles W. 4 Yes McDonald Ellen Jo 4 Yes McLeish Susan A. 4 Yes I Miniutti Paul 4 Yes N e Moll Hardin 4 Yes Patrick John M. 4 Absent Paul Gerald 4 Yes Pise na Vincent J. 4 Abstain Shaw Sandra J. 4 Absent Thomas Ruth S. 4 Yes Ahluwalia Saatvik 5 Yes Bums David E. 5 Absent . _ _ _. __ _ _- - - _-- - --- ---__ ___ _--- ------ __ _ _ ._—_ _______ ___ - �- 21.9 March 18, 2013 Session of the 2D13 Special Town Meeting, cont...: , Corcoran-Ronchetti Na11C 5 YeS Cram ton Jeffre J. 5 Absent Dondle Irene M. 5 Yes Dratch Elaine 5 Yes Fenollosa Maril n M. 5 Yes Friedlich Andrew J. 5 Yes Galaitsis Anthon G. 5 Yes � Ha ard John 5 Yes - Johnson Ginna 5 Yes LahifF Ta lor M 5 Yes Low James R. 5 Yes McDonou h Richard F. 5 Yes Michelson Jerold S. 5 Yes Saint Louis Marc A. 5 Yes Silverman Sam 5 Yes Smith Lisa L. 5 Yes Traber M. Masha 5 Yes Weiss E hraim ` 5 Yes Williams David G. 5 Yes � Rbair Suzanne D. 6 Yes Babson Osman 6 Yes Cataldo Todd J. 6 Yes Chernick Paul 6 Yes Counts-Klebe Mar aret L. 6 Yes Fallick Bebe H. 6 Yes Grant Edmund C. 6 Absent Himmel Jonathan A. 6 Yes � Johnson -Frederic S. 6 Yes - �_� Kahan Morton G. 6 Yes Kaufman David L. 6 Yes . Kelle Brian P. 6 Yes Kell Ann M. 6 Yes Kenneal Trisha P. 6 Yes McKenna Dawn E. 6 Yes Pa ett Jane - 6 Yes Redmon Ann S. 6 Yes Sand Frank , 6 Yes Sand Edith 6 Yes - Se al Michael P. 6 Yes Strod Deborah 6 Absent Baker Marsha E. 7 Yes Barnett Elizabeth DeMilie 7 Yes Benson Donald O. 7 Yes Burnell Geor e A. 7 Yes Burnell Ma 7 Yes Costello Patricia Elen 7 Yes Courtemanche James W. 7 Yes � Gill Catherine Woodward 7 Yes Goell James E. 7 Absent � _. Griffiths Thomas V. 7 Yes � Hamilton Ma C. 7 Yes Hoffman Pam 7 Yes Kanter David G. 7 Yes Mar ues-Pascual Raul 7 Yes Martin Fred H. 7 Yes � Miller Jo ce A. 7 Yes Moroze Ben'amin L. 7 Yes Pom eo John D. 7 Yes Sarles Elizabeth Anne - 7 Yes �20 March 18, 2013 Session of the 2013 Special Town Meeting, cont.... � Wanderer Thomas J. 7 Yes Yesiao Geoffre G. 7 Yes Avallone Robert M. 8 Yes Belvin Lar N. 8 Yes Bi low Diane M. 8 Yes Bradle Mar aret 8 Yes Dunn Timoth Y. 8 Yes Enders Mar aret S. 8 Yes '�'I Horni Charles 8 No J Horton David C. 8 Yes Hosmer Ma U. 8 Absent Kaufman Noah J. 8 Yes Kenned Stewart G. 8 Yes Klimoff In rid H. 8 Abstain Levine Alan Ma er 8 Yes . Michelson . Richard A. 8 Abstain Osten James A. 8 Yes Radulescu-Banu Andre 8 Yes Ribich William A. 8 Yes Stei erwald Jessie 8 Yes Stolz Shirle H. 8 Yes _ Walker Melinda M. 8 Yes Wan Weidon 8 Yes Adler Alice J. 9 Yes Bhatia Narain D. 9 Abstain Blier Victoria Lawrence 9 Yes Canale Richard L. 9 Yes Canale Jeanne P. 9 Yes Cohen -Helen L. 9 Yes Cole Rodne 9 Absent Co e Mar aret E. 9 Yes Fenn Thomas O. 9 Yes Garber Mollie K. 9 Yes Kenned Janice A 9 Yes Kenned William P. 9 Yes Ma uire Mark P. 9 Yes Manz Wend 9 No � Mazerall Lisa J. 9 Yes Mazerall John 9 Yes McSweene Leo P. 9 Yes Murra Christina M. 9 Yes Per Janet A. 9 Yes Rhodes Lisah S. 9 Yes Wirtanen Justine A. 9 Absent PrecinctNote Yes No Abstain Absent Tota! 1 20 0 0 1 21 2 19 0 0 2 21 3 21 0 0 0 21 4 16 0 1 4 21. 5 19 0 0 2 21 . 6 19 0 0 2 21 7 20 0 0 1 21 8 17 � 1 2 1 21 9 17 1 1 2 21 AL 5 0 2 2 9 173 2 6 17 198 Declared adopted by more than the necessary two-thirds vote. 9:24 p.m. Deborah Mauger moved the March 18,2013 Speeial Town Meeting be dissolved. . Adop d Unanimous y. A true coPY, ��1. �� Attest: � Donna M.Hooper _---- ___--- _ _ ---_ _--- - _ __ - _----- -- ___ __ _ _ _.----— ____----__ _ �_ , 2�:1 March 18, 2013 Session of the 2013 Annual Town Meeting; cont.... Adjourned Session of the 2013 Annual Town Meeting of March 18, 2013 The March 18,2013 session of the 2013 Annual Town Meeting was called back to order by Moderator Deborah Brown at 9:25 pm. � .� A.RTICLE 2: ELECTION OF DEPUTY MODERATOR AND REPORTS OF TOWN BOARDS, OFFICERS AND COD�IlVIITTEES � 9:25 p.m. MOTION: That Rod Cole be approved as Deputy Moderator. �' Adopted Unanimously. � - - 9:25 p.m. Selectman Deborah Mauger moved articles 21,27,28, and 30 be taken up in that order. Adopted. 9:26 p.m. Presented by,Selectman Hank Manz. ARTICLE 21: APPROPRIATE TO STABILIZATION FUND MOTION: That this article be indefinitely postponed. Following discussion on placing articles in the warrant motion Adopted Unanimously. 9:32 pm. Presented by Selectman Hanlc Manz. ARTICLE 27: APPROVE TOWN SEAL MOTIONc �That the Town reaffirm the 1934 vote to approve the town seal as established at that time. 9:37 p.m. Members questioned the vote of 1934,need for reaffirmation, and design of seaL 9:45 p.m. Tom Gri�ths,pr.7; called the question. Adopted. Article 27 Adopted. 9:46 p.m. Presented by Selectman Norman Cohen. ARTICLE 28: AMEND GENERAL BYLAWS-TOWN MEETING WARRANT MOTION: That this article be indefinitely postponed. 9:46 p.m. David Kanter, Capita.l Expenditures Committee,reported support for indefinite postponement. Adopted Unanimously. � 9:47 p.m. Presented by Selectman Deborah Mauger. � � ARTICLE 30: ANiEND GENERAL BYLAWS-TREES MOTION: That Chapter 120 of the Code of the Town of Lexington be amended as set forth in the Article,and further that non=substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of Lexington. 9:47 p.m. Gerald Paul,pr.4,presented requested action. G� 9:55 p.m. Selectman Deborah Mauger reported support of Selectmen,vote of 4-1 in favor. � o 9:56 p.m. Richard Canale reported unanimous support of the Planning Board. rt c 9:56 p.m. Selectman PeterKelley summarized his opposition. '-' � 9:59 p.m. Members spoke in support and opposition, questioning tree cutting permits, �� clear cutting,and payment processed. o � � n w rr 10:01 p.m. Joyce Miller,pr.7, Chair of Conservation Commission,spoke in support. �' n 10:23 p.m. Following members speaking in support and opposition, Gerald Paul summarized �� requested action. Motion Adopted. � � a r� 10:25 p.m. The Moderator reported articles to be brought before the meeting of March 20�' � � include articles 33,29, 34 and 32. � �;� � rt � 10:27 p.m. Selectman Deborah Mauger moved adjowzunent unti17:30 p.m.,Wednesday, ,,, n March 20'�',Margery M.Battin Hall, Cary Memorial Building. Motion-Adopted. � x m �. N A true coPY� � o w p� , Attest: �� . � Donna M.Hooper,Town Clerk � .:C�:,�� ' � . � . ^,� March 20,2013 Adjourned $ession of the 2013 Annual Town Meeting The second session of the 2013 Annual Town Meeting was called to order by Moderator Deborah Brown at 7:30 p.m.,Margery M. Battin Hall, Cary Memorial Building. A quorum of 166 members present. � ARTICLE 2: ELECTION OF DEPUTY MODERATOR AND REPORTS OF TOWN BOARDS, OFFICERS AND COMIVIITTEES 7:3 8 p.m. Selectman Deborah Mauger moved the report of the Town Manager be received and � placed on file. Adopted Unanimously. � 7:39 p.m. Town Manager Carl F.Valente recognized newly hired staff and reported the recognition of Public Works Director William Hadley by the American Public Works Administration as one of the top ten pirectors of the Year. 7:51 p.m. Selectman Deborah Mauger moved Articles 33,29,and 34 be brought in that order. Adopted Unanimously. 7:55 p.m. Presented by Selectman Joseph Pato. ARTICLE 33: CLIMATE CHANGE RESOLUTION MOTION: Resolved: That the Town(a)consider climate change in all appropriate � decisions and planning processes;(b)take action to prepare for the impacts of a changing climate; (c)reduce greenhouse gas emissions; (d) develop and implement a comprehensive climate action plan; all with the goal of making Lexington a truly sustainable community. 7:55 p.m. Joseph Pato reported unanimous support of the Selectmen. 7:56 p.m. Mark Sandeen presented on behalf of Sustainable Lexington. 8:04 p.m. Richard Canale,pr.9,reported unanimous support of the Planning Board. 8:04 p.m. Ricki Pappo,pr.2,reported support of the GWAC. 8:11 p.m. Keith Ohmart, 114 East St.,Citizens for Lexington Conservation,reported � unanimoussupport. 1 &:13 p.m. Members spoke in support. � 8:15 p.m, Ken Karnofsky,78 Bertwell Rd,reported support of Le�cFarm. : --� 8::17 p.m. Margaret Bradley,pr.8,reported support of the League of Women Voters. 8:18 p.m. Motion Adopted. 8:19 p.m. Presented by Selectman Deborah Mauger. ARTICLE 29: AMEND GENERAL BYLAWS-CONTRACTS AND DEEDS (Solar Energy Purchasing) MOTION: That Section 32-4 of Chapter 32 of the Code of the Town of Lexington be � amended by adding after the words"Communiiy television services 10"the words x "Leases, licenses,power purchase agreements, agreements for payments in lieu of taxes o � (PILOTs), and/or other agreements for the purpose of installing solar energy facilities and " o purchasing solar electricity 20"; and further that non-substantive changes to the � � numbering of this bylaw be permitted in order that it be in compliance with the � N numbering format ofthe Code of Lexington. � � � � 8:19 p.m. Dan Voss, Solar Energy Task Force,presented and reported full support of � � the Solar Energy Task Force. � .b 8:26 p.m. Selectman Deborah Mauger reported full support of the Selectmen. `� °; 8:27 p.m. Alan Levine,pr.8,reported unanimous support of the Appropriation Committee. a�', 0 8:28 p.m. David Kanter,pr.7,reported unanimous support of Capital Expenditures , � 0.i Committee. Paul Chernick,pr.6,reported unanimous support of Energy Conservation Committee. ° ri 8:30 p.m. Ricki Pappo,pr.2,reported support of the GWAC. � � 0 8:32 p.m. Third grade students of the Estabrook School,Alice Van Evera,Mari McBride& � � Lily Georgopolous, spoke in support and of the neecl to save for tomorrow. � ,b � 8:36 p.m. Margaret Bradley,pr.8,reported the support of the League of Women Voters. � �, 8:39 p.m. Members spoke in support,questioning 20-year leases; Selectman Mauger and �,°, � Capital Expenditures Committee member David Kariter responded. a � 8:46 p.m Margaret Coppe,pr.9,reported support of the School Committee. � � 8:49 p.m. Members spoke in support,efficiencies, solar panels, and wind energies. 9:00 p.m. Elaine Dratch,pr.5, called the question. Adopted. 9:01 p.m. Motion Adopted Unanimously. -------__- --- _ ___-- - -___ ____-- -- - ___— --- _ ___ __ _- - _ ____- __ _--.__ ___. ._______-- T__ �� March 20, 20I3 Adjourned Session of the 2013 Annual Toti'vn Meeting, cont.... ARTICLE 2: ELECTION OF DEPUTY MODERATOR AND REPORTS OF TOWN BOARDS,OFFICERS AND COMIVIITTEES 9:01 p.m. Richard Canale,pr.9,moved the Report of the Planning Board be received and . � placed on file. Adopted Unanimously. Mr. Canale reported. 9:06 p.m. Presented by Planning Board Chair Richard Canale. . ARTICLE 34: AMEND ZONING BYLAW 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,a copy of which is on file with tlie ; Town Clerk and the Planning Board,and further that non-substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of Lexington. Motion from Planning Board Report �b Move that the Zoning Bylaw, Chapter 13 5 of the Code of the Town of Lexington,be amended as follows: � .d � n �n o l. Delete in their entireties the following provisions of the existing Zoning By-law: �*� Article I A :Purpose,Districts and Authority �¢' Article II Definitions " � � Article III Administration and Enforcement o y Article N Permitted Uses and Development Standards(includes Table 1) w rt Article V Supplementary Use Regulations,Residential Uses ro � Article VI Nonconforming Situations o� Article VII Dimensional Controls � � Article VIII Special Zoning Districts a� Article IX ` Special Permit Residential Developments �n Article X Landscaping,Transition and Screening °�° �,, Article XI Off-Street Parking and Loading rt � Article XII Traffic �,� Article XIII Signs ,.`-`� �Article XIV Outdoor Lighting N�' Article XV - Wireless Communication Facilities �o ' � Article XVI Dead End Streets andDrives `a x' �" Table 2 Schedule of Dimensional Controls � 2. Substitute the following provisions in the attached document entitled"Chapter 135 Zoning"and dated March 20,2013: Section 135=1A Purpose and Authority Section 135-2A Districts Section 135-3A Use Regulations Section 135-4.0 Dimensional Controls Section 135-5.0 General Regulations Section 135-6A Special Regulations - Section 135=7A Special District Regulations Section 135-8.0 Nonconforming Uses and Structures Section 135-9.0 Administration and Procedures Section 135-10A Definitions 3. Modify the 2012 Zoning 1VIap(incorporating amendments through Town Meeting 2012)with its existing district boundaries as follows: a. Remove the RM Districts and rezone them as follows: RM-1 Massachusetts Avenue and Woburn Street to RS RM-2 Waltham Street&Worthen Road to RS . RM-3 Emerson Garden Road and Maple Street to RO RM-4 Worthen Road,near Bedford Street to RS ' RM-5 Shirley Street, at end to RS . RM-6 Concord Avenue,near intersection of Waltham Street to RO RM-7 Waltham Street,Vynebrooke Village to RS ' RM-8 Woburn Street,near intersection of Lowell Street to RO b. Remove the following overlay districts: Wetland Protection District at Maple Street,the Great Meadows Wetland Protection District at Concord Avenue,Radio Towers Wetland Protection District at Hobbs Brook Basin 4. And further that non-substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format ofthe Code of Lexington. [1Vote the only change between the March 13, 2013 document and the March 20, 2013 document is on page 36 in�5.2.6.8 where the reference to�5.2.8 is corrected to�5.2.6.J �� March 20, 2013 Adjourned Session of the 2013 Annual Town Meeting, cont. 9:06 p.m. Richard Canale;Charles Hornig and consultant Mr.Brubrowski presented. 9:24 p.m. Selectman Norman Cohen reported unanimous support of the Selectmen. , 9:25 p.m. Members questioned changes in the zoning map, appendix`c', and practical consequences on developments,special permits,wetland districts and change notification to property owners. 9:37 p.m. Motion Declazed Adopted by more than the necessary two-thirds vote. 9:39 p.m. Selectman Deborah Mauger moved article 32 be taken up. Adopted. 9:39 p.m. Presented by Selectman Joseph Pato. , ARTICLE 32: AMEND GENERAL BYLAWS-ELECTROlvIC VOTING MOTION: That Chapter 118 of the Code of the Town of Lexington be amended as set � forth below, and`further that non-substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Lexington: Delete Section 118-17 in its entirety and replace it with the following: Section 118-17. Voting. A. Voting in Town Meeting shall be by: - (1) voices ofthe members, or (2) a counted vote by: (a) an electronic tally and display system used: i. By itself to reflect the vote,or ii. In conjunction with a voice vote, as authorized herein("the electronic system"),or (b) members standing, or (c) writing, or (d) roll-call poll. B. Vote taken by voices of the members: . (1) Whene�er only a majority vote is required,the Moderator shall first announce the vote as it � appears to him/her by the sound.If the Moderator is unable to decide by the sound of the voices, or if the announcement is thereupon doubted by 20 or more members rising in their places for that purpose,the Moderator shall,without debate,order a counted vote. (2) Whenever a two-thirds vote is required by statute,anything in the By-Laws, or other authority, such vote may be declaxed as such by the Moderator as it appears to him/her by the �, sound and be recorded as such by the Town Clerk upon such declaration,provided,however, � that if the announcement is thereupon doubted by seven or more members rising in their � �, places for that purpose, a counted vote shall be taken. o .-� U O ns `V C. Electronic system: � �-+ (1) After a public.hearing,the Moderator, in consultation with the Board of Selectmen,and the � � Town Clerk, is authorized to define operating rules governing the use of the elecironic � � system.Beyond addressing the general procedures for operating the electronic system,these rules shall include,but not be limited to,procedures for: � � (a) Challenging a vote, � � (b) Enhancing the'security and integrity of the voting process, �, � (c) Testing of the electronic system every time it is started, and � a°., (d) A physical record of the results of each electronic vote being provided to the Town o ... Clerk immediately foTlowing each electronic vote. " "' (2) Use of the electronic system and its corresponding operating rules must be authorized by a +� � � � two-thirds majority vote of Town Meeting. a� (a) Such authorization may occur at a session of any Town Meeting,but must occur before � � the elecironic system is used. � o � (b) Such authorization shall remain in effect unless challenged by 40 or more members � � " rising in their places for that purpose or substantive change(s)of the rules are defined �� by the Moderator following the process of C(1).In either event,authorization for use of the electronic system must again be put to a two-thirds majority vote of Town Meeting. (3) At the Moderator's discretiori or at the request of 20 or more members rising in their places for that purpose,the vote on any motion shall be taken by use of the electronic system. (4) Votes taken using the electxonic system shall be displayed to Town Meeting Members in their places and the public before the Moderator announces the vote. The display shall minimally show: (a) A short form with the final ta.11y of"yes","no","abstain",and missing votes when the electronic vote is accompanied by a voice vote, or _ _ r____ ______ __ _ _ ____ _ _ _- ---__ -- _ _-- - __ 2�5 March 20, 2013 Adjourned Session of the 2013 Annual Town Meeting, cont. (b) A long-form listing each Town Meeting Member's name,ar an abbreviation that is unique�among member.s of that Town Meeting,his/her precinct,his/her"yes", "no", "abstain", or lack of vote and the fmal tally of tlie votes by those same categories. At the Moderator's discretion or at the request of 20 or more members rising in their places for that purpose,the long-form listing of subsection C(4)(b)shall be used even if the electronic vote is accompanied by a voice vote. � (5) Votes taken using the electronic system in conjunction with a voice vote shall be determined by the results reported by the electronic system. �� D. Standing Vote (1) At the Moderator's discretion or at the request of 40 or more members rising in their places � for that purpose,the vote on any motion sha11 be taken by use of a standing vote. (2) The Moderator may at any time during Town Meeting before the first sfanding vote appoint tellers to make and return the count of any standing vote during that Town Meeting. E. Vote taken in writing or by poll.At the Moderator's discretion or at the request of 50 or more. members rising in their places for that purpose,the vote on any motion shall be taken: (1) In writing on a list by precinct, and for members-at-large on a list of such members,upon which each member shall record his/her vote and affix his/her signature; or (2) By a roll-call poll of the meeting by the Town Clerk. F. Record of votes: (1) If Subsection E(1)above is used,the signed lists shall constitute the official vote of the meeting,a permanent public record of which shall be maintained by the Town Clerk. (2) A record of the vote taken by the electronic system or in the manner specified in Subsection E(1)or E(2)above shall be made available electronically to the public within 24 hours of the vote. The record shall disclose how each Town Meeting member voted. : G. When a motion is readily divisible, it shall be divided and the vote upon each part taken separately, provided the Moderator deems the division beneficial or at the request of 25 or more members � rising in their places for that purpose. �__ 9:39 p.m. Selectman Joseph Pato reviewed requested changes and elecironic voting system implementation. 9:53 p.m. Beth Masterman reported unanimous support of Capital Expenditures Committee. 9:53 p.m. Members spoke in support and opposition,questioned impact on the upcoming budget discussion, impact on operations of the Town Clerk, and operating rules and procedures. Motion Declared Adopted. 10:14 P.M. Moderator Deborah Brown reviewed Article order for the meeting of March 27�', including reporting of the Minuteman Regional High School Principal, Superintendent of Schools Paul Ash,Article 31,Report of Appropriation Committee,and Article 26. 10:15 p.m. Selectman Deborah Mauger moved adjournment unti17:30 p.m., Wednesday,March 27'i', Margery M.Battin Hall, Cary Memorial Building. Adopted Unanimously. A true copY, Attest: � ��Vi � t Donna M.Hooper,Town Clerk March 27,2013 Adjourned Session of the 2013 Annual Town Meeting � The third session of the 2013 Annual Town eet' �__ M mg was called to order by Moderator Deborah Brown at 7:30 p.m,Monday,March 27,2013. A quorum of 166 members present. 7:41 p.m. Following a brief recess to recognize the 90�'birthday of Precinct 3 Town Meeting Member Dan Fenn,the Moderator called the meeting back to order. ARTICLE 2: ELECTION OF DEPUTY MODERATOR AND REPORTS OF TOWN BOARDS, OFFICERS AND C011��lNNIITTEES David Horton,pr.8,moved the Report of the Principal of the Minuteman Technical High School be received and placed on File. Adopted. 226 March 27, 2013 Adjourned Session of the 2013 Annual Town Meeting, cont... 7:43 p.m. Principal Ernie Houle,Minuteman Career&Technical High School reported. 7:57 p.m. Members questioned non-member community costs,agreement of inember communities, � building renovation plans;feasibility study,and capital expenses. Additional questions on per-pupil x expenditures and enrollment sustainability ensued. cSi M O � " o g:16 p.m. Margaret Coppe,pr.9,moved the Report of Superintendent Paul Ash be received and ,� .. placed on file. Adopted Unanimously. Superintendent Paul Ash reported. . +�, � H N '— � � 8:40 p.m. Selectman Joseph Pato moved Article 31 be taken up. Adopted Unanimously. � � ARTICLE 31: AMEND GENERAL BYLAWS—DEJyiOLTTION DELAY BYLAW � �. MOTION: That Chapter 19(Buildings,Demolition o fl of the Code of the Town of � ,L, Lexington be amended by adding a new section as follows: � a� � � o §19-8 Notice of Proposed Inclusion of Building in Cultural Resources Inventory. � a-� � ° �; A. Prior to inclusion of a building ar portion thereof in the Cultural Resources Inventory,the � o Commission shall provide advance written notice of no less than 21 (twenty-one)days, sent � ^ to the address of the owner of record of said property,as maintained in the Assessor's Office. � Said notice shall include the date of the meeting at which the Commission will deliberate on -� r-+ � �, inclusion of said building in the Cultural Resources Inventory. . o �n - u � ¢�„ � and further that non-substantive changes to the numbering of this bylaw be permitted � � in order that it be in compliance with the numbering format of the Code of Le.xington. 8:45 p.m. David Kelland, Chair,Lexington Historical Comrnission, spoke on the efforts of the Commission and to the bylaw proposed under Article 31 and indefinite postponement. 8:49 p.m. Selechnan Deborah Mauger responded to questions from members on the specifics of the motion and how the initiative was brought to Town Meeting. Historical Commission Chair David Kelland responded. , � Members continued to inquire about events leading up to this proposed bylaw being brought to Town 1t�Ieeting,speaking in support and opposition, identifying notification policies and policies vs. bylaw � stipulations. Members continued to speak in support and opposition, concentrating on notification ""'' requirements. , 9:36 p.m. John Hayward,pr.5, called the question. Adopted. 9:37 p.m. Selectman Joseph Pato summarized the request. - 9:39 p.m. Motion Adopted. ARTICLE 2: ELECTION OF.DEPUTY MODERATOR AND REPORTS OF TOWN BOARDS, OFFICERS AND COMIVIITTEES 9:39 p.m. Glenn Parker,pr.4,moved the Report of the Appropriation Committee be received and placed on file. Adopted Unanimously. Mr. Parker reported. 9:43 p.m. Presented by Selectman Norman Cohen. � ARTICLE 26: ESTABLISH QUALIFICATIONS FOR TAX DEFERRALS . MOTION: That the maximum qualifying gross receipts amourit for property tax deferrals under Clause 41A of Section 5 of Chapter 59 of the Massachusetts General Laws and Chapter 190 of the A�ts of 2G08 be raised to$65;000. 9:44 p.m. Norman Cohen reported the unanimous support of the board of Selectmen. Patricia Costello reported for the Tax Deferral and Exemption Study Committee. 9:49 p.m. John Bartensfein reported unanimous support of the Appropriation Committee. 9:50 p.m. Patricia Costello responded to member questioning on Lexington's application � procedures and mandated information vs. information requested by Lexington, - deferrals,qualifications;re-qualifications and certification requirements. 10:02 p.m. Patrick Mehr,pr.3,moved-the following amendment AMENDMENT: The words`$65,000' in the main motion be replaced with `$75,000'. 10:05 p.m. Selectman Norman Cohen reported the unanimous opposition of the Selectmen. 10:05 p.m. John Bartenstein reported unanimous opposition of the Appropriation Committee. 10:08 p.m. Amendment Not Adopted. 10:09 p.m. Article 26 Declared Adopted Unanimously. �il113�j fl f�-�� ___ __---- - _ _ _ _- -- ---- _---- ------- � 227 March27; 2013 Adjourned Session of the 2013 Annual Town Meeting, cont�.... 10:10 p.m. Selectman Deborah Mauger moved the meeting be adjourned unti1730 p.m.,Monday, April l,2013,Margery M.Battin Hall, Cary Memorial Building. Adopted Unanimously. A true coPY� 1 , : • �l�`1� Attest: /� Donna M.Hooper,Town Clerk � A ril 1 2 13 Ad'ourned es i n ` p , 0 � S s o of the 2013 Annual Town Meehng The fourth session of the 2013 Annual Town Meeting was called to order by Moderator Deborah Brown at 7:30 p.m.,Monday,April 1,2013. A quorum of 174.present. 7:45 p.m. Following a brief recess for awarding of the Sharyn Wong Chan& Sara Harrington Diversity Awards for culturaT diversity in Lexington Public Schools the meeting was called back to session. 7:48 p.m. Presented by Rita Goldberg,pr.2. - ARTICLE 2: ELECTION OF DEPUTY MODERATOR AND REPORTS OF TOWN BOARDS, , OFFICERS AND COMIVIITTEES Ms. Goldberg moved the Report of the Cary Lecture Series Committee be received and placed on file. Adopted. Ms.Goldberg reported orally. 7:50 p.m. Presented by Rita Goldberg, pr.2: 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. � 7:50 p.m. Presented by Selectman Deborah Mauger. ARTICLE 4: APPROPRII�;ATE FY2014 OPERATINGBUDGET I MOTION: . That the following amounts be appropriated for the ensuing fiscal ` � yeax 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. Proqram 1000:Education 1100 Lexington Public Schools Personal Services $ 68,649,329 Expenses $ 12,664,634 Total Line Item 1100,Lexington Public Schools $ 81,313,963 1200 Regional Schools $ 1,474,266 Proqram 2000:Shared Exaenses 2110 Contributory Retirement $ 4,805,537 2120 Non-Contributory Retirement $ 12,907 2130 Employee Benefits $ 23,182,159 2140 Unemployment $ 200,000 2150 Workers Compensation*(MGL Ch 40,Sea 13A&13C) $ 610,915 2160 Property&Liability Insurance . $ 726,620 2170 Uninsured Losses*(MGL Ch 40,Sec. 13) $ 150,000 � 2200 Debt Service 2210 Principal on Funded Debt _ $ 4;585,443 2220 Interest on Funded Debt $ -68�;560 2230 Temporary Borrowing $ 267,820 2300 Reserve Fund $ 900,000 2400 Pubiic Facilities $ 9,760,460 Proaram 3000:Public Works 3100-3500 DPW Personal Services $ 3,406,288 ~ � 3100-3500 DPW Expenses $ 4,914,629 Proqram 4000:Public Safetv - 4100 Law Enforcement Personal Services $ 5,452,542 4100 Law Enforcement Expenses $ 680,954 4200 Fire Personal Services $ 5,065,365 4200 Fire Expenses $ 548,500 Pro4ram 5000:Culture&Recreation 5100 Library Personal Services $ 1,830,037 5100 Library Expenses $ 257,677 Pro4ram 6000:Human Services 6000 Human Services Personal Services $ 509,969 6000 Human Services Expenses $ 686;867 ` 228 April 1, 2013 Adjourned Session of the 2013 Annual Town Meeting, cont.... ARTICLE 4, cont.... Program 7000:Communitv bevelopment 7100 Comm.Devel.Personal Services $ 1,099,724 7100 Comm.Devel.Expenses $ 181,953 7200 Planning Personal Services $ 266,876 7200 Planning.Expenses $ 49,700 7300 Economic Devel.Personal Services $ 91,199 --� 7300 Economic Devel.Expenses $ 33,550 � Proqram 8000:General Government 8110 Selectmen Personai Services . $ 127,853 8110 Selectmen Expenses $ 92,325 8120 Legal $ 410,000 8130 Town Report $ 7,500 8210-8220 Town Manager Personal Services $ 613,183 8210-8220 Town Manager Expenses $ 218,150 8230SalaryTransferAccount* $ 801,988 8310 Financial Committees $ 7,500 8320 Misc.Boards and Committees $ 4,500 8330 Pubiic Celebrations Committee $ 35,000 8400 Finance Personal Services $ 1,263,064 8400 Finance Expenses - $ 438,945 8500 Town Clerk Personal Services $ 310,955 8500 Town Clerk Expenses $ 128,775 8600 Information Technology Personal Services $ 336,510 8600 Information Technology Expenses $ 654,394 $ 335,000 from the Parking Meter Fund for line-items 3100-3500 and 4100; $ 105,000 from the Cemetery Trust Fund for line item 3100-3500 $ 90,000 from the Transportation Demand Management/Public Transportation Stabilization Fund for Appropriations for line items 6000; from the Avalon Bay School Enrollment Mitigation Stabilization Fund $ 250,000 for line items 1100; � from Unreserved Fund Balance/Free $4,201,709 Cash; $ 818,689 from the Waker Enterprise Fund; ,--, $ 450,116 . • from the Sewer Enterprise Fund;and - $ 228,600 from the Recreation Enterprise fund. �. Items marked with an(')are Continuing Balance Accounts. The Moderator read each line item, and members questioned specific lines, spoke of concerns for the adequate support of the public schools, importance of elementary foreign language, enrollment projections, growth of ethnic populations,per pupil spending computations, and increased staffmg. Superintendent Paul Ash responded. 8:29 p.m. Members questioned regional school's impact of out of district students versus expanding community memberships,review of current reg'ional vocational school agreement, fu11-time equivalent positions and benefits eligibility. Superintendent Ash and Assistant Superintendent Mary Ellen Dunn responded to questions 8:41 p.m. Town Manager Carl Valente and Selectman Deborah Mauger responded to questions on revenue projections. 8:56 p.m. Pau1 Minutti,pr. 4,moved the following Amendment. AMENDMENT: To amend Zine 8500 To��n Clerk Personal Services and Line 8500 Town Clerk Ex�enses as follows: 8500 Town ClerkPersonal Services-replace `$310,955'with `$305,955'and 8500 Town Clerk Expenses-replace `$128,775'with `$93,775'. 9:00 p.m. Selectman Joseph Pato reported 4-0 opposition of the Board of Selectmen. 9:00 p.m. Glenn Parker reported 9-0 opposition of the Appropriation Committee. Beth Masterman reported unanimous opposition of the Capital Expenditures Committee. 9:01 p.m. Members spoke in favor and opposition to the amendment and questioned proposed town meeting electronic voting system for which funding is included in the Town Clerk's requested budget. . 9:38 p.m. Following a voice vote the moderator called for a standing vote on the Miniutti amendment, tallied as follows: Vote/Pct 1 2 3 4 5 6 7 8 9 AL Total Yes 6 3 2 4 7 4 4 7 7 0 44 No 11 12 13 9 11 15 12 9 9 20 121 Abstain 0 0 0 0 0 1 0 1 0 0 2 On a vote of 44 in favor and 121 opposed,the Amendment was declared Not Adopted. __ __ __.. __-- --_ _ __-_ -- ----_ __ _ _ _ _----_-------__ T-____ -- _ _ _ _ _ __- ------ 229 April 1, 2013 Adjourned Session of the 2013 Annual Town Meeting, cont.... t 9:36 p.m. Selectman Deborah Mauger reported�ananimous support of the Board of � Selectmen for Article 4. Alan Levine reported unanimous support of the Appropriation Committee, Margaxet Coppe reported unanimous support of the School Committee. 9:37 p.m. Article 4'Declared Adopted by more than two-thirds vote. 9:38 p.m. Selectman Hank Manz moved Article 13 be taken up. Adopted Unanimously. , 9:39 p.m. Presented by MaryAnn Stewart,pr:l. ARTICLE 13: APPROPRIATE FOR SCHOOI;. 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-$1,213,000 for maintaining and upgrading the Lexington Public Schools' technology systems, including new equipment in connection therewith and that to meet this appropriation$39,435 be appropriated from the general fund unreserved fund balance, $445,565 be raised in the tax levy and the Treasurer,with the approval of the Board of Selectxnen, is authorized to borrow$728,-000 under M.G.L. Chapter 44, Section 7(28)and Section 7(29j or any other enabling authority; , � � b) School Classroom Furniture-$281,031 for the purchase of classroom furniture,and thaf to meet this appropriation$37,065 be appropriated from the general fund unreserved fund balance, $832 be transferred from the unexpended proceeds voted under Article 18b o�the warrant for the 2009 Annual Town Meeting, $11,469 be transferred from the unexpended proceeds voted under Article 1 Sb of the 2010 Annual Town Meeting, $7,182 be transferred from the une�cpended proceeds voted under Article 15d ofthe 2010 Annual Town Meeting, $14,927 be transferred from the unexpended proceeds voted under Article 12c of the 20ll Annual Town Meeting, $8,169 be transferred from the unexpended proceeds voted under Article 12b of the 2011 Annual Town Meeting, and the Treasurer,with the approval of the Board of Selectmen, is authorized to borrow$201,387 under M.G.L. Chapter 44, Section 7, or any other enabling authority; � c) Time Clock/Time Reporting System-.$30,000 for implementing a time clock system for the School _ Deparhnent, and that.to meet this appropriation$30,000 be appropriated from the general fund unreserved fund balance. Ms. Stewart reported unanimous support of the.School Committee. Selectman Hank Manz reported unanimous support of the Selectmen. William Hurley reported unanimous support of the Capital Expenditures Committee Mollie Garber reported unanimous support of the Appropriation Committee. 9:40 p.m. Motion declared adopted by more than the necessary two-thirds vote. � 9:41 p.m. Presented by Selectman Hank Manz. . ARTICLE 5: APPROPRIATE FY2014 ENTERPRISE FUND BUDGETS MOTION: a) That the Town appropr�ate the following sums of money to operate the Water Division of the Department of Public Works during fiscal year 2014 under the provisions of M.G.L. Chapter 44, Section 53F1/Z: Salaries $ 667,183 . Expenses $ 395,200 Debt Service (non-exempt} $1,260,655 MWRA Assessment $5;565,492 Total $7,888,530 . Said sum to be funded from water receipts and$300,000 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 2014'under the provisions of M.G.L. Chapter 44, Section 53F1/2: Salaries $ 292,711 Expenses , $337,100 Debt Service(non-exempt) $1,131,673 � MWRA Assessment $ 7,039,266 Total $8,800,755 Said sum to be funded from wastewater receipts and$100,000 from reta.ined ea.nungs. 230 April 1, 2013 Adjourned Session of the 2013 Annual Town Meeting, cont.... c) That the Town appropriate the following sums of money to operate the Recreation Department during fiscal year 2014 under the provisions of M.G.L. Chapter 44, Section 53F1/2: Salaries $ 677,799 , � Expenses $1,008,041 Debt Service (non-exempt) $ 100,000 Total $1,785,840 Said sum to be funded from recreation receipts and$375,000 from retained earnings. 9:41 p.m. Selectman Hank Manz reported the support of the Selectmen 9:43 p.m. John Bartenstein reported unanimous support of the Appropriation Committee. 9:44 p.m. Adopted Unanimously. 9:44 p.m. Presented by Selectman Hank Manz. _ ARTICLE 6: APPROPRIATE FOR SE1vIOR SERVICE PROGRAM MOTION: That the Town appropriate $20,000 for the purpose of conducting a Senior Service Program, to be spent under the direction of the Town Manager; that to meet this appropriation $20,000 be raised in the tax levy; and that the Board of Selectmenbe authorized to establish rules and regulations for the conduct of the program. Hank Manz reported support of the Board of Selectmen John Bartenstein reported unanimous support of the Appropriation Committee 9:47 p.m. Adopted Unanimously. 9:47 p.m. Presented by Selectman Joseph Pato. 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 53E1/2 for the fiscal year beginning July 1, 2013, as follows: Revolving Authorized Departmental FY2014 _ Fund Representafive or Receipts Use of Fund , Authorization Board to S end Building Rental Public Facilities Building Rental Fees Personnel and Expenses $405,000 Revolving Fund Director Related to the Rental of Facilities DPW Burial Public Works Sale of Grave Boxes Program Expenses $40,000 ' Containers Directar and Burial Vaults DPW Compost Public Works Sale of Compost and Personnel,Benefits,Program $465,000 Operations Director Loam,Yard Waste Expenses and Capital Permits PEG Access Board of License Fees from CATV contract,equipment and $450,000 Selectmenand Cable TV Providers related expenses Town Mana er Lexington Tree Board of Gifts,Fees and Fines Program Expenses $25,000 Fund Selectmen Minuteman . Public Works Fees Paid by Program Expenses $175,000 Household Director Consortium Towns Hazardous Waste . Pro am Health Programs Health Director . Medicare Program Expenses $10,000 Reimbursements Council on Aging Human Services Program Fees and Program Expenses $100,000 Pro rams Director Gifts Tourism/Liberty Town Manager Liberly Ride Program Expenses $290,000 Ride and Tourism Receipts,including . Committee ticket sales, advertising revenue and charter sales ' School Bus School Committee School Bus Fees Bus Transportation Expenses $830,000 Transportation Regional Cache— Public Works User Fees from Program Expenses $20,000 Hartwell Avenue ' Director Participating Munici alities Joseph Pato reported support of the Board of Selectmen. Eric Michelson reported unanimous support of the Appropriation Committee. 9:49 p.m. Town Manager Carl Valente responded to appropriation and revenue questions. 9:50 p.m. Adopted Unanimously. 9:50 p.m. Selectman Norman Cohen moved articles 11 and 12 be brought forth. Adopted unanimously. _--- —__ ____....__—_ _-- _ _ _ _____ i -- __-- __ _ __ __ _ 231 Ap�il 1, 2013 Adjou�ned Session of the 2013 Annual Town Meeting, cont.... 9:51 p.m. Presented by Selectman Norman Cohen. ARTICLE 1L• APPROPRIATE FOR WATER SYSTEM IMPROVEMENTS MOTION: Tl�at 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$700,000 be appropriated from Water Retained Earnings and the Treasurer with the approval of the Board of Selectmen is authorized to borrow $200,000 under M.G.L. Chapter 44, Section 8(5) 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. Selectman Norman Cohen reported unanimous support of the Selectmen. Jill Hai reported unanimous support of the Capital Expenditures Committee . John Bartenstein reported unanimous support of the Appropriation Committee. 9:53 p.m. Public Works Director William Hadley responded to questions regarding pipe re- luung and repairs. ` 9:55 p.m. Adopted Unanimously. 9:56 p.m. Presented by Selectman Norman Cohen. ARTICLE 12: APPROPRIATE FOR WASTEWATER SYSTEM IMPROVEMENTS _ MOTION: That: (a)the Selectrrien are hereby authorized to install sewer mains and sewerage systems and replacements thereof, 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, in accordance with Chapter 504 of the Acts of 1897, and acts in addition thereto and amendment thereof, ar otherwise, and to take by eminent domain; purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; to appropriate for such installation andland acquisition the sum of$1,200,000; and to raise such - amount$200,000 be appropriated from Wastewater Retained Earnings, and the Treasurer with the approval of the Board of Selectmen is authorized to borrow$1,000,000 under M.G.L. Chapter 44, Section 7(1) or any other enabling autharity; and thaf the Treasurer,with the approval of the Board of Selectmen, is authorized to borrow all or a portion of such amount from the Massachusetfs Water Resources Authority and in connection therewith to enter into a loan agreement and/or security agreement; and(b) $100,000 be appropriated for pump station upgrades and all incidental costs related tliereto, and to raise such amount the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow$100,000 under M.G.L. Chapter 44, Section 7(1) or any other enabling authority. Selectman Norman Cohen reported unanimous support of the Selectmen Jill Hai reported unanimous support of the Capital Expenditures Committee. John Bartenstein reported unanimous support of the Appropriation Committee. 9:57 p.m. Public Works Director William Hadley responded to questions regarding illegal connections to municipal wastewater systems. 9:59 p.m. Adopted Unanimously. 10:04 p.m. Selectman Deborah Mauger moved adjournment unti17:30 p.m., Wednesday, April 3ra , Margery M. Battin Hall, Cary Memorial Building. Adopted Unaninlously. A true coPY� Attest: �'�;/��-�// Y l. Donna M. Hooper, Town Clerk 232 April 3,2013 Adjourned Session of the 2013 Annual Town Meeting The fifth session of the 2013 Annual Town Meeting was called to order by Moderator Deborah Brown Wednesday,April 3, 201�Margery M. Battin Hall, Cary Memorial Building. A quorum of 168 present. ��(;�j��,�� 7:35 p.m. The Moderator called a brief recess for the Town Meeting Members Association to recognize long-serving members. 7:42 p.m. The Moderator called the meeting to order. ARTICLE 2: ELECTION OF DEPUTY MODERATOR AND REPORTS OF TOWN BOARDS, OFFICERS AND COIVIlVIITTEES Charles Lamb moved the report of the Capital Expenditures Cornmittee be received and placed on file. Adopted Unanimously. Mr. Lamb reported. 7:48 p.m. � Maxilyn Fenollosa moved the report of the Community Preservation Committee be received.and placed on file. Adopted Unanimously. Ms. Fenollosa reported, provided an overview of FY2014 projects brought forth for funding by Community Preservation Committee. 7:58 p.m. Presented by Marilyn Fenollosa,pr.5, Community Preservation Committee Chair. ARTICLE 8: APPROPRIATE THE FY 2014 COMMUI�TITY PRESERVATION COMMITTEE OPERATING BUDGET AND CPA PROJECTS MOTION: That the Town hear and act on the report of the Community Preservation Committee on the FY2014 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 axnounts from estimated FY2014 receipts as recommended by the Community Preservation Committee: � 1. $466,996 for the acquisition, creation and preservation of open space excluding land for recreational use; 2. $466,996 for the'acquisition,preservation, rehabilitation and restoration of historic resources; . !� - 3. $466,996 for the creation, preservation and support of community housing; and 4. $3,268,970 to the Unbudgeted Reserve. And further, that the Town make appropriations from the Community Preservation Fund and other sources as follows: � a) That$20,000 be appropriated for Archives and Records Management and Conservation and to meet this appropriation$20,000 be appropriated from the Historic Resources Reserve of the Community Preservation Fund. b) That$25,000 be appropriated for CPA Conservation Restriction Enforcement Funds and to meet this appropriation$25,000 be appropriated from the Open Space Reserve of the Community Preservation Fund. c) That$550,000 be appropriated for Cary Memorial Building Updates and to meet this appropriation$314,523 be appropriated from the Historic Resources Reserve of the Community Preservation Fund and$235,477 be appropriated from the Unbudgeted Reserve of the Communit3� Preservation Fund. d) That this item be indefinitely postponed. e) T'hat this item be indefinitely postponed. fl That$147,500 be appropriated for Park and Playground improvements and that to meet this appropriation$147,500 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund. g) That$65,000 be appropriated for Park Improvements-Athletic Fields and that to meet this appropriation$65,000 be appropriated from the Unbudgeted Reserve of the Community � Preservation Fund. h) That$565,000 be appropriated for Lincoln Park Field Improvements and that to meet this appropriation$150,000 be appropriated from the Unbudgeted Reserve of the Community � Preservation Fund,$186,750 be appropriated from the Recreation Fund Retained Earnings,and the Treasurer,with the approval of the Board of Selectmen,is authorized to borrow$228,250 �--' under M.G.L.Chapter 44,Sect:on 7(25 j or any other enabling authority. i) That$21,500 be appropriated for feasibility and design costs for the Lexington Center Pocket Park and to meet this appropriation$21,500 be appropriated from the Open Space Reserve of the Community Preservation Fund. - j} That$3,000 be appropriated for the Merriam Hill Preservation Project and to meet this appropriation$3,000 be appropriated from the Historic Resources Reserve of the Community Preservation Fund. k) That$6,000 be appropriated for the Moon Hill National Register Nomination Project and to meet this appr.opriation$6,000 be appropriated from the Historic Resources Reserve of the Community Preservation Fund. 1) That$172,734 be appropriated for Greeley Village Front Doors and to meet this appropriation $172,734 be appropriated from the Community Housing Reserve of the Community Preservation Fund. ____—--- .----- --_ . __ _- - � - - - _- - - 233 � Ap�il 3, 2013 AdjouYned Session of the 2013 Annual Town Meeting, cont.... � m) That$450,000 be appropriated as LexHAB Set-Aside Funds for the Creation of Community Housirig at the Town-owned Leary and/or Busa farm properties and to comply with the applicable "Guidelines for the Use of CPA Funding by Le�IAB"as amended February 20,2013,and to meet this appropriation$306,058 be appropriated from the Community Housing Reserve of the Community Preservation Fund and$143,942 from the Unbudgeted Reserve of the Community Preservation Fund.. n) That$5,875 be appropriated for ACROSS Lexington Pedestrian/Bicycle Route System and to meet this appropriation$5,000 be appropriated from the Open Space Reserve of the Community Preservation Fund,and$875 is raised in the tax levy. o) That$650,000 be appropriatedfor the Buclanan Tavern Restoration and Renovation and that to� meet this appropriation$250,000 be appropriated from the Historic Resources Reserve of the � Community Preservation Fund and$400,000 be.appropriated from the Unbudgeted Reserve of the Community Preservation Fund. p) That$36,875 be appropriated for Wright Faxm Debt Service and to meetthis appropriation $36,875 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund. c� That$150,000 be appropriated for the Administrative Expenses and all other necessary and•proper expenses of the Community Preservation Committee for FY2014 and to meet this appropriation $150,000 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund. 7:58 p.m. ARTICLE 8, PARTS 1-4 -David Kanter reported unanunous support of Capital Expenditures Committee; Glenn Parker reported no objection of the Appropriation Committee; Selectman Deborah Mauger reported support of the Selectmen. 8:01 p.m. Following Finance Director Robert Addelson's explanation ofprojected amounts ` found in parts 1-4, Motion to Adopt parts 1-4 Adopted. 8:09 p.m. Article 8,part A—Town Clerk Donna Hooper provided a brief explanation of proposed work and funding requested. - David Kanter reported unanimous support of the Capital Expenditures Committee on all elements of Article 8. . Jonina Schonfeld reported the unanimous support of the Appropriation Cominittee on Article 8,part A. Selectman Deborah Mauger reported the unanimous support of the Board of Selectmen on Article 8,part A. - Richard Canale reported the Planning Board follows the recommendation of the - Community Preservation Committee on a11 parts except part(e),with the Planning Board supports. ` Members commented on electronic records, support of the 300�'Anniversary celebrations;.proposed senior center at 33 Marrett Rd properly. David Kanter, Capital Expenditures Coxnmittee,responded to previous years' CPC funding for Senior Center work at the Muzzey building and funding availability if needed. Article 8,part A, Declared Adopted Unanimouslv. 8:26 p.m. Article 8, ap rt B—Conservation Director Karen Mullins reviewed requested funding for conservation restriction. Jonina Schonfeld reported unanimous support of the Appropriation Committee. Selectman Deborah Mauger reported unanimous support of the Board of Selectmen. � � 8:27 p.m. Karen Mullins and Town Counsel Kevin Batt explained the operation and enforcement of the fund. Members spoke in support and opposition. Marilyn Fenollosa further clarified the purpose of conservation restriction. Members continued to speak in support and opposition. 8:47 pm. John Hayward, pr.5, called the question. Adopted. Article 8,part B, Decla�ed Adopted. 8:48 pm. A�ticle 8,part C, Fred Johnson, Lexington Center Committee,presented. 8:58 p.m. Jonina Schonfeld reported support of the Appropriation Committee. Selectman Deborah Mauger commented on the value of the Cary Memorial Building and on concern for needs of all municipal buildings. Ms. Mauger -- reported the majority of the Board of Selectmen seeks the work of the Town wide Master Planning Committee. 9:03 p.m. Ms.Mauger, on a vote of 3 in favor and 2 opposed, brought forth a substitute motion— SUBSTITUTE1lIOTlON: That this item be indefinitely postponed. 9:03 p.m. Marilyn Fenollosa reaffirmed the position of the Community Preservation Committee to move ahead with Cary Hall. 9:05 p.m. William Kennedy, Chairman, Town wide Facilities Master Planning Committee, reported the Committee's 4-1 opposition to Indefinitz Postponement,2 abstaining. 234 April 3, 2013 Adjourned Session of the 2013 AnnuaZ Town Meeting, cont.... 9:06 p.m. David Kanter reported the Capital Expenditure Gommittee's opposition,Jonina Schonfeld reported the Appropriation Committee's opposition,to indefinite postponement. 9:09 p.m. Deborah Mauger responded to questions from members regarding indefinite postponement and future yeax's projects. . Members continued to speak in support and opposition to indefinite postponement, questioning municipal building renovation priorities, cost for proposed Cary Memorial Building renovatiQns,planning process, funding availability, and scope of modifications. 9:34 p.m. Substitute Motion under A�ticle,8,part c, Not Adopted. 9:35 p.m. Article 8,part C, discussion continued. Jerry Michelson,pr.5,reported support of the Lexington Center Committee.. Members continued to speak in support and opposition, question design&engirieering costs,planned renovations, and cost. 9:49 p.m. Selectman Deborah Mauger reported 3-2 support of the Board of Selectmen, with Mr. Kelley and Ms. Mauger opposed. 9:51 p.m. Article 8,part C, Declared Adopted. 9:52 p.m. Article 8,_part(h) voted to be brought before the meeting. Motion Adopted. Article 8,part�h= Recreation Committee Vice-Chair Howard Vogel presented. Jonina Schonfeld reported unanimous support of the Appropriation Committee. Deborah Mauger reported unanimous support of the Board of Selectmen. Recreation Directar Karen Sunmons responded to guestions on drainage and retention. 10:01 p.m. Article 8,part h, Declared Adopted bv more than the necessary two-thirds vote. 10:02 p.m. Article 8,part�voted to be brought before the meeting. Motion Adopted. Article 8,part i, presented by Sa11y Zimmerman, Le�cington Historical Commission. Jonina Schonfeld reparted unanimous support of Appropriation � Committee. Selectman Deborah Mauger reported support [4-1] of Selectmen, . Selectman Peter Kelley reported his opposition. � 10:09 p.m. Members and citizens spoke in support. 10:16 p.m. Michael McGuirk called the question. Adopted. 10:16 p.m. Article 8,part i, Declared Adopted. 10:16 p.m. Article 8,part f, voted to be brought before the meeting. Adopted. Howard Vogel,Recreation Committee Vice-Chair,reviewed requested action. - Jonina Schonfeld reported unanimous support of Appropriation Committee. Deborah Mauger reported unanimous support of Board of Selectmen. Jessie Steigerwald reported unanimous support of School Committee on parts (fl, �g) and(n). 10:21 p.m. Mr. Vogel and Recreation Director Karen Simmons responded to member questions on equipment rehabilitation and replacement, duration of project, and Lincoln Park improvements. 10:26 p.m. Article 8,part f, Declared Adopted Unanimousl�. 10:26 p.m. Article 8,,�art�voted to be brought before the meeting. Adopted. Howard Vogel, Recreation Committee Vice-Chair,reviewed request and planned work. Jonina Schonfeld reported unanimous support of Appropriation Committee. Deborah Mauger reported unanimous support of Board of Selectmen. Support of the School Committee previously reported. 10:27 p.m. Article 8,part�clared Adopted Unanimously. 10:28 p.m. AYticle 8,part�brought before the meeting. Sally Zimmerman presented on behalf of Lexingtori Historical Commission. Jonina Schonfeld reported unanimous support of Appropriaton Committee. Deborah Mauger reported [4-1] support of Board of Selectmen. ) Ms. Zimmerman responded to questions on role of the Historical Commission in protecting buildings, struciures, and archaeological items. 10:3 5 p.m. Article 8,part 7� Declared�ldopted. 10:36.p.m. Selectman Deborah Mauger moved adjournment unti17:30 p.m., Monday,April 8�', Margery M. Battin Hall, Cary Memorial Building. Motion Adopted. A true copy, ^ Attest: �� Donna M. Hooper, Town Clerk _ _-- -__- -___r _ __ - _ ---- ----_ _____, ___ 235 Apri18,2013 Adjourned Session of the 2013 Annual Town Meeting The 6�' session of the 2013 Annual Town Meeting was called to order by Moderator Deb�orah Brown, 7:30 p.m., Monday, Apri18, 2013. A quorum of 166 present.� li�Arye►'�l M, �3c,t1-�n ��c,ll, Cd.Vy MPimOr1�l�u�id+n.� �- The Moderator recognized the passing of former Town Meeting Members James Reilly, Iris Wheaton, Francis W.K. Smith and ptisBrown, Jr,who had passed away over the past year. 7:42 p.m. The Moderator called a recess for recognition of Minuteman Regional Vocational Technical School and Lexington High School students, and for the Town Meeting Member Association recognitions of Town Meeting Members having achieved 50 years of service. _ , 8:12 p.m. The meeting was called back to order. 8:13 p.m. Deborah Mauger moved the report of the Town Celebrations Committee be received and placed on file. Town Celebrations Committee Chairman Suzanne Barry and Susan Rockwell, Chair of the Town Celebrations Committee Subcommittee established for the Lex�n�on 300�'Anniversary Celebration suirunarized ongoing celebrations during Lexington's 300 year of incorporation. [See records ofthe 300`"Anniversary Celebration CommitteeJ The fol�owing text of the Proclamation from the Massachusetts Legislature is recorded: WI-IEREAS.IN OR AROUND I642 THE'MASSACHiJSETTS GENERAL COURT GRANTED THE TOWN OF CAMBRIDGE A LARGE AREA TO ITS NORTH CALLED SHAWSHINE;AND WI�REAS,A PORTION OF SHAWSHINE WAS ATl'RACTIVE TO CAMBRIDGE FAKMERS,IN THAT IT HAD AREAS OF OPEN MEADOVt�LAND EASILY CONVEKTED TO HAYING AND CATTLE-GRAZING;AND WHEREAS;IN I69I RESIDENTS OF SHAWSHINE,BY.THEN KNOWN AS CAMBRIDGE FARMS,SUCCESSFULLY PETTTIONED T�IE GENERAL COURT FOR FORMAL INCORPORATIQN AS CAMBRIDGE NORTH PRECINCT,WHICH ACTTON RBPT THEM PART OF THE LAKGER COMMUNTTY BUT GAVE THEM STATUS AS A SEPARATE PARISH;AND WHEREAS,'THIS.NEW STATUS TUKNED THE THOUGHTS OF PARZSHIONERS TO CIVIC MATTERS.AMONG THEM THE NEED FOK A SCHOOL AND FOR A LOCAL STOKE OF ARMS AND AMMUNITION,SINCE.IN THE ACCOUNT OF 19TH-CENTURY HISTORIAN CHARLES HUDSON,THEY FELT THEY WERE"IN DANGER FIZOM SUDDEN INCURSIONS OF THE INDIANS;"AND WHEREAS,IN 1711 PARISHIONERS PURCHASED LAND AROUND Tf�LOCAL MEETINGHOUSE,WHICH.THOUGfi PAID FOR BY MEMBERS OF A RELI�IOUS ENTTI'Y,WAS DEDICATED TO GENERAL USE.THiJS LAYING THE BASIS FOR THE PUBLIC _ CONIMONS RNOWN TODAY AS LEXINGTON GREEN;AND • WHEREAS,IN 171 Z.AS THE TOWNSPEOPLE FELT DESIROUS OF COMPLETE AUTONOMY FROM CAMBRIDGE AND WHOLLY CAPABLE OF HANDLING THEIR LOCAL AFFAIRS,THEY PETTTIONED THE GENERAL COURT FOR RECOGNITION AS AN INDEPENDENT TO WN;AND WHEREAS,UPON RECEIPT OF THE PETITION AND AFTER RESIDENTS NEGOTIATED WTI'H Tf�TOWN OF CAMBRIDGE TO COIVTTNUE A FINANCIAL CONTRIBUTION TOWARDS ERECTION OF A BRIDGE OVER THE CHARLES RNER THE GENERAL COUKT,AS OF MARCH, 1713,ADOPTED AN O1tDER PROVIDING"THAT THE AFORESAID TRACf OF I.AND,KNO WN BY THE NAME OF TIiE NORTH PRECINCI',IN CAMBRIDGE,BE HENCEFORTH MADE A SEPARATE AND DISTINCT TOWN,BY THE NAME OF LEXINGTON....";AND WHEKEAS,IN I868 HISTORIAN CHARLES HUDSON,REFLECTING ON THE TOWN'S ORIGINS BUf ALSO REFLECTING THE PRF,JUDICES OF HIS OWN TIMES,REMINDED HIS READERS,"LNIIVG.AS WE DO,IN THESE DAYS OF PROSPERTTY,WE CAN HARDLY REALIZE THE TRIALS AND PRIVAITONS OF Tf�FIRST SEI'i'LERS.... THIS SECTTON WAS ONCE NEW.ONCE THE ABOD£OF SAVAGES AND WII,D BEASTS,AND OUR FATf�RS WHO FIRST EXPLORED Tf�SE HILLS AND DALES.CLEARED DENSE FORESI'S AND SUBDUED A RUGGED SOIL,HAD TO ENCOUNTER Tf�SAME TOILS AND DANGERS,AND SUBMTT TO T�IE[SAME]TRIALS AND PKIVATIONS,WHICH FALL TO`TF�LOT QF THOSE WHO NOW PENEIRATE THE WILDS OF NEBRASKA AND OREGON";NOW TT�REFORE BE IT RESOLVED,THAT THE MASSACHUSETTS GENERAL COURT HERESY FXTENDS TfS HEART7EST CONGRATULATIONS TO T'HE RESIDENTS OF THE TOWN OF LEXINGTON ON THE OCCASION OF THE THREE HUNDREDTH ANNIVEILSARY OF THEIR • COMMUNTTY'S INCORPORATION;AND BE TT FURTHER RESOLVED,THAT A COPY OF THIS RESOLUTION BE TRANSMTI'i'ED FORTHWTI'H BY THE CLERK OF THE SENATE TO DONNA HOOPER CLERK OF THE TOWN OF LEXINGTON. SENATE,ADOPTED MARCH 14,2013. HOUSE OF IZEPIZESENTATIVES.ADOFfED IN CONCURRENCE MARCH 14,2013. OFFERED BY� SENATOR MICHAEL J BARRETT REPRESENTATIVE JAY R RAUFMAN SENATOR RENNETH J DONNELLY '�36 • April 8, 2013 Adjourned Session of the 2013 Annual Town Meeting, cont.... 8:15.p.m. ARTICLE 2: ELECTION OF DEPUTY MODERATOR AND REPORTS OF TOWN BOARDS, OFFICERS AND COMMITTEES , Trisha Kennealy,pr.16, moved the report of the Tourism Committee be received and placed on file. Adopted. Ms. Kennealy reported. 8:21 p.m. ARTICLE 8: APPROPRIATE THE FY 2014 COMMUNITY PRESERVATION �OMMITTEE QPERATING BUDGET AND CPA PROJECTS �- [see text of motion fi�om meeting of April 3'dJ 8:22 p.m. _Article 8,part O, presented by Susan Bennett, Executive Director, Lexington Historical Society. Ms. Bennett reviewed proposed restoration of the Buckman Tavern. Architect Lynn Spencer,Menders, Torrey& Spencer,reviewed further. 8:37 p.m. Gle�Parker reported unanimous support of Appropriation Committee. Deborah Mauger reported unanimous support of Board of Selectmen. Support of the Capital Expenditures Committee and Planning Board had been previously stated. 8:38 p.m. Members questioned work proposed for the town-owned building leased by the Historical Society. 8:39 p.m. Article 8,part O, Declared Adopted Unanimousl� 8:40 p.m. Article 8,part d, presented bv Maril�n Fenollosa. Glenn Parker reported the Appropriation�ommittee's support for Indefinite Postponement. Deborah Mauger reported unanimous support for Indefinite Postponement by the Board of Selectmen. Article 8,part d, Declared Adopted. 8:43 p.m. Article 8,part e,presented bv Marilvn Fenollosa. Glenn Parker reported the Appropriation Committee's support for Indefinite Postponement. Deborah Mauger reported the unanimous support for Indefinite Postponement by the Board of Selectmen. Dawn McKenna, Tourism Committee - Chair, reported support for Indefinite Postponement. Article 8,part e, Declared Adopted. 8:45 p.m. ' Article 8,part i, presented by Marilyn Fenollosa. Melisa Tintokalis, Economic Development Director, reviewed requested funding. Glenn Parker reported support of Appropriation Committee. Deborah Mauger reported unanimous support of the Board of Selectmen. Dawn McKenna, Tourism Committee Chair,reported unanimous support of the Tourism Committee. Melisa Tintocalis and Town Counsel Kevin Batt responded to questioning on lot ownership,properiy abutter rights, and funding eligibility. 8:55 p.m. Jerry Michelson, pr.5, reported support of the Lexington Center Committee. Members spoke in support and opposition, questioned estimated cost and possible use. 9:13 p.m. John Hayward,pr.5, called the question. Adopted. 9:13 p.n`r: Article 8,pa�t i, Declared Adopted. 9:15 p.m. Article 8,part Z, presented by Marilyn Fenollosa. Housing Authority Executive Director Steve I�eane requested funding. 9:16 p.m. Glenn Parker reported unanimous support of Appropriation Committee. Deborah Mauger reported unanimous support of Board of Selectmen. Mr. Keane responded to questions regarding proposed renovations, costs and building ownership. 9:23 p.m. Article 8,part l, Declared Adopted. 9:24 p.m. AYticle 8,part m, presented by Marilyn Fenollosa. Le�cington Housing Assistance Board(Le�-IAB)Vice Chair Bill Hays reviewed requested funding, along with Board members Lester Savage and Robert Burbidge. 9:25 p.m. Glenn Parker reported support of Appropriation Committee [7-2]; John Bartenstein presented minority report in opposition. Deborah Mauger reported unanimous support of the Board of Selectmen. Board members responded to questions regarding planned development, design staius, and costs. Bill Hays addressed funding availability and development. _____ __ _----- ---- __ __-----__ ---- _ _ __. __ __ _ __ _ _, --- -------__—___ 1 ______ 237 April 8, 2013 Adjourned Session of the 2013 Annual Town Meeting, cont.... � Members and residents from the audience spoke in support and opposition,questioning affordable housing/community housing and any future opportunity for town meeting to authorize proposed construction. Selectman Deborah Mauger explained authority of Le�iAB expenditures with approval of the Selectmen. , 10:13 p.m. Richard McDonough,pr.5, called the question. Adopted 10:14 p.m. Marilyn Fenollosa summarized funding mechanism, role of the Community Preservation Committee, and design review by the Selectmen. Bill Hays explained LexHAB • � needs approval of the Selectmen for the project. �_� 10:38 p.m. Following a standing vote tallied as follows,Article 8, part m, Declared Not Adopted: Vote/Pct 1 2 3 4 5 6 7 8 9 AL Total Yes 8 4 11 6 3 6 4 12 7 13 74 No 6 10 5 9 10 12 11 5 3 7 78 Abstain 0 0 0 0 0 0 0 0 0 0 0 10:29 p.m. Article 8,part p, presented by Marilyn Fenollosa. Glenn Parker reported unanimous support of Appropriation Committee. beborah Mauger reported unanimous support of Board of Selectmen. Charles Lamb reported support of Capital Expenditures Cominittee. Article 8,part p, Declared Adopted Unanimously. 10:29 p.m. Article 8,part q,_presented by Marilyn Fenollosa. Glenn Parker reported unanimous support of Appropriation Committee, Charles Lamb reported support of Capital Expenditures Committee. 10:30 p.m. Article 8, part c�,Declared Adopted Unanimously. 10:30 p.m. Selectman Deborah Mauger moved adjournment unti17:30 p.m., Wednesday, April 10, 2013, Margery M. Battin Ha11, Cary Memorial Building. Adopted Unanimously. �--.-, A true copY, - �__ �.��,,��- Attest: Donna M. Hooper, Town Clerk Apri110, 2013 Adjourned Session of the 2013 Annual Town Meeting The seventh session of the 2013 Annual Town Meeting was called to order by Moderator Deborah Brown; 7:30 p.m. Wednesday, April 10, 2013,Margery M. Battiri Hall, Cary Memorial Building. A quorum of 166 present. 7:30 p.m. Presented by Selectman Hank Manz. ARTICLE 9: APPROPRIATE FpR RECREATION CAPITAL PROJECTS MOTION: That$75,000 be appropriated for dredging the lower irrigation pond at the Pine Meadows Golf Course, and that to meet this appropriation$75,000 be appropriated from Recreation Fund Retained Earnings. 7:35 p.m. Hank Manz reported unanimous support of the Board of Selectmen. 7:36 pm. Lisah Rhodes,pr.9,presented requested action on behalf of the Recreation Committee. Jill Hai reported unanimous support of Capital Expenditures Committee. Susan McLeish reported support of Appropriation Committee. Recreation Director Karen Simmons responded to questions regarding silt testing. _ , 7:40 p.m. Motion Adopted Unanimously. 7:40 p.m. Fresented by Selectman Joseph Pato. � . ARTICLE 10: 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) Fire Pumper Replacement-$485,000 for the purchase of a fire pumper 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$485,000 under M.G.L. Chapter 44, Section 7(9)or any other enabling authority; 2�38 April 10, 2013 Adjourned Session of the 2013 Annual Town Meeting, cont.... �) Cary Memorial Library RFID Conversion Project-$124,000 for converting the Library's materials and equipmenf to a Radio Freq�ency ID system,and that to meet this appropriation $124,000 be appropriated from the general fund unreserved fund balance; c) Head End Equipment Replacement-Phase IV-$60,000 for replacing equipment at the Head End of the Town/School Wide Area Network, and that to meet this appropriation$60,000 be appropriated from the general fund unreserved fund balance; d) MIS Technology Improvement�Program-$160,000 for storage area network,blade server technology and virtualization software, and that to meet this appropriation$160,000 be raised in the tax levy; e) Network Redundancy and Improvement Plan-$36,000 to install redundant network paths to selected town buildings via additional fiber runs and wireless links,and that to meet this appropriation$36,000 be appropriated from the general fund unreserved fund balance; fl Replace Townwide Telephone Systems-Phase II-$146,000 for new telephone systems in town and school buildings;and that to meet this appropriation$146,000 be raised in the tax levy, g) Townwide Electronic Document Management System-Phase III-$60,000 for continued upgrading of the Document Management System, and that to meet this appropriation$60,000 be appropriated from the general fund unreserved fund balance; h) Hastings Park Gazebo Rehabilitation/Design and Engineering-$15,000 for funding the design and engineering needed to renovate the Gazebo,and that to meet this appropriation $15,000 be raised in the tax levy. i) Street Improvements and Easements-$1,890,074 for road reconstruction,repairs and resurfacing by the Department of Public Works and all incidental costs related thereto, and to take by eminent domain,pw-chase or otherwise acquire any fee, easement or other interest in land necessary therefor,and that to meet this appropriation$1,890,074 be raised in the tax levy, and authorize the Town to accept and expand any additional funds provided or to be provided by the Commonwealth of Massachusetts through the Massachusetts Highway Department; j) Townwide Culvert Replacement-$390,000 for the repair and replacement of culverts and all incidental costs related thereto, and that to meet this appropriation$390,000 be raised in the tax levy; k) Storm Drainage Improvements and NPDES Compliance-$340,000 for construction and �-a reconstructing storm drains and all incidental costs related thereto, and that to meet this " appropriation$155,155 be raised in the tax levy, and the Treasurer,with the approval of the Board of Selectmen, is authorized to borrow$184,845 under 1VI.G.L. Chapter 44, Section 7(1) `-'-' or any other enabling authority; 1) DPW Equipment Replacement-$640,Q00 for the cost of departmental equipment for the Department of Public Works 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$64Q,000 under M.G.L. Chapter 44, Section 7(9)or any other enabling authority; m) Hastings Park Irrigation-$73,000 for the installatiori of an automated in-ground irrigation system at Hastings Park, and that to meet this appropriation$73,000 be appropriated from the general fund unreserved fund balance; n) Hydrant Replacement Program-$100,000 for the replacement of fire hydrants and all � incidental costs related thereto, and that to meet this appropriation$50,000 be appropriated from Water Retained Earnings and$50,000 be appropriated from the general fund unreserved fund balance; o) Comprehensive Watershed Stormwater Management Study and Implementation-$390,000 to fund watershed storm management projects 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$390,000 under M.G.L. Chapter 44, Section 7(1)or any other enabling authority; p) Townwide Signalization Improvements-$125,000 for traffic and pedestrian signals, and that to meet this appropriation$125,000 be appropriated from the general fund unreserved fund balance; q) Hartwell Avenue Infrastructure-$600,000 for planning and design of roads, sidewalks, � mixed use pathways, and/or bridge repair in the Hartwell Avenue corridor, and that to meet this appropriation the Treasurer,with the approval of the Board of Selectmen, is authorized to borrow$600,000 under M.G.L. Chapter 44, Section 7(22)or any other enabling authority; r) Sidewalk Improvements and Easements-$600,000, including$200,000 for the Hartwell Avenue Conidor and$400,000 for other town locations, for rebuilding and repaving existing � sidewalks and constructing new s3dewalks 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 therefar; and that to meet this appropriation the Treasurer,with the approval of the Board of Selectmen,is authorized to borrow$600,000 under M.G.L. Chapter 44, Section 7(6) or any other enabling authority; and -__- -__-- _ _ _ _ ___ _ - --- � _ - ___ _ __ _ -- ---_ - - ----_ 239 April 10; 2013 Adjourned Session of the 2013 Annual Town Meeting, cont.... . , s) Coricord Avenue Sidewalk Construction and Easements-$3,000,000 for constructing sidewalks along Concord Avenue from Spring Street to Waltham Street 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 therefor,and that to meet this appropriation $96,000 be appropriated from the Tra�c Mitigation Stabilization Fund and the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow$2,904,000 under M.G.L. Chapter 44, Section 7(6)or any other enabling authority. Joseph Pato moved part(S) of Article 10 now before the meeting and reported the unanimous . support of the Board of Selectmen on all parts of Article 10. Article 10 (S) - Concord Avenue Sidewalk Construction and Easements- 7:40 p.m. Jill Hai reported unanimous support of Capital Expenditures Committee on part (S) and on all parts of Article 10 except part(h). Susan McLeish reported unanimous support of Appropriation Committee on all parts except 10(h) where l member abstained from voting. - Richard Canale reported Planning Board support for Article 10,parts a-p. 7:45 p.m. Alessandro Alessandrini reported unanimous support of the School Committee for Article 10,parts (S) and(R). 7:48 p.m. Members and citizens from the balcony spoke in support; Town Engineer John Livsey responded to questions on life expectancy of sidewalks,tree removal needs, and completion timelines. 8:03 p.m. Article 10,part(S)Adopted Unanimously. 8:05 p.m. Discussion on Article 10,parts a-r ensued. 8:05 p.m. Article 10 (a)—Fire Pumper-Support of Appropriation and Capital Expenditures Committees reported. Article 10(a)Adopted Unanimously. 8:05 p.m. Article l p (b)—Cary Library RFID System—Support of Appropriation and Capital Expenditures Committees reported. Article 10(b)Adopted Unanimously. 8:06 p.m, Article 10 (c)—Head End Equipment=Support of Appropriation Committee � � reported. Article 10 (c) Adopted Unanimously. 8:07 p.m. Article 10 (d)-MIS Technology-Article 10 (d)Adopted Unanimously. 8:08 p.m. Article 10 (e)—Network Redundancy—Adopted Unanunously. 8:09 p.m. Article 10 (fl—Telephone System—Adopted Unanimously. 8:10 p.m. Article 10 (g)-Electronic Document Management System—Adopted Unanimously. 8:10 p.m. Article 10 (h)-Hastings Park Gazebo—Support of 4-1 of Capital Expenditures Committee reported, with opposition concerning required repairs and ADA compliance. 8:12 p.m. Article 10 (h)Adopted 8:15 p.m. Article 10 (i)—Street Improvements—Town Engineer John Livsey reported proposed 2013 and possible 2014 street work. Article 10 (i)Adopted Unanimously. 8:18 p.m. Article 10 (j)-Townwide Culvert Replacement—Adopted Unanimously. Article 10 (k)—Storm Drainage Improvements—Adopted Unanimously. Article 10 (1)—DPW Equipment Replacement-DPW Director William Hadley _ xesponded to questions on equipment costs., Article 10 (1)Adopted Unanimously. 8:20 p.m. Artiele 10 (m)-Hastings Park Irrigation-DPW Director William Hadley responded to questions regarding use of Hastings Park and irrigation system impact. Article 10 (m)Adopted Una.nimously. : Article 10 (n)—Hydrant Replacement Program—DPW Director William Hadley responded to questions regarding sidewalk repairs and hydrant replacements. Article 10 (n) Adopted Unanimously. 8:24 p.m. Article 10 (o) - Comprehensive Watershed Stormwater Managemerit Study and - Implementation-Adopted Unanimously. ' Article 10 (p) -Townwide Signalization Improvements—Adopted Unanimously. � Article 10(�—Hartwell Avenue Infrastructure—Planning Board Chairman Richard Canale addressed the plan for Hartwell Avenue and reported the Board's support for Article 10 (�; Town Engineer John Livsey explained project components areas in which the Commonwealth is to be involved. Richard Canale further explained the MPAC process. Mr. Livsey commented further on design and construction funds sought. Discussion on zoning, coordination with Hanscom Air Force Base, and economic development ensued. 8:46 p.m. Article 10 (�Adopted by more than the two-thirds vote. 240 Ap�il 10, 2013 Adjourned Session of the 2013 Annual Town Meeting, cont.... � 8:47 p.m. Article 10 (r) - Sidewalk Improvements and Easements-Planning Board Chairman Richaxd Canale reported support of the Board. DPW Director William Hadley reported on sequences for sidewalk and roadway work,to which Town Engineer John Livsey commented further. Article 10 (r) Adopted Unanirnously. � 8:53 p.m. Presented by Selectman Hank Manz. ARTICLE 14: APPROPRIATE FOR PUBLIC FACILITES 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) Municipal Building Envelope and Systems-$173,954 for design, construction,repair and replacement projects for the maintenance and upgrades of municipal buildings and systems, and that to meet this appropriation$173,954 be raised in the tax levy; b) School Building Flooring Program-$125,000 for replacing carpet,vinyl tile and ceramic tile floaring systems and all incidental costs related thereto,and that to meet this appropriation$125,000 be appropriated from the general fund unreserved fund balance; c) School Interior Painting Program-$150,000 for a school building interior painting program, and that to meet this appropriation$150,000 be appropriated from the general fund unreserved fund balance; d) School Window Treatments Extraordinary Repair-$50,000 for replacing window treatments with low maintenance solar shades, and that to meet this appropriation $50,000 be appropriated from the general fund unreserved fund balance; e) School Paving Program-$150,000 for designing, constructing and maintaining school parking and paved pedestrian surfaces, and that to meet this appropriation$150,000 be appropriated from the general fund unreserved fiznd balance; � fl Lexington High School Overcrowding-Phase 3 Engineering and Improvements- $362,000 for engineering,remodeling and reconstructing rooms at Lexington High School and all incidental.costs related thereto to alleviate overcrowding, and that to meet this appropriation the Treasurer,with the approval of the$oard of Selectmen, is authorized to borrow$362,000 under M.G.L. Chapter 44, Section 7(3A)or any other enabling authority; g) School Security Stand.ardization-$370,000 to standardize the elementary and middle � schools for access control and video security, and that to meet this appropriation - $370,000 be appropriated from the general fund unreserved fund balance; h) Installed Wall Units-Air Conditioner-$56,000 for installation of four air conditioning wall units in the School Central Administration lower level professional developmenticonference rooms, and that to meet this appropriation$56,000 be appropriated from the general fund unreserved fund balance; i) School Building Envelop and Systems Program-$235,000 for design,repairs and modifications to prevent deterioration of school building exterior and building systems, and that to meet this appropriation$235,000 be appropriated from the general fund unreserved fund balance; . j) Clarke Middle SchoolBus Loop-$35,000 far a study of bus loop construction on the Stedman Road side and to identify solutions to address the long-term need to separate car and bus traffic at the Clarke Middle School, and that to meet this appropriation$35,000 be appropriated from the general fund unreserved fund balance; k) Hastings School Kitchen Renovation-$90,000 for necessary upgrades to the kitchen at the Hastings School, and that to m�et this appropriation$90,000 be appropriated from the. . general fund unreserved fund balance; 1) Print Shop Renovation-$312,000 for engineering,remodeling,reconstructing and making extraordinary repairs to the Public Schools Print Shop 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$312,000 under M.G.L. Chapter 44, Section 7(3A) or any other enabling authority; m) Public Facilities Vehicle Replacement-$80,000 for a replacement vehicle for the . Department of Public Facilities 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$80,000 under M.G.L, Chapter 44, Section 7(9)or any other enabling authority; . n) Public Facilities Bid Documents-$175,000 far professional services to produce design development, construction documents, and bid administration services far capital projects, and that to meet this.appropriation$75,000 be appropriated from the general fund unreserved fund balance and$100,000 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund; and o) Human Resources Office Renovation-$29,500 for redesigning and renovating the School Human Resources Office and the Office of the Assista.nt Superintendent for Human Resources,and that to meet this appropriation$29,500 be appropriated from the general fund unreserved fund balance. � _ __-- --- -- - - ----- -"- --- ----_ _____ _ _-- _- - - __ . _ _ _, -,_ _-_ _ __ ___ --- - I_____ 241 April 10, 2013 Adjourned Session of the 2013 Annual Town Meeting, cont...: Selectman Manz reported unanimous support of tlie Selectman on all parts of Article 14 except p�rt(h)where support of the Board is 4-1 in favor. William Hurley reported unanimous su�p ort of the Capital Expenditures Committee for a11 parts of Article 14 except 14 (c)which it�s�-1. Robert Cohen reported unanimous support of the Appropriation Committee for all parts of Article 14 except 14 (g), Margaret Coppe reported unanimous support of the School Committee for Article 14 parts (b-1)�gsupp��fing1� �stG,�v►�� ?� 8:58 p.m. Town Manager Carl Valente responded to questions regarding funding sources, to which Capital Expenditures Committee member Charles Lamb further responded. Director of Facilities Patrick Goddard responded to questions concerning window replacements 14(d). 9:06 p.m. Selectman Peter Kelley outlined his opposition to Article 14(h). Facilities Director Patrick Goddard responded to air conditioning needs and security camera questions,to � which an additional response was provided by Superintendent Paul Ash. 9:29 p.m. Article 14 (h) Adopted. � 9:30 p.m. Discussion ensued on other parts of Article 14. 9:44 pm. Article 14 parts (a-o) except part(h) .Declared Adopted by more than the necessary two-thi�ds vote. 9:46 p.m. Presented by Selectman Norman Cohen. ARTICLE 15: APPROPRIATE BONDS AND NOTES PREMIUMS � 1t�IOTION: That the Town appropriate$1,831,481 from the premium paid to the Town upon the sale of bonds issued for the Bridge and Bowman School Reconstruction as authorized under Article 2 of the November 14, 2011 Special Town Meeting and$2,291,846 from the premium paid to the Town upon the sale of bonds issued for the New Estabrook School as authorized under Article 2 of the Apri12, 2012 Special Town Meeting, which are the subject of Proposition 2%z debt exclusions,to pay costs of the projects being fmanced by such bonds a�d to reduce the amounts authorized to be borrowed for such projects,but not yet issued by the Town, by the same amounts: � - 9:46 p.m. Charles Lamb reported unanimous support of Capital Expenditures Cominittee. Richard Neumeier reported unanimous support of Appropriation Committee. 9:52 p.m. Adopted Unanimously. 9:53 p.m. Presented by Selectman Norman Cohen. ARTICLE 16: ACCEPT MGL CHAPTER 32, SECTION 101 MOTION: That the Town hereby accepts Section 101 of Chapter 32 of the Massachusetts General Laws. Mr. Cohen reported unanunous support of the Selechnen. Retirement Board Chairman Robert : Cunha,pr.l, reviewed the proposed request and the statute's relief to surviving spouses. 9:56.p.m. Ricliard Neumeier reported unanimous support of Appropriation Committee. 9:56 p.m. Adopted Unanimously. , 9:57 p.m. Presented by SelectmanNorman Cohen. ARTICLE 17: ACCEPT MGL CHAPTER 32, $�CTION 12(2)(D PARAGRAPH 11) MOTION: That the Town hereby accepts Section 12(2)(d paragraphl 1) of the Massachusetts General Laws. Mr. Cohen reported unanimous support of the Selectmen. Retirement Board Chairtnan Robert Cunha further explained request. 9:57 p.m: Richard Neumeier reported unanimous support of Appropriation Committee. 9:58 p.m. Adopted Unanimously. � 9:59 p.m. Presented by Selectman Deborah Mauger. ARTICLE 18: APPROPRIATE TQ POST EMPLOYMENT INSURANCE LIABILITY FUND MOTIOlV: That$775,000 be appropriated to the Town of Lexington Post Retirement Insurance Liability Furid, as esta.blished`by Chapter 317 of the Acts of 2002, and that to meet this appropriation$525,000 be raised from the general . fund unreserved fund balance and$250,000 be raised in the tax levy. 242 �lpril 10, 2013 Adjourned Session of the 2013 Annual Town Meeting, cont:... Ms. Mauger reported unanimous support of the Selectmen. Alan Levine reported unanimous support of Appro�riation Committee. 1 p:03 p.m. Thomas Diaz,pr.3,moved the following axnendment: AMENDMENT: The main motion be amended by deleting the amount of$775,000 i� the first line and deleting the amount of$525,000 in the third line and replacing each of these amounts with the amount of$465,000; and further by deleting the words "and $250,000 from the tax levy" in the third line. � Members spoke in support and opposition to the amendment. Deborah Mauger reported the unanimous opposition of the Selectmen; Glenn Parker reported the opposition [7-1] of the Appropriation Committee. Town Manager Carl Valente responded to questions on fixnding liability. Selechnan Deborah Mauger explained the need for an actuarial study. Discussion ensued. 10:24 p.m. Dawn McKenna,pr.6, called the question. Motion Adopted. 10:24 p.m. Thomas Diaz summarized his position. 10.:25 p.m. Standing vote taken on Diaz Amendment tallied as follows: Vote/Precinct 1 2 3 4 5 6 7 8 9 AL Total Yes 4 2 10 8 6 6 6 2 7 4 55 No 10 7 6 3 6 10 9 13 5 14 83 Abstain 1 1 � . � On a vote of 55 in favor and 83 opposed,with 1 abstention,Amendment Not Adopted. 10:29 p.m. Discussion on Article 18 ensued,with members speaking in support and opposition, questioning fund balances and availability. Town Manager Carl Valente responded. 10:38 p.m. John Hayward,pr.5, called the question. Not Adopted. Discussion continued, speaking in support and opposition. 10:56 p.m. Robert Rotberg,pr.3, moved Article 18 be tabled to Apri122"d. Not Adopted. 10:58 p.m. Marsha Baker,pr.7, called the�question. Adopted. 10:58 p.m. Standing vote taken on Article 18 tallied as follows: Vote/Precinct 1 2 3 4 5 6 7 8 9 AL Total Yes 8 7 7 4 9 13 10 14 8 14 94 No 4 2 8 7 4 4 5, 1 4 3 42 Abstain 1 l On a vote of 94 in favor and 42 in opposition, with 1 abstention, Article 18 Adopted. 10:58 p.m. Frank Sandy,pr.6, served Notice of Reconsideration on Article 18. 10:59 p.m. Selectman Deborah Mauger moved adjournment to 7:30 p.m.,April 22, 2013, Battin Hall, Cary Memorial Building. Adopted A true copy. " �'��- Attest: Donna M. Hooper, Town Clerk Apri122,2013 Adjourned Session of the 2013 Annual Town Meeting ; The eighth session of the 2013 Annual Town Meeting was cailed to order by Moderator Deborah Brown at 7`.30 .m. Monday, A�ril 22, 2013. A quorum of 157 members presen� ` Nta,rcj��,�.�,�I-�n Hrxi i� C,x,r y M�imar,wl �3w, ►din�: � Moderator Brown called for a moment of silence in memory of those who have served and those �--� perished as a result of the bombings at the April 15, 2015 Boston Marathon. Selectman Deborah Mauger recognized the efforts of the Lexington Police over the past week, their support in the efforts of the Marathon bomber capture and safety for Le�ngton. ---- - _ _ - _ __- _ __ ___ _ _ _ _ -- _ _ -----__ _- � , _ _ -- -- --- ------- 243. April 22, 2013 Adjourned Session of the 2013 Annual Town Meeting, cont..:. 7:37 p.m. presented by Selectman Joseph Pato.' �R:TICLE 19: RESCIND PRIOR BORROWING AUTHORIZATION MOTION: That the unused borrowin authority as set forth below be and is hereby rescinded: ArHcle# Town Meeting Project Descriptinn Project Manager Amount to be Rescinded 19c 2009 ATM Lexington High School Heating System Upgrade Pat Goddard $33,000 8L 2010 ATM Remodeling,reconstructing and making Pat Goddard $60,580 extraordinary repairs to the Town Office Building � � 13(b)(ii) 2011 ATM Estabrook School Related Stceet Access Bill Hadley $120,100 Improvements � _., 13k 2011 ATM Repair of Fire Station Floor Pat Goddard $232,397 16j 2012 ATM Grounds Vehicle Replacement Pat Goddard $9,490 Mr. Pato reported support of the Selectmen. Charles Larr�b reported unanimous support of Capital Expenditures Committee; Glenn Parker reported unanimous support of Appropriation . Committee. 7:39 p.m. Adopted Unanimously. 7:40 p.m. Presented by Selectman Deborah Mauger. ARTTCLE 20: ESTABLISH AND APPROPRIATE TO AND FROM SPECIFIED STABILIZATION FUNDS MOTION: (a)That$1,600,000 be appropriated from the Capital Projects/Debt ServiceBuilding Renewal Fund to offset debt ser�ice for projects excluded from the limits of Proposition 2 '/2 ;and � (b) That$2,184,000 be appropriated to the Capita.l ProjectslDebt ServiceBuilding Renewal Fund, and to meet this appropriation$950,000 be appropriated from the general unreserved fund balance, and$1,234,000 be raised in the tax levy. (c)That$67,760 be appropriated to the Transportation Demand Management/Public Transportation Stabilization Fund, and to meet this appropriation$67,760 be transferred from the TDM special,revenue account. Ms. Mauger reported unanimous support of the Selectmen; Charles Lamb reported unanimous support of Capital Expenditures Committee for part(b); Glenn Parker reported unanimous support of Appropriation Committee. 7:42 p.m. Patrick Mehr,pr.3,moved the following Amendment: AMENDMENT: In Part(b) of the main motion under Article 20 dated 4/1/13, $2,184,000 be replaced with$2,934,000 and$950,OOObe replaced with$1;700,000. 7:47 p.m. Selechnan Deborah Mauger reported unanimous opposition of the Selectmen. Charles Lamb reported opposition [4-0] of Capital Expenditures Coxnmittee; Glenn � Parker reported opposition [8-0] of Appropriation Committee. Meml�ers spoke in support and opposition. Town Manager Carl Valente responded to question on tax revenue growth. Selectman Deborah Mauger and Appropriation Committee member Alan Levine, further explained projecting tax revenue. Selectman Norman Cohen explained the bonding process in response to questions of the members. 8:16 p.rri. Mehr Amendment Not Adopted. 8`17 p.m. Article 20,parts a, b; c, Adopted Unanimously. � 8:18 p.m. Presented by Selectman Noi�nan Cohen. ARTICLE 22: APPROPRIATE FROM DEBT SERVICE STABILIZATION F�JND , MOTION: That$124,057 be appropriated from the Debt Service Stabilization Rund to offset the FY2014 debt service of the bond dated FeUruary 1, 2003 issued for funding additions and renovations to the Lexirigton High School, Clarke Middle School and Diamond Middle School as refunded with bonds dated December 8, 201 l. Mr. Cohen reported unanimous support of the Selectmen. Chaxles Lamb reported unanimous - support of Capital Expenditures Committee; Glenn Parker reported unanimous support of Appropriation Committee. 8:19 p.m. Norman Cohen responded to questions on the fund and reviewed ava.ilability of funds and use. Town Manager Carl Valente explained str'ict regulation of investrnents. 8:24 p.m. Declared Adopted by more than the two-tilirds vote. ';�4�4 A�ril 22, 2013 Adjourned Session of the 2013 Annual Town Meeting, cont.... 8:25 p.m. Presented by Selectman Normari Cohen. ARTICLE 23: APPROPRIATE FOR PRIOR YEARS UNPAID BILLS MOTION: That$24,450 be appropriated to pay unpaid bills for goods and services rendered to the Department of Public Works for fiscal yeaxs 2010, 2011 and 2012 and that said bills be paid from funds appropriated for FY13 from line item 3100-3500 DPW Expenses as approved under Article 4 of the 2012 annual � town meeting. Mr. Cohen reported unanimous support of the Selectmen. Glenn Parker reported r� unanimous support of Appropriation Committee. Adopted Unanimously. , 8:27 p.m. Presented by Selectman Joseph Pato. ARTICLE 24: AMEND FY2013 OPERATING BUDGET MOTION: That the following amounts be appropriated to the following line items far , the FY2013 budget as approved under Article 4 qf the 2012 Annual Town Meeting, and subsequently amended under Article 2 of the November 19, 2012 Special Town Meeting, and that said amounts be transferred from the following sources: LINE ITEM PROGRAM FROM TO 7100 Community Development Personal Senrices $ 1,032,112 $1,018,112 7100 Community Development Expenses $ 175,708 $ 189,708 833.0 Public Celebrations Committee $ 34,000 $ 54,000 8400 Finance Personal Services . $ 1,181,922 $1,166,922 8400 Finance Expenses $ 400,145 $ 415,145 8500 Town Clerk Personal Senrices $ 323,030 $ 351,930 8500 Town Clerk Expenses $ 111,525 $ 137,125 8600 MIS Personal Services $ 342,855 $ 320,855 8600 MIS Expenses $ 565,425 $ 587,425 and further that$74,500 be appropriated from the General Fund Unreserved Fund Balance to finance said amendments. 8:28 p.m. Finance Director Robert Addelson explained requested funding. Glenn Parker reported unanimous support of Appropriation Committee. Town Manager Carl Valente responded to question on Public Celebrations Committee request. 8:31 p.m. Adopted Unanimously. 8:31 p.m. Presented by Selectman Deborah Mauger. � ARTICLE 25: APPROPRIATE FOR AUTHORIZED CAPITAL IMPROVEMENTS MOTION: That this article be indefinitely postponed. Charles Lamb reported unanimous support of Capital Expenditures Committee. Glenn Parker reported unanimous support of Appropriation Committee. 8:32 p.m. Adopted Unanimously. 8:32 p.m. Selectman Deborah Mauger moved dissolution of the 2013 Annual � Town Meeting. Adopted. A true copY, Attest: �'�J Donna M. Hooper, Town C1erk __- ---- --- -_.__- __.- ----- T -- _ ______ __ _ _ __ �� Town of Lexington —Special State Primary—April 30, 2013 (SEE WARRANT FILE for Warrant) In pursuance of the foregoing warrant,,the legal voters of the Town of Lexington met at 7:00 a.m. in their respective voting places in said town, Tuesday, April 30, 2013: The following places were designated as the voting places for the various precincts: Precinct One, Cary Memorial Building; Precinct Two, Bowman School; Precinct Three, Jonas Clarke Middle School; Precinct Four, Bridge School; Precinct Five, Cary Memorial Building; Precinct Six, William Diamond Middle School; Precinct Seven, Joseph Estabrook School; Pcecinct Eight, Samuel Hadley Public Services Building; Precinct Nine, Maria Hastings SchooL The election officers and Wardens were assigned for duty as follows: Precinct 1: Warden: Richard Pemberton [U]; Clerk: Barry Sampson [U]; Inspectors: Richard Spillane[U],William Barrett[R], Doris Pemberton [UJ, Edwina Spillane[U], Jeanette Cerulli [D], Eileen McAlduff[U],Vema Thayer[U]. - Precinct 2: Warden: Rebecca Fagan Gorospe[U]; Co-Clerks: Richard Eaton [U], Susanne Hays[U]; Inspectors: Arline Bums[U], Robert Hartshorn [D], Marita Hartshorn [D], Katherine O'Sullivan[U], Josephine Petner[D],Margaret Ouellette[D]. Precinct 3: Co-Wardens: Faith Fenske[U], Shirley Frawley[D]; CaClerks: Elaine Quinlan[U], William Frawley[D]; Inspectors: Sandra Natale[U], Edward Natale(U],Ann Canter[D], Laura Welby [U], Maarib Bazzaz[D], Francine Edwards[U],Theresaleslie[U], Elizabeth McLaughlin [U]. Precinct 4: Warden: Linda Dixon [U]; Clerk: Evangeline Puopolo[U]; Inspectors: Gloria Curran [U], Eleanor Smith[U], John Yanakis[U] , Beverly Aker[U], Dorothy Bolduc[U], Dana Regillo[U],Ann Mary Dunn [U], Dorothy Tutko[U]. Precinct 5: Warden: Marie Hill [U]; Clerk: Josephine Bailey[U]; Inspectors: Joanne Andrellos[R], Mara Bohn[D], Joan Granger[U], Christine Hill [D], Joel Adler[U], Judy Cooper[D], Donna Keane[U], Lorraine Setterlund[U], Linda Cohen [U], Mary Tashjian[U]. Precinct 6: Warden: Dorothy Boggia[U]; Clerk: Ann Webster[U]; Inspectors: Richard Bair[D], Stacey Hamilton [D],Joann Gschwendtner[U], Elizabeth Sullivan [D], Charles Winchester[R], E.Ashley Rooney[D], D. Peter Lund [R], L. Susan Conway[U],Edgar Knudson[U], Louis Mula[U], ' Francine Stieglitz{D], Marie Sullivan[U], Elizabeth Sullivan [D],. Precinct 7: Warden:Alice Pierce[D]; Clerk: Margaret Bradley[D];Jnspectors: Mabel Amar[D], Mary Ayvazian{D], Christine Ammer[D], Isabelle Bennett[R], Mary Burnell [U], Charlotte Ford[D], Barbara Mix[R]. ' Precinct 8: Warden: Chet Webster[U]; Clerks: Julie Sibert[U], Margaret Counts-Klebe[D]; Inspectors: Anne O'Neill [U], Elinor Bettencourt[R],Anthony Montagna[U], Maureen Bums[U], Ann Diamond [U], Carol Flynn [U], Jean Shanahan [U]. Precinct 9: Warden: Shirley Ament-Bergey[D]; Clerk: Clark Schuler[U]; Inspectors: Harry Farrington [U], Judifh Schuler[U], Marilyn Fenollosa[D], Mary Connor[D], Patricia Costello[U], Mary Gillespie [D], Elizabeth Golovchenko[U], Joan Granger[U], Janet Lowther[R], Mary Ellen Turner[D]. , The election officers were sworn to the faithful performance of their-duties. The polls were declared open in each precinct at seven o'clock A.M. and remained open until eight o'clock p.m., at which time, after due notice, the polls were declared closed. Election results were delivered to the Town Clerk at the Town Office Building. 28% of the registered voters cast their vote. The Town Clerk tallied the results as follows: ABSENTEE BALL"OT BREAKDOWN Applications Processed Total Ballots Ballots Not Returned/ Returned/ Lafe/Undeliverable/ Pct In Person Mail Counted Rejected 1 5 12 14 3 2 10 8 13 5 3 10 28 31 7 4 15 15 27 3 5 16 21 33 4 6 22 2p 4p 2 7 19 19 35 3 8 9 9 17 1 9 12 10 21 1 Totals 118 138 227 2g Total of 21,691 re istered voters eli ible to vote as of A ril 10, 2013. Precinct 1 2 3 4 5 6 7 8 9 Total Total Re . 2117 2515 2129 2492 2646 2511 2453 2390 2438 21,691 Democrat 846 1043 823 1012 977 953 905 917 855 8,331 Re ublican 188 212 218 226 298 314 231 228 255 2170 Unenrolled 1077 1251 1080 1246 1367 1240 1308 1236 1323 11128 AllOthers 6 9 8 8 4 4 9 9 5 62 �� Special Stafe Primary—Tuesday,April 30,2013,cont... APRIL 30, 2013 SPECIAL STATE PRIMARY PRECINCT SUMMARY , PCT PCT PCT PCT PCT � PCT PCT PCT 1 2 3 4 5 6 7 g PCT 9 TOTAL Total Re istered Voters 2117 2515 2129 2492 2646 2511 2453 2390 2438 21691 Total Votes 512 793 580 745 663 742 713 648 598 5994 Totai Votes/Registered VOte�s 24% 32% 27% 30% 25% 30% 29% 27% 25% 28% DEMOCRATIC PARTY � Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL Total Re istered Voters 2117 2515 2129 2492 2646 2511 2453 2390 2438 21691 Total Precinct Votes 446 721 497 642 575 597 601 547 491 5117 Percent Votes/Total Voters 21% 29% 23% 26% 22% 24% 25% 23% 20% 24% Total Registered - DEMOCRAT 846 1043 823 1012 977 953 905 917 855 8331 Percent Votes/Total Pa 53% 69% 60% 63% 59% 63% 66% 60% 57% 61% Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL SENATOR IN CONGRESS BLANKS 0 0 0 0 0 3 0 0 0 3 STEPHEN F. LYNCH 66 79 38 65 76 66 75 48 76 589 EDWARD J.MARKEY 380 642 459 574 499 527 526 498 415 4520 ALL OTHERS 0 0 0 3 0 1 0 1 0 5 � REPUBLICAN PARTY Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL Total Re istered Voters 2117 2515 2129 2492 2646 2511 2453 2390 2438 21691 Total Precinct Votes 66 72 83 103 88 145 112 101 107 877 Percent Votes/Total Voters 3% 3% 4% 4% 3% 6% 5% 4% 4% 4% Total Registered REPUBLICAN 188 212 21& 226 298 314 231 228 255 2170 Percent Votes�fotal Part 35% 34% 38% 46% 30% 46% 48% 44% 42% 40% Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL SENATOR IN CONGRESS ' BLANKS 0 0 0 0 1 0 0 0 0 1 GABRIEL E. GOMEZ 31 43 46 62 50 83 62 55 47 479 MICHAEL J. SULLIVAN 23 13 20 26 30 29 33 32 47 253 DANIEL B.WINSLOW 12 16 16 15 7 33 17 13 13 142 ALL OTHERS 0 0 1 0 0 0 0 1 0 2 � _ A true copy. � �. Attest: Donna M. Hooper, Town Clerk , ' _ _ __ -- - -- --___ __- ----_ � I � _ _ _ ___ __ _ _ _ ____-- -__ 247 June 17,2013 Special Town Meeting Moderator.Deborah Brown called the June 17,2103 meeting to order at 7:30 p:m.,Battin Hall, Cary Memorial Building. A quorum of 142 present. Town Clerk Donna M. Hooper read the Warrant until waived. The Town Clerk read the Constables Return. 7:32 p.m. Moderator Brown reviewed the meeting's procedures. Joseph Pato reviewed the voluntary paper-based vote recording process for the meeting. ARTICLE 1: REPORTS OF CONINIITTEES 7:37 p.m. Alan Levine moved the report of the Appropriation Committee be - received and placed on file. Adopted Unanimously 7:38 p.m. Presented by Jeanne Krieger,pr. 3. ARTICLE Z: APPROVE TIF AGREElYI�NT(S) MQTION:That the Town: (a) approve the fundamental terms and conditions, including but not limited to the tax exemption percentage schedules contained therein, of the Tax Increment Financing("TIF")Agreement dated June 17, 2013, (b)delegate to the Board of Selectmen the execution of the TIF Agreement; (c) approve the designation of the location of the 113 Hartwell Avenue Economic Opportunity Area(EOA);as the parcel shown on Assessors Map 74, Lot 8A; (d) approve the Tax Increment Financing Plan dated June 17,2013; (e) authorize the Board of Selectmen to submit an application to the Massachusetts Economic Assistance Coordinating Council ("EACC")for the designation of the l 13 Hartwell Avenue EOA; (fl authorize the Selectmen to make minor modifications to these documents as may be needed prior to submission to the EACC; (� authorize the Board of Selectmen to execute any other documents related to and consistent with the TIF Agreement and submit such - documents to the EACC; and(g) authorize the Board of Selectmen to take action to enforce or terminate the TIF Agreement, including requesting that EACC decertify the TIF Plan, in the event that UniQure or King 113 Hartwell LLC fail to substantially comply with the TIF Agreement as determined by the Board qf Selectmen. � Jeanne Krie er and uni ure re resentative Ste hen Gor ol resented and reviewed �__ g � Q P P g �P proposal for development of 113 Hartwell Avenue. 7:45 p.m. Alan Levine,Appropriation Gommittee, reported the support of the Appropriation Committee and presented the Committee's report. . 7:49 p.m. Selectman Joseph Pato reported the unanimous support of the Selectmen. 8:04 p�.m. Gregory Zurlo reported the support of the Planning Board(3 in favor, 2 opposed); and presented the report. 8:09 p.m. John McWeeney, Economic Development Advisory Committee, spoke in favor. 8:15 p.m. Peter Milano, Massachusetts Office of Business Development, reviewed possible fmancial incentives from the Commonwealth and methods by which incentives could link to any local support. Stephen Gorgol,uniCure, explained the Lexington presence would be with the uniCure entity that is incorporated in the United States. 8:17 p.m. Town Counsel Kevin Batt responded to questions on the agreement format. 8:18 p.m. Members spoke in support and opposition, questioning job creation, corporate viability of uniCure, and transportation systems available to the site. Mary Jo Bohart reported the support of the Lexington Chamber of Commerce. Melisa Tintocalis,Economic Development Coordinator,responded to transporta.tion systems questions. Stephen Gorgol responded to questions on employee benefits, drug patenting, and anticipated build out of the complex, and anticipated hiring periods. 8:48 p.m. Planning Director Maryann McCall-Taylor, and member Richard Canale, responded to questions on transporta.tion demand funds from uniCure. 8:54 p.m. John Haywaxd,pr.5, called the Question. Adopted 8:55 p.m. Stephen Gorgol,uniCure, summarized requested action/ 8:55 p.m. Article 2 Adopted. 2�� . June 17, 2013 Special Town Meeting, cont... 8:56 p.m. Presented by Selectman Deborah Mauger ARTICLE 3: TECHNICAL CORRECTION TO ARTICLE 2 OF THE MARCH 18,2013 SPECIAL TQWN MEETING- LAND PURCHASE OFF MARRETT ROAD MOTION: That the vote passed under Article 2 of the warrant for the March 18, 2013 special town n�eeting be amended by striking the words "$3,560,000 be raised in the tax levy" and substiYuting therefor"$1,085,778 be raised in the tax levy and $2,474,222 be appropriated from the general fund unreserved fund balance". Ms. Mauger explained the requested action to rectify the financing source as voted at the March 18th special town meeting;that this is deemed to e a technical correction to Article 2 of the March 18, 29013 Special Town Meeting. Ms. Mauger reported the unanimous support of the Selectmen. 8:57 p.m. John Bartenstein reported the unanimous support of the Appropriation Committee. Charles Lamb reported the unanimous support of the Capital Expenditures � Committee. 8:58 p.m. Adopted Unanimously. 8:59 p.m. Presented by Selectman Norman Cohen. ��; ARTICLE 4: AMEND ZONING BYLAW- ,�o MEpICAL MARIJUANA TREATMENT CENTERS o N MOTION: That the Zoning Bylaw, Chapter 135 of the Code of the Town of �� Lexington,be amended as follows: � �, (1) Insert the following definition, in the correct alphabetical sequence, for "Medical � , �o Marijuana Treatment Center," to read as follows: � Medical Marijuana Treatment Center(MMTG) -Means a not-for-profit entity �� registered under 105 CMR 725.100,to be known as a registered marijuana �� dispensary (RMD);that acquires, cultivates,possesses,processes (including � �� development of related products such as edible marijuana infused products � o �--� �a (MIPs),tinctures, aerosols, oils, or oinhnents),transfers,transports, sells, ��,.; distributes, dispenses, or administers marijuana,products containing marijuana, 0 o related supplies, or educational materials to registered qualifying patients or their � , personal caregivers. Unless otherwise specified, RMD refers to the site(s) of �,N dispensing, cultivation, and preparation of marijuana. a � �� (2) Insert a new section 6.10: "Medical Marijuana Treatment Centers," to read as � � follows: �� Section 6.10, Medical Marijuana Treatment Centers �� 6.10.1 Purpose: Medical marijuana raises novel and complex planning, land use, public safety, and legal issues. A moratoriuxn on the use of land and structures for a Medical Marijuana Treatment Center will allow the Town sufficient time to engage in a planning process to address the effects of this new land use and to enact subsequent local by-laws and regulations. 6.10.2 Applicabilitv: The Town is instituting a moratorium on the use of land or structures for a Medical Marijuana Treatment Center, for a period as described below. 6.10.3 Moratorium Period: The moratorium is in efFect until no later than July 3 l, � 2014. ,..J (3) and further that non-substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the nuxnbering format of the Code of Lexington. Mr. Cohen reviewed proposed bylaw changes and circumstances for which proposal is being made. 8:59 Y.m. Richard Canale moved the report of the Planning Board be received and placed on file. Adopted Unanimously. --- _____ ----- _____ , _ _---- _ _ __ __ ___ _ _ _ _- -- ___-------- - -----� r---- _ _ __ �49 June 17, 2013 Special Town Meeting, cont... 9:00 p.m. Planning Boaxd member Michelle Ciccolo reviewed the Report's findings, including the Board's support of Article 4 (4 in favor and 1 opposed). 9:09 p.m. Norman Cohen reported the unanimous support of the Selectmen. Town Counsel Kevin Batt responded to questions on based on this proposed bylaw when the moratorium would expire. , Planning Board Chair Ricfiard Ganale reported the intent of theBoaxd to re-write section 65.10 when a perxnanent solution is proposed. Planning Director Maryann McCa1l-Taylor responded to questions from members on marijuana cultivation and preparation,viability of agricultural areas for cultivation, and inquiries from potential applicants. • 9:23 p.m. Dawn McKenna,pr.6, called the question. Adopted 9:24 p.m. Article 4 voted Adopted, Declared by more than the necessary two-thirds vot� � 9:25 p.m. Selectman Chair Deborah Mauger moved the June 17, 2013 Specia.l Town Meeting be dissolved. Adopted. A true copy. Attest: �� Donna M. Hooper, Town Clerk � 'W�50 Towrr of Lexington — Speciai State Election —June 25, 2013 (SEE WARRANT FILE for Warrant) � In pursuance of the foregoing warrant, the legal voters of the Town of Lexington met at 7:00 a.m. in their respective voting places in said town, Tuesday, June 25, 2013. The following places were designated as the voting places for the various precincts: Precinct One, Cary Memorial Building; Precinct Two, Bowman School; Precinct Three, Jonas Clarke Middle School; Precinct Four, Bridge School; Precinct Five, Cary Memorial Building; Precinct Six, William Diamond Middle School; Precinct Seven, Joseph Estabrook School; Precinct Eight, Samuel Hadley Public Services BuiPding; Precinct Nine, Maria Hastings SchooL � The election officers and Wardens were assigned for duty as follows: �� Precinct 1: Warden: Richard Pemberton [U]; Clerk: Barry Sampson [U]; Inspectors: Richard � Spillane[U],William Barrett[R], Doris Pemberton[U], Edwina Spillane[U], Jeanette Cerulli (D], --� Eileen McAlduff[U], Marion Barry[D]. Carolyn Crowell [U]. Precinct 2: Warden: Rebecca Fagan Gorospe[u]; Co-Clerks: Richard Eaton [U], Susanne Hays[U]; Inspectors: ArlineBurns[U], Robert Warshawer[U], Katherine O'Sullivan [U], Josephine Petner[D], Margaret Ouellette[D],Verna Thayer[U]. Precinct 3: Warden: Shirley Frawley[D]; Co-Clerks: Elaine Quinlan[U], Faith Fenske[D]; Inspectors: Sandra Natale[U], Edward Natale[U], Maarib Bazzaz[D], Maria Griffin [U], Elizabeth McLaughlin [U],William Frawley[D], Joanne Andrellos[R], Stephen Tauber[D]. Precinct 4: Warden: Linda Dixon[U]; Clerk: Evangeline Puopolo[U]; Inspectors: Gloria Curran[U], Eleanor Smith [U], Beverly Aker[U], Dorqthy Bolduc[U],Ann Mary Dunn [U], Dorothy Tutko[U], Mary Devoe[D], Mary Tashjian [U], Mary Lou Burke[U],Virginia Weinberger[U]. Precinct 5: Warden: Marie Hill [U]; Clerk: Josephine Bailey[U]; Inspectors: Mara Bohn [D], Christine Hill [D], Joel Adler[U], Judy Cooper[DJ, Linda Cohen [U], Mary Tashjian [U], Sean Caples[ ], Lorraine Setterlund [U], Judy Cooper[D]. Precinct 6: Warden: Dorothy Boggia[U]; Clerk: Ann Webster[U]; Inspectors: Richard Bair[D], Joann Gschwendtner[U], Elizabeth Sullivan[D], Charles Winchester[R], E.Ashley Rooney[D], D. Peter Lund [R], L. Susan Conway[U], Edgar Knudson [U], Louis Mula[U], Francine Stieglitz[D], Marie Sullivan [U], Elizabeth Sullivan [D],. Precinct 7: Warden:Alice Pierce[D]; Clerk: Margaret Bradley[D]; Inspectors: Mabel Amar[D], Mary Ayvazian[D], Christine Ammer[D], Isabelle Bennett[R], Mary Burnell [U], Marsha Baker[D], Harry � Forsdick[D], Elizabeth Golovchenko[U],Theresa Leslie[U], Renee Reynolds [D],Adrian Reynolds[D]. Precinct 8: Warden: Chet Webster[U]; Clerk: Julie Sibert[U]; Inspectors: Anne O'Neill [U], Elinor Bettencourt[R],Anthony Montagna[U], Maureen Burns[U],Ann Diamond[U], Carol Flynn [U], Julie Miller[U], Isabelle Bennett[R], Barbara Perrotta[U]. Precinct 9: Warden: Shirley Ament-Bergey[D];.Clerk: Michael Fenollosa[D]; Inspectors: Harry Farrington [U], Marilyn Fenollosa[D], Mary Connor[D], Patricia Costello[U], Constance Cooper[D], Carole Scalise [R], Louis Mula [U], Samuel Zouranjian [U], The election officers were sworn to the faithful pertormance of their duties. The polls were declared open in each precinct at seven o'clock A.M. and remained open until eight o'clock p.m., at which time, after due notice, the polls were declared closed. Election results were delivered to the Town Clerk at the Town Office Building. 37% of the registered voters cast their vote. The Town Clerk tallied the results as follows: . Absentee&Provisional Ballots Pct 1 �'ct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct7 Pct8 Pct9 TOTAL Registered,Specially Qualified&UOCAVA Ballots Processed 71 92 99 130 66 95 110 80 87 830 Voted In-Person&Counted 35 66 44 90 42 62 74 55 63 531 Retumed&Counted 34 23 49 34 20 29 33 22 22 266 Re'ected/Late/Not returned 2 3 6 6 4 4 3 3 2 33 Federal Write-In Received& Counted 0 0 0 0 0 0 0 0 0 0 Total Absentee Ballots 71 92 99 130 66 95 110 80 87 830 UOCAVA Ballots Processed 1 4 0 2 3 5 1 0 2 18 UOCAVA Ballots - ReYd/Counted 1 3 0 2 3 5 0 0 2 16 Provisional Ballots Processed 0 1 1 2 0 1 0 0 0 5 Provisional Ballots Cast 0 1 0 0 0 1 0 0 0 2 ___ __ _ ____ _______. _____ '_.___. ___ � ____ _ _ __. ___ ____ _ _. _ _ _ , ,------- _..____ ---_. ____ .-251 June 25, 2013 Special State Election, cont... Total of 21,691 re istered vote�s eli ible to vote as of June 5, 2013. Precinct 1 2 3 4 5 6 7 8 9 Total TotalRe . 2097 2492 2103 2482 2631 2481 2429 2376 2428 21519 Democrat 837 1030 822 1012 971 939 895 913 858 8277 Re�ublican 183 212 :' 213 223 297 314 225 227 249 2143 Unenrolled 1070 1241 1062 1240 1358 1225 1299 1228 1315 11038 AllOthers 7 9 6 7 5 3 10 8 6 61 June 25, 2013 S ecial State Election r— PRECINCT SUMMARY IPCT PCT PCT PCT PCT PCT PCT PCT PCT 9 TOTAL �___ 1 2 3 4 5 6 7 8 Total Re istered Voters 2097 2492 2103 2482 2631 2481 2429 2376 2428 21,519 Total Votes 820 1179 885 1123 1Q58 1102 1046 1015 1008 9,236 Total Votes/Registered Voters .39 .47 .42 .45 .40 .44 .43 .43 .42 .43 Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL SENATOR IN CONGRESS BLANKS 0 0 1 - 0 0 3 0 1 0 5 GABRIEL E. GOMEZ 202 220 187 278 284 321 261 265 291 2,309 EDWARD J.MARKEY 615 951 69� � 843 772 775 781 747 710 6,887 RICHARD A. HEOS 1 3 3 2 1 2 2 1 2 17 ALLOTHERS 2 5 1 0 1 1 2 1 5 18 � A true copy. ,g'��i},� Attest: b"� Donna M. Hooper, T n Cierk � � ` _. .--.. I � � �`� Town of.Lexington —Special State Primary - October 15, 2013 � (SEE WARRANT FILE for Warrant) ln pursuance of the foregoing warrant, the legal voters of the Town of Lexington met at 7:00 a.m. in their respective voting places in said town, Tuesday, October 15, 2013. The following places were designated as the voting places for the various precincts: Precinct One, Cary Memorial Building; Precinct Two, Bowman School; Precinct Three, Jonas Clarke ' Middle School; Precinct Four, Bridge School; Precinct Five, Cary Memorial Building; Precinct Six, William Diamond Middle School; Precinct Seven, Joseph Estabrook School; Precinct Eight, Samuel Hadley Public Services Building; Precinct Nine, Maria Hastings School. . The election officers and Wardens were assigned for duty as follows: , Precinct 1': Warden: Richard Pemberton [U]; Clerk: Barry Sampson [U]; Inspectors: Richard � Spillane [U], Wlliam Barrett[R], Doris Pemberton [U], Edwina Spillane [U], Jeanette Cerulli [DJ; � Eileen McAlduff[U], Carol Sampson [U], Marion Barry [D]. � Precinct 2: Warden; Rebecca Fagan Gorospe[U]; Clerk: Susanne Hays[U]; Inspectors: Arline Burns [U], Robert Hartshorn [D], Marita Hartshorn [D], S. Bijan Afshartous [DJ, Josephine Petner[D], Margaret Ouellette [D], Claire Martin [U], Mary Ellen Turner[D], Dorothy Tutko[U], Robert Warshawer[U]. Precinct 3: Warden: Renee Reynolds[D]; Clerk: Elaine Quinlan [U]; Inspectors: Sandra Natale[U], Edward Natale [U], Ann Canter[D], Laura Welby[U], Maarib Bazzaz[D], Adriana Forte [U]; Samuel Zouranjian [U], Jyoti Rao [D], Ann Diamond [U], Adrian Reynolds [D], Precinct 4: Warden: Linda Dixon [U]; Clerk: Evangeline Puopolo [U]; Inspectors: Gloria Curran [U], Eleanor Smith [U], Beverly Aker[U], Mary Tashjian [U], Robert Boucher[U], Ann Mary Dunn [U]. Precinct 5: Warden: Marie Hill [U]; Clerk: Josephine Bailey[U]; Inspectors: Christine Hill [D], Joel Adler[U], Judy Cooper[D], Lorraine Setterlund [U], Linda Cohen [U], Marie Sullivan [U], Gloria Holland [U], Gerald McGrath [U], Arlene McGrath [U]. Precinct 6: Warden: Ann Webster[U]; .Clerk: Amy Rubin [U]; Inspectors: Richard Bair[D], Joann Gschwendtner[U], Charles Winchester[R], E. Ashley Rooney [D], D. Peter Lund [R], Marie Sullivan [U], Elizabeth Sullivan [D], Robyn Allen [D], Patricia Costello[U], Margaret Freeman [U], Charles Freeman [R], Jane Halverson [U], Charles Price [U], Diane Sperandio[R]. Precinct 7: Warden: Alice Pierce [D]; Clerk: Margaret Bradley[D]; Inspectors: Mabel Amar[D], r-,� Christine Ammer-[D], Isabelle Bennett[R], Mary Burnell [U], Charlotte Ford [D], Barbara Mix[R], � James Wood [D], Martha Wood [D], Elizabeth Golovchenko [U], Carol Snell (D]. I � Precinct 8: Warden: Chet Webster[U]; Clerk: Julie Sibert[U], ; Inspectors: Elinor Bettencourt[R], Anthony Montagr�a[U], Maureen Burns[U], Carol Flynn [U], Barbara Perrotta [U], Diane Biglow[U], ,� Lorain Marquis [U], Julie Miller[U]. Precinct 9: Warden: Richard Eaton [U]; Clerk: Michael Fenollosa [D]; Inspectors: Harry Farrington [U], Judith Schuler[U), Marilyn Fenollosa [D], Mary Connor[D], Constance Cooper[D], Francine Edwards [U], Edgar Knudson [U], Pamela Marshall [D], Judith Mello[U], Louis Mula[U], Carole Scalise [R]. The election officers were sworn to the faithful performance of their duties. The polls were declared open in each precinct at seven o'clock A.M. and remained open until eight o'clock p.m., at which time, after due notice, the polls were declared closed. Election results w�ere delivered to the Town Clerk at the Town Office Building. 21% of the registered voters cast their vote. The Town Clerk tallied the results as follows'. ABSENTEE BALLOT BREAKDOWN Applications Processed Total Ballots Ballots Not Returned/ Returned/ Late/Undeliverable/ � Pct In Person Mail Counted Rejected 1 12 19 26 5 2 8 22 22 8 ��, 3 3 53 42 14 �I 4 23 20 38 5 J 5 13 15 21 7 6 18 19 29 8 7 12 15 16 11 8 12 15 22 5 9 8 30 24 14 Totals 109 208 240 77 ------------__------- -------- --- _ �__-------------------- ----- __. _ __ _ ___ ._ __...__ _ _- _ ____ .253 Total of 21,639 re istered voters eli ible to vote as of Se tember 15, 2013." , Precinct 1 2 3 4 5 6 7 8 9 Total TotalRe . 2112 2498 2104 2502 2654 2499 2450 2396 2424 21639 Democrat 845 . 1032 809 1019 978 944 906 914 857 8304 Re ublican 181 212 213 224 293 308 225 226 248 2103 Unenrolled 1079 1245 1075 1252 1378 1244 1309 1249 1313 11144 All Others 7 9 7 7 5 3 10 -7 6 61 October 15, 2013 SPECIAL STATE PRIMARY PRECINCT SUMMARY � (""^ PCT 1 PCT 2 PCT 3 PCT 4 PCT 5 PCT 6 PCT 7 PCT 8 PCT 9 TO�TA � Total Registered Voters 2112 2498 2104 2502 2654 2499 2450 2396 2424 8304 Total Votes 421 606 492 585 502 513 467 474 505 4565 Total Votes/Registered Voters 20% 24% 23% 23% 19% 21% 19% 20% 21%0 21% DEMOCRATIC PARTY Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL Total Precinct Votes 393 576 454 540 454 448 428 433 434 4160 Percent Uotes�Total Voters 19% 23% 22% 22% 17% 18% 17% 18% 18% 19% Total Registered DEMOCRAT : 845 1032 809 1019 978 944 906 914 857 ' 8304 . Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL REPRESENTATIVE IN CONGRESS—Fifth District � BLANKS 2 2 0 0 0 0 0 2 1 7 William N. Brownsber er 51 104 95 112 95 89 86 84 93 806 Katherine M. Clark 132 199 184 208 165 187 158 159 123 1515 � Peter J. Koutou'ian 79 117 78 71 66 56 58 62 83 670 �_ .. Martin Lon 4 4 4 1 7 2 2 8 2 34 Paul John Maisano 5 11 1 2 4 5 1 4 5 38 Carl M. Sciortino, Jr. 78 105 56 90 83 74 88 98 77 749 Karen E. S ilka 42 34 36 56 34 35 35 19 50 341 . ALL OTHERS � 0 0 0 0 0 0 0 0 0 0 REPUBLICAN PARTY Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL Total Precinct Votes 28 30 38 45 48 65 39 41 71 405 Percent Votes/Total Voters 1% 1% 2% 2% 2% 3% 2% 2% 3% 2% Total Registered REPUBLICAN 181 212 213 224 293 308 225 226 248 2130 Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL REPRESENTATIVE IN CONGRESS -Fifth District BLANKS 1 1 0 2 0 1 0 1 1 7 Frank John Addivinola, Jr. 13 12 18 14 ' 21 22 21 24 40 1.85 Michael P. Sto a 6 8 9 14 11 28 9 8 14 107 Tom Tieme 8 5 11 15 16 14 9 8 15 101 _ ALL OTHERS 0 4 0 0 0 0 0 0 1 5 A true copy. Attest: ��L.f� � Donna M. Hooper, Town Cle ::,`��- November 4,2013 Special Town Meeting ' The November 4, 3013 Special Town Meeting was called to order by Moderator Deborah Brown at 7:30 p.m., Margery M. Battin Hall, Cary Memorial Building. A quorum of 163 members �resent. Town Clerk Donna M. Hooper read the warrant until waived. The Town Clerk read the Constable's Return. - Moderator Brown reviewed the meeting's procedures and announced 3 newly elected town meeting members—Mark Vitunic,Kenneth Shine&Kenneth Kreutziger,representing precincts 9,2 and 3 respectively. ,_,� ARTICLE 1: REPORTS OF COMMITTEES J 7:38 p.m. Selectman Deborah Mauger moved the report of the Town Manager be received & placed on file. Adopted Unanimously. 7:38 p.m. Town Manager Caxl Valente reported. Mr. Valente reviewed financial needs and funding mechanisms; and fmancing plan for articles to be voted at this meeting. Glenn Parker moved the report of the Appropriation Committee be received&placed on file. Adopted Unanimously. ' Jill Hai moved the repbrt of the Capital Expenditures Committee be received and placed on file. Unanimously Adopted. 7:50 Presented by Selectman Hank Manz. ARTICLE 2: AMEND FY 2014 OPERATING,ENTERPRISE FUND AND COMMUNITY PRESERVATION SUDGETS MOTION: a) That the.appropriations for FY2014 authorized under Article 4 of the 2013 Annual Town Meeting be amended as follows and that said amounts be raised in � the tax levy: Line Item Descri tion From To 1100 � Lexington Public Schools $81,313,963 $81,400,507 � _ 8400 Financial Personal Services $ 1,263,064 $ 1,223,064 „_,,,, 8400 Finance E enses $ 438,945 $ 478,945 8500 Town Clerk Personal Services $ 310,955 $ 340,255 8500 Town Clerk Ex enses $ 128,775 $ 153,975 b) That the appropriations for FY2014 authorized under Article 5(a) of the 2013 Annual Town Meeting for the current fiscal year's water enterprise fund be amended as follows: - Descri tion From To MWRA Assessment $5,565,492 $5,555,065 and that the$300,000 of water fund retained earnings appropriated at the 2013 Annual Town Meeting to support the FY2014 water enterprise fund budget be supplemented with an additional appropriation of$200,000 of water fund retained earnings. c) That the appropriations for FY2014 authorized under Article 5(b) of the 2013 Annual Town Meeting for the current fiscal year's.wastewater enterprise fund be amended as follows: Descri tion From To MWRA Assessment $7,039,266 $7,014,300 . • d) That, in accordance with the recommendation of the Community Preservation � Committee,the Town amend the amounts reserved for appropriation, as approved under Article 8 of the 2013 Annual Town Meeting, from revised estimated recei ts, as follows: Descri tion. From To . For the.acquisition,creation and preservation of open $ 466,996 $ 549,423 s ace excludin land for recreational use For the acquisition,creation,preservation, $ 466,996 $ 549,423 rehabilitation and restoration of historic resources For the creation,preservation and support of $ 466,996 $ 549,423 community housing Unbudgeted Reserve $3,268,970 $3;845,961 Selectman Manz presented, and reported unanimous support of the Selectmen _____- -__ __---_._---- . ______ _ __ ___ ___ _ ____ . _ -__ - ----- __— - --- T---------- _ � 2:55 � Nov.ember 4, 2013 Special Town Meeting, cont.... Glenn Parker—Reported unanimous support of the Appropriation Committee. David Kanter—Reported unanimous support of the Capital Expenditures Committee for part D. Alessandro Alessandrini—Reported unanimous support of the School Committee for part A Marilyn Fenollosa, Chair, Community Preservation Committee, reported unanimous support of the Committee for part D. 7:51 p.m. -Article 2 declared Unanimously Adopted. _ 7:52 pm Selectman Deborah Mauger moved the meeting take up articles 5 and 4— � �' Unanimously Adopted. 7:53 p.m. Presented by Marilyn Fenollosa. ARTICLE 5: APPROPRIATE FOR RENOVATIONS TO BUILDINGS TO BE � � ACQUIRED AT 39 MARRETT ROAD MOTION: That$3,169,000 be appropriated for design, engineering and remodeling, reconstructing and making extxaordinary repairs to buildings at 39 Marrett Road to be acquired by the town and that to meet this appropriation $602,756 be appropriated from the Historic Resources Reserve of the Community Preservation Fund,$1,984,118 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund, $259,310 be appropriated from Undesignated Fund Balance of the Community Preservation Fund, and$322,816 be appropriated from the General Fund Unreserved Fund Balance. Michelle Ciccolo, Chair, ad hoc Community Center Advisory Committee reported. Deborah Mauger reported unanimous support of the Board of Selectmen. Beth Masterman reported unanirnous support of the Capital Expenditures Committee, Glenn Parker reported unanimous support of the Appropriafion Committee. Jessie Steigerwald reported unanimous support of the School Committee. � 8:10 p:m. Patrick Goddard,Director of Public Facilities,responded to member questions on , project estimates and contingencies. Members spoke in support, questioned usable square footage, impact of funding allocation, and future use of the space currently occupied by the Senior Center located in the Muzzey building, � and other departments at the Town Office Building. Selectman Deborah Mauger explained use possibilities,referenced deed restrictions for the Muzzey space, and ongoing reassessment of space needs in the Town Office Building. . 5 ��- ` 8:17 p.m.—Article�Declared Unanimously Adopted. 8:18 p.m. - Presented by Maryann Stewart, School Committee. ARTICLE 4: APPROPRIATE FOR MODULAR CLASSROOMS AT THE HIGH SCHOOL MOTION: That$7,700,000 be appropriated for the purchase and installation of modular classrooms at the High School 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$7,700,000 under M.G.L. Chapter 44, Section 7(9), or any other enabling authority. : Ms. Stewart moved report of School Committee be received and placed on file—Motion Unanimously Adopted. Ms: Stewart presented an oral report. � 8:20—Superintendent Schools Dr. Paul Ash and Director of Public Facilities Patrick Go � L , ddard reviewed requested action,funding, and proposed plans for providing additional space at Lexington High SchooL 8:30 p.m. Peter Kelley reported unaLlimous support of the Board of Selectmen 8:31 p.m: Town Manager Carl Valente reviewed fmancing plan for the High School modular classrooms. � 8:37 p.m. William Hurley report unanimous support of Capital Expenditures Committee 8:37 p.m, Glenn Paxker reported unanimous support of Appropriation Committee. ��56 � November 4, 2013 Special Town Meeting, cont.... ' In response to questions from the members, Superintendent Ash reviewed communications with the Department of�ducation,Massachusetts School Building Assistance, and criteria for project funding;for school renovations, explaining the project not to be eligible for MSBA reimbursement. 8:41 p.m. Town Manager Carl Valente responded to questions on funding plans,years for � borrowing, and debt service ability to finance other projects. ; 8:43 p.m. Patricl�Goddard, Director of Public Facilities,responded tc� questions regarding modular classroom costs compared to alternatives, and reviewed benefits of the proposed � approach. � 8:47 p.m. Lexington High School Principal Laura Lasa responded to proposed plans, benefits and losses at the High School, and communications with the High School community. 8:50 p.m. Town Manager Carl Valente responded to questions on accrued interest for debt service. , � 8:52 p.m. Superintendent Ash responded to questions on enrollment projections and private school enrollments. Superintendent Ash commented on challenges and impact on enrollment projections with the students moving into Lexington faster than moving out. Director of Student Services, Ms. Linda Chase,reviewed communications with parents regarding proposed plans. 8:59 p.m. Town Manager Carl Valente responded to questions on proposed financing plan and use of off-set funds for excluded debt service. Patrick Mehr,pr3, questioned financing plan. Mr. Valente responded on use of off-set funds for excluded debt service. � 9:01 p.m. David Kanter, Capital Expenditures Comxnittee,referenced the table in the Committee's report for proje�t funding sources. 9:03 p.m. Patrick Mehr,pr.3,presented the following Article 4 amendment: AMENDMENT: `And that the superintendent of schools study the impact on school enrollments of changes in Lexington's housing stock, in particular single family houses being demolished and replaced by new, generally larger, single family houses ("tea�- downs), and present the results of the study to the School Committee, Board of Selectmen, Appropriation Committee and Town Meeting at o�before its annual 201 S session. » 9:07 p.m. Margaret.Coppe reported unanimous opposition of the amendment by School Committee. 9:08 p.m. Peter Kelley reported unanimous opposition of the amendment by Selectmen. 9:08 p.m. William Hurley reported unaniinous opposition of the amendment by Capital Expenditures Committee. 9:09 pm. Glenn Parker reported opposition of amendment by Appropriation Committee, on vote of 8-1. Alan Levine reported his opposition. Town Counsel Keviri Batt advised he equated the motion to be a non-binding resolution and reviewed what town meeting can direct superintendent to do. 9:15 p.m. Scott Burson,pr.4, questioned if motion is within scope of motion. Moderatar ��' Deborah Brown ruled the amendment to be within scope. Mr. Burson stated opposition. 9:16 p.m. Members Charles Lamb, Andrew Friedlich, David Kanter, Dawn McKenna and Jeffrey Crampton spoke in opposition to the amendment. 9:23 p.m. Ephraim Weiss,px.5, questioned SC if intend to cliange forecasting. , Maryann Stewart, School Committee,responded to questions to the School Committee on forecasting enrollments and validity of histarical data with little deviation for projections vs. actual enrollment 9:25 p.m. Following close of debate,Patrick Mehr commented on the amendment. 9:26 p.m. Amendment to Article 4 Declared Not Adopted. -- ---- --- _ -----______ _____ - -__ ------ _ _ ____ -__ - --- __ --, - _ ------ -----_------ _ _ 1 � �� November 4; 2013 Special Town Meeting, cont:... � 9:26 p.m. Marc Saint Louis,pct. 5, questioned special needs students per student cost for special needs classrooms at elementary school level vs. modular temporary fix at LHS at this time: Dr. Paul ash responded to questions on cost per student for special needs vs. average per pupil cost, compared to cost at Le�ngton High School for new classrooms,noting a wide range of costs depending on the intensity of needs of the child. � Dr. Ash continued,responding to questions on Estabrook School costs vs. costs of space at � _, Lexington High School, noting the difference iri prograrns at each facility. Dr. Ash responded to questions on private schools opera"ting in Le�ngton, and Lexington's public school academic performance. 9:33 p.m. Director of Student Services Ms. Linda Chase, explained program planning to . address vocational needs of students through 21 years of age, and�possible collaborations and resources with Minuteman Vocational High School and the LAAB collaborative. 9:36 p.m. Director of Public Facilities,Patrick Goddard,responded to questions on project cost increases from original estimate, reviewing growth needs. . 9:39 p.m. Members spoke in support of Article 4, questioned projected increased enrollments and how the Town can resolve current needs at Lexington High School Dr. Ash responded, addressing report of the Design Partnership consultants, need for additional special education space at Lexington High School, and increasing enrollments from elementary schools. 9:48 p.m. Tom Griffiths,pr.7, called question. Motion Adopted. 9:49 p.m. Motion under Article 4 Declared Adopted'by more than the necessary two-thirds. 9:49 p.m. Presented by Selectman Joseph Pato. . ARTICLE 3: ESTAELISH AND APPROPRIATE-TO AND FROM SPECIFIED STABILIZATION FUNDS . MOTION: � a) Thaf$1;799,240 be appropriated to the Capital ProjectlDebt Service � Reserve/Building Renewal Stabilization Fund, and to meet this appropriation $1,799,240 be raised in the tax levy. b) That$11,632 be appropriated to the Transportation Demand Management/Public Transportation Stabilization Fund, and to meet this appropriation$11,632 be transferred from the TDIVI special revenue account. c) That$28,500 be appropriated to the Traffic Mitigation Stabilization Fund, and to meet this appropriation$28,500 be transferred from the TDM special revenue _ account. Joseph Pato reported unaniinous support of the Selechnen. Jill Hai reported unanimous support of the Capital Expenditures Committee for parts a& c. Glenn Parker reported unanimous support of the Appropriation Committee. Jessie Steigerwald reported unanimous support of the School Committee for part 3a. 9:51 p.m. Town Manager Carl Valente responded to question on new growth projections. Selectman Deborah Mauger further commented on the di�culties in projecting new growth. 9;54 p.m. Article 3 Declared Unanimously Adopted. 9:55 p.m. Selectman Deborah Mauger moved the November�4,2013 Special Town Meeting be dissolved. Adopted Unariimously. A true copy. � Attest: � �G�--� p s' !!,n , (7�lVN Donna M. Hooper, Town Clerk ��5'� Town of Lexington —Special State Election — December 10, 2013 (SEE WARRANT FILE for Warrant) � In pursuance of the foregoing warrant, the legal voters of the Town of Lexington met at 7:00 a.m. in their respective voting places in said town, Tuesday, December 10, 2013, The following places were designafed as#he voting places for the various precincts: Precinct One, Cary Memorial Building; Precinct Two, Bowman School; Precinct Three, Jonas Clarke Middle School; Precinct Four, Bridge School; Precinct Five, Cary Memorial Building; Precinct Six, William Diamond Middle School; Precinct Seven, Joseph Estabrook School; Precinct Eight, Samuel Hadley Public Services Building; Precinct Nine., Maria Hastings School: The election officers and Wardens were assigned for duty as follows: Precinct 1: Warden: Richard Pemberton [U]; Clerks: Barry Sampson [U], Amy Rubin [D]; Inspectors: � Richard Spillane [U], William Barrett[R], Doris Pembe�ton [U], Edwina Spillane [U], Jeanette Cerulli [D], Eileen McAlduff[U]. . Precinct 2: Warden: Rebecca Fagan Gotospe [U]; Clerk: Susanne Hays, [U], Richard Eaton jU]; Inspectors: Arline Bums [U], Robert Hartshorn [D], Marita Hartshom [D], Mary Ellen Tumer[D], Julie � Miller[U], Josephine Petner[D]. Precinct 3: Warden: Renee Reynolds [D]; Clerk: Elaine Quinlan [U]; Inspectors: Ann Canter[D], Adrian Reynolds [D], Edith Barbieri [U], Samuel Berman [D], Yang Gao [U], Edgar Knudson [U], Lorain Marquis [U], Robert Warshawer[U]. Precinct 4: Warden: Linda Dixon [U]; Clerk: Evangeline Puopolo[U]; Inspectors Gloria Curran [U], Eleanor Smith [U], B.everly Aker[U], Robert Boucher[U], Ann Mary Dunn [U], Raya Gildor[U], Francine Edwards [U], Judith Mello [U], Stephen Tauber[D]. Precinct 5: Warden: Marie Hill [UJ; Clerk: Josephine Bailey[U]; Inspectors: Christine Hill [D], Joel Adler[U], Linda Cohen [U], Marie Sullivan [U], Gloria Holland [U], Gerald McGrath [U], Arlene McGrath [U], Donna Keane [U]. Precinct 6: Warden: Dorothy Boggia [U]; Clerk: Ann Webster[U]; Inspectors: Richard Bair[D], Joann Gschwendtner[U], E. Ashley Rooney[D], D. Peter Lund [R], Margaret Freeman [U], Gharles Freeman [R], L. Susan Conway [U], Patricia Costello [U], Susan Folger[U], Charles Winchester[R], : Diane Sperandio [R]. Precinct 7: Warden: Alice Pierce [D]; Clerks: Margaret Bradley [D], James Wood [D]; Inspectors Mabel Amar[D],-Charlotte Ford [D], Barbara Mix [R], Martha Wood [D], Mary Burnell [U], Elizabeth Golovchenko [U]. Precinct 8: Warden: Chet Webster[U]; Cl.erk: Julie Sibert[U], ; Inspectors: Elinor Bettencourt[R], Anthony Montagna [U], Maureen Burns [U], Carol Flynn [U], Barbara Perrotta [U], Margaret Counts- Klebe [D], Ann Diamond [U], Anne O'Neill [U]. Precinct 9: Warden: Michael Fenollosa [D]; Clerk: Clark Schuler[U]; Inspectors: Harry Farrington [U], Judith Schuler[U], Marilyn Fenollosa[D], Pamela Marshall [D], Dorothy Bolduc[U], Sheilah Dreyer [U], Mary Tashjian [U]. The election officers were sworn to the faithful performance of their duties. The polls were declared open in each precinct at seven o'clock A.M. and remained open until eight o'clock p.m., at which time, after due notice, the polls were declared closed. Election results were delivered to the Town Clerk at the Town Office Building. 17% of the registered voters cast their vote. The Town Clerk tallied the results as follows: ABSENTEE BALLOT BREAKDOWN Applications Processed • Total Ballots Ballots Not Returned/ Returned/ Late/Undeliverable/ Pct In Person Mail Counted Rejected 1 5 15 16 4, ' 2 5 37 � 32 10 3 8 47 46 9 4 11 19 24 6 � 5 6 17 17 6 � 6 ' 8 19 19 8 '-""' 7 7 17 15 9 8 4 14 14 4 9 10 27 23 14 Totals 64 - 212 206 70 Total ofi21,674 re istered voters eli ible to vote as of November 20, 2013. Precinct 1 2 3 4 5 6 7 8 9 Total TotalRe . 2109 2504 2118 2511 2650 2509 2447 2399 2427 21674 Democrat 838 1032 818 1018 975 949 899 914 . 858 8301 Re ubl.ican 183 212 208 228 291 302 231 223 250 2128 Unenrolled 1080 1252 1085 1258 1379 1255 1306 1255 1313 11183 AllOthers 8 8 7 7 5 3 11 7 6 62 --- — ------ _ _ __- -__ _ ------ ------ �---- --- _ __ _ _ ____ _ _- --- -__----- ___ -- --_- — � 2�9 December 10, 2013 Special State Election, cont.... • PCT PCT PCT PCT PCT PCT PCT PCT PCT TOTAL 1 2 3 4 ' _ 5 6 7 8 9 Total Re istered VoterS 2109 2504 2118 2511 2650 2509 2447 2399 2427 21674 �'otal Votes 290' 465 436 454 409 486 434 409 � 377 376Q Total Votes/Re istered Voters 14% 19% 21% 18% 15% 19% 18% 17% 16% 17% REPRESENTATIVE IN CONGRESS-Fifth District �„ BLANKS - 1 0 0 1 0 0 0 2 0 4 � FRANK JOHN ADDIVINOLA, JR. 51 76 68 80 84 107 91 88 99 744 KATHERINE M. CLARK 231 383 363 364 . 319 370 340 308 274 2952 JAMES V. AULENTI 5 5 3 3 6 5 2 5 2 36 JAMES O. HALL 2 1. 1 5 0 4 0 6 0 19 AllOthers 0 0 1 1 0 0 1 0 2 5 ';; A true copy. ` �t Attest: �� Donna M. Hooper, T wn Clerk MARCH 3, 2014 ANNUAL TOWN ELECTION With precincts l, 2, and 8 having 1 fewer candidates for Town Meeting than positions to be elected, 1-year.; terms for precincts 1 & 2 and 3-year term for -: _ precinct 8, on the.March 3, 2014 Annual Town Election ballot, write-in votes were cast and acceptances by those with the Highest number of write-in votes for the positions to be filled were filed with the Town Clerk as follows: Precinct 1 - Bella Tsvetkova, 42 Lowell St. , as a write-in candidate for Precinct 1 Town Meeting, filed her acceptance with the Town Clerk on March 13, 2014, for a one-year term ending March 2015. Precinct 2 - Margaret Ouellette, 23 Tucker Ave, as a write-in candidate for Precinct 2 Town Meeting, filed her acceptance with the.Town Clerk on , March 10, 2014, for a one-year term ending March 2015. Precinct 8 - Elizabeth R. Barrentine, 100 Bedford St. , as a write-in candidate for Precinct 8 Town Meeting, filed her acceptance with the Town Clerk on March 17, 2014, for a three-year. term ending March 2017. Precinct�4 Town Meeting Member Charles Lamb, 55 Baskin Rd. , with a term expiring March 2016, resigned from Town Meeting effective March 14, 2014. Kathleen M. Lenihan, 6O Bloomfield St. , received the highest number of votes. as a defeated candidate for Town Meeting from Precinct 4 at the March 3, 2014 Annual Town Election. Mr. Lamb's unexpired term (exp. March 2016) will appear on the ballot for the March 2015 Annual Town Election. Ms. Lenihan's acceptance of the position to fill the vacancy until March 2015 was' filed with the Town Clerk March 24, 2014. � � _ '�6� Town of Lexington —Annual Town Election — March 3, 2014 (SEE WARRANT FILE for Warrant) In pursuance of the foregoing warrant, the legal voters of the Town of Lexington met at 7:00 a.m. in their respective voting places in said town, Monday, March 3, 2014. The following places were designated as the voting places for the various precincts: Precinct One, Cary Memorial Building; Precinct Two, Bowman School; Precinct Three, Jonas Clarke Middle School; Precinct Four, Bridge School; Precinct Five, Cary Memorial Building; Precinct Six, William Diamond Middle School; Precinct Seven, Joseph Estabrook School; Precinct Eight, Samuel Hadley Public Services Building; Precinct Nine, Maria Hastings School. The election officers and Wardens were assigned for duty as follows: Precinct 1: Warden: Richard Pemberton [U]; Clerks: Josephine Bailey[U) ; Inspectors: William Barrett[R], Marion Barry[D] Doris Pemberton [U], Edwina Spillane [U], Richard Spillane [U], Stephen Tauber[D], Dana Regillo[U], Jeanette Cerulli [D], Precinct 2: Warden: Rebecca Fagan Gorospe[U]; Clerks: Susanne Hays [U], Richard Eaton [U]; Inspectors: Arline Burns [U], Marita Hartshorn [D], MaryEllen Turner[D], Josephine Petner[D], Katherine O'Sullivan [U], Robert Warshawer[U]. Precinct 3: Warden: Shirley Frawley[D]; Clerk: Amy Rubin[U]; Inspectors: Ann Canter[U], Maria Griffin [U], Francine Edwards[U], Elizabeth McLaughlin [U], Samuel Berman [D], Laura Welby[U]. Faith Fenske[U], Maarib Bazzaz [D],William Frawley[D]. Precinct 4: Warden: Linda Dixon [U]; Clerks: Evangeline Puopolo[U], Elaine Quinlan [U]; Inspectors: Gloria Curran [U], Eleanor Smith [U], Beverly Aker[U], Margaret Ouellette [D], Dorothy Bolduc[U], Carol Snell [D], Robert Hartshorn [D]. Precinct 5: Warden: Marie Hill [U]; Clerks: Barry Sampson [U], Donna Keane[U]; Inspectors: Joanne Andrellos[R], Christine Hill [D],Arlene McGrath [U], Gerald McGrath [U], Joel Adler[U], Carol Sampson [U], Lorraine Setterlund [U]. Precinct 6: Warden: Ann Webster[U]; Clerk: Renee Reynolds [D]; Inspectors: Charles Price[U], Joann Gschwendtner[U], Richard Bair[D], Elizabeth Sullivan [D], E.Ashley Rooney [D], D. Peter Lund [R], Charlotte Ford [D], Jane Halverson [U], Diane Sperandio[R], Margaret Freeman [U],Adrian Reynolds [D]. Precinct 7: Warden:Alice Pierce[D]; Clerks: Margaret Bradley[D], James Wood [D]; Inspectors: Mabel Amar[D], Martha Wood [D], Barbara Mix[R], Diane Biglow[U], Mary Burnell [U], Gao Yang [U], Lorain Marquis [U], Jean Shanahan[U],Virginia Weinberger[U], Ephraim Weiss [D]. Precinct 8: Warden: Chet Webster[U]; Clerks: Julie Sibert[U], Margaret Counts-Klebe[D]; Inspectors: Anne O'Neill [U]; Elinor Bettencourt[R],Anthony Montagna [U], Julie Miller[U], Maureen Burns [U], Barbara Perrotta[U],Ann Diamond [U]. Precinct 9: Warden: Shirley Ament-Bergey[D]; Clerk: Michael Fenollosa[D]; Inspectors: Harry Farrington [U], Robert Boucher[U], Constance Cooper[D], Edgar Knudson [U], Louis Mula[U], Judith Mello[U], Clark Schuler[U], Judith Schuler[U], Marilyn Fenollosa[D], Francine Stieglitz[D]. The election officers were sworn to the faithful performance of their duties. The polls were declared open in each precinct at seven o'clock A.M. and remained open until eight o'clock p.m., at which time, after due notice, the polls were declared closed. Election results were delivered to the Town Clerk at the Town Office Building. 20% of the registered voters cast their vote. The Town Clerk tallied the results as follows: ABSENTEE BALLOT BREAKDOWN Applications Processed Total Ballots Ballots Not Returned/ Returned/ Late/Undeliverable/Rejected Pct In Person Mail Counted 1 5 11 16 0 2 8 8 16 5 3 7 15 22 3 4 28 18 46 3 5 17 15 32' 5 ' 6 18 18 36 1 7 7 7 14 4 8 8 7 15 3 9 11 8 19 2 Totals 109 107 216 26 Total of 21,562 re istered voters eli ible to vote as of Februar 11, 2014. Precinct 1 2 3 4 5 6 7 8 9 Total TotalRe . 2075 2508 2104 2499 2646 2492 2431 2392 2415 21562 Democrat 832 1027 819 1014 980 946 897 903 855 8273 Re ublican 178 212 202 228 283 292 234 224 250 2103 Unenrolled 1057 1261 1077 1250 1377 1251 1289 1259 1304 11125 AllOthers 8 8 6 7 6 3 11 6 6 61 ---- __ -- -__- - __.___ __ _- --- -_ _ -- _ _ __ _ _ __ -- ------ --_- —-- -- Annual Town Election—Monday,March 3,2014, cont... G V� TOWNWIDE OFFICES PCT 1 PCT 2 PCT 3 PCT 4 PCT 5 PCT 6 PCT 7 PCT 8 PCT 9 TOTAL TOTAL VOTERS 2075 2508 2104 2499 2646 2492 2431 2392 2415 21562 TotalVotes 312 455 367 606 497 598 456 487 481 4259 Percent 15% 18% 17% 24% 19% 24% 19% 20% 20% 20% PCT 1 PCT 2 PCT 3 PCT 4 PCT 5 PCT 6 PCT 7 PCT 8 PCT 9 TOTAL SELECTMAN Vote for TWO,for THREE Years Blanks 109 163 120 196 192 194 146 167 211 1498 NORMAN P. COHEN 155 255 235 381 283 390 298 283 232 2512 _� SAATVIK AHLUWALIA 135 161 126 172 216 194 147 170 164 1485 MICHELLE CICCOLO 224 330 251 462 302 413 321 354 355 3012 � AllOthers 1 1 2 1 1 5 0 0 0 11 MODERATOR Vote for ONE;for ONE Year Blanks 92 141 131 199 163 176 130 164 169 1365 DEBORAH J. BROWN 220 314 235 407 334 419 325 323 312 2889 AllOthers 0 0 1 0 0 3 1 0 0 5 SCHOOL COMMITTEE ote for ONE;for THREE Years Blanks 16 30 21 57 29 38 23 27 48 289 BONNIE E. BRODNER 96 203 199 235 150 211 176 139 144 1553 JUDITH A. CROCKER 199 222 147 314 318 348 256 318 289 2411 AllOthers 1 0 0 0 0 1 1 3 0 6 PLANNING BOARD(Vote for TWO;for THREE Years Blanks 319 431 359 646 504 542 443 437 497 4178 CHARLES HORNIG 153 251 198 302 260 335 245 288 245 2277 TIMOTHY Y. DUNN 150 228 177 261 230 316 223 249 219 2053 — AllOthers 2 0 0 3 0 3 1 0 1 10 LEXINGTON HOUSING AUTHORITY VOTE FOR ONE;for FIVE Years Blanks 129 174 161 265 219 222 165 184 195 1714 MELINDA WALKER 181 280 206 340 278 375 290 303 285 2538 All Others 2 1 0 1 0 1 1 0 1 7 TOWN: MEETING MEMBERS PRECINCT 1 — Seven for Three Years; One for One Year Total Total *NANCY M.ADLER 174 Lucy Wall 2 *ALBERT P.ZABIN 165 Margaret Muckenhoupt 2 *JOHN C. BARTENSTEIN 158 Samuel Zales 1 *CAROL J. SAMPSON 158 Markus Pinney • 1 *JOHN F.ROSSI 142 Travis McCready 1 `COLIN R.HAMILTON 134 Eric Arnold 1 *DIRK ARMSTRONG 131 Deborah Weiner Soule 1 **Bella Tsvetkova 5 All Others 1 elecfed for"3 years;** 1 year Blanks 1419 PRECINCT 2 — Seven for Three Years; One for One Year Total Total � *BARRY ORENSTEIN 293 **Margaret Ouellette 12 *JONATHAN E. SUBER 284 And�ew McAleer 3 *SUSAN LEIGH LONDON 271 Robert Pressman 3 *PAUL H. LAPOINTE 269 Doris Kelly 2 *KENNETH J. SHINE 250 Mary Kriener 2 '`S. BIJAN AFSHARTOUS 239 Christina Welch 2 *MICHAEL MCGUIRK 230 All Others 22 elecfed for. "3 years;*"1 year Blanks 1758 ..:�'.':p',i.,�.•� . �� Annual Town Election-Monday,March 3,2014, cont... PRECINCT 3 — Seven for Three Years; One for Two Years Total Total *DAN H.FENN,JR 248 '`JUDITH L. PAPPO 183 *BONNIE E. BRODNER 243 "HENRY S.LAU 180 *STEVEN P. HEINRICH 208 #PATRICK R. MEHR 161 *MICHELLE GODDARD 191 Samuel Berman 1 *KENNETH M. KREUTZIGER 184 Lisa Boehm 1 All Others 0 elecfed for:*3 years;#2 years Blanks 1336 PRECINCT 4 - Seven for Three Years Total Total *THOMAS R.DIAZ 308 *MICHAEL P. BOUDETT 221 '�'` *PAUL MINIUTTI 301 KATHLEEN M. LENIHAN 206 *KATHRYN R. COLBURN 294 ANOOP GARG 180 'ALESSANDROA.ALLESSANDRINI 275 JACQUELINE V.VITAL 113 *RUTH S.THOMAS 252 Heather Hartshorn 1 *NANCY ANN SHEPARD 238 Beverly Kelley 1 All Others 0 elected for*3 years Blanks 1852 PRECINCT 5— Seven for Three Years Total Total *JUDITH A. CROCKER 339 *EPHRAIM WEISS 247 *PAMELA B. LYONS 271 *DAVID E. BURNS 233 'NANCY CORCORAN-RONCHETTI 256 Saatvik Ahluwalia 10 *ANTHONY G.GALAITSIS 250 Samuel Levi Doran 1 *DAVID G.WILLIAMS 248 Anne D. Engelhart 1 AlI 0thers 0 elected for"3 years Blanks 1623 PRECINCT 6 - Seven for Three Years Total Total *SUZANNE D.ABAIR 355 *STEPHEN W.MCKENNA II 230 *DINESH PATEL 312 THOMAS S.BRENNAN 221 *DAVID L. KAUFMAN 269 DEEPIKA SAWHNEY 209 *JONATHAN A. HIMMEL 266 MICHAEL P. SEGAL 184 *MORTON G. KAHAN 242 DAVID P. NEAL 130 *FRANK SANDY 239 Howard Levingston 2 AlI 0thers 4 elected for:*3 years Blanks 1523 PRECINCT 7 — Seven for Three Years; One for One Year Total Total *THOMAS V. GRIFFITHS 287 *PAUL J. RUBIN 236 *PAM HOFFMAN 275 **BENJAMIN L. MOROZE 235 'ELIZABETH DEMILLE BARNETT 266 Stann Chonofsky 2 *JAMES W.COURTEMANCHE 256 David Needham 1 *DAVID G.KANTER 248 Ethan Handwerker 1 *THOMAS J.WANDERER 240 Philip K. Hamilton 1 All Others 0 elected for*3 years;**1 year Blanks 1600 PREGINCT 8 — Seven for Three Years Total Total *RICHARD A.MICHELSON 303 *ROBERT M.AVALLONE 266 "STEWART G. KENNEDY 295 *Elizabeth Barrentine 105 *CHARLES HORNIG 292 Patricia A.Jenness 3 *MARGARET BRADLEY 284 Robert H. Enders 2 *GANG CHEN 277 Jonathan Mark Silverstein 2 All Others 7 elected for"3 years Blanks 1573 PRECINCT 9 — Seven for Three Years; One for One Year Total Total "HANK MANZ 286 **MARK R.VITUNIC 194 "MARK P.MAGUIRE 279 JESSE F.SEGOVIA 171 *WENDY MANZ 273 Noah A.S.Coolidge 15 *JEANNE P.CANALE 256 John A.Lapointe 1 "LEO P. MCSWEENEY 245 *LISAH S. RHODES 235 All Others 0 *ALICE J.ADLER 222 Blanks 1671 elected for'3 years""1 year A true copy. �,,��/�n Attest: � � � D nna M. Hooper, To�n Clerk See page 259 for acceptances and resignations. ____ _-___ ___-- _- _ _ _ __- -- � - -- -__— -_ _--- __ _ __- ---__ �� March 24,2014 Annual Town Meeting Moderator Deborah Brown called the 2014 Annual Town Meeting to order,Monday,March 24,2014 at 7:45 p.m.,Margery M. Battin Hall, Cary Memorial Building; A quorum of 181 members present. The William Diamond Fife and Drum Corps led the Lexington Minutemen to post the colors, followed by playing the National Anthem. Town Clerk Donna M.Hooper read the Warrant for the Annual Town Meeting,until waived. The Town Clerk read the Constables Return of Service. Moderator Brown recognized and called a moment of silence for the passing of Alan.Lazarus and ' - Richard Battin,two former long-term Town�Meeting Members. The Moderator briefly reviewed the electronic voting system authorized by the 2013 Town Meeting for implementation at this year's meetings,with hand-held devices issued to all members. Moderator Brown reviewed meeting procedures for new and retiarning members. � 8:00 p.m. Presented by Selectman Deborah Mauger. ARTICLE 2: ELECTION OF DEPUTY MODERATOR _ MOTION: That Rod Cole be approved as Deputy Moderator. Unanimously Adopted. 8:08 p.m. Selectman Deborah Mauger moved the 2014 Annual Town Meeting be adjourned until , completion of the 2014 Special Town Meeting. Unanimously Adopted. March 24,2014 Special Town Meeting Moderator Deborah Brown called to order the 2014 Special Town Meeting,Monday,March 24, 2014 at 8:08 p.m. Margery M. Battin Hall, Cary Memorial Building;A quorum of 181 members present. Town Clerk Donna M. Hooper read the Special Town Meeting Warrant until waived. The Town Clerk read the Constables Return of Service. � 8:09 p.m. Presented by Selectman Joseph Pato. ARTICLE 1: REPORTS OF TOWN BOARDS,OFFICERS, COMMITTEES � - MOTION: That electronic voting operating rules and use be approved as per `Rules for Electronic Voting at Town Meeting—March 24,2014'. 8:10 p.m. Mr.Pato reviewed requested action,reported unanimous support of the Selectmen, and explained a two-thirds vote to be required. Declared Adopted by more than the necessary two-thirds vote. 8:11 pm Marilyn Fenollosa moved the Report of the Community Preservation Committee be received and placed on file. Unanimously Adopted. 8:12 p.m. Jill Hai moved the Report of the Capital Expenditures Committee be received and placed on file. Unanimously Adopted. 8:12 p.m. Glenn Parker moved the Report of the Appropriation Committee be received and placed on file. Unanimously Adopted. 8:13 p.m. Presented by Marilyn Fenollosa,pr.5, Community Preservation Committee. ARTICLE 2: CARY MEMORIAL BUILDING UPGRADES MOTION: That$8,476,580 be appropriated for remodeling,reconstructing, and making extraordinary repairs to the Cary Memorial Building, and for equipment in connection therewith,and to meet this appropriation$235,230 be raised in the tax levy and the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow$8,241,350 under M.G.L. Chapter 44, Section 7(3A),as amended,or under M.G.L. Chapter 44B, as axnended, or any other ('� enabling authority. _ _ Ms. Fenollosa reported unanimous support of the Community Preservation Committee. Nancy Shepard, Chair of Ad Hoc Cary Memorial Building Renovation Design Committee, and project Architect Don Mills,presented. Ms. Shepard reviewed the charge of committee and reported the unanimous support of the Committee. Don Mills,Mills Whitaker Architects,reviewed estimated costs and elements of project. 8:27 p.m.—Selectman Deborah Mauger reported support [5-0] of the Selectmen,identifying some concerns on project timing. Selectman Joseph Pato reviewed his position and support at this time, addressing prior issues regarding debt funding and integration with additional capital projects;his comfortableness with alternate financing schemes that will shorten term of debt. 26� March 24, 2014 Special Town Meeting, cont... 8:32 p.m.David Kanter,pr.7,reported unanimous support of the Capital Expenditures Comrnittee,with support for moving forward as soon as possible, and availability of Community Preservation Act funding for the Cary Building. Richard Neumeier,pr.2,reported unanimous support of Appropriation Committee. 8:33 Jerry Michelson,pr.5, Chair of the Lexington Center Committee,reported unanimous support of the Center Committee. � Joseph Pato responded to questions on alternate funding options. David Kanter referred members to the report of the Capital Expenditures Committee for fiznding options. Discussion continued. Joseph Pato explained 3-4 year borrowing plan vs.previous 10-year plan, followed by explanation by Town Manger Carl Valente on the process for identifying bonding periods. 8:38 p.m. Members spoke in support and.opposition. 8:40 p.m. Susan Cusack, 58 Middle St, Co-Chair, Commission on Disability, spoke in support. Discussion continued on borrowing plan,use of Community Preservation funds, and borrowing capacity. Finance Director Robert Addelson and Selectman Deborah Mauger explained availability of Community Preservation funds for this and other projects. Members spoke in support of the motion,the importance of the work to be done to improve the � experience for attendees at Cary Lecture Series and other events frequently using the Cary Memorial Building. Selectman Deborah Mauger responded to questions on fees for venue use;basis upon which fees are detennined, and costs required to be covered by established fees. 8:55 p.m. Members continued to speak in support, and questioned other venues within Lexington. 8:56 p.m. Members questioned borrowing, anticipated state match, and computations made. Community Preservation Committee Chair Marilyn Fenollosa confirmed computations on available funds and explained school building work eligibility for Community Preservation Act funds. 9:03 p.m. Citizens Christina Gamota, 17 Solomon Pierce Rd,and Sandra Gasbarro,4 Seaborn Pl, spolce in support. Members questioned project cost.breakdown and specific costs for `"" acoustical improvements. 9:12 p.m. Following electronic vote tallyirig,the Moderator declared the motion adopted by more than the necessary two-thirds, on a vote o£ Yes No Abstain 172 3 5 9:14 p.m. Presented by Maxilyn Fenollosa, Community Preservation Committee. ARTICLE 3: AMEND ARTICLE 5 OF NOVEMSER 4,2013 SPECIAL TOWN MEETING, RENOVATION TO COMMUNITY CENTER MOTION: That the motion under Article 5 of the warrant for the November 4, 2013 Special Town Meeting be amended to read as follows: That$6,220,000 be appropriated for design, engineering and remodeling,reconstructing and malcing extraordinary repairs to buildings at 39 Marrett Road, and that to meet this appropriation$650,035 be appropriated from the Historic Resources Reserve of the Coxn.tnunity Preservation Fund, $2,561,109 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund, $2,135,040 be appropriated from Undesignated Fund Balance of the Community Preservation Fund, $422,816 be appropriated from the General Fund Unreserved Fund Balance and that the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow$451,000 under M.G.L. Chapter 44, Section 7(3A), as amended, or under M.G.L. Chapter 44B, as " amended, or any other enabling authority. Ms. Fenollosa reported unanimous support of the Community Preservation Committee. 9:18 p.m. Selectman Michelle Ciccolo, Chair of Ad Hoc Community Center Advisory Committee, provided an update on anticipated work and occupancy. Ms. Ciccolo reported unaiumous support of the Board of Selectmen. 9:28 p.m. Beth Masterman reported unanimous support of the Capital Expenditures Committee. Glenn Parker reported unanimous support of the Appropriation Committee. 9:29 p.m. Lisah Rhodes,reported strong support of the Recreation Committee. Nancy Adler, Chair of the Council on Aging,reported support of the Council. __— -_ ___ ____ _ _ - ___ _ __. _ ___--- T .__. --_ __ __ _ _ ___ , 265 March 24, 2014 Special Town Meeting, cont... 9:32 p.m. Michelle Ciccolo responded to member's questions on space assignment,the varying interests and needs for space. Town Manager Carl Valente explained work underway to review options for space use or disposition of the Council on Aging space at the Muzzey building. Michelle Ciccolo and Facilities Director Patrick Goddard responded to questions on solar panel installation opporiunities at the Community Center and explained current initiative to receive proposals issued by the Sustainable Lexington Committee to evaluate and determine buildings best suited for solar panels. Mr. Goddard commented on historic restrictions set for the Scottish Rite building impact on solar panel installation possibilities. -- Members spoke in opposition and support, questioned future changes not covered by this funding, staffmg needs for building operations, and possible conflicting building use needs. Architect Theresa Wilson responded to layout design and planned acoustical improvements in sensitive areas. 9:50 p.m. Members questioned driveways and accessibility to the building, anficipated costs to shorted access from Marrett Rd. Ms. Ciccolo explained future possibility for a second access road. 9:52 p.m. Ms. Ciccolo responded to questions on the additional funding requested,project scope change, facilities planned, and accelerated timeline. 9:57 p.m. Following electronic vote tallying,the Moderator declared the motion adopted by more than the necessary two-thirds; on a vote of: Yes No Abstain 175 2 4 S ecial Town Meetin —Electronic Vote Record—Articles 2 &3: First Name Last Name Article 2: Article 3: First Name Last Name Article 2: Article 3: Michael Barzefl Marilyn Fenollosa Yes Yes Deborah Brown Abstain Abstaln Andrew Frledlich Yes Yes Michelle Ciccolo yes Yes Anthony Galaitsis Yes Yes Norman Cohen Yes Yes John Hayward Yes Yes Donna Hooper Abstaln Abstain Ginna Johnson Yes Yes Jay Kaufman TaylorM. Lahiff .��- Peter Kelley Yes Yes James Lowry Yes Yes Deborah Mauger Yes Yes Pamela Lyons Yes Abstain Joseph Pato Yes Yes Jerold Michelson Yes Yes ""' Joel Adler Yes . Yes Sam Sllverman Yes Yes Nancy Adler Yes Yes Lisa Smith Yes Yes Dlrk Armstrong Abstafn Yes Marc SalntLouls Yes Yes , John Bartenstein Yes Yes M.Masha Traber Yes Yes Jean Cole Yes Yes Ephraim Weiss Yes Yes Jonathan Cole Yes Yes David Williams Yes Yes Roberl Cunha Yes Yes Suzanne Abair Yes Yes Colin Hamilton Yes Yes Osman Babson Brian Heffernan Yes Yes Todd Cataldo Yes Yes lang Jeon Yes Yes Paul Chernick Janet Kern Yes Yes Margaret Counis-Klebe Yes Yes Hongbin Luo Yes Yes Bebe Fallick Yes Yes Eric Micheison Yes Yes Edmund Grant Yes Yes Joseph Rancatore Yes Yes Jonathan Hlmmel No Yes John Rossi No Frederic Johnson Yes Yes Barry Sampson Yes Yes Morton Kahan Yes Yes Carol Sampson Yes Yes David Kaufman Yes Yes MaryAnn Slewart Yes Yes Brian Keiley Yes Yes Bella Tsvetkova Yes Yes Ann Kelly Yes Yes Albert 1 Zabin Yes Yes Trisha Kennealy Yes Yes Judilh 1 Zabin Yes Yes Dawn McKenna Yes Yes S.Bijan Afshartous Stephen McKenna II Yes Yes Laurel Carpenter Yes Yes Jane Pagett Yes Yes MarianA.O. Cohen Dlnesh Patel Yes �—"� Kathryn Flelds Yes Yes Edith Sandy Yes Yes Rita Goldberg Yes Yes Frank Sandy Yes Yes Paul Lapoin(e Yes Yes Deborah Strod Yes Yes Peler Lee Yes Yes Marsha Baker Yes Yes Susan London Yes Yes Elizabeth Barnett Yes Yes Karen Longetefg Yes Yes Donald Benson Yes Yes Michael McGulrk Yes Yes George Burnell Yes Yes Rfchard Neumeler Yes Yes Mary Burnell Yes Yes Barry Orenste(n Yes Yes Patricla Costello Yes Yes Michael 0'Sullivan Yes Yes James Courtemanche Yes Yes 266 March 24, 2014 Special Town Meeting, cont... S ecial Town Meetin -Electronic Vote Record-Articles 2 &3: Margaret Oueliette Yes Yes Catherine W. Gill Rickl Pappo Yes Yes Thomas Gri�iths Yes Yes James Shaw Yes Yes Mary Hamilton Yes Yes Kenneth Shfne Abstafn Yes Pam Hoftman Yes Yes Jonathan Suber Yes Yes Davld Kanter Yes Yes Jennifer Vogelzang Yes Yes Raul Marques-Pascual Yes Yes Befsey Weiss Fred Martin Yes Yes , James Wllson Yes Yes Joyce Miller Yes Yes Samuel Berman Yes Yes Ben)amin Moroze Yes Yes Michael Bliss Yes Yes John Pompeo Yes Yes Bonnie Brodner Yes Yes Paul Rubin Yes Yes ' Dan Fenn Yes Yes Elizabeth Sarles Yes Yes Shirley Frawley Yes Yes Thomas Wanderer Yes Yes Michelle Goddard Yes Yes Geoftrey Xiao Yes Yes Sleven Heinrich Yes Yes Robert Avallone Yes Yes Nancy Hubert Yes Yes Elizabeth Bartentine Yes Yes Kevin Johnson Yes Yes Larry Belvin Yes Yes Kenneth Kreutrfger Yes Yes Dlane Biglow Yes Yes Jeanne Krieger Yes Yes Margaret Bradley Yes Yes Henry S. Lau Gang Chen Yes Yes Rosemary Levy Yes Yes Timolhy Dunn Yes Yes Beth Masterman Yes Yes Margaret Enders Yes Yes Patrick Mehr No No Charles Hornig Yes Yes Judith Pappo Yes Yes David Horton Yes Yes Glenn Parker Yes Yes Slewart Kennedy Abstain Yes Franklin E. Smith Ingrid Klimofi Yes Abstain Robert Rotberg Yes Yes Alan Levine Yes Yes Franklin Smilh Yes Yes Rfchard Michelson Yes Yes Margaret Storch Yes James Osten Yes Yes Alessandro Alessandrini Yes Yes Andrel Radulescu-Banu Yes Yes Nyles Bamert Yes Yes Willlam A. Ribich � Gloria Bloom Yes Yes Jessie Sleigenvald Yes Yes Michael Boudett Yes Yes Shirley Stolz Yes Yes Scott Burson Yes Yes Melinda Waiker Yes Yes Robert Cohen Yes Yes Weidong Wang Yes Yes Kalhryn Colbum Yes Yes Ailce Adler Yes Yes Thomas Diaz Yes Yes Narain Bhatia Yes Yes Peter Enrich Yes Yes Victoda Blier Yes Yes Jiil Hai Yes Yes Jeanne Canale Yes Yes Laura Hussong Yes Yes Richard Canale Yes Yes Kalhleen Lenihan Yes Yes Helen Cohen Yes Yes Ellen McDonald Yes Yes Rodney Cole Susan McLeish Yes Yes Margaret E. Coppe Paul Miniutti Yes Yes Thomas Fenn Yes Yes Molly Nye Yes Yes Mollie Garberg Yes Yes John Patrick Yes Yes Mark Maguire Yes Yes Gerald Paul Yes Yes Hank Manz Yes Yes Sandra Shaw Yes Yes Wendy Manz Yes Yes Nancy Shepard Yes Yes John Mazerall Yes Yes Ruth Thomas Yes Yes Lisa Mazerall Yes Yes David Burns Yes Yes Leo McSweeney Yes Yes Nancy Corcoran-Ronchefli Yes Yes Chr(sUna Murray Yes Yes Jeifrey Crampton No Yes Janet Perry Yes Yes Judith Cmcker Yes Yes Lisah Rhodes Yes Yes Irene Dondley Yes Yes Mark R. V(lunic �- Elaine Dratch Yes Yes JustineA. Wirtanen Total-YES 172 775 Total-NO 3 2 TOTAL VOTES 175 177 9:59 p.m. Selectman Deborah Mauger moved the Special Town Meeting be dissolved. Motion Unanimously Adopted. A true copy. f„ Attest: �� Donna M. Hooper, Town C erlc ____ - --- ----- ------_ __ _ _ ____ ------- - -___ __ ___ _ _ ___ __ ----- ----- - — - _ _ T--__ 267 March 24, 2014 Annual Town Meeting, cont.... 10:00 p.m. Selectman Deborah Mauger moved the March 24, 2014 meeting adjourned unti17:30 p.m.,Wednesday,March 26, 2014,Battin Hall, Cary Memorial Building. Unanimously Adopted. A true copy. Attest: �'�1/Yl.�� Donna M. Hooper, Town erlc � March 26,2014 Adjourned Session of the 2014 Annual Town Meeting The Second Session of the 2014 Annual Town Meeting was called to order by Moderator Deborah Brown, 7:30 p.m.,Margery M. Battin Hall, Cary Memorial Building; A quorum of 181 members present. 7:30 p.m. Charles Hornig,pr.,8,moved the report of the Planning Board be received and placed on file. Adopted Unanimously. Mr. Hornig reported. 7:38 p.m. Selechnan Deborah Mauger moved articles 27-32 be taken up in that order. Unanimously Adopted. 7:38 p.m. Presented by Wendy Manz,pr.9. ARTICLE 27: AMEND ZONING BY-LAW—ALLOW FOR-PROFIT EDUCATIONAL USES IN THE NEIGHBORHOOD BUSINESS AND RE5IDENTIAL DISTRICTS (Citizen Article) MOTION: That the Zoning Bylaw, Chapter 135 of the Code of the Town of Lexington,be amended to insert in Part H of Table 1 after line H.1.14, a new line H.1.14.1 so that the amended section of Table 1 will now appear as follows: RO RS RT CN CRS CS CB CLO CRO CM � � H.PERSONAL,BUSINESS,OR GENERAL SERVICE USES � � � �� H.1.0 AS A PRINCIPAL USE sv C � � t_ _. p, ... N C O�C r� H.1.14 School not exempt by statute N N N N Y Y Y Y Y Y � � ... � rt +U O H.1.14.1 Inshuction in music or the arts,not to � ,-; exceed 3.500 square feet of � � N N SP SP Y Y Y Y Y Y '* � floor space per — — — — — — — �� establishment � � t� and further that non-substantive changes to the numbering of this bylaw be pernutted in order that it be � � in compliance with the numbering format of the Code of Lexington. � �, ;� r � Ms. Inga Magid, article sponsor, explained purpose for rezoning requested under articles 27 and 28, ,,, n o �r � � 7:47 p.m. Moderator explained the motions must be adjusted to correct text above the tables for � �' article 28 -clerical error. o 7:48 p.m. Charles Hornig,pr.9,moved the Planning Board Reports on Articles 27,28, and 29 be � . received and placed on file. Unanimously Adopted. � Mr. Hornig reported the Planning Board's unanimous recommendation of approval of the motions under Articles 27,28, and 29 [indefuute postponement]. Mr. Hornig explained the 2 proposed changes permit music and art schools of moderate size by special pernzit, and secondarily allow other users as shown. �- 7:50 p.m. Peter Kelley reported support of the Board of Selectmen for Articles 27 &29,with 4 in favor and 1 abstention; and all in favor for article 29; to allow greater opportunity for these uses and help retain valuable local businesses by special permit. 7:51 p.m. Chaxles Hornig explained the final motion hadn't been available at the time of the Planning Board report but the Board still unanimously supports the final motion. Mr. Hornig explained pernutted uses under Article 27 and development standards under Article 28. 7:58 p.m. Members spoke in support and opposition of Articles 27 &28, addressing for-profit and non-prof t businesses. Nyles Barnert,pr.4, spoke on behalf of resident of precinct 4. 268 March 26, 2014 Adjourned Session of the 2014 Annual Town Meeting, cont... 8:05 p.m. Resident Ms. Irene Chan spoke in support. Ms.MaryJo Bohart, Lexington Chamber of Commerce, spolce in support. 8:14 p.m. David Williaxns,pr.5,moved ainendment to Article 27: AMENDMENT: In Article 27,the RT zone change from `SP' to `N' Mr. Williaxns spoke on amendment proposed and his opposition to allowing proposed school zoning in the RT zone. 8:18 p.m. The Moderator called a recess for the Planning Board. 8:26 p.m. Back in.session, Charles Hornig reported the unaniinous opposition of the Planning Board to the Williams amendment; Selectman Peter Kelley reported the unanimous opposition of the Selectmen to the Williams amendment. 8:29 p.m. Members spolce in support and opposition to the Williams amendment. 8:33 p.m. Resident Norma Floyd, 16 Oxford St, spoke on parking needs, 8:34 p.m. Members questioned the proposed maxunum square footage, grandfathered businesses, � zoning acronyms, single family and two-family zone differences, and impact on residents. Mr. Hornig clarified. 8:45 p.m. Article sponsor Ms. Inga Magid explained estimated number of students at peak tunes, and general parlcing needs. Ms. Magid voiced opposition to the Williams amendment. 8:56 p.m. Following electronic vote tallying,the Moderator declared the Williams AMENDMENT NOT ADOPTED, on a vote of: Yes No Abstain 45 129 4 9:00 p.m. Christiana Iyasere,21 Liberty Ave, customer of Ms.Magid's services, spoke in support. 9:02 p.in_ Members spoke in opposition and support. 9:04 p.m. Dawn McKenna,pr.6, called the question. Adopted 9:05 p.m. Ms.Magid extended her appreciation. � 9:06 p.in. Vote on Article 27 -Following electronic vote tallying,the Moderator declared Article 27 Adopted by more than the necessary two-thirds, on a vote of: Yes No Abstain 124 48 6 ARTICLE 28: AMEND ZONING BY-LAW—ALLOW FOR-PROFIT EDUCATIONAL USES IN THE NEIGHBORHOOD BUSINESS DISTRICT AND REMOVE SIZE LIMITATION (Citizen Article) a�i' MOTION: That the Zoning Bylaw, Chapter 135 of the Code of the Town of Lexington,be amended � to change the syxnbol in Table 1,line H.2.01, column"CN", from"N"to "SP" , and � insert a new line H.2.02, so that the amended section of Table 1 will now appear as � � follows: � o RO RS RT CN CRS CS CB CLO CRO CM �a N � � cv H.2.0 DEVELOPMENT STANDARDS FOR � `� PERSONAL,BUSINESS,OR GENERAL � � SERVICE USES � � C7 � H.2.01 Services with more than 1,500 square feet �y of floor space per establishment Y Y Y � Y Y Y Y Y Y m +� � o SP - _ o aa +� � � H.2.02 Services with more than 3,500 square feet �, Y 1, N Y Y y y y y � .-+ of floor space per establishment �,o � N � �; and further that non-substantive changes to the numbering of this bylaw be permitted in order that it be o `" in compliance with the numbering format of the Code of Lexington. � � �ti 9:22 p.m. Vote on A.rticle 28 -Following electronic vote tallying,the Moderator declared Article 28 Adopted by more than the necessary two-thirds, on a vote of: Yes No Abstain 127+2 42 6+1 _---- ___ _--------_ ___ _ -__ - --- � __ _ _. _ _ 269 March 26, 2014 Adjourned Session of the 2014 Annual Town Meeting, cont... 9:26 p.m. Presented by Wendy Manz,pr.9: ARTICLE 29: AMEND ZONING BY-LAW—ALLOW FOR-PROFIT EDUCATIONAL USES �� IN THE NEIGHBORHOOD BUSINESS DISTRICT. `� o MOTION: That this article be indefinitely postponed. Unanimously Adopted. � m � a, 9:26 p.m. The Moderator called for.a moment of silence for the 2 fallen Boston Firefighters killed o�c , in Beacon St,Boston 9-alarm fire earlier today,March 26th � � ,.. ,-r rr 9:29 p.m. Charles Hornig moved the xeport of the Planning Board on Articles 30,31 and 32 be o ,°� , received and placed on file. Unanimously Adopted. � � a 9:29 p.m. Presented by Charles Hornig,pr.8. � � ARTICLE 30: AMEND ZONING BY-LAW—MEDICAL MARIJUANA TREATMENT CENTERS � � MOTION: That the Zoning By-Laws of the Town be amended as set forth in N �; the motion attached to the report of the Planning Board on this article, a copy of which is on file r" � with the Town Clerk and the Planning Board, and further that non-substantive changes to the r„ � numbering of this bylaw be permitted in order that it be in compliance with the numbering � � � � format of the Code of Lexington. � ----------------------------- i o a � n � MOTION FOR ARTICLE 30 per PLANNING BOARD REPORT: w� That the Zoning Bylaw, Chapter 135 of the Code of the Town of Lexington,be amended, effective Julv � 31, 2014, as follows: �, 0 1) Delete §135-6.10: "Medical Marijuana Treatrnent Centers"that imposed a moratorium through July 31,2014 on the use of land and structures for a Medical Marijuana Treatment Center. 2) Insert in Definitions after"Medical, dental,or psychiatric offices"the following definition: Medical Marijuana Distribution Center: An establishment that has been certified by the State Deparhnent of Public Health as part of a Medical Marijuana Treatment Center that sells, distributes, dispenses,or administers marijuana,products containing marijuana, � related supplies, or educational materials to registered qualifying patients or their L _ personal caregivers but does not cultivate or prepare the marijuana on site. 3) Replace the existing defuution of a medical marijuana treatment center so that it reads as follows: Medical Marijuana Treatment Center(MMTC): A not-for-profit establishment, registered as a Registered Marijuana Dispensary(RMD)in accordance with Massachusetts law,that acquires, cultivates,possesses,processes [including development of related products such as edible marijuana infused products (MIl's),tinctures, aerosols, - oils, or ointments],transfers,transports, sells, distributes,dispenses, or administers marijuana products containing marijuana,related supplies, or educational materials to registered,qualifying patients or their personal caregivers. 4) Insert in Part I of Table 1 "Pernutted Uses and Development Standaxds,"after line I.1.012, a new line I.1.013 so that the amended section of Table 1 will now appear as follows: RO RS RT CN CRS CS CB CLO CRO CM F. SALES OR RENTAL OF GOODS AND EQUIPMENT I.1.0 AS PRINCIPAL USE I.1.013 Medical Marijuana N N N N SP N SP N N Y Distribution Center 5) Insert in Part N of Table 1 "Permitted Uses and Development Standards,"after line N.1.02, a new line N.1.03 so that the amended section of Table 1 will.now appear as follows: _. RO RS RT CN CRS CS CB CLO CRO CM F. MANUFACTURING USES N.1.0 AS PRINCIPAL USE N.1.03 Medical Mari'uana Treatment Center N N N N N N N N N Y 9:37 p.m. Norman Cohen reported support of the Board of Selectmen, [4 in support, 1 opposed]. 9:38 p.m. Maryann Stewart reported the School Committee had yet to take a position on Article 30. 9:39 p.m. Chaxles Hornig explained use table and allowable uses for medical marijuana as outlined in Planning Board Report. Planning Director Maryann McCall-Taylor explained . tradition of use determination. Town Counsel Kevin Batt provided further interpretation. 27� March 26, 2014 Adjourned Session of the 2014 Annual Town Meeting, cont... 9:42 p.m. Ethan Handwerker, 17 Pine Knoll Rd, questioned the Planning Board on the Zoning Enforcement Officer's use determination. Mr.Handwerker spoke in opposition to motion. 9:46 p.m. Tom Fenn,pr.9,moved amendment: FENN AMENDMENT: That the Proposed Planning Board's Article 30 be amended only to that portion as stated in line(4)pertaining to Part I of Table 1 "Perniitted Uses and Development Standards,"as follows: � (1) Delete"SP"shown on said Table 1 in Districts CRS and CB zones; (2) Insert"N"on said Table 1 for Districts CRS and CB zones; So that the Amended section of Table 1 will now appear as follows: RO RS RT CN CRS CS CB CLO CRO CM F. SALES OR RENTAL OF GOODS AND EQUIPMENT I.1.0 AS PRINCIPAL USE I.1.013 Medical Marijuana N N N N � N '� N N Y Distribution Center N N All else of Planning Board's Article 30 shall remain the same. 9:50 p.m. Planning Board Chairman Charles Horrug reported the Planning Boaxd's support [3 in • favor/2 opposed],to the Fenn Amendment. Selectman Norman Cohen reported the Board of Selectmen's support, [4 in favor/1 abstention],to the Fenn Amendinent. 9:52 p.m. Dawn McKenna reported unaniinous support of Tourism Cominittee for Fenn . Amendment. Jerry Michelson,Lexington Center Comrnittee,reported the Committee's support for the Fenn Amendment. 9:53 p.m. Marsha Baker,pr.7, speaking for the Lexington Historical Society, spoke on the number of young children in Lexington Center and those served by the Society. 9:54 p.in. Charles Hornig responded to questfons on the public heaxings and process undertaken by the Planning Board to seek input, and the Board's support of the amendment [3 in favor, 2 opposed]. 9:56 p.m. Members spoke in support of the Fenn amendment. Plaruiing Board members clarified their positions on the Fenn amendment from that of the original motion. 10:08 p.m. Members spoke in opposition to the Fenn Amendment. March 26, 2014 Adjourned Session of the 2014 Annual Town Meeting, cont... 10:08 p.m. Franlclin Smith,pr.3,moved the following amendment: SMITH AMENDMENT: That the Motion to Axnend the Planning Board's Article 30 offered by Tom Fenn and Dan Fenn dated 3/17/2014 be amended so that the proposed"N"under the CRS District offered by the Fenn Atnendment be changed back to the original"SP"in the Planning Board's Article 30. Therefore Table 1 "Permitted Uses and Development Standards"in Part(4)of the original motion will now read as follows: Original Article 30: RO RS RT CN CRS CS CB CLO CRO CM F. SALES OR RENTAL OF GOODS AND EQUIPMENT I.1.0 AS PRINCIPAL USE I.1.013 Medical Marijuana N N N N SP N SP N N Y Distribution Center Changes made by the Fenn Amendment: RO RS RT CN CRS CS CB DI' CRO CM F. SALES OR RENTAL OF GOODS AND EQUIPMENT I.1.0 AS PRINCIPAL USE I.1.013 Medical Marijuana N N N N �-N N �N N N Y Distribution Center - - -_._ __ _ _ _ _ - ----__- --__.__ ._ ____ _--- -- _- --- -- �.-------- _ _ -_ -- 271 March 26, 2014 Adjourned Session of the 2014 Annual Town Meeting, cont... Changes made to the Fenn Amendment by this motion: RO RS RT CN CRS .CS CB OL CRO CM F. SALES OR RENTAL OF GOODS AND EQUIPMENT • I.1.0 AS PRINCIPAL USE I.1.013 Medical Marijuana N N N N �SP N N N N Y Distribution Center ... 10:14 p.m. Chaxles Hornig reported the Planning Board has no recommendation on the Smith amendment. Selectman Norman Cohen reported the opposition of the Selectman [4 opposed, 1 in favor] 10:15 p.m. Police Chief Mark Corr reported support of establishing a buffer from where children congregate; distribution center is viewed as a high risk location due to value of property being sold. 10:18 p.m. Members spoke in support and opposition to the F. Smith amendment. MaryJo Bohart reported the support of the Chamber of Coxnmerce for the Fenn amendment. 10:22 p.m. Dr. Sion Harris,Asst.Professor, Harvard Medical School, spoke on impacts of marijuana on youth and on the negative impact of the THC on the adolescent brain development. 10:30 p.m. Joyce Miller,pr.7, called the question. Motion Adopted. Mr. Smith reviewed options for vote. 10:30 p.m. Vote on F. Smith Amendment—Following electronic vote tallying,the Moderator declared the F. Smith Amendment Not Adopted, on a vote of: Yes No Abstain 33 138+1=139*Joel 35 Adler 10:34 p.m. Charles Hornig and Tom Fenn reported no feedback on proposed bylaw amendment has been received from the Hartwell Avenue businesses. � 10:35 p.m. Members spoke in support of the Fenn amendment, questioned Police Chief Mark Corr on burglaries and risks for the Harlwell Avenue area as opposed to the center business district: Chief Corr explained risk is in the items distributed,not the location. 10:40 p.m. Dan Fenn,pr3, summarized requested action on Fenn Amendment. 10:45 p.m. Vote on FENN Amendment—Following electronic vote tallying,the Moderator declared the FENN Amendment adopted, on a vote of: Yes No Abstain 135 36 3 10:47 p.m. Charles Hornig reported the support of the Planning Board on the motion under Article 30 now as amended, [3 in favor/3 opposed]. Selectman Norman Cohen reported the unanimous support of the Selectmen on the motion under Article 30 as now amended. 10:48 p.m. Maryann Stewart reported the support of the School Committee for Article 30 as now amended,to include the 50 ft.buffer[4 in support, 0 opposed; 1 abstention. 10:49 p.m. David Kanter,pr.7, called the question under Article 30. Motion Adopted. 10:49 p.m. Following electronic vote tallying,the Moderator declared ARTICLE 30, as Amended, adopted by more than the necessary two-thirds, on a vote of Yes No Abstain 148-1 21+1 3 � 10:52 p.m. Selectman Norman Cohen moved the meeting be adjourned unti17:30 p.m.,Monday, `� J� March 31,2014,Battin Hall, Cary Memorial Building. Motion Adopted. A true copy. Attest: � �%�'�j�,, i'`'t Donna M. Hooper, Town erk 272 March 31,2014 Adjourned Session of the 2014 Annual Town Meeting The third session of the 2014 Annual Town Meeting was called to order by Moderator Deborah Brown, 7:30 p.m.,Monday,March 31, 2014,Margery M. Battin Hall, Cary Memorial Building; A quorum of 175 members present. 7:30 p.in. Moderator Deborah Brown called a recess for recognition of 15 high school seniors from Lexington High and Minuteman,Regional High schools. Principal Laura Lasa recognized 12 LHS seniors. Superintendent Ed Bouquillon recognized 3 MMRHS seniors. In recess,Moderator Brown recognized 91st birthday celebrants Sam Berman&Dan Fenn,precinct 3 Town Meeting Members. 7:56 p.m. Moderator Brown called the meeting to order and outlined the order of business for this and upcoming meetings. 7:56 p.m. ARTICLE 2: ELECTION .OF DEPUTY MODERATOR, REPORTS OF TOWN SOAR.DS, OFFICERS, COMMITTEES, AND APPROVAL OF ELECTROPTIC VOTING OPERATING RULES AND USE � 7:57 p.m. Selectman Deborah Mauger moved the report of the Town Manager be received and placed on file. Unanimously Adopted. Town Manager Carl Valente reported. 8:17 p.m. David Horton, pr.8, moved the report of the Minuteman Regional High School Superintendent be received. Unanimously Adopted. Dr. Ed Bouquillon reported. 8:27 p.m. Selectman Deborah Mauger moved Article 23 be taken up. Unanimously Adopted. 8:27 p.m. Presented by Selectman Nornzan Cohen. ARTICLE 23: AMENDMENTS TO THE DISTRICT AGREEMENT OF THE MINUTEMAN REGIONAL VOCATIONAL SCHOOL DISTRICT MOTION: That the Town of Lexington, acting consistent with Section VII of the existing "Agreement With Respect to the Establishment of a Technical and Vocational Regional School District" for the Minuteman Regional Vocational School District, accepts the amendments to said Agreement which have been initiated and approved by a vote of the Minuteinan Regional School Committee on March 11, 2014 and which have been submitted to the Selectrnen as a restated "Regional Agreement" bearing the date of March 11,2014. Mr. Cohen reviewed requested action on Article 23 and reported unanimous support of the Board of Selectmen. Superintendent Dr. Ed Bouquillon further explained and provided context to article and proposed changes. 8:43 p.m. Eric Michelson, pr.5, reported unaniinous support of Appropriation Committee. David Kanter reported unanimous support of Capital Expenditures Committee. 8:45 p.m. Dr. Bouquillon responded to questions on enrollments at Minuteman, non-member and district communities, intergovernmental agreements, impact on potential annual debt service,tuitions, and capital projects. 8:57 p.m. Sam Silverman, pr.5, questioned Dr. Bouquillon on enrollment decline of Lexington students. Dr. Bouquillon responded to outreach efforts to Lexington middle school and decline of Lexington students at Minuteman and explained vote needed for communities to withdraw from the Minuteman district, and interest of `tiny towns' considering withdrawal. 9:05 p.m. David Horton, pr 8, Lexington's representative to Minuteman Regional School Comxnittee since 2008, spoke in favor and urges Town Meeting to support the motion. 9:09 p.in. Members continued to speak, encouraging Town Meeting to pursue approving a change in the agreement, essential to continuing operation/sustainability of the school, and questioning computation of state aid to the school. 9:12 p.m. Following electronic vote tallying,the 1VIoderator declared Article 23 Adopted, on a vote of: Yes No Abstain 169 1 3 9:15 p.m. ARTICLE 2: ELECTIOl'�T OF DEPUTY MODERATOR, REPORTS OF TOWN BOARDS, OFFICERS, COlYdMMYTTEES, AND APPROVAL OF ELECTRONIC VOTING OPERATIl<TG RULES AND USE Margaret Coppe moved the report of the Superintendent be received. Unanimously Adopted. Superintendent Dr.Paul Ash reported. _ __ ___ - --- ------- _ __ --- __ � __-------- -_ ____ _ _ ___ --- -- - ___ ___ _ _..- - - 273 Mctrch 31, 2014 Adjourned Session of the 2�14 Annual Town Meeting, cont... 9:35 p.m. Glenn Parker moved the Report of the Appropriation Committee be received. Unanimously Adopted. Mr.Parker reported. 9:37 p.m. Selectman Deborah Mauger moved Article 4 be taken up. Unanimously Adopted 9:38 p.m. Presented by Selectman Deborah Mauger,read by Moderator Deborah Brown. ARTICLE 4: APPROPRIATE FY2015 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. Proqram 1000:Education �" 1100 Lexington P.ublic Schools _ _, Personal Services $ 73,496,851 Expenses $ 13.127,078 Total Line Item 1100,Lexington Public Schools $ 86,623,929 1200 Regional Schools $ 1,244,384 Propram 2000:Shared Exoenses 2110 Contributory Retirement $ 5,005,537 2120 Non-Contributory Retirement $ 13,447 2130 Employee Benefits $ 23,041,965 2140 Unemployment $ 200,000 2150 Workers Compensation"(MGL Ch 40,Sec.13A&13C) $ 612,223 2160 Property&Liability Insurance $ 776,455 2170 Uninsured Losses*(MGL Ch 40,Sec.13) $ 175,000 2200 Debt Service 2210 Principal on Funded Debt $ 5,490,414 2220 Interest on Funded Debt $ 980,676 2230 Temporary Borrowing $ 259,551 2300 Reserve Fund $ 900,000 2400 Public Facilities $ 9,897,675 Proqram 3000:Public Works 3100-3500 DPW Personal Services $ 3,692,070 3100-3500 DPW Expenses $ 5,029,416 Proqram 4000:Public Safetv 4100 Law Enforcement Personal Services $ 5,552,853 4100 Law Enforcement Expenses $ 760,700 4200 Fire Personal Services $ 5,151,428 � 4200 Fire Expenses $ 622,510 Proqram 5000:Culture&Recreation �' " 5100 Library Personal Services $ 1,909,214 5100 Library Expenses $ 271,355 Proaram 6000:Human Services 6000 Human Services Personal Services $ 529,795 6000 Human Services Expenses $ 690,337 Proqram 7000:Communitv Development 7100 Comm.Devel.Personal Services $ 1,149,790 7100 Comm.Devel.Expenses $ 182,314 . 7200 Planning Personal Services $ 2gg,222 7200 Planning Expenses $ 42,475 7300 Economic Devel.Personal Services $ g4,�72 7300 Economic Devel.Expenses $ 65,850 Propram 8000:General Govemment 8110 Selectmen Personal Services $ 128,165 8110 Selectmen Expenses $ 104,825 8120 Legal $ 410,000 8130 Town Report $ 8,000 8210-8220 Town Manager Personal Services $ 625,239 8210-8220 Town Manager Expenses $ 237,620 8230 Salary Transfer Account(including MGL Ch.40,Sec.13D)* $ 878,000 8310 Financial Committees $ 7,500 8320 Misc.Boards and Committees $ 4,500 8330 Public Celebrations Committee $ 41,000 8400 Finance Personal Services $ 1,273,421 8400 Finance Expenses $ 495,975 8500 Town Clerk Personal Services $ 362,992 � 8500 Town Clerk Expenses $ 121,075 8600 Information Technology Personal Services $. 465,547 �--� 8600 Information Technology 6cpenses $ 750,950 and that the Town transfer the following sums to meet,in part,appropriations made at this Town Meeting: $ 1,000,000 from the Health Claims Trust Fund for line item 2130 from the Capital Projects/Debt Service Reserve/Building Renewal Stabilization Fund for $ 919,000 line items 2210 and 2220; $ 335,000 from the Rarking Meter Fund for line items 3100-3500 and 4100; $ 105,000 from the Cemete Trust Fund for line item 3100-3500 $ 88,000 from the Transportation Demand ManayemenUPublic Transportation Stabilization Fund for A ro riations for line itLms 6000; $ 49,096 from the Avalon Ba School Enrollment Miti ation Stabilization Fund for line item 1100; $ 4,100,000 from Unreserved Fund Balance/Free Cash; $ 789,275 from the Water Enter rise Fund; $ 465,030 from the Sewer Enter rise Fund;and $ 233,600 from the Recreation Enter rise fund. 2�4 March 31, 2014 Adjourned Se�ssion of the 2014 Annual Town Meeting, cont... 9:40 p.m. Selectman Deborah Mauger reported the unanimous support of the Selectmen.for line 1200. Glenn Parker reported unanimous support of the Appropriation Committee for line 1200. ' Dr. Bouquillon responded to requests on health budget costs, staffmg and budget increases. 9:45 p.m. Following electronic vote tallying,the Moderator declared line 1200 of Article 4 adopted, on a vote of: • Yes No Abstain 162 2 6 9:48 p.m. - Selectman Deborah Mauger reported unanimous support of the Board of Selectmen for ' Article 4 in entirety. Margaret Coppe reported unanimous support of the School Committee for line item 1100. Mollie Garberg reported unanimous support of line 1100; Glenn Garber reported unanimous support of Article 4. 9:51 p.m. Paul Lapointe,pr.2, questioned separating line 1100 from article 4,questioning the School Committee budget increase and concern for sustainability in the future. 9:55 p.m. Eric Michelson,Appropriation Cominittee,addressed the forecast made by the Appropriation Corrunittee. Patrick Mehr,pr3, questioned additional FTE's budgeted in FY2015 and questioned why so many more non-teaching staff needed. Superintendent Dr.Paul Ash explained staffmg changes in the school budget and confirmed Lexington's previous assessment of administrator and teaching staff positions as compared to comparable communities. 10:00 p.in. Discussion ensued on interest of having 3-year, 10-year multi-year budgets for the public schools. School Comrnittee Chair Margaret Coppe commented on 3-year forecast being prepared. Selectman Deborah Mauger explained the municipal budget does a 3-year forecast,not 10 years, and has no authority over the School Comxnittee. Superintendent Paul Ash commented on Lexington's collaborative culture in preparing 3-year financial projections for summit meetings. Town Manager Carl Valente and Appropriation Conunittee Chair Glenn Parker reiterated processes for 3-year forecasts (not budget projections). Town Manager Carl Valente explained the revenue allocation inodel used for school/municipal budgets. 10:06 p.m. Members commented on school curriculum and scheduling, including foreign languages, and spoke on concern of increase in school budget. Superintendent Ash commented on the competitive environment and need for the school department to be competitive with neighboring communities. 10:13 p.m. Superintendent Paul Ash responded to questions on enrollment projections and budget implications. Tom Griffiths,pr.7, questioned Dr. Ash on enrollments. IDr. Ash reiterated projected enrolhnents,up about 500 students over last 5 years; 10:15 p.m. David Kanter,pr.7, called the question on Article 4-Line 1100 - Adopted. 10:16 p.m. Following electronic vote tallying,the Moderator declared Article 4-line 1100 Adopted by more than the necessary two-thirds, on a vote of: Yes No Abstain 160 3 6 10:19 p.m. Town Manager Carl Valente responded to questions on new growth and revenue projections, and questions on health insurance cost increases. 10:31 p.m. Finance Director Robert Addelson responded to questions on tax levy and funding for capital expenses. Mr. Addelson explained proposed budget does not exceed tax levy revenue. 10:33 p.m. Town Manager Carl Valente and Finance Director Robert Addelson responded to questions on projected new growth. Appropriation Committee Chair Glenn Parker opined on value of conservative projections for new growth. 10:41 p.in. Selectman Deborah Mauger responded to methodologies for projecting enrollments. 10:46 p.m. Patrick Mehr,pr.3, stated opposition to the FY2015 budget,need for better school enrollment projections,multi-year school budget, and tracking of health insurance subscriptions. � 10:48 p.m. Following electronic vote tallying,the Moderator declared Article 4 [without line 1100 and 1200] Adopted by more than the necessary two-thirds, on a vote of: Yes No Abstain 155 3 4 10:48 p.m. Selechnan Deborah Mauger moved adjourntnent to 7:30 p.m.,Wednesday,Apri12,2014, Battin Hall, Cary Memorial Building. Unanimously Adopted. A true copy. ��1-+�„ Attest: r wl Donna M Hooper, Town lerk __- --____ —___ ___ -_ _____ _ _ _. _- ---- ----- ---___ _ _ __ _ ___ _ ----_------- ----- - �--- _ ---___ __ 275 Apri12,2014 Adjourned Session of the 2014 Annual Town Meeting Moderator Deborah Brown called the fourth session of�the 2014 Annual Town Meeting to order 7:30 p.m.,Wednesday,April 2,2014,Margery M. Battin Hall;A quorum of 184 members present. Moderator Brown called for a recess for the presentation of the Sharyn Wong-Chan/Sara Harrington Diversity Award presented by Robert Harris, Lexington Public Schools,to Dr. Mary Anton-Oldenberg, Bowman School Principal. , ARTICLE 2: ELECTION OF DEPUTY MODERATOR,REPORTS OF TOWN BOARDS,OFFICERS, COMMITTEES,AND APPROVAL OF ELECTRO1vIC VOTING OPERATING RULES AND USE - 7:41 p.m. Deborah Mauger moved the additional report of the Town Manager be received. Unanimously Adopted. Town Manager Carl Valente provided updates on health insurance data, enrollment projection, and health insurance budget projection. 7:49 p.m. Joseph Pato moved the report of Sustainable Lexington be received. Unanimously Adopted. Mark Sandeen, Sustainable Lexington, reported. 7:58 p.m. Presented by Selectman Joseph Pata ARTICLE 5: APPROPRIATE FY2015 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 2015 under the provisions of M.G.L.Chapter 44, Section 53F'/z: Salaries $ 674,611 Expenses 3 89,400 Debt Service(non-exempt) 1,379,622 MWRA Assessment 6,037,972 Total $8,481,606 Said sum to be funded from water receipts and$250,000 from retained eamings. b) That the Town appropriate the foilowing sums of money to operate the Wastewater(Sewer)Division of the Deparhnent of Public Works during fiscal year 2015 under the provisions of M.G.L.Chapter 44, Section 53F'/z: Salaries $ 302,360 Expenses 345,650 Debt Service(non-exempt) 1,220,843 � MWRA Assessment 7.183,735 Total $9,052,588 Said sum to be funded from wastewater receipts and$50,000 from retained eamings. c) That the Town appropriate the following sums of money to operate the Recreation Department during fiscal year 2015 under the provisions of M.G.L.Chapter 44,Section 53F'/2: Salaries $ 704,615 Expenses 1,036,319 Debt Service(non-exempt) 100.000 Total $1,840,934 Said sum to be funded from recreation receipts and$375,000 from retained earnings. . Mr.Pato reported on requested motion,reporting unanimous support of the Board of Selectmen. 8:00 p.m. John Bartenstein reported unanimous support of the Appropriation Cominittee. 8:02 p.m. Following electronic vote tallying,the Moderator declared Article 5 adopted, on a vote of: Yes No Abstain 173+1* 0 3 [*Yes vote of Ricki Pappo not recorded electronically) 8:05 p.m. Presented by Selectman Peter Kelley. ARTICLE 6: APPROPRIATE FOR SENIOR SERVICE PROGRAIVI MOTION: That the Town appropriate$20,000 for the purpose of conducting a Senior Service Program,to be spent under the direction of the Town Manager;that to meet this appropriation$20,000 be raised in the tax levy; and that the Board of Selectmen be " authorized to establish rules and regulations for the conduct of the program. Mr.Kelley reported on operation of the Senior Service Program, and support of the Selectmen for this motion. Jonina Schonfeld reported the unanimous support of Appropriation Committee. 8:07 p.m. Town Manager Carl Valente reported account balance at end of FY13 -$17,684; Human Services Director Charlotte Rodgers reported on program's promotion and availability. Ms. Brodner inquired about how program is publicized. Mr. Valente requested Human 8:09 p.m. Following electronic vote tallying,the Moderator declared Article 5 adopted, on a vote of: Yes No Abstain 175 0 1 2�6 April 2, 2014 Adjourned Session of the 2014 Annual Town Meeting, cont... 8:11 p.m. Presented by Selectman Joseph Pato 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'/Z for the fiscal year beginning July 1,2014, as follows: Revolving Authorized Departmental Use of Fund FI'2015 Fund Representative or Receipts Authorization Board to S end " Building Rental Public Facilities Building Rental Personnel and Expenses Related to the $410,000 Revolving Fund Director Fees Rental of Faci]ities , DPW Burial Containers Public Works Sale of Grave Program Expenses $40,000 Director Boxes and Burial Vaults DPW Compost Public Works Sale of Compost Personnel,Benefits,Program $490,000. Operations Director and Loam,Yard Expenses and Capital Waste Permits PEG Access Board of Selectmen License Fees from CAT'V contract,equipment and $671,000 and Town Manager Cable TV related expenses,improvements to Providers Cary Memorial Building to enhance PEG Access broadcasfin ' Lexington Tree Fund Board of Selectmen Gifts,Fees and Program Expenses $25,000 Fines Minuteman HouseUold Public Works Fees Paid by Program Expenses $180,000 Hazardous Waste Director ConsoRium Pro am Towns Health Programs Health Director Medicare Program Expenses $14,000 Reimbursements Council on Aging Human Services Program Fees and Program Expenses $100,000 Pro ams Director Gifts Tourism/ Town Manager and Liberty Ride Program Expeuses $275,000 Liberty Ride Tourism Committee Receipts, including ticket sales,advertising revenue and charter sales School Bus Sclioo]Committee School Bus Fees Bus Transportation Expenses $830,000 Trans ortation Regional Cacl�e— Public Works User Fees from Program Expenses $20,000 Hartwell Avenue Director Participating Munici alities 8:12 p.m. Mr.Pato explained purpose and reauthorization needs, and reported unanimous support of the Board of Selectmen. Susan McLeish reported unanunous support of the Appropriation � Committee. David Kanter reported Capital Expenditure.Committee's unanimous support for the PEG access. 8:13 p.m. Following electronic vote tallying,the Moderator declared Article 7 adopted, on a vote of: Yes No Abstain 175 0 2 ARTICLE 2: ELECTION OF DEPUTY MODERA.TOR,REPORTS OF TOWN BOARDS,OFFICERS, COMIVIITTEES,AND APPROVAL OF ELECTRONIC VOTING OPERATING RULES AND USE 8:15 p.m. Rita Goldberg moved the report of the Cary Lecture Series be received and placed on file. Unanimously Adopted. Ms. Goldberg reported on the past year's programs and on the Committee's web site—www.cai-ylectureseries.or�. 8:20 p.m. Presented by Rita Goldberg,pr.3. ARTICLE 3: APPOINTMENTS TO CARY LECTURE SERIES MOTION: That a cominittee 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. Unanimously Adopted by voice vote. 8:20 p.m. A.RTICLE 2: Jill Hai moved the report, supplemental updates and errata sheets, of the Capital Expenditures Committee,be received and placed on file. Unanimously Adopted. Ms. Hai reported. 8:27 p.m. Selectman Deborah Mauger moved Article 9 be taken up. Unani.mously Adopted. � 8:28 p.in. Presented by Lisah Rhodes,Recreation Committee. ARTICLE 9: APPROPRIA.TE FOR RECREATION CAPITAL PROJECTS MOTION: That$51,000 be appropriated for Pine Meadows Golf Course equipment, and that to meet this appropriation$51,000 be appropriated from Recreation Fund Retained Earnings. Ms. Rhodes presented, and reported unanimous support of the Recreation Committee. 8:31 p.m. Peter Kelley reported unanimous support of the Board of Selectmen; Wendy Manz reported unanimous support of Capital Expenditures Committee; Richard Neumeier reported unanimous support of Appropriation Committee 8:33 p.m. Kaxen Simmons,Recreation Director responded to questions on user fees and process for crediting sale of old vehicles toward purchase of new vehicles. -- _ ____ _ - _-- --------.___ --- --- - __ —---- ____ ___-- --__ _ _- _ --- — ----- -----___ 277 April 2, 2014 Adjourned Session of the 2014 Annual Town Meeting, cont... 8:33 p.m. Following electronic vote tallying,the Moderator declared Article 9 Adopted, on a vote of: Yes No Abstain 176 1 3 Deborah Mauger moved Article 10 be taken up. Unanimously Adopted. 8:34 p.m. Presented by Selectman Joseph Pato. ARTICLE 10: APPROPRIATE FOR MUNICIPAL CAPITAL PROJECTS AND EQUIPMENT MOTION: That the following amounts be appropriated far the following capital � improvements and that each amount be raised as indicated: a) Center Streetscape Improvements and Easements-$600,000 for funding the design and engineering needed to develop plans and specifications necessary for bidding,and to take by eminent domain,purchase or otherwise acquire any fee,easement or other interest in land necessary therefor;and that to meet this appropriation the Treasurer,with the approval of the Board of Selechnen,is authorized to borro.w$600,000 under M.G.L.Chapter 44,Section 7(22),or any other enabling authority; b) DPW Equipment-$700,000 for the cost of deparhnental equipment for the Department of Public Works and all incidental costs related thereto,and that to meet this appropriation$216,500 be appropriated from the Water Fund Retained Eamings, $40,500 be appropriated from Wastewater Fund Retained Eamings,$14,560 be transferred from the unexpended proceeds voted under Article 10 of the warrant for the 2011 Annual Town Meeting,and the Treasurer,with the approval of the Board of Selectmen,is authorized to borrow$428,440 under M.G.L.Chapter 44,Section 7(9),or any other enabling authority; c) Street Improvements and Easements-$2,254,924 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 therefor,and that to meet this appropriation$2;254,924 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; d) Storm Drainage Improvements,NPDES Compliance and Easements-$340,000 for constructing and reconstructing storm drains 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 therefor;and that to meet this appropriation$70,000 be appropriated from the General Fund unreserved fund balance,and the Treasurer,with the approvai of the Board of Selectmen,is authorized to borrow$270,000 under M.G.L.Chapter 44,Section 7(1),or any other enabling authority; e) Hydrant Replacement Program-$100,000 for the replacement of fue hydrants and all incidental costs related thereto,and that to meet this appropriation$50,000 be appropriated from Water Fund Retained Eamings and$50,000 be appropriated from the General Fund unreserved fund balance; fl Comprehensive Watershed Stormwater Management Study and Implementation and Easements-$390,000 to fund watershed storm management projects 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 therefor;and that to meet this appropriation the Treasurer,with the � approval of the Board of Selectmen,is authorized to borrow$390,000 under M.G.L.Chapter 44,Section 7(1)or any other enabling authority; � g) Massachusetts Avenue Intersecrions Improvements and Easements-$500,000 for funding the design and engineering needed to develop plans and specifications necessary for bidding,and to take by eminent domain,purchase or otherwise acquire any fee,easement or other interest in land necessary therefor;and that to meet this appropriation the Treasurer,with the approval of the Board of Selectmen,is authorized to borrow$500,000 under M.G.L.Chapter 44,Section 7(22),or any other enabling authority; h) Sidewalk Improvements and Easements-$400,000 for rebuilding and repaving existing sidewalks and constructing new sidewalks and all incidental costs related thereto,and to take by eininent domain,purchase or otherwise acquire any fee, easement or other interest in land necessary therefor;and that to meet this appropriation the Treasurer,with the approval of the Board of Selectmen,is authorized to borrow$400,000 under M.G.L.Chapter 44,Section 7(6),or any other enabling authority; i) Dam Repair-$150,000 for funding design and engineering services for repairs to the dam at the Old Res;and that to meet this appropriation the Treasurer,with the approval of the Board of Selecrinen,is authorized to borrow$150,000 under M.G.L. Chapter 44,Section 7(22),or any other enabling authority; j) Townwide Culvert Replacement-$390,000 for the repair and replacement of culverts,and that to meet this appropriation the Treasurer,with the approval of the Board of Selectmen,is authorized to borrow$390,000 under M.G.L.Chapter 44,Section 7(1),or any other enabling authority; k) Townwide Signalization.Improvements-$125,000 for traffic and pedestrian signals,and that to meet this appropriation the Treasurer,with the approval of the Board of Selectmen,is authorized to borrow$125,000 be appropriated under M.G.L. Chapter 44,Section 7(14),or any other enabling authority; 1) Traffic Island Renovation-$83,000 for upgrading the traffic island at the intersection of Bedford Street and Hartwell Avenue, and that to meet this appropriation$83,000 be appropriated from the General Fund unreserved fund balance; m) Ambulance Replacement-$250,000 for the purchase of an ambulance,and that to meet this appropriation the Treasurer,with the approval of the Board of Selectmen,is authorized to borrow$185,000 under M.G.L.Chapter 44,Section 7(9),or any other enabling authority and that$65,000 be appropriated from General Fund unreserved fund balance; n) Heart Monitors-$105,000 for the purchase of heart monitors,and that to meet this appropriation$105,000 be raised in the tax levy. o) Replace Townwide Telephone Systems-Phase III-$260,000 for new telephone systems in town and school buildings,and r.._., 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(9),or any other enabling authority; pj Network Redundancy and Improvement Plan-Phase II-$140,000 to install redundant network paths to selected town �-. � buildings via additional fiber runs and wireless links,and that to meet this appropriation the Treasurer,with the approval of the Board of Selectmen,is authorized to borrow$38,913 under M.G.L.Chapter 44,Section 7(28),or any other enabling authority; and$13,856 be appropriated from General Fund unreserved fund balance and$87,231 be raised in the tax levy. 8:34 p.m. Selectman Joseph Pato reported the Selectrnen are in unaniinous support of Article 10. Jill Hail reported unanimous support of Capital Expenditures Committee on all sections requiring the two-thirds vote and for parts `e' and `n';not part `1'. Jonina Schonfeld reported unanimous support of Appropriation Committee for all sections, except `L'. 278 April 2, 2014 Adjourned Session of the 2014 Annual Town Meeting, cont... 8:44 p.m. Mem�bers spoke in support of section`a',questioned removal of utility poles, and other improvements previously funded. Public Works Director William Hadley explained scope of this project; Economic Development Director Melisa Tintocalis reported on area adjacent to 1775 Massachusetts Ave. 8:46 p.in. Dawn McKenna,pr.6,reported unanimous support of Tourism Committee for part `a'. 8:48 p.m. Charles Hornig,reported unanimous support of the Planning Board for part `a'. 8:48 p.m. Karen Longeteig,pr.2,Tree Committee, spoke tree planting along area in question, questioning technical specifications for tree planting,to which Public Works Director William Hadley " confirmed. . � 8:50 p.m. Public Works Director William Hadley responded to questions on brick sidewalk restoration,removal,replacement. Town Engineer John Livsey explained further plan for concrete and wire-cut sidewalk, and addressed questions on RFP process and determination. 8:55 p.m. David Kanter,pr.7,responded to questions on funding capital projects,possible debt exclusion to be determined by the Selectmen, likely be for large facility replacement projects. 8:57 p.m. Public Works Director William Hadley and Town Engineer John Livsey responded to questions on axeas on the drawing board for this season. 9:00 p.m. Joseph Pato reviewed section 10[b] & 10 [c]. 9:02 p.m. John Livsey reported on long-range plan for road improvements,Engineering road survey schedules, identifying Lexington road condition rating being higher than most area towns with data: 9:05 p.m. Joseph Pato reviewed section[d] , [e], [fJ, [g] - 9:07 p.m. Jill Hai reported unanimous support of Capital Expenditures Committee for section `g', to meet state selection criteria. Charles Hornig reported unanimous support of the _ Planning Board for[g]. 9:08 Joseph Pato reviewed section [h] ;Fire Chief John Wilson reported the one circuit of the fire alann system remaining on utility poles is due to be removed over upcoming weekend. 9:09 p.m. Joseph Pato reviewed section[i] , [j] & [k]. Public Works Director William Hadley responded to questions on missing road signage in Bedford St/Hartwell Ave area. 9:11 p.m. Joseph Pato reviewed section[l], � 1 Wendy Manz reported opposition by a majority of the Capital Expenditures Committee to `L'. I Jonina Schonfeld reported Appropriation Committee's support of[7 in favor,2 opposed]. �--J Alan Levine reported minority opinion. Charles Hornig,reported Planning Board's unanimous recommendation for approval of 10[L]. 9:15 p.m. Members spolce in support and opposition to 10 `L', question priority of Mass. DOT and area property owners. Economic Development Director Melisa Tintocalis reported preliminary approval from the Massachusetts Department of Transportation for a visibility site and efforts of a group of property owners from Hartwell Business Community 9;26 p.m. Selectman Joseph Pato clarified signage requirements, DOT involvement, and pedestrian access bus stop. Discussion ensued on proposed area improvements, available support,planned improvements for the island,possiUle `adoption' for maintenance,pedestrian access and public safety concems, and vacancy rates for businesses along Hartwell Avenue. 9:45 p.m. George Burnell,pr.7,Economic Development Committee, spoke in support. 9:51 p.m. Stewart Kennedy,pr. 8,called the question on Article 10,part [L]—Adopted. 9:52 p.in. Following electronic vote tallying,the Moderator declared Article 10 'L' Adopted, on a vote of: Yes No Abstain 97 79 4 9:55 p.m. Joseph Pato reported on 10 [m] - Public Worlcs Director William Hadley responded to questions on anticipated cost for article 10,part `a' —estimated at$6 to $6.5 million,to which Selectman Joseph Pato explained potential CPA funding eligibility for the Battle Green axea improvements, and Selectman Chair Deborah Mauger explained prioritization and funding plans for public safety building improvements. 9:58 p.m. Frank Sandy,pr.6,requested a sepaxate vote on part `a' . Moderator Deborah Brown informed members part `a' is to be voted separately. 9:59 p.m. Jill Hai, Capital Expenditures Committee,reported the report of the Capital Expenditures Committee addresses projected fmancing needs; Glenn Parker advised the report of the Appropriation Coinmittee does not include projected financing needs. Town Manager Carl Valente advised the `brown book' FY2015 budget boolc includes this project[10 `a'], and further explained annual borrowing, and that it is not likely the full project could be handled in one year. 10:04 p.m. Richard Michelson,pr.8,served notice of reconsideration on Article 10,part 'L' _ _.__— __ ___ ---- ---- __ ___ �_____ __ _ __ _ _ _ __--- - _--- -- _ 279 April 2, 2014 Adjourned Session of the 2014 Annual Town 11leeting, cont... 10:04 p.m. Joseph Pato reported on [n] & [o]. 10:05 p.m. Finance Director Robert Addelson responded to questions on funding sources,requested funding for VOIP telephone system, system implementation, and potential impact on proposed systems during power failures, and information included in `brown book' budget book. 10:17 p.m. Fire Chief John Wilson responded to questioning on VOIl'telephone system operation during power outages,reporting alternate means of communication should telephones be inoperable. � 10:20 p.m. Joseph Pato reported on item [p] and concluded with reporting unanimous support of the Board of Selectmen for all parts of Article 10,with particular support for 10 `a'. �__, 10:23 p.m. Following electronic vote on Article 10 [b,c,d,f,g,h,i�j,k,m,o;p] tallying,the Moderator declared the Motion Adopted by more than the necessary two-thirds, on a vote of: Yes No Abstain 173 0 3 10:25 p.m. Following electronic vote on Article 10 [e,n] tallying,the Moderator declared the Motion Adopted, on a vote of: Yes No Abstain � 175 0 3 10:27 p.m. Following electronic vote on Article 10 [a] tallying,the Moderator declared the Motion Adopted by more than the necessary two-thirds, on a vote of: Yes No Abstain 160 13 4 10:29 p.m. Deborah Mauger moved adjournment to 7:30 p.m.,Apri17,2014,Margery M. Battin Hall, Cary Memorial Building. Motion Adopted. A true copy. �� I Attest: � Do �Hooper � April 7,2014 Adjourned Session of the 2014 Annual Town Meeting 4 Moderator Deborah Brown called the fifth session of the 2014 Annual Town Meeting to order, 7:30 p.m.,Battin Hall, Cary Memorial Building;A quorum of 170 members present. 7:30 p.m. Moderator Brown provided reminders on meeting procedures and advised members on hand-held voting units to be assured votes are captured. ARTICLE 2: ELECTION OF DEPUTY MODERATOR,REPORTS OF TOWN BOARDS,OFFICERS, COMMITTEES,AND APPROVAL OF ELECTRO1vIC VOTING OPERATING RULES AND USE 7:37 p.m. Marilyn Fenollosa moved the report of the Community Preservation Committee,together with the update and errata sheet,be received and placed on file. Unanimously Adopted. Ms. Fenollosa reported,recapping the financial status of the CPA accounts and providing an overview of requested projects. 7:47 p.m. Presented.by Marilyn Fenollosa, Community Preservation Committee Chairperson. ARTICLE 8: APPROPRIATE THE FY 2015 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 FY2015 Community Preservation budget and,pursuant to the recommendations of the Community Preservation Committee,talce the following actions: That the Town reserve for appropriation the following amounts from estimated FY2015 receipts as recommended by the Community Preservation Committee: 1. $484,831 for the Open Space Reserve; �� 2. $484,831 for the Historic Resources Reserve; 3. $484,831 for the Community Housing Reserve;and 4. $3,393,817 to the Unbudgeted Reserve. And further,that the Town make appropriations from the Community Preservation Fund and other sources as follows: � a) That this item be indefmitely postponed; b) That$220,608 be appropriated for the design of improvements to the Visitor Center and to meet this appropriation$59,332 be appropriated from the Historic Resources Reserve of the Community Preservation Fund and$161,276 be raised in the t�levy. c) That$120,000 be appropriated for the Hasrings Park Gazebo Renovations and to meet this appropriation $120,000 be appropriated from the Historic Resources Reserve of the Community Preservation Fund; �o April 7, 2014 Adjourned Session of the 2014 Annual Town Meeting, cont... d) That$35,000 be appropriated for Historical Commission Inventory Forms for Listed Buildings and to meet this appropriation$35,000 be appropriated from the Historic Resources Reserve of the Community Preservation Fund; e) That$90,000 be appropriated for the Battle Green Streetscape Improvements and to meet this appropriation $63,000 be appropriated from the Historic Resources Reserve of the Community Preservation Fund and $27,000 be appropriated from the General Fund unreserved fund balance. � That$300,551 be appropriated for Vynebrooke Village Renovarions and to meet this appropriation $300,551 be appropriated from the Community Housing Reserve of the Community Preservation Fund; g) That$1,284,653 be appropriated for LexHAB Set-Aside Funds for the acquisition and creation of Community Housing at the Busa Properiy in compliance with the applicable"Guidelines for the Use of CPA �� Funding by LexHAB"as amended February 20,2013,and to meet this appropriarion$572,764 be appropriated from the Community Housing Reserve of the Community Preservation Fund and$177,236 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund;$84,653 be transferred `""' from the unexpended balance voted under Article 8(d)of the warrant for the 2011 Annual Town Meeting, and$450,000 be transferred from the unexpended balance voted under Article 8(g)of the warrant for the 2012 Annual Town Meeting; h) That$620,000 be appropriated for Lincoln Park Field Improvements and to meet this appropriation $200,000 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund,$231,000 be appropriated from the General Fund unreserved fund balance and$189,000 be appropriated from the Recreation Fund Retained Eamings; i) That$65,000 be appropriated for Park and Playground Improvements and to meet this appropriation $65,000 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund. j) That$100,000 be appropriated for Park Improvements-Athletic Fields,and to meet this appropriation $100,000 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund. k) That$85,000 be appropriated for Park Improvements-Hard Court Resurfacing,and to meet this appropriation$85,000 be appropriated froin the Unbudgeted Reserve of the Community Preservation Fund. 1) That$34,500 be appropriated for Parker Meadow Accessible Trail Design and Engineering and to meet this appropriation$34,500 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund; m) That$1,600,807 be appropriated for CPA Debt Service and to meet this appropriation$1,600,807 be appropiiated from the Unbudgeted Reserve of the Community Preservation Fund. n) That$150,000 be appropriated for the Administrative Expenses and all other necessary and proper expenses of the Community Preservation Committee for FY2015 and to meet this appropriation$150,000 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund. 7:50 p.in. Ms. Fenollosa reviewed parts 1-4 requested funding and reported earlier the unanimous support of the Community Preservation Cominittee on all parts of Article 8. Deborah Mauger reported unanimous support of the Board of Selectmen for all parts of Article 8. 7:50 p.in. David Kanter reported unanimous support of the Capital Expenditures Comxnittee for all � parts of Article 8,with comments to be made on parts `a', `b' & `g'. Glenn Parker reported unaniinous support of the Appropriation Committee for Article 8 except part `g' "�'' for which support is 7 in favor, 1 opposed, 1 abstention. 7:51 p.m. Following electronic vote on Article 8,parts 1-4 tallying,the Moderator declared the Motion Adopted, on a vote of: Yes No Abstain 156 1 3 7:53 p.m. Ms. Fenollosa provided introductory comments on subsequent requests for Article 8 parts (a) through(n). David Kanter reported unanimous support of the Capital Expenditures Committee for Indefinite Postponement of Article 8,part `a'. Following voice vote on Article S,uart`a',the Moderator declared the Motion for Indefinite Postponement Adopted. 7:53 p.m. Article 8, (b)-Visitor Center-Presented by Patrick Goddard,Director of Public Facilities. Mr. Goddard reviewed needs for facility update. 7:55 p.m. David Kanter reported support of Capital Expenditures Committee on scope the Selectmen agree is appropriate for funds to be authorized by the Selectmen. 7:56 p.m. Deborah Mauger reported unanimous support of the Board of Selectrnen,involving stakeholders for additional discussion for project scope, and Town Manager appointed working group to come to an agreement, Selectmen to request Tourism, Chamber of Commerce,Historical Society and Center Committee to clearly define project scope. 7:57 p.m. Barry Cunha,Lexington Chamber of Commerce, spoke on needs and support of request. 7:59 p.m. Patrick Goddard explained that tax levy funding request addresses possible work that would not qualify for CPA funds; David Kanter, Capital Expenditures Comrnittee, explained requested appropriation and required authorization by the Selectmen to allow for moving forward as long as the group comes to consensus. 8:04 p.m. Selectinan Deborah Mauger reported the project,through the Board of Selectmen, comes under the jurisdiction of the Public Facilities Department and explained proposed steps for approval by the Selectmen for inoving forward with any project. 8:06 p.m. Tourism Cominittee member Kerry Brandin reported initial requests for Visitor Center improvements had been brought forth approximately 3 years ago. _. - — ----------_---_ --_-- ---- ----__�--- -____ _ ___._ ___ _—__ _ _ __- --._ ----- - -- --- ��:1 April 7, 2014 Adjourned Session of the 2014 Annual Town Meeting, cont... 8:08 p.m. Following electronic vote on Article 8,part`b' tallying,the Moderator declared the Motion Adopted, on a vote of: Yes No Abstain 148 12 4 Article 8,part(c) -Hastings Park Gazebo 8:09 p.m. David Pinsonneault, DPW Manager of Operations,reported on requested action to restore � gazebo at Hastings Park. 8:11 p.m. Janet Perry, Commission on Disability,pr.9, spoke in support and of need for �_. accessibility. 8:12 p.m. David Pinsonneault responded to questions regarding utility poles and reported project will not include relocation of utility poles in Hastings Parlc. Marilyn Fenollosa reported underground utilities was not supported by CPC. Public Works Director William Hadley reviewed preliminary costs and explained more recent estimates are being sought from NSTAR and VERIZON. Mr. Hadley estimates total cost could be 300-350,000 for 3 poles. 8:.19 p.m. Mr. Pinsonneault reviewed proposed landscaping to be done to provide access and reported plans for further discussion with user groups, and lighting options to be assessed,including possible solar lighting. 8:22 p.m. Selectman Deborah Mauger reported the 2014 Lions Club request for use of Hastings Park had not yet been received nor discussed by the Selectrnen. David Pinsonneault reviewed existing and proposed grading, and soundness. Mr.Pinsonneault reviewed proposed work and cost estimates. 8:26 p.m. John Hayward,pr.5, called the question. Motion Adopted. 8:27 p.m. Following electronic vote on Article 8,part `c' tallying,the Moderator declared the Motion Adopted, on a vote of: Yes No Abstain 161 2 4 8:28 p.m. Article 8 (d)-Historical Commission Inventory Forms -Frank Kern,Historical Commission reviewed requested action and need for conducting additional research for inventory. 8:30 p.m. Mr.Kern responded to questions on solar panel installation and other work on listed -� properties and advised determination would be up to Building. Mr.Kern continued responding to questions, including additional properties to be added to listing, criteria to be used, and publishing on web site. 8:34 p.m. Following electronic vote on Article 8,part `d' tallying,the Moderator declared the Motion Adopted, on a vote of: ' Yes No Abstain 158 4 4 8:36 p.m. Article 8 (e)—Battle Green Streetscape-Marilyn Fenollosa reviewed request for streetscape improvements at Battle Green. David Pinsonneault reviewed requested action and responded to questions on funding request from tax levy for non-CPA eligible worlc. 8:38 p.m. Dawn McKenna, Tourism Committee, spoke on the approved Battle Green Master Plan and reported the unanimous support of Tourism Committee for support. 8:38 p.m. Following electronic vote on Article 8,part`e' tallying,the Moderator declared the Motion Adopted, on a vote of: � Yes No Abstain 161 2 2 8:40 p.m. Article 8 (f)-Vynebrook Village Renovations- Marilyn Fenollosa reported and Mr. Steve Keane, Lexington Housing Authority Executive Director,reviewed requested action, reporting requested funding is 1/3 of total project,with state grant contingent upon CPA funding for remainder. Mr.Keane provided update on Phase II of water remediation project for the property. _, Karen Mullins, Conservation Administrator, explained activity of Conservation&Engineering for stream management,including Vine Broolc. 8:44 p.m. Mr.Keane responded to questions on proposed work and anticipated costs, and reviewed process to be followed. 8:48 p.m. Following electronic vote on Article 8,part `fl tallying,the Moderator declared the Motion Adopted, on a vote of: Yes No Abstain 161 0 3 2$2 Apral 7, 2014 Adjourned Session of the 2014 Annual Town Meeting, cont... 8:50 p.m. Article 8 (g)—LeaHAB Set-Aside Funds Marilyn Fenollosa and William Kennedy, Co-Chair,Lexington Housing Assistance Boaxd,presented. Mr. Kennedy provided overview of LexHAB operations and purpose,reviewed requested action and selection process planned for this proj ect. 9:00 p.m. Selectman Deborah Mauger explained total project amount and extended thanks to � LexHAB, and reported unanunous support of the Board of Selectmen. 9:02 p.m. David Kanter reported unanimous support of the Capital Expenditures Committee. 9;02 p.m. Colin South, 8 Haskell St,addressed concerns and spoke in opposition. `� 9:06 p.m. Charles Hornig reported unanimous support of the Planning Board and spoke on demand for this proposed housing type. �--' 9:07 p.m. William Kennedy responded to questions on number of units proposed,public meetings held, and neighborhood issues. 9:11 p.m. Members spolce in support and opposition. 9:16 p.in. Jonathan Ludlow,46 Lowell St.,raised issues of concern and spoke in opposition to requested motion. 9:20 p.m. Michael Boudett,pr.4, questioned CPC on open space goals and status of lot 2A as open space? Ms. Fenollosa responded to questions on open space and reported lot 2A of this project is deemed to be open space and that property acquisition was for the purpose of open space and/or affordable housing. Ms.Fenollosa estimated'h acre of total property would be used for housing. 9:24 p.m. Discussion continued,with members speaking in favor and opposition, speaking to the process followed for community participation. 9:28 p.m. Danielle Boudreau, 3 Lowell St, spolce in opposition. 9:35 p.m. John Noonan,Hydrologist, commented on area, soil,and drainage. Project builder Carter Scott, Transformations, Inc,reviewed action to be taken during project to limit disruption to neighborhood during construction. 9:38 p.m. Discussion continued,with members speaking in favor and opposition. 9:40 p.m. Robert Pressman, Lexington Housing Partnership Program, spoke on LexHAB process and the meetings he attended. 9:43 p.m. William Kennedy responded to questions from members on the location of the proposed driveway from roadway intersections and advised members of the role of the pernutting process in dealing with possible issues. , Lester Savage,Lexington Housing Assistant Board,updated members on meeting with the Traffic Safety Advisory Cornrnittee and request traffic study on Lowell Street. 9:46 p.m. Mr. Carter Scott responded to questions on grade level and sewer line puinping. 9:47 p.m. Members continued to speak in support and opposition. � William Kennedy responded to questions on resident selection and impact on school enrollments. 9:59 p.m. Conservation Director Karen Mullins responded to wellhead protection axea questions. 10:02 p.m. Marsha Balcer,pr. 7, called the question. Motion Adopted 10:03 p.m. Following electronic vote on Article 8,part`�' tallying,the Moderator declared the Motion Adopted, on a vote of: Yes No Abstain 128 36 4 10:05 p.m. Article 8 (h)-Lincoln Park Field-Lisah Rhodes,Recreation Committee,reviewed requested action and reported unanixnous support of Recreation Comxnittee. Jessie Steigerwald reported unanimous support of the School Committee for Article 8 parts (h), (i), (j), and(k) and expressed thanks to the Recreation Department for supporting school programs. 10:11 p.m. Jill Hai, Capital Expenditures Committee,responded to questions on track age and , anticipated life. Recreation Department Director Karen Simmons addressed projects for which Recreation Enterprise Funding is and is not used. Selectman Deborah Mauger further explained established practice for use of Enterprise funds. 10:14 p.m. Following electronic vote on Article 8,part `h' tallying,the Moderator declared the Motion Adopted, on a vote of: Yes No Abstain 164 0 2 10:15 p.m. Article 8 (i)—Park and Playground Improvements—Lisah Rhodes,Recreation Committee;reported unanimous support of Recreation Committee. __--- —--___ _. _--- ___ _ __. - - ---- ----- -_ _ -- ___ __ .___---- — �— - '��'n �� April 7, 2014 Adjourned Session of the 2014 Annual Town Meeting, cont... 10:18 p.m. Following electronic vote on Article 8,part`i' tallying,the Moderator declared the Motion Adopted, on a vote of: Yes No Abstain 163 0 2 10:19 p.m. Article 8(j)-Park Improvements—Athletic Fields-Lisah Rhodes,Recreation Comxnittee, reviewed requested work and reported unanimous support of the Recreation Committee. 10:21 p.m. Following electronic vote on Article 8,part`j' tallying,the Moderator declared the Motion Adopted, on a vote of: Yes No A6stain 163 0 2 10:22 p.m. Article 8 (k)—Park Improvements—Hard Court Resurfacing—Lisah Rhodes, Recreation Committee,reviewed requested work and reported unanimous support of Recreation Committee. 10:24 p.m. Following electronic vote on Article 8,part `k' tallying,the Moderator declared the Motion Adopted, on a vote of: Yes No Abstain 162 0 2 10:24 p.m. Article 8 (1)—Parker Meadow Accessible Trail Design—Marilyn Fenollosa presented and Meg Landers,Parker Meadow Accessible Trail Working Group,reviewed requested work. 10:31 p.m. Following electronic vote on Article 8,part `1' tallying,the Moderator declared the Motion Adopted, on a vote of: Yes No Abstain 159 0 5 10:34 p.m. Article 8 (m)—CPA Debt Service-Marilyn Fenollosa reviewed obligation for previous projects, including Wright Farm, Community Center, and Cary Memorial Building project bonding. 10:35 p.m. Following electronic vote on Article 8,Uart`m' tallying,the Moderator declared the Motion Adopted, on a vote of: Yes No Abstain 161+1 1 2 (Yes vote for Helen Cohen not captured electronically) 10:36 p.m. Article 8 (n)—Administrative Expenses—Marilyn Fenollosa reviewed request. 10:38 p.m. Following electronic vote on Article 8,part`n' tallying,the Moderator declared the Motion Adopted, on a vote of: Yes No Abstain 162 1 2 10:39 p.m. Selectman Deborah Mauger moved adjournment to 7:30 p.m.,Apri19,2014,Margery M. Battin Hall, Cary Memorial Building. Motion Adopted. A true copy. n Attest: �`�� l Donna M. Hooper, Town Clerlc Apri19,2014 Adjourned Session of the 2014 Annual Town Meeting Moderator Deborah Brown called the 6th session of the 2014 Annual Town Meeting to order, 7:30 p.m., Apri19,2014,Margery M. Battin Hall, Cary Memorial Building; A quorum of 173 members present. 7:30 p.m. Moderator Brown called a recess for the Town Meeting Members Association to recognize Richard Michelson,precinct 8 member, for 50 yeaxs as town meeting member. 7:35 p.m. The Moderator called the meeting to order and declared the meeting open on Article 31. Planning Board Chair Charles Hornig directed members to the Planning Board Report for articles 30-32 for motion to be found on page 8 of the report. 7:38 p.m. Presented by Charles Hornig,Planning Board,pr. 8. ARTICLE 31: AM�ND ZONING BY-LAW—SITE PLAN REVIEW FOR PROJECTS OVER 10,000 SF 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, a copy of which is on file with the Town Clerk and the Planning Board, and further that non-substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of Lexington. ----- __ _ ____ .-- _ ___ . -- __ �—__ __— __ _ �J �� April 9, 2014 Adjourned Session of the 2014 Annual Town Meeting, cont... ARTICLE 31 Motion from Planning Board Report- That the Zoning Bylaw, Chapter 135 of the Code of the Town of Lexington,be amended as follows: In Part F of Table 1 "Perxnitted Uses and Development Standards,",Line F.1.02 delete"SP" and replace with"R"under the colurnns for RO,RS,RT, CN, CRS;CS, CB,CLO and CRO Districts, so that the amended section of Table 1 will now appear as follows: � RO RS RT CN CRS CS CB CLO CRO CM F. DEVELOPMENT STANDARDS—THE FOLLOWING DEVELOPMENT STANDARDS APPLY TO ALL Y y USES IN SECTION G TO P,INCLUSIVE,OF THIS TABLE IN ADDITION TO ANY STANDARDS SET FORTH 3.._, rt , THEREIN `� � � � � m F.1.02 Uses and structures with 10,000 or more " � square feet of gross floor area including the area of N � any existing structure,but not inctuding any floor R R R R R R R R R R o +—� area devoted to off-street arlan ,on a lot „�: �' w �U N Mr. Hornig reviewed requested action regarding commercial buildings over 10,000 sf and clarified � � residential buildings and certain other commercial buildings are not included. a� 0 � � 7:43 p.in. Michelle Ciccolo reported unanimous support of the Board of Selectmen. ,.�., Q, 7:47 p.m. Following electronic vote on Article 31 tallying,the Moderator declared the Motion `� � Adopted by more than the necessary two-thirds vote, on a vote of: N�� Yes No Abstain� � rr 142+1 5 4 � o � �t � � 7:47 p.m. Presented by Charles Horning,Planning Board. �� A,RTICLE 32: 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, a copy of which is on � file with the Town Clerk and the Planning Board, and furtlier that non-substantive "' y changes to the numbering of this bylaw be pernutted in order that it be in compliance m with the numbering format of the Code of Lexington. �, � �-� ARTICLE 32 Motion from Planning Board Report: - o That the Zoning Bylaw, Chapter 135 of the Code of the Town of Lexington,be amended as follows: � � Reference � §135-3.4 Existing RO RS RT CN CRS CS CB CLO CRO CM Table 1 A.2.01 Not more than 3 Y Y Y N N N N N N N line A.2.01 rooming units (page 7) proposed RO RS RT CN CRS CS CB CLO CRO CM A.2.01 Rooming units(not to Y Y Y N N N N N N N exceed 3) Comments Clarity §135-3.4 Existing RO RS RT CN CRS CS CB CLO CRO CM Table 1 A.2.02 Accessory apartment,by- Y Y N N SP SP SP SP SP SP lines A.2.02 right to A.2.04 A.2.03 Accessory apartment, SP SP N N SP SP SP SP SP SP (page 7) special permit A.2.04 Accessory apartment, SP SP SP SP SP SP SP SP SP SP accessory stsucture Proposed RO RS RT CN CRS CS CB CLO CRO CM � � A.2.02 Basic accessory Y Y N N SP SP SP SP SP SP �. _ apartment A.2.03 Expanded accessory SP SP N N SP SP SP SP SP SP apartment A.2.04 Accessory structure SP SP SP SP SP SP SP SP SP SP apartment Comments It is confusing to require a special permit for what is called a by-right accessory apartment so the name is being changed to basic accessory apartrnent. It is also confusing to have a special permit for different categories of apartments,only one of which is called a special pemut apartment. The text of the bylaw refers to 3 categories of accessory apartment—by-right accessory apartrnents,special permit accessory apartments and accessory structure apartments. The categories should be consistent between the text and the table so we are proposing to lead with the descriptive phrase,rather than putting it after a comma. 285 April 9, 2014 Adjourned Session of the 2014 Annual Town Meeting, cont... §135-4.4 Existing Public and institutional buildings,maximum height: Table 2 Proposed Institurional buildings,maximum height: (page 23) Comments In Table 1 Permitted Uses and Development Standards under the heading"B.INSTITUTIONAL USES" "Municipal buildings or uses"is listed as a principal institutional use,however"the Commonwealth and the U.S.government"is not listed,probably because they are exempt from municipal regularion.Municipal is the Town of Lexington,Consistency. §135-5.4.5 Existing 5.4.5 Lamps.Lamp types shall be selected for optimum color rendering as measured by their color- (page 44) rendering index(CRn,as listed by manufacturer. � � Proposed 5.4.5 Lamps.Lamp types shall be selected for oprimum color rendering as measured by their color L rendering index(CR�,as listed by manufacturer. Comments Remove hyphen as in the industry it is without a hyphen.Consistency §135-6.6.5.5 Existing 6.6.5.5 There shall be provided at least 150 square feet of usable open space for each resident. (page 61) Proposed 6.6.5.5 There shall be provided at leasf 150 square feet of open space for each resident. Comments The"useable"was removed as a technical correction by Article 47 of the 2009 ATM because the requirement for usable open space was removed by Article 49 of the 2008 AT'M;somehow it made it back into the document when reorganized and should be removed. §135-6.7.2 Existing 6.7.2.General.An accessory apartment is a second dwelling unit subordinate in size to the principal (page 62) dwelling unit on a lot,located in either the principal dwelling or an exisring accessory structure. The apartment is constructed so as to maintain the appearance and essential character of a one-family dwelling and any existing accessory shuctures. Three categories of accessory apartments are pernritted:by-right accessory apartments,which are permitted as of right,and special pernrit accessory apartments and accessory structure aparhnents,which may be allowed by a special pemut. Proposed 6.7.2.General.An accessory apartment is a second dwelling unit subordinate in size to the principal dwelling unit on a lot,located in either the principal dwelling or an exisring accessory struchue. The apartment is constructed so as to maintain the appearance and essential character.of a one-family dwelling and any existing accessory structures. Three categories of accessory apartments are permitted:basic accessory apartments,which are permitted as of right in certain residential districts and by special permit in other districts,and expanded accessory apartments and accessory structure apartments,which may be allowed by a special pernut. Comments It is confusing to require a special permit for what is called a by-right accessory apartment so the name is being changed to basic accessory apartment. It is confusing to have a category called special permit accessory apartment that does not include all accessory apartments that require a special permit so the name is being changed to expanded accessory apartment. � §135-6.7.6 Existing 6.7.6 By-Right Accessory Apartment.A by-right accessory apartment shall be permitted if the w.:.. (page 63) requirements set forth in§6.73 is satisfied and the following criteria are met:... 5.The entire structure containing the by-right accessory apariznent must have been in legal existence for a minimum of five years at the time of application for a by-right accessory apartment,except for minimal addirions necessary to comply with building,safety or health� codes,or for enclosure of an enhyway,or for enclosure of a stairway to a second or third story. Proposed. 6.7.6 Basic Accessory Apartment.A basic accessory apartment shall be permitted if the requirements set forth in§6.73 are satisfied and the following criteria are met: ... 5.The entire stracture containing the basic accessory apartment must have been in legal existence for a minimum of five years at the time of applicarion for a basic accessory apartment,except for minimal additions necessary to comply with building,safety or health codes,or for enclosure of an entryway,or for enclosure of a stairway to a second or third story. Comments It is confusing to require a special pernut for what is called a by-right accessory apartment so the name is being changed to basic accessory apartment.,also correcting grammar. §135-6.7.7 Existing 6.7.7 Special Permit Accessory Apartment. The SPGA may grant a special permit for a special permit (pages 63- accessory apartment,subject to the following: ... 64) 2.The gross floor area of the special permit accessory apartment shall not exceed 40%of the gross floor area of the swelling,excluding areas of shucture used for parking. 3.The special pemut accessory apartment shall be located in the principal shucture. Proposed 6.7.7 Expanded Accessory Apartment. The SPGA may grant a special permit for an expanded accessory apartment,subject to the following:... 2.The�oss floor area of the expanded accessory apartment shall not exceed 40%of the gross floor area of the swelling,excluding areas of structure used for parking. 3.The expanded accessory apartment shall be located in the principal shucture. Comments It is confusing to have a category called special permit accessory apartment that does not include all accessory apartment that require a special permit so the category is being renamed. §135-6.93 Existing 6.93.1 A site sensitive development(SSD)is the development of a parcel with configurarions of lots (page 67) allowing flexibility and creativity in residential development through reduction in minimum lot size... 6.93.2 A balanced housing development(BHD)...Instead of determining density by minimum lot size... Proposed 6.93.1 A site sensitive development(SSD)is the development of a parcel with configurations of lots allowing flexibility and creativity in residential development through reducrion in minimum lot area... 6.93.2 A balanced housing development(BHD)...Instead of detemuning density by minimum lot area... Comments The term lot area is used in Table 2. There is a definition of lot area but not lot size.Consistency 2`86 April 9, 2014 Adjourned Session of the 2014 Annual Town Meeting, cont.:. §135-6.9.16 Existing . 6.9.16 Accessory Apartments.The SPGA may authorize Special Pemut Accessory Apartrnents,as (page 71) described in§6.7.7 of this Bylaw,to be created within a site sensitive development... Proposed 6.9.16 Accessory Apartments.The SPGA may authorize Expanded Accessory Apartments,as described in §6.7.7 of this Bylaw,to be created within a site sensitive development... Comments Changed to reflect the new term used in§6.7. §135-73.5.8 Existing Revision of Special Permit and Changes of Use or Site Development Plans.After to the grant of a special (page 80) pernut... ' , Proposed Revision of Special Permit and Changes of Use or Site Development Plans.After the grant of a special T' permit... � Comments Correction of typo,remove"to" §135-8.5.2 Existing 8.5.2 Public Acquisition.If a public acquisition of land causes a lot to be rendered nonconforming... (page 82) Proposed 8.5.2 Government Acquisition.If government acquisition of land causes a lot to be rendered nonconforming... Comments clarity §135-10. Existing Communications equipment Shelter:A structure designed principally to enclose equipment used in Definitions. connection with wireless communication transmission and/or reception. (page 95) Proposed Communication equipment shelter:A structure designed principally to enclose equipment used in connection with wireless communication transmission and/or reception. Comments Correct the capitalization and inconsistent spelling §135-10. Existing Crawl space: ... Definitions Color rendering index(CRS):..; (page 95) Cutoff angle: ... Proposed Co-locafion: ... Color rendering index(CRS):... Commercial district: ... Comments "Color rendering index(CRI)"is out of order in the definitions. §135-10. Existing Motel: ... Definitions Motor vehicle body work:Repairs to motor vehicle bodies,including fenders,bumper and similar (page 101) components of motor vehicle bodies,but not the storage of vehicle for the cannbalization of parts Proposed Billboard: ... Body work,motor vehicle:Repairs to motor vehicle bodies,including fenders,bumper and similaz components of motor vehicle bodies,but not the storage of vehicle for the cannibalization of parts Comments Should be listed as"Body work,motor vehicle"and re-alphabetized to follow"Billboard"(page 94);Table 1,L.1.04 and L.1.05 use"body work",not motor vehicle body work §135-10. Existing One-hundred-year flood:... Definitions Open space,common: ... (page 101) Proposed Commercial vehicle: ... Common open space: ... Communications equipment shelter: ... Comments Common open space is listed under"open space,common";should be under"common open space"and re- alphabetized in the definitions §135-10. Existing One-hundred-year flood:See"base flood" Definitions Proposed Delete (page 101) Comments Base flood is not used or defined in the Bylaw so the reference is useless. User should refer to section 7.1 and the FEMA maps §135-10. Existing (There is no definition of peak period,although used in Bylaw.) Definitions Proposed Peak period:The period in which the highest traffic counts occur,usually the two hours between 7:00 a.m. (page 101) and 9:00 a.m.and between 4:00 p.m.and 6:00 p.m. Comments Based on peak hour definition.Clatity §135-10. Existing (There is no definition of peak traffic hours,although used in Bylaw) Definitions Proposed Inset after Peak period: (page 101) Peak traffic hours:see"peak period" Comments Inserted for clarity §135-10. Exisring Public:The Town of Lexington,Commonwealth of Massachusetts,United States Government or an agency Definitions thereof. (page 102) Proposed Delete Comments When used in the Bylaw"public"is used in this sense twice in the over 76 time"public"appears in the Bylaw,and those two instances can be clarified by other means __ ___- --__ _ _ __ � ___- -- __ _ _ _ _ _ _ 287 April 9, 2014 Adjourned Session of the 2014 Annual Town Meeting, cont... 7:47 p.m. Michelle Ciccolo reported unanimous support of the Board of Selechnen. 7:48 p.m. Following electronic vote on Article 32 tallying,the Moderator declared the Motion Adopted by more than the necessary two-thirds vote, on a vote of: Yes No Abstain 154 0 2 7:50 p.m. Richard Michelson,pr.8,�reported plans to move reconsideration of article 10 (1) on Wednesday,April 16th. 7:50 p.m. Deborah Mauger moved Article 26 be taken up. Unanimously Adopted. 7:51 p.m. Presented by Joyce Miller,pr.7, Conservation Commission_ ARTICLE 26: AMEND GENERAL BYLAWS—WETLAND PROTECTION MOTION: That the General Bylaws of the Town, Chapter 130 of the Code of the Town of Lexington,Wetland Protection,be amended as set forth in the motion attached �, a to the report of the Conservation Commission on this article, a copy of which is on file �b with the Town Clerk and the Conservation Commission, and further that non-substantive N � changes to the numbering of this bylaw be pernutted in order that it be in compliance � � with the numbering format of the Code of Lexingtori. N 6. o�c MOTIONfrom Conservation Commission-ARTICLE 26 � � That the Wetland Protecrion Bylaw,Chapter 130 of the Code of the Town of Lexington,be amended by delering in their �� r'Yr entirety Secrions 130-2, 130-3, 130-7, 130-8,arid 130-11 and replacing them with new Sections 130-2, 130-3, 130-7, 130-8 0 � and 130-11,so that the amended Bylaw will now read as follows,except that the underlined portions and the interlineations '� � in the text below are shown to indicate addirions and deletions,respectively,to the current Bylaw text for illustrative �'� purposes only and will not appear as underlining or interlineations in the Bylaw;as amended by this motion,and further that � � the Town Clerk be authorized to make non-substantive changes to the numbering of this Bylaw in order to make numbering G � conform to the numbering format of the Code of the Town of Leacington. �� Chapter 130,Wetland Protection N� §130-1.Purpose.[Added 3-26-1997 ATM by Art.25] iv� The purpose of this by-law is to preserve and protect the wetland resource areas and buffer zones of the Town of Lexington �rt by regularion of,and control of,acriviries deemed by the Conservation Commission to have significant or cumulatively �� detrimental effect upon the following interests and values,including but not limited to:public or private water supply; � groundwater supply;the prevention and control of flooding,erosion or sedimentarion,storm damage,other water damage ° � and/or pollution;the protecrion of surrounding land and other homes or buildings,aquatic life or wildlife,streams,ponds or � -" other bodies of water,and recreation. i� §130-2 Notice of Intent;Request for Detemunation of Minor Activitv Request for Determination of Applicability;Permit V Required. [Amended 3-25-1985 ATM by Art:9;3-26-1997 ATM by Art.25;3-24-1999 ATM by Art. 15] A. No person shall remove,fill,dredge,build upon or alter any bank,freshwater wetland,marsh,bog,wet meadow,swamp, creek,river,stream,pond,lake,vemal pool habitat,land under water bodies,land subject to flooding,or any land bordering thereon as hereinafter defined,or riverfiont area other than in the course of maintaining,repairing or replacing,but not substantially changing or enlarging,an existing and lawfully located structure or facility used in the service of the public and used to provide electric,gas,water,telephone,telegraph or other telecommunication services without first filing written notice of intent to so remove,fill,dredge,alter or build upon,including such plans as may be necessary to fully describe such proposed activity and its effect on the environment,and without receiving and complying with a permit issued by the Conservation Commission. B. If the nroposed acrivity is in"land bordering thereon"but outside any other area specified in this section and consists onlv of minor activities as hereinafter defined,the applicant may file a reQuest for determination of applicabilitv and of minor activitv in lieu of the reauired notice of intent. In such a case,the Conservation Commission will determine 11 whether this bvlaw is applicable to the Qroposed acrivity-21 if so whether the activitv constitutes"minor activities"under this bvlaw•or 3, whether � a notice of intent is reauired under this bylaw. If the bvlaw is inanvlicable to the pronosed acrivitv no further action is required. If the bvlaw is anvlicable to the proposed activitv but constitutes minor activities the Conservation Commission will consider whether the nroposed acrivitv with or without conditions will have si�nificant adverse impact on anv of the interests and values set forth in Section 130-1 of this bv-law. If the Conservation Commission determines that it will not have such imuact,the Conservation Commission will issue a determination of minor acrivitv and order of conditions imnosin�such conditions as are reasonablv necessary for the protection of those interests and values as described in Section 130-3(A1 of this b -�If the Conservation Commission determines that the pronosed activitv will have significant adverse impact on anv interests and values set forth in Section 130-1 of this by-law the Conservation Commission will require a Notice of Intent to be filed. - C. To establish the extent of borderine ve�etated wetland and other areas specified in this bv-law an applicant may file an abbreviated notice of resource area delineation for the confirmation of a delineated boundary of those areas on the site prior to filin�a reauest for determination of applicabilitv and of minor activity a rectuest for determination of applicabilitv or a notice of intent for nroposed work. Altematively such boundaiv may be deternuned through the filing of a notice of intent as set forth above. D�: Anv re4uest for determination of apnlicabilitv and of minor activity reQuest for determinarion of applicability or norice of intent for provosed work��et�s�shall be sent by certified mail to the Conservation Commission or filed at the Coqservarion Office in accordance with the general filing procedures.Each.such notice or re uest shall be accompanied by a filing fee to be determined in accordance with a fee schedule adopted by the Conservation Commission payable to the Town of Lexington.Such notice or request may be sent before any or all permits,variances and approvals required by the Zoning By-Law or by the Su�division Control Law and the regulations of the Planning Board thereunder have been obtained. 288 April 9, 2014 Adjourned Session of the 2014 Annual Town Meeting, cont... E�. , Within 21 days of the recei�t of an��request for defermination of anvlicabilitv and of minor activity or an��request for determination of applicabilitv the Conservation Commission shall••��-.��make a written determination as to whether this by-law is applicable to any land or work thereon. Where the-sasl�person recLuestine such a determination is other than the owner of the properlv at issue,notice of any such determination shall be sent to the owner and to the person making such request. §130-3.Hearing;notice;right of entry. [Amended 3-26-1997 ATM by Art.25;3-24-1999 ATM by Art.15] The Conservation Commission shall hold a public hearing on the proposed activity within 2138 days of the receipt of said rec�uest for determination of applicabilit�and of minor activity or of a notice of intent in anv case where this b ly aw applies. Legal notice of the time and place of said hearing shall be given by the Conservation Commission at the expense of the applicant not less than five days prior to such hearing by publication in a newspaper of general circulation in Lexington,and by delivering or mailing a notice thereof to the applicant,to the Board of Health,Board of Selectmen,the Town Engineer, Building Commissioner,Zoning Officer and the Planning Board,and to such other persons as the Conservation Commission may determine.Notice of the time and place of said hearing shall be given by the applicant,not less than five days prior to such hearing,to abutters within 100 feet of th.e property or lot(as determined by the most recent Assessor's records)on which the proposed activity is to take place.The Conservation Commission,the Town Manager,the Town Engineer,the Building Commissioner,the Zoning Officer,the Planning Board,their agents,officers and employees may enter upon privately owned land without liability of any kind for the purpose of performing the duties under this by-law. A. If considering a request for determination of a�plicabilitv and of minor activity after said hearine the Conservation Commission shall determine whether the activit�constitutes"minor activities"and whether a notice of intent is required,as described in section 130-2(Bl of this bv-law If the Conservation Commission determines that no notice of intent is required the Conservation Commission will issue a deternunation of minor activitv and order of conditions bv written order, within 21 days or such further time as the Commission and the applicant shall a�ree on either: 11 fmdine that the nronosed work constitutes"minor activities"and that no conditions are required•or 21 to impose any such conditions as are reasonablv necessary for the protection of the interests described herein and ali work shall be done in accordance therewith. The conditions may include but are not limited to a condition that certain land or portions thereof not be built unon or altered, filled or dredQed that streams not be diverted dammed or otherwise disturbed. B. �4:When reviewin�a notice of intent,i�f,after said hearing,the Conservation Commission determines that the land on which the proposed work is to be done is probably significant to public or private water supply,to the groundwater supply,to flood control,to control of erosion or sedimentation,to storm damage prevention,to other water damage prevention,to the prevenrion of pollution,to the protection of surrounding land and other homes or buildings,to aquatic life or wildlife,to the protection of streams,ponds or other bodies of water,or to the protection of recrearion,the Commission shall,by written order,within 21 days or such further time as the Commission and the applicant shall agree on,impose such conditions as are reasonably necessary for the protection of the interests described herein and all work shall be done in accordance therewith. The conditions may include,but are not limited to, a condition that certain land or portions thereof not be built upon or altered,filled or dredged,that streams not be diverted,dammed or otherwise disturbed.[Amended 3-25-1985 ATM by Art. 9;3-26-1997 ATM by Art.25;3-24-1999 ATM by Art.15] C. When reviewine a notice of intent,i�f the Conservation Commission makes a determination that the proposed activity does not require the imposition of such conditions,the applicant and all others who have received notice of such hearing by mail shall be notified of such determination within 21 days after said hearing. D. The Conservation Commission shall not impose additional or more stringent conditions as.a result of any hearing conducted by it pursuant to Massachusetts General Laws(1Vf.G.L.)Chapter 131,Section 40 than it has imposed pursuant to the provisions of this by-law,nor shall it require from an applicant who filed a notice of intent pursuant to M.G.L.Chapter 131, Section 40 additional materials or data than is required of him pursuant to the application filed under this by-law. [Amended 3-26-1997 ATM by Art.25;3-24-1999 ATM by Art. 15] §130-4.Exceptions. [Amended 3-25-1985 ATM by Art.9;3-24-1999 ATM by Art.15] This By-Law shall not apply to any emergency project as defined in M.G.L.Chapter 131,Section 40,to any mosquito control project authorized by any laws of the commonwealth or to any work performed for normal maintenance or improvement of land actively devoted to agricultural use at the tiine of application. §130-5.Enforcement. Any person who purchases,inherits or otherwise acquires real estate upon which work has been done in violation of the provisions of this by-law or in violation of any order issued under this by-law shall forthwith comply with any such order or restore such land to its condition prior to any such violation;provided,however,that no action,civil or criminal,shall be brought against such person unless such action is commenced within three years following the recording of the deed or the date of the death by which such real estate was acquued by such person.The Town Manager and the Board of Selectmen shall,upon request of the Conservation Coirunission,instruct Town Counsel to take such legal action as may be necessary to restrain a violation of this by-law,and enforce the orders of the Conservation Commission hereunder,and the Town Counsel shall forthwith comply with such instructions. §130-6.Rules and�regulations. The Conservation Commission may promulgate after due notice and public hearing rules and regulations to effectuate the purposes of this by-law.However,failure by the Commission to promulgate such rules and regulations or a legal declaration of their invalidity by a court of law shali not act to suspend or invalidate the effect of this by-law. §130-7.Burden of proof.[Amended 3-26-1997 ATM by Art.25;3-24-1999 ATM by Art.15] The applicant requestin�a determination of applicabilitv and of minor activity shall have the burden of provin�bv a preponderance of the credible evidence that the work progosed bv the applicant will not cause si�nificant individual or cumulative harmful effects to the interest sou�ht to be protected bv this bv-law as described in section 130-2(Bl of this bv- law. The applicant on a notice of intent shall have the burden of proving by a preponderance of the credible evidence that the work proposed by the applicant-k�in the�ris notice of intent will not cause significant individual or cumulative harmful efFects to the interest sought to be protected by this by-law.In assessing cumulative harmful effects,the Commission may consider the likely long-term effects of the proposed work as well as the likely effects of the proposed work when taken in conjunction with any prior work and any contemplated future work in the affected area.Failure to provide to the Conservation Commission adequate evidence for it to determine that the proposed work will not cause significant harm to the interest sought to be protected by this by-law shall be sufficient cause for the Conservation Commission to deny such _-- __ - __ _----------- -_ - --- � -_ __ _ __ _- _ _ _ _ -- -__ __-- __ _ . 289 April 9, 2014 Adjourned Session of the 2014 Annual Town Meeting, cont... pernut or to grant such permit with such conditions as it deems reasonably necessary or desirable to carry out the purposes of this by-law or to postpone or continue the hearing to another date certain to enable the applicant and others to present additional evidence,upon such terms and condirions as seems to the Commission to be just. §130-8.Definitions.[Amended 3-25-1985 ATM by Art.9;4-4-1990 ATM by Art.35;3-23-1992 ATM by Art.25;3- 26-1997 ATM by Art.25;3-24-1999 ATM by Art.15] The following definirions shall appiy in the interpretarion and implementation of this by-law: A. The term"applicant"as used in this by-law shall mean a person giving norice of intent to build,remove,fill,dredge or alter or requesting a determination of applicabilitv and of minor activitv. B. The term"person"as used in this by-law shall include any individual,group of individuals,associations, partnerships,corporations,business organizations,trust,estate,Commonwealth of 1Vlassachusetts when subject to Town by-laws,any public or quasi-public corporation or body when subject to Town by-law or any other legal entity,including _. the Town of Lexington or its legal representatives,agents or assigns. C. Protected resource areas definitions. (1) The terms"marsh," "freshwater wetland,""swamp," "wet meadow"and"bog"as used in this by-law shall be defined as set forth in M.G.L.Chapter 131,Section 40 and its regulations 310 CMR 10.04.Said resource areas shall be protected whether or not they border surface waters.The boundary of these wetlands is either the line within which 50% or more of the vegetation community consists of wetland plant species idenrified in M.G.L.Chapter 131,Section 40 or the line within which the soil conditions meet the technical criterion of a hydric soil as developed and revised by the National Technical Committee for Hydric Soils,whichever line or segment of line protects more wetlands in situations where two lines exist.[Amended 4-8-2002 ATM by Art.22] (2) The terms"river"and"riverfront area"as used in this by-law shall be defined as set forth in M.G.L. Chapter 131,Section 40 and its regulations 310 CMR 10.04. (3) The terms"bank,""creek," "stream,""pond,""lake,""vernal pool habitat," "land under water bodies,"and "bordering land subject to flooding"shall be defined as set forth in the regulations 310 CMR 10.04 of M.G.L.Chapter 131,Section 40. [Amended 4-8-2002 ATM by Art.22] (4) "Land bordering thereon"shali be defined including any land within either of the following: (a) One hundred feet horizontally lateral from the edge of any bank,freshwater wetland,bog,marsh,wet meadow,swamp,creek,river,stream,pond,lake,vernal pool habitat,land under water bodies or land subject to flooding. (b) One hundred feet horizontally lateral from the water elevation of the one-hundred-year storm or whichever is the greater distance of Subsecrion C(4)(a)or(b). (5) The term"isolated land subject to flooding"shall mean an area;depression or basin that holds at minimum � one-eighth acre foot of vvater to an average depth of at least six inches once a year.This shall not include swimming pools,artificially lined ponds or pools,or constructed wastewater lagoons.[Added 4-8-2002 ATM by Art.22] D. The word"alter"shall be defined as including but not limited to one or more of the following actions upon �` ` areas described in this by-law: (1) The removal,excavarion or dredging of soil,sand,gravel or aggregate material of any kind; (2) The changing of pre-exisring drainage characteristics,flushing characteristics,salinity distribution, sedimentation patterns,flow patterns and flood storage retention areas; (3) The drainage or disturbance of the water level or water table,the dumping,discharging or filling with any material which could degrade the water quality; (4) The driving of piling,erection of buildings or structures of any kind; (5) The placing of obstructions whether or not they interfere with the flow of water; (6) The destruction of plant life,including the cutting of trees,which might result in environxnental damage to the land or a part thereof rendered by this by-law; (7) The changing of water temperature,biochemical oxygen demand and other natural characteristics of the receiving water; (8) Any activities,changes or work which pollutes any stream or body,of water,whether located in or out of the Town of Lexington. E. The term"minor activities"as used in this by-law includes: (1) Structures that add no more than 100 square feet of impervious surface and are located at least 50 feet from aq� specified in Section 130-2.A except"land bordering thereon;" (2)Landscane plantinQ,tree removal,invasive species management,or utility connections providing that all such activities take nlace at least 25 feet from any area specified in Secrion 130-2 A except"land bordering thereon•" (31 Anv minor activitv listed in 310 CMR 10:02(21(b)(l�provided that any structure listed there add no more than 100 square feet of imnervious surface. £:F.The Conservarion Commission may in its rules and regulations provide such other definitions,or terms used in this by- law,as it deems useful in order to carry out its obligations under this by-law. §130-9.Fee for consultant services. [Added 3-24-1999 ATM by Art.15] A. Upon receipt of a permit application,the Conservarion Commission is authorized to require an applicant to pay a fee for the reasonable costs and expenses bome by the Commission for specific expert engineering and other consultant services deemed necessary by the Commission to come to a final decision on the applicant.The specific oonsuitant services -- may include but are not limited to resource area survey and delinearion,analysis of resource area values,including wildlife habitat evaluarions,hydrogeologic and drainage analysis,and environmental or land use law. B. The Commission may require the payment of the consultant fee at any point in its deliberations prior to a final decision in accordance with rules and regulations adopted by the Conservation Commission.The exercise of discretion by the Commission making its deternunation to require the payment of a consultant fee shall be based upon its reasonable finding that additional informarion acquirable only through outside consultants would be necessary for the making of an objective decision. §130-10.Security. The Conservation Commission may,as part of its order of condirions,require,in addition to any security required by any other.town or state board,commission,agency or officer,that the performance and observance of the conditions imposed hereunder be secured by one;or in part by one and in part by the other of the methods described in the following Subsections A and B: 290 April 9,2014 Adjourned Session of the 2014 Annual Town Meeting, cont... A. By a proper bond or a deposit of money or negotiable securiries,sufficient in the opinion of the Conservation Commission to secure performance of the conditions and observance of the safeguards of such order of conditions. B. By a covenant,executed and duly recorded by the owner of record,running with the land,whereby the conditions and safeguards included in such order of conditions shall be performed before any lot may be conveyed other than by mortgage deed. §130-11.Order of conditions.[Added 3-26-1997 ATM by Art.25;amended 3-24-1999 ATM by Art.15] A. All orders of conditions shall expire three years after the date of issuance.The Conservation Commission shall have , the authority to extend an order of conditions for an additional period or may deny such extension,according to regulations r promulgated under authority of this by-law. B:, For good cause,the Conservation Commission at a public hearing may revoke or modify an order of conditionss a determination of minor activitv and order of conditions or a determination of applicability issued under this by-law, after notice to the holder of the order of conditions or detetmination of applicability,and notice to the public,abutters and town boards,pursuant to§ 130-3.Good cause for such revocation or modification shall include the following: (1) Failure by the applicant or his successors to comply with the terms of the order of conditions.determination of minor acrivitv and order of conditions or determination of applicability; (2) The receipt of new information relating to the project,which indicates that previous information presented to the Conservation Commission was inaccurate;or (3) Changes to the project after completion of the Conservation Commission's review. §130-12.Violations and penalties. [Amended 3-25-1985 ATM by Art.9] Whoever violates any provision of this by-law shall be punished by a fine of not more than$300.Each day or portion thereof of conrinuing violation shall consritute a separate offense.This by-law may be enforced by any town police officer or other officer having police powers. §130-13.Severability.[Amended 3-25-1985 ATM by Art 9] The invalidity of any section or provision of this by-law shall not invalidate any other section or provision thereof,nor shall it invalidate any order of conditions which has previously become final. 7:53 p.m. Conservation Commissioner Philip Hamilton presented requested action to bring the bylaw in agreement with state requirements. 7:56 p.m. Peter Kelley reported unanimous support of the Board of Selectmen. 7:57 p.m. Following electronic vote on Article 26 tallying,the Moderator declared the Motion Adopted, on a vote of: Yes No Abstain 153 0 5 7:57 Deborah Mauger moved articles 24 &25 be taken up. Unanimously Adopted. 7:58 p.m. Presented by S. Bijan Afshartous,pr.L ARTICLE 24: PUBLIC TRANSPORTATION IN LEXINGTON (Citizen Article) MOTION: Resolved: That the Board of Selectmen be requested to explore with the MBTA the possible expansion of service to the Town to accommodate late night and weekend riders on bus routes serving Lexington. , 7:59 p.m. Mr.Afshartous reviewed requested action and imporfance of expanding bus service. 8:02 p.m. 1Vlichelle Ciccolo reported unanimous support of the Board of Selectmen. 8:02 p.m. Elaine Dratch,pr.5,reported unanimous support of the intent of the article by Transportation Advisory Committee, and reviewed possible funding impact. 8:05 p.m. Mr. Afshartous responded to question on support of axea communities for MBTA services, commenting on absence of infonnation. 8:07 p.m. Dawn McKenna, Tourism Committee,reported on need for Sunday service and on efforts of Committee to seek such during tourism season. 8:08 p.m. Mr. Afshartous provided closing comments. 8:09 p.m. Town Manager Carl Valente reported approximate current FY MBTA assessment to Lexington-$670,000. 8:09 p.m. Richaxd Canale,pr.9, spoke to values for expanded service and support. 8:10 p.m. Following electronic vote on Article 24 tallying,the Moderator declared the Motion Adopted, on a vote of: , Yes No Abstain 155 3 3 8:11 p.m. Presented by Selectman Peter Kelley. ARTICLE 25: ESTABLISH QUALIFICATIONS FOR TAX DEFERRALS MOTION: That this article by indefinitely postponed. Mr.Kelley reported support of the Board of Selectmen. John Bartenstein,Appropriation Comrnittee, explained no need for changes at this time. Motion Unanimously Adopted by voice vote. _--- -____ -— _ - -_ _ ___ __- -- - - -- _ _ __ __ _ __--- - _ �_ ---- 291 April 9, 2014 Adjourned Session of the 2014 Annual Town Meeting, cont... 8:13 p.m. Presented by Selectman Michelle Ciccolo. ARTICLE 11: APPROPRIATE FOR WATER SYSTEM IMPROVEMENTS MOTION: That 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$607,000 be appropriated from Water Fund Retained -- Earnings and the Treasurer with the approval of the Board of Selectmen is authorized to borrow$293,000 under M.G.L. Chapter 44, Section 8(5) 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. 8:13 p.m. Ms. Ciccolo reported unanimous support of the Board of Selectmen. Jill Hai reported unanimous support of the Capital Expenditures Committee. John Bartenstein reported unanimous support of the Appropriation Committee. 8:14 p.m. Following electronic vote on Article 11 tallying,the Moderator declared the Motion Adopted by more than the necessary two-thirds vote, on a vote of: Yes No Abstain 160 0 2 8:16 p.m. Presented by Michelle Ciccolo ARTICLE 12: APPROPRIATE FOR WASTEWATER SYSTEM IMPROVEMENTS MOTION: That: (a)the Selectmen are hereby authorized to install sewer mains and sewerage systems and replacements thereof,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, r..,.., in accordance with Chapter 504 of the Acts of 1897,as amended,or otherwise,and to take by eminent domain,purchase or otherwise acquire any fee,easement or other interest in land necessary therefor;to appropriate for such installation and land acquisition the sum of$1,200,000,and to raise such amount �- - $300,000 be appropriated from Wastewater Fund Retained Earnings,and the Treasurer with the approval of the Board of Selectmen is authorized to borrow$900,000 under M.G.L.Chapter 44,Section 7(1)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;and(b)$600,000 be appropriated for pump station upgrades and all incidental costs related thereto;and to raise such amount $600,000 be appropriated from Wastewater Fund Retained Earnings. 8:16 p.m. Ms. Ciccolo reviewed requested action and reported unanimous support of the Board of Selectmen. 8:16 p.m. Jill Hai reported unanimous support of the Capital Expenditures Committee. John Bartenstein reported unanimous support of the Appropriation Committee. 8:17 p.m. Following electronic vote on Article 12 tallying,the Moderator declared the Motion Adopted by more than the necessary two-thirds vote, on a vote of: Yes No Abstain 161 0 2 . 8:19 p.m. Presented by Alessandro Alessandrini, School Committee. ARTICLE 13: APPROPRIATE FOR SCHOOL CAPITAL PROJECTS AND EQUIPMENT MOTION: That the foilowing amounts be appropriated for the following school capital improvements and that each amount be raised as indicated: a) School Classroom Furniture-$261,594 for the purchase of classroom furniture,and that to meet this � appropriation$261,594 be appropriated from the General Fund unreserved fund balance; b) School Technology-$1,110,000 for maintaining and upgrading the Lexington Public Schools' ``�' technology systems,including new equipment in connection therewith and that to meet this appropriation the Treasurer,with the approval of the Board of Selectmen,is authorized to borrow $1,100,000 under M.G.L.Chapter 44,Section 7(28),or any other enabling authority; c) School Traffic Mirigation for Safety-$30,000 to conduct detailed analyses and identify mitigation measures to improve school traffic safety,and that to meet this appropriarion$30,000 be appropriated from the General Fund unreserved fund balance;and d) School AED Replacement-$30,500 to replace existing Automaric External Defibrillators and purchase additional ones,and that to meet this appropriation$30,500 be appropriated from the GeneraY Fund unreserved fund balance. 292 April 9,2014 Adjourned Session of the 2014 Annual Town Meeting, cont... Alessandro Alessandrini reported unanimous support of the School Committee. Norman Cohen reported unanimous support of the Board of Selectmen for the capital request. Jill Hai reported unanimous support of the Capital Expenditures Comtnittee. Mollie Garberg reported unanimous support of the Appropriation Committee. 8:22 p.m. Following electronic vote on Article 13 tallying,the Moderator declared the Motion Adopted by more than the necessary two-thirds vote, on a vote of: Yes No Abstain � 160 0 4 8:22 p.m. Presented by Selectman Deborah Mauger. ARTICLE 14: APPROPRIATE FOR PUBLIC FACILITES 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 Envelop and Systems Program-$230,000 for design,repairs and modifications to prevent deterioration of school building exteriors and building systems,and that to meet this appropriation$230,000 be appropriated from the General Fund unreserved fund balance; b) Lexington High School Heating Systems Upgrade—Phase 2 and 3-$75,000 for funding the design � and engineering needed to develop plans and specifications necessary for bidding,and that to meet this appropriation the Treasurer,with the approval of the Board of Selectmen,is authorized to borrow $75,000 under M.G.L.Chapter 44,Section 7(22),or any other enabling authority; c) Municipal Building Envelope and Systems-$178,302 for design,construction,repair and replacement projects for the maintenance and upgrades of municipal buildings and systems,and that to meet tliis appropriation$178,302 be raised in the tax levy; d) Schooi Extraordinary Repairs-$423,750 for School Building flooring,window ri•eatment repairs, interior painting,middle school nurses stations,renovation and update of Diamond kitchen and cafeteria and Clarke gymnasium dividing curtain,and that to meet this appropriation$423,750 be appropriated from the General Fund unreserved fund balance; e) School Paving Program-$100,000 for designing,constructing and maintaining school parking and paved pedestrian surfaces,and that to meet this appropriation$100,000 be appropriated from the General Fund unreserved fund balance; fl East Lexington Fire Station Physical Fitness Room-$75,000 for constructing a room on the apparatus floor that is atmospherically controlled,and that to meet this appropriation$75,000 be appropriated from the General Fund unreserved fund balance; g) Public Facilities Bid Documents-$75,000 for professional services to produce design development, � construction documents,and bid administration services for capital projects,and that to meet this appropriation$75,000 be appropriated from the General Fund unreserved fund balance; h) Middle School Science,PerForming Arts and General Education Spaces-$40,000 for funding the evaluation of the use of existing educational space in the middle schools to determine what opportunities exist for improving space utilization,and that to meet this appropriation$40,000 be appropriated from the General Fund unreserved fund balance; i) Clarke School Elevator Upgrade-$275,000 for reconstructing and making extraordinary repairs to the Clarke School elevator,and that to meet this appropriarion$371 be transfened from the unexpended proceeds voted under Article 19c of the warrant for the 2009 Annual Town Meeting,$10,295 be transferred from the unexpended proceeds voted under Article 13e of the 2011 Annual Town Meeting, $1,438 be transferred from the unexpended proceeds voted under Article 8L of the 2010 Annual Town Meeting,$358 be transferred from the unexpended proceeds voted under Article 14b of the 2008 Annual Town Meeting,$11,862 be transferred from the unexpended proceeds voted under Article 8i of the 2003 Annual Town Meering,$180 be transferred from the unexpended proceeds voted under Article 15c of the 2009 Annual Town Meeting,$121 be transferred from the unexpended proceeds voted under Article 13b(ii)of the 2011 Annual Town Meeting,$1,130 be transferred from the unexpended proceeds voted under Article 13k of the 2011 Annual Town Meeting,$14,573 be h•ansferred from the unexpended proceeds voted under Article 14 of the 2011 Annual Town Meeting, $161,266 be raised in the tax levy,and the Treasurer,with the approval of the Board of Selectmen,is authorized to borrow$73,406 under M.G.L.Chapter 44,Section 7(3A),or any other enabling authority; j) Clarke School Auditorium Audio Visual System-$69,300 for funding the replacement of the sound system and the addition of a projection system to facilitate visual presentations,and that to meet this appropriation$69,300 be appropriated from the General Fund unreserved fund balance;and k) Fire Station Headquarters Design—That this item be indefinitely postponed. Deborah Mauger reviewed requested action and reported unanimous support of the Board of .- Selectmen. Mary Ann Stewart reported unanimous support of School Committee for all parts except for parts c,f,k. 8:25 p.m. David Kanter reported unanimous support of the Capital Expenditures Committee . except for part(d),with 4 in favor and 1 opposed. Mollie Garberg reported unanimous support of the Appropriation Committee. 8:26 p.m. Patrick Goddard responded to questions on prioritization of school and municipal projects,bid processes, and capital projections for FY2016. Selectman Mauger explained even with identified need for a new fire station, the E. Lexington station would be maintained and exercise room is needed. _--- _ _ ___ __ _- --- � _-- ---- __ _ _ _ ___ _---- ---- ___--, -____ ��`:� � April 9, 2014 Adjourned Session of the 2014 Annual Town Meeting, cont... 8:33 p.m. Following electronic vote on Article 14,parts a,c,d,e,f,�,h,j tallying,the Moderator declared the Motion Ado ted, on a vote of: Yes No Abstain 159 0 4 8.:34 p.m. Following electronic vote on Article 14 narts b &i tallying,the Moderator declared the Motion Adopted by more than the necessary two-thirds vote, on a vote of: � Yes• No Abstain 161 0 3 �. _, 8:35 p.m. Following a voice vote on Article 14 part `k',the Moderator declared the Motion Unanimously Adopted. 8:36 p.m. Presented by Selectman Deborah Mauger. ARTICLE 15: APPROPRIATE TO POST EMPLOYMENT INSUItANCE LIABILITY FUND MOTION: That$1,119,000 be appropriated to the Town of Lexington Post Employment Insurance Liability Fund, as established by Chapter 317 of the Acts of 2002, and that to meet this appropriation$119,000 be appropriafed from the General Fund unreserved fund balance and$1,000,000 be raised in the tax levy. 8:38 p.m. Ms.Mauger reviewed requested action and reported unanimous support of Board of Selectmen. Finance Director Robert Addelson responded to questions on fund investment return rate. Members spolce in support and opposition,questioned the funding approach of Lexington compared with peer towns. Town Manager Carl Valente reported a wide range of approaches are taken. Selectman Deborah Mauger reported allocation recommendation between 35%to 100% 8:50 p.m. Town Manager Carl Valente addressed payment liabilities and size of this liability vs pension unfunded liability. 8:57 p.m. John Haywaxd,pr.5,called the question. Motion Adopted. 8:58 p.m. Following electronic vote on Article 15 tallying,the Moderator declared the Motion j Adopted, on a vote of: IYes No Abstain �` , 143 13 7 , 8:59 p.m. Deborah Mauger moved to take up articles 18 & 19. Unanimously Adopted. 8:59 p.m. Presented by Selectman Norman Cohen. ARTICLE 18: APPROPRIATE TO STASILIZATION FUND MOTION: That this article be indefinitely postponed. David Kanter reported unanimous support of the Capital Expenditures Committee. Glenn Parker reported unanimous support of the Appropriation Committee. 9:00 p.m. Following a voice vote the Moderator declared the Motion Unanimously Adopted. 9:01 p.m. Presented by Selectman Norman Cohen. ARTICLE 19: APPROPRIATE FROM DEBT SERVICE STABILIZATION FUND MOTION: That$124,057 be appropriated from the Debt Service Stabilization Fund to offset the FY2015 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 as refunded with bonds dated December 8,2011. Mr. Cohen reviewed requested action and reported unanimous support of the Board of Selectmen. Jill Hai reported unanimous support of the Capital Expenditures Conunittee: John Bartenstein reported unanimous support of the Appropriation Committee. Margaret Coppe reported the,support of the School Committee. 9:03 p.m. Bonnie Brodner,pr3, questioned if this motion provides for lower taxes. Town Manager Carl Valente responded to questions on tax rate implication and state reimbursement, explaining the impact of this motion. 9:05 p.m. Following electronic vote on Article 19 tallying,the Moderator declared the Motion Adopted by more than the necessary two-thirds vote, on a vote of: Yes No Abstain 163 0 2 9:06 p.m. Deborah Mauger moved articles 20&22 be taken up. Unanimously Adopted. ?�.f'7 `,� April 9, 2014 Adjourned Session of the 2014 Annual Town Meeting, cont... 9:07 p.m. Presented by Selectman Norman Cohen. A,RTICLE 20: APPROPRIATE FOR PRIOR YEARS' UNPAID BILLS MOTION: That$30,940 be appropriated to pay unpaid bills for goods and services rendered to the Department of Public Works for fiscal years 2013 and that said bills be paid from funds appropriated for FY14 from line item 3100-3500 DPW Expenses as approved under Article 4 of the 2013 ELnnual Town Meeting. Norman Cohen reported unaiumous support of the Board of Selectmen. Robert Cohen reported r'� unanimous support of the Appropriation Committee. Norman Cohen responded to questions on the I unpaid bills and confirmed the bills pertain to street lighting. —✓ 9:09 p.m. Following electronic vote on Article 20 tallying,the Moderator declared the Motion Adopted by more than the necessary four-fifth vote, on a vote of: Yes No Abstain 163 2 2 9:11 p.m. Presented by Selectman Norman Cohen. ARTICLE 22: APPROPRIATE FOR AUTHORIZED CAPITAL IMPROVEMENTS MOTION: a) That the Town appropriate$98,378 from the premium paid to the Town upon the sale of bonds issued for the Bridge,and Bowman School Reconstruction as authorized under Article 2 of the November 14, 2011 Special Town Meeting and$147,815 from the premium paid to the Town upon the sale of bonds issued for the new Estabrook School as authorized under Article 2 of the Apri12,2012 Special Town Meeting,which are the subject of Proposition 2%z debt exclusions,to pay costs of the projects being financed by such bonds;and ' b) That the appropriation of$7,700,000 for the purchase and installation of modular classrooms at the High School and all incidental costs related thereto approved under Article 4.of the November 4,2013 Special Town Meeting be amended to$8,195,000,and that to meet this appropriation the Treasurer, with the approval of the Board of Selectmen,is authorized to borrow$7,700,000 under M.G.L. Chapter 44,Section 7(9),or any other enabling authority,and$495,000 be raised in the taac levy 9:11 p.m. Moderator Brown advised meeting could discuss both Articles 22 & 16 together. � Nonnan Cohen reviewed requested action of both parts of Article 22 -2 and reported unanimous support I of the Board of Selectmen. Jill Hai reported unanimous support of the Capital Expenditures Committee. � Glenn Parker reporfed unanimous support of the Appropriation Committee. ""' 9:16 p.m. Town Manager Carl Valente explained status of high school modular classroom bid. 9:19 p.m. Following electronic vote on Article 22 parts a &b tallying,the Moderator declared the Motion Adopted by more than the necessary two-thirds vote, on a vote of: � Yes No Abstain 157 1 6 9:20 p.m. Presented by Selectman Norman Cohen. 'I ARTICLE 16: RESCIND PRIOR BORROWING AUTHORIZATION MOTION: That the unused borrowing authority as set forth below be and is hereby rescinded: Article# Town Meeting Project Description Amount to be ' Rescinded 11 d 2012 ATM Pazk Improvements—Athletic Fields $7,173 14, 2011 ATM Street Betterment(Frances Road) $33,000 ; 12e 2012 ATM DPW Equipment $12,307 , 13b 2010 ATM Rehabilitating Standpipes $20,000 ' 2 Nov.2011 STM BridgeBowman Reconstruction $98,378 ' 2 Apri12012 STM Estabrook School Construction $147,815 Selectman Norman Cohen explained rescission of unused debt and reported unanimous support of the Board of Selectmen. David Kanter reported unanimous support of the Capital Expenditures Corrunittee. Glenn Parlcer reported unanunous support of the Appropriation Coinmittee. 9:24 p.m. Following electronic vote on Article 16 tallying;the Moderator declared the Motion Adopted, on a vote of: Yes No Abstain ' 163 0 2 9:27 p.m. Moderator declared brief recess. 9:44 p.m. With Meeting back to order, Selectman Deborah Mauger moved the Report of the Town ' Manager be received. Adopted. ___ _ _ _ _ -- -_ _ __ _ --- -__ -- ,-_..--� -- -_ _ -----_.____ __. � _____ 2��5 April 9, 2014 Adjourned Session of the 2014 Annual Town Meeting, cont... ARTICLE 2: ELECTION OF DEPUTY MODERATOR,REPORTS OF TOWN BOARDS,OFFICERS, COMIVIITTEES,AND APPROVAL OF ELECTROIVIC VOTING OPERATING RULES AND USE Town Manager Carl Valente reported(supplement 2, dated Apri19,2014) on use of capital stabilization fund on reducing impact on budget. Mr. Valente reviewed debt service funding sources,impacting Article 17. 9:51 p.m. Presented by Selectman Deborah Mauger. � ARTICLE 17: ESTABLISH AND APPROPRIATE TO AND FROM SPECIFIED STABILIZATION FUNDS �--- MOTION: a) That$950,000 be appropriated from the Capital Projects/Debt ServiceBuilding Renewal Fund to offset debt service for projects excluded from the limits of Proposition 2'h;and� b) That$5,910,726 be appropriated to the Capital Projects/Debt Service ReserveBuilding Renewal Fund; and to meet this appropriation$3,186,309 be appropriated from the General Fund unreserved fund balance,and$2,724,417 be raised in the tax levy. c) That$93,777 be appropriated to the Transportation Demand Management/Public Transportation Stabilization Fund,and to meet this appropriation$93,777 be transferred from the TDM special revenue account. d) That$40,000 be appropriated to the Traffic Mitigation Stabilization Fund,and to meet this appropriation$40,000 be transferred from the Traffic Mirigation special revenue account. Ms. Mauger explained she will be offering amendment in response to notification from Superintendent Paul Ash on his intention to request School Coxnmittee for$250,000 to begin a facilities master planning update in response to the worlcing group for school enrollment projections and concerns for future enrollment increase. A proposal is anticipated in June 2014 for a$250,000 appropriation. Amendment will be brought forth to amend Article 17 to reserve$250,000 rather than take it at this time. Glenn Parker reported unanimous support of Appropriation Comrnittee on original motion,with 2 now opposed to amended motion and 6 in support. Jill Hai reported unanimous support of Capital Expenditures Committee to original and newly amended motion. Maxgaret Coppe reported unanimous support of School Committee.to amended motion. Ms. Mauger spoke to parts of motion and reported the unanimous support of the Board of Selectmen. David Kanter reported the Capital Expenditures Committee takes no stand on subsection(c). 10:00 p.m. Discussion ensued,re: future facilities master plan, costs, and funding sources. 10:08 p.m. Following electronic vote on Article 17 tallying,the Moderator declared the Motion Adopted by more than the necessary two-thirds vote, on a vote of: Yes No Abstain 146 5 5 10:10 p.m. Presented y Selectman Norman Cohen ARTICLE 21: AMEND FY14 OPERATING AND ENTERPRISE BUDGETS MOTION: This this article be indefinitely postponed. Unanimously Adopted by voice vote. Moderator Deborah Brown declared the meeting has completed all articles on warrant. 10:11 p.m. Deborah Mauger moved dissolution of 2014 Annual Town Meeting. 10:11 p.m. Edith Sandy,pr.6, questioned intention to move reconsideration of Article 10(1). Mrs. Sandy encouraged not to dissolve but reconvene on Wednesday April 16 10:13 p.m. David K.anter,pr.7,would have moved reconsideration on behalf of Mr.Michelson but due to time defeat dissolution and spealc to reconsideration. 10:14 p.m. Members questioned fairness for reconsideration and motions. 1Q:19 p.m. Richard Michelson responded on plans for reconsideration of Article 10 (1), and David �^ Kanter explained main points for -size of island, safety implication on doing work, issue � of site lines at island. 10:21 p.m. Scott Burson moved to end debate. Motion Adopted on voice vote. 10:21 p.m. Following electronic vote on Dissolution tallying,the Moderator declared the Motion Not Adopted, on a vote of: Yes No Abstain 59 78 15 10:23 p.m. Dawn McKenna questioned'custom'to reconsider on this eveni.ng,where is authority. Moderator Deborah Brown explained it is the Moderator's authority to not allow reconsideration this evening and that the meeting will reconvene Wednesday evening Apri1 16th. 296 April 9, 2014 Adjourned Session of the 2014 Annual Town Meeting, cont... 10:24 p.m. Selectman Deborah Mauger moved the meeting adjourn unti17:30 p.m.,April 16,2014, Battin Hall, Cary Memorial Building. Motion Adopted. �� ' /�-T'��y ��.-��t��Vl ; �u�'t(.�E�. April 16, 2014 Adjourned Session of the 2014 Annual Town Meeting Moderator Deborah Brown called the seventh session of the 2014 annual town meeting to order at 7:30 p.m.,April 16,2014,Margery Battin Hall, Cary Memorial Building. A quorum of 162 members ` present. � W James Osten announced plans for members marching in the 2014 Patriot's Day paxade. 7:33 p.in. Moderator Brown recognized former Town Meeting Member Stephen T. Russian who recently passed away. 7:34 p.m. Dan Fenn,pr3,rose for point of personal privilege. Mr.Fenn spoke to an anonymous letter on Town Meeting Members information table. 7:37 p.m. Moderator reviewed plans for the evening, announcements, and requested attendance check via electronic vote system,recording a total of 147 members present. 7:40 p.m. Moderator recognized David Kanter,pr.7,who reviewed plans for reconsideration of Article 10 (1). 7:41 p.m. David Kanter moved reconsideration of Article 10 (1) and reviewed reasons for reconsideration. 7:46 p.m. Joseph Pato, Selectman,reported unanimous opposition to reconsideration. ' 7:47 p.m. Jill Hai reported opposition to reconsideration by the Capital Expenditures Committee on a vote of 3 opposed and 1 in favor. 7:47 p.m. Charles Horning reported Planning Board opposition to reconsideration on a vote of 3 opposed and 1 in favor. 7:47 p.m. Glenn Parker reported unanimous support of the Appropriation Cominittee for reconsideration. 7:48 p.m. Richard Michelson,pr.8, spoke in support of reconsideration and reasons for original opposition to the motion. 7:50 p.m. Joseph Pato responded to questions on log size. 7:54 p.m. John Pompeo,pr.7, spoke in opposition to reconsideration. 7:56 p.m. Edith Sandy,pr.6, questioned the Appropriation Committee on its change in position on this article from original position. Glenn Parker responded that support of reconsideration doesn't mean a change in position on the actual request. 7:57 p.in. Robert Rotberg,pr.3, spolce in support of reconsideration and of interest in hearing all , infonnation. 7:57 p.m. Albert Zabin,pr.l, spoke in support of reconsideration, and justification for reconsideration. 7:59 p.m. Toin Diaz,pr.4, spoke in opposition to reconsideration and his opinion on any new information, doesn't hear material reason for doing so. 8:00 p.m. Joel Adler,pr.l, spolce in support of reconsideration and prior funds expended on studies of the area. 8:01 p.m. Gerald Paul,pr.4, spoke in support of reconsideration. 8:02 p.m. Anthony Galaitsis,pr.5,questioned proponents for reconsideration on merits presented. David Kanter responded to questions on safety aspects presented. " 8:03 p.m. Dirk Armstrong,pr.l, spoke in support of reconsideration and on purpose for the evening's meeting. Moderator Brown called for quorum checic- 154 present. Following electronic vote on reconsideration of Article 10 (1)tallying,the Moderator declared the Motion Adopted, on a vote of: Yes No Abstain 97 59 23 8:07 Presented by Selectman Joseph Pato. ARTICLE 10: APPROPRIATE FOR MUNICIPAL CAPITAL PROJECTS AND EQUIPMENT 1) Traffic Island Renovation-$83,000 for upgrading the traffic island at the intersection of Bedford Street and Hartwell Avenue,and that to meet this appropriation$83,000 be appropriated from the General Fund unreserved fund balance; -____ --- ---_-- -- . _ T -- __- __ _- - _ ___ ___ __ -- _-- ------ -------�------ 297 April 16, 2014 Adjourned Session of the 2014 Annual Town Meeting, cont... 8:07 p.m. Melisa Tintocalis,Economic Development Director, presented project worlc: Ms. Tintocalis reviewed issues and recommendations. - Town Engineer John Livsey spoke to issue of crosswalks and bus shelters not being part of this article,being looked at under separate articles. Mr. Livsey spolce to state involvement in this axea. David Pinsonneault,Department of Public Works Operations Manager, spoke to maintenance cost and work done by DPW, future adopt-an-island program, and other projects undertaken by town. 8:22 p.m. Tom Ragno,property owner of 3 buildings on Hariwell Ave; expressed support and of importance for improvements to attract and maintain businesses. 8:25 p.m. Joseph Pato reported unanimous support of the Board of Selectmen. 8:25 p.m. Jill Hai,reported Capital Expenditures Committee opposition,with 3 opposed and 1 in favor. Glenn Parker reported the support of the Appropriation Committee on a vote of 5 in support and 3 opposed. 8:27 p.m. Charles Hornig reported unanimous support of the Planning Board. 8:30 p.m. Richard Canale,pr.9, spoke in support. 8:32 p.m. David Kanter,pr.7, spoke on merits of his opposition. 8:35 p.m. John McWeeney,Economic Development Advisory Committee, spolce in support, on goals and priorities of EDAC, and on merits of proposed work. 8:41 p.m. Melisa Tintocalis responded to questions from the members on requests made of Hartwell Ave area property owners and tenants. 8:43 p.m. Charles Hornig responded to questions on earlier studies, funds spent for the studies of the area, and value at this time of a different climate and period of time. 8:46 p.m. Town Engineer John Livsey provided further information of benefits of earlier study and work moving forward based upon study. 8:48 p.m. Members spoke in support and opposition. 8:53 p.m. Chris Baxnett, 19 Eldred St, spoke in support of proposed work. 8:55 p.m. Selectman Deborah Mauger clarified earlier comments on trees in the island and tree rulings made by the Massachusetts DOT. 8:56 p.m. Selectman Joseph Pato reported there is no claim to this project addressing safety _. concerns and that there are other projects the Town is pursuing to address safety,this article and this motion-no claims to safety. 8:59 p.m. Members continued to speak in support and opposition. 9:04 p.m. Gale Druga, 15 Heritage Dr, spoke in support of improving the area. 9:05 p.m. David Pinsonneault responded to questions on proposed landscaping and safety impact, indicating proposed shrub plantings fall below threshold, so no concerns. 9:06 p.m. Comments continued in support and opposition, commenting on the desirability of the area. 9:19 p.m. Tatiana Koretskaia, 34 Eldred St, spoke in support. 9:22 p.m. Deborah Strod,pr.6, called the question. Motion Adopted. 9:26 p.m. Following electronic vote on Article 10 (I)tallying,the Moderator declared the Motion Adopted, on a, vote of: Yes No Abstain 83 77 2 9:27 p.m. Selectman Deborah Mauger moved the 2014 Annual Town Meeting be dissolved. Motion Ado ted by voice vote. A true copy. p Attest: U',�.�il.�'�� Donna M. 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Q � � (D (D I�A I�n N � 1�/1 N I�if � V�i 1�I1 1�/1 I�n (D (D fD (D (D N (D (D (D (D (D (D � N IA VI IA � VE Cl N C1 ID 7 7 � � < < -G -G < < -< < � -G � < �G < < -G � < -G < < -G < < -G � < < N � � . N N N fD N N N N N N N N fD fD N N N N N (D (D N fD N (D fD f� N �n �n v+ �n �n �n v+ v� �n v� in v+ v+ �n in �n �n C� v+ in N fD 3 3 � -G < � -G < < < -G < < < �G < � � -G � < -G < < < � < -G � < -G � „� n N N N N N fD N N N N N (D N (D fD (D �D N N (D N N (D N N (D N N In Vf VI In Vf VI In In Cl N fD 7 7 �? D -G < < < Z < � Z "� Z Z Z � Z Z Z Z �G < < �G < < -G < < �G � -G < � � n .� � I�il N IA (D (D (D (D (D (D (D fD (D (D (D (D (D (D N rT (D (D rT O N N O N O O O N O O O O `n v� �n �n �n in v� p� in ¢� N � 7 7 � � ' V < -G < < < < -G < � -G -G < < � < < < < < -G -G � -G � < < < � -G < N 3. � � . rc ro m ro m m �o ro �o ro �o m ro r�o ro co r� �u �o m �o m r� �o ro ro ro ro ro � N N N /� 1/� 1/� N N In p! VI N p! fD � � D < <" -< �G < < -f < � -G -G -G < � � < � < -G -G < < -G < -G -G � < < � _. n N (D fD N N N N N N N � N N N N N N N fD N (D N N fD (D N .' N fD .�. IA N 1/� N N N V� V1 N 1/� V� N VI N N N Ol fD � � � � < -< -G < � -G -< � < < -G -G -G < < < < -G < < � < -G < < -G � -G < � �. n � fD N (D N N (D (D N N (D N N fD N (D N N N (D N (D fD fD N N (D (� ft N (D Uf VI Vf IA VI Vf N VI Vf N V1 1/� N VI Vt VI V1 V1 IA IA Uf 1/� IA 0/ N Ol N IN � 3 � ,{ � "� "'� � 'L '� � � � "'� � -� '� � � � � "'� '� � � '� � � '� N '� � y�j .F n . � � � � � � � � � � � � �N � � � � � N � � � � N � � � � t/� N Vf f/� IA N 1/� IA 1n N Cl V1 N � ' 7 7 � < < �G < � -G 1 < < < < � -G -G � < -G < � < < < -G -G < < 6 < -G N _ n . N N N N N N N N N N N (� fD (D fD (D N fD (� N N N N N N (D N �D .' In 1I� VI 1/� (/� N Vf N VI VI Vf IA Vf Vf Uf VI 1/� IA N IA Vf G1 N C1 ID � � � � � � � � � � � � � � � � "� � � � � � � � � � � � � � � � � A m �o ro m m r� ro m rc ro ro m �o m m ro ro m m �o m ro m m ro m m m ro 3 1A V1 Vf 1I� N N IA tI� V1 Vf IA SU � d A 7 3 � < -L < < '< -G � '� -G � -G -G � '� -G � '� '< < � 'C < � �G � � < < � �—�' � fD (D (D !D (D fD z fD fD (D (D fD !D fD fD (D fD (D (D fD (D (D !D fD fD (D K fD fD K 3 n IA {/� N Vf N tn Q tA 1/� Vf tA In IA Vf tA In !I� 1/� IA Vf Vf tn (A 1I� tn IA N Vf tA G! fD 7 7 00 __ ' _ "__'__.___—__—____ -_.__'""_""" ___..._ . ........__"__.. ..._ .__._______--.._...__ . �_._—_-_._ _'___—_ _"—_'______. . _ `._.___-._—._ 305 � i � � , � , GI tn VI vl VI V1 VI V1 V1 vf V1 VI V1 IA VI �/1 VI VI �V1 VI V1 VI VI VI t/1 VI N VI N i y C U1 N 4J UJ v O1 U1 Ul UJ N a1 UJ UJ N U1 N OJ N N N N N UJ N N U1 aJ N I - � } > >- } > >- �- > >- r �- r � > r >- r r r r r r r r r r r r� ¢ 00 � GJ VI vl VI N V1 VI VI N VI N VI t/1 N vl N VI VI VI VI VI vl VI VI � E ai a� v a� ai a� m ai ai ar v a� a� a� m a� v ai m a� a� a� ar a� ai a� ai a� � > r r r > > r >- >- r > >- r >- r } r r r r >- r r r > r > r a '�-_� �o � � M vl vl vl N N vl V1 f0 VI vl VI VI vl VI N u1 v1 N vl t/1 vl vl N vl t/1 vl N V — N N N UJ N G1 U1 N i� N U1 Q1 al U/ N U1 U1 N N N N v U/ U1 O1 N N v :� > > >- > > r r r � r > >- r >- > r r > r r >- > r y r r > r ¢ a � � VI 1A VI N VI N VI VI VI N 1/1 VI VI N VI N VI N VI N VI VI VI VI N VI VI V Y } } } } �- } } r } } } } r } } } } } �- } } } } } } } } � a � GI N VI VI 1A VI VI N VI VI VI N VI VI N VI VI N 1n VI VI V1 H VI VI VI V1 vl y •� N al N U1 N N N O1 Gl U1 Ql UJ O1 Ul N N G1 Ql N N N N U1 N N 41 N Ql � r r r > > r � r > >- >- >- r y r >- � r y >- > r >- y > > r > ¢ 00 G7 VI IA VI VI VI VI N VI N VI VI 1/1 � V •— al 41 Q1 O1 N 4/ N Q1 N N N O1 UJ U1 v UJ 4/ U1 N Q/ N O1 N 4/ O1 N 4/ U1 � r > > r �- > > >- > > r r > r > > r > > > r r r r > >- r > a 00 � W �n v� �n �n �n �n �n v� �n v� �n �n v� in �n in in �n �n v� in �n v L U1 N v U1 U/ 4J U1 N N O1 O1 O1 UJ N N N O1 N N U/ U1 N U1 N U1 N N N N � } } } } } } } } } y �. } �. } } } } } > y y } } > } > >. }' � ¢ n .. _ w �L' O/ 0 VI vl N � tn 0 VI 0 VI - N VI VI VI VI V1 VI V1 VI 0 VI N N N a � � vvvv v v vvvav � v vv� vvvv v v vv vv z > a� r >- z r z r z >- >- y r > z > r > >- r r r r r z r r r >, ¢ I 00 c � VI VI VI N 1A N t/1 VI VI VI VI VI VI 1A V1 VI VI VI N VI VI VI VI VI 1n � V1 VI VI VI {,1 v- 4/ N U1 O1 Ul Ol N N Ql 41 N N 41 N N N N v Q) v. 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N 4/ N 41 N N O1 U1 UJ Q1 N Q1 U1 U1 UJ N OJ al N N Q1 OJ N UJ N Q/ Ul � �- > > > r r > >- > r r > r > >- r r >- r r �- r �- r r > r �- �- � �- ¢ co c d VI VI VI t/1 In 1A VI VI VI 1A N VI tA N �/1 VI VI Vl f0 VI V1 VI VI N VI V � Q1 OJ Ul N 41 N U/ Q1 N O1 U1 N U1 N O1 U1 N G1 N UJ N �/ N +� � } } } } } } } } } } �.. } } } } } y �. } } r r r s } } r } } } r a Q � C � VI V1 VI VI N VI 16 N VI N N VI VI VI N �VI t/1 VI VI VI vl VI VI VI N {J V N U/ UJ 41 UJ Ul N N U/ Y G1 O1 aJ aJ N UJ 41 C/ U/ UJ� U1 N al N O1 � N OJ U1 N OJ � ' } } } } } } } } } � } } } } } } } } } } } } } - } } z } } } } } ¢ a � � � H � i/1 N VI VI VI VI VI 0 VI � N - IA VI VI 'N VI N tn VI VI VI V � } � } z 4/ N N a/ Q1 N Q� N 01 Ul Ql N Ql N QJ Q) Q/ N � U1 N � N U/ aQ r r r > >- > >- >- z >- z > r >- r > r � > r z r >- z > r � N C . . � VI N N N VI VI 1A VI VI N VI N N VI (0 N VI VI 1n VI N 1n y i � N 41 O1 N U/ N N GJ N U1 N N O1 N UJ N O1 U1- 41 �' � � > >- r > >- >- r >- r > > y r > >- > r r r ,a r r r > r > r r Q a Q V C �� N N N N N N N N N N N N N N N Cn m m M (h �'�1 M m m fn M M M m m m M M �vl M f�'7 a � � � � � .n j � i i I �' � � I c � � Q � d 00 � C C m C I . 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Q N >- r >- r r r r > > >- r r > ,� ,-� 3 v ~ u � � � � � � � � � � �, � m m � a� ` ic a� a� a, a, v v a, a� v a, a, v a, �n o �n n N } } } } } y } } } } } } } �.y �..� p a O _ _ � � y N N V1 IA VI N VI VI VI N VI VI tn [� a • N N N UJ N Ul N N N Ul N 41 N N � . " m r r r r r r > r >- >- >- > > ,��, � � c a c y � � V V1 V1 N VI VI VI VI VI VI VI VI M OO � i,� �"I N O1 N N U1 4/ N U/ N N �N N N m r r r r r r > r r r r > r ,a-� "' ,.�.� a` Y � �� Q� � � Q� � n` �% � v � Q 'C�' T O c' �. '^ � y w - - � � Z Y a ' N �.= o E `n v — v � u u p o '� ai > � a� ai � v a� ' � � °� � ai .�_' c .-� r� > �' :� � � z (O fLf 41 N � CD C C N N V1 L N d C "Q � � � � � f0 f0 f0 i ' � � `-' ; � � o 0 o v �u �o �a m �o ra u � � � � � o 0 0� *' i '++ � �� c� uvc� vLL � � � � � � � � aac > � F- ►- i--j ¢ ._....... � N v� y ! I � a� o' I j I � v E m E z � .� "c v I 3 N '° -� � _ -� O �"� �, � C J J W O Y d � d �L � !n OC Q '"�' y � a � �, � 'i c E ` m � V �" ? C � � C L.D � � Y Y � � � ++ L Y C Q � O i � � v O c� L c� c@ �o � p `� � L cu '� c@ 7 Q 1 LL -� d' = K G � C G I S � � J J CJ -� J G � '�'�`� A Special Election of Town Meeting Members of Precinct Three was held on Monday, June 16, 2014 at 6:30 p.m. , Cary Memorial T3uilding, to elect a member to serve until the March 2015 Annual Town Election, to fill the vacancy created by the resignation of Patrick R. Mehr, 31 Woodcliff_e Rd. A quorum of 13 precinct three Town Meeting Members was present. Meeting Chairman - . Franklin Smith, Clerk - Shirley Frawley. The election was held bv secret ballot, counted by the Chairman and Clerk. Results as f.ollows: Michael Martignetti - 5; Sarah J. Nathan - 8. Sarah J. Nathan, 95 Bridge St was declared elected to serve until the March 2015 Annual Town Election when the remaining 1-_year term will appear on the ballot. �,-� Chairman /s/ Franklin Smith; Clerk /s/ Shirlev R. Frawley �' June 16, 2014 ;�; � A True Copy: �� Attest: �� Donna M. Hooper, Town erk �f� '�: �. � ,.--.- , J- _ _ ___ ___ _ __ _ _ _ __ _ ___ ____ _____.___ _, _ _ ___ _____ _ __ , ___ -' '�,��'�F'�.I June 16,2014 Special Town Meeting Moderator Deborah Brown called to order the 2014 Special Town Meeting,Monday, June 16, 2014 at 7:30 p.m., Margery M. Battin Hall, Cary Memorial Building; A quorum of 157 members present. Town Clerk Donna M. Hooper read the Special Town Meeting Warrant until waived. The Town Clerk read the Constables Return of Service. The Moderator reviewed the procedures for the hand-held voting units and welcomed Sarah Nathan, newly elected Precinct 3 Town Meeting Member, elected by precinct members to fill �� the recent vacancy. ARTICLE 1: REPORTS OF COMMITTEES 7:40 p.m. Glenn Parker, pr.3,moved the report of the Appropriation Committee be received& placed on file. Unanimously Adopted. 7:41 p.m. Jill Hai,pct. 4,moved the report of the Capital Expenditures Committee be received &placed on file. Unanimously Adopted 7:42 p.m. Marilyn Fenollosa,pr.5,moved the report of the Community Preservation Committee be received &placed on file. Unanimously Adopted. 7:42 p.m. Charles Horning,pr.8,moved the report of the Planning Board be received&placed on file. Unanimously Adopted. Mr. Hornig reported on the zoning articles and announced the resignation of Board member Gregory Zurlo, effective June 17, 2014. 7:50 p.m. Presented by Edmund Grant, pr.6. Mr. Grant reported he will recuse himself from voting on articles 2- 4. Mr. Grant reviewed procedures to be followed by the proposed developer, Artis Senior Living, and referenced the revised MOU in the evening's handouts. Moderator Deborah Brown recognized Jay Hicks, Senior Vice President, Artis Senior Living. 7:52 p.m. Mr. Jay Hicks presented ARTICLE 2: AMEND ZOl�TING BYLAW—430 CONCORD AVENUE � MOTION: To amend the Code of tlie Town of Lexington Zoning By-Law Sections and the Zoning Map of the Town of Lexington by changing the district designation of the � land described in a certain metes and bounds description and certain plans on file with the Planning Board from the current RO One Family.Dwelling District to a CD Planned � � Commercial District with certain specified uses (pursuant to the provisions of Town of �� Lexington Code 135-7) said property being commonly known as Town Assessors' Map .o � 10, Parcel8,430 Concord Avenue, and to allow construction of a new building on the � y property of approximately 34,000 square feet together with parking and other ,� � improvements to be known as Artis Senior Living, and to approve the "Preliminary Site ,�': � Development and Use Plan for the Planned Commercial District at 430 Concord Avenue, � � Lexington, Massachusetts" (the"PSDUP") filed with the Lexington Town Clerk and �. � Planning Board Apri124, 2014,revised June 9, 2014, and to approve standards for y � development, uses permitted, dimensional standards and other provisions contained � � within the PSDUP. 1 c � �t � � 7:53 p.m. Mr. Hicks reviewed requested zoning and development,the background of the � 1 Artis Senior Livin co oration, and the articulars ro osed in develo m the site at 430 � g iP P P P P� g � y � 'i Concord Avenue as a memory care assisted living facility. � '� . �� 8:12 p.m. Charles Hornig moved the report of the Planning Board under Article 2 be y received and placed on file. Unanimously Adopted. � J Mr. Hornig reported on Article 2, with support of the Planning Board, 4 in favor, 1 opposed. � ' 8:15 p.m. Selectman Deborah Mauger reported the full support of Board of Selectmen. 8:19 p.m. Glenn Parker, reported full support of the Appropriation Committee. 8:20 p.m. Philip Hamilton, Conservation Commission, spoke on the Commission's support. 8:20 p.m. David Kessler, 20 Barberry Rd, spoke in opposition. 8:24 p.m. Planning Board Chairman Charles Hornig responded to questions on property frontage, sewer easement, and other possible property use. 8:27 p.m. Hank Manz, pr.9, spoke in favor of articles 2,3,4. 8:29 p.m. Robert Rotberg,pr.3, spoke in opposition. 8:32 p.m. MaryJo Bohart, Chamber of Commerce, spoke in support of the proposed facility. 8:33 p.m. Robert Harris, 500 Concord Ave, spoke in opposition. 3��8 June 16, 2014 Special Town Meeting, cont.... 8:36 p.m. Members questioned the public benefit and affordability aspects of the proposed development and MOU. Charles Hornig explained the MOU agreement process and that the Zoning Board of Appeals is not bound by the MOU. Selectman Deborah Mauger explained the MOU considers the facility residents would be non-drivers and anticipated low impact of employee transportation on the area. Artis Senior Living representative Jay Hicks further explained not providing affordable units within proposed project. 8:41 p.m. Nancy Adler,pr.l, Chair, Council on Aging, spoke on need of facility of this type and urged town meeting to consider housing as proposed. ,--, 8:42 p.m. Members spoke in favor and opposition, identifying issues including Concord '� Ave roadway widening, residentiaUcommercial mix of the area, and process of CD rezoning. 8:46 p.m. Marina Thompson, 500 Concord Ave, spoke on area's residentiaUcommercial mix. 8:52 p.m. Charles Hornig responded to questions on proposed units, 40B eligibility and, permitted uses for the property, with or absent this requested rezoning. 8:55 p.m. Guy Weinzapfel, 4 Stonewall Rd, spoke on residential zoning and other possible proposals. Members spoke in opposition and support, questioned role of zoning within the town, conditions at the property, and affordable units at the facility. 9:03 p.m. Cindy Lewis, 5 Hampton Rd, confirmed property views from her property. 9:04 p.m. Selectman Deborah Mauger reiterated authority of the town regarding affordable units at this facility, and the negotiation with Artis Senior Living for an affordability trust fund. 9:07 p.m. Town Counsel Kevin Batt responded to questions on PSDUP amendments, and timing requirements for submittal before town meeting convened and before any vote by town meeting. 9:09 p.m. Members questioned specifics on the proposed medical care at facility, spoke in r-, support and opposition. � 9:13 p.m. Sharon Cerny, 1 Barberry Rd., spoke in opposition and in support of clustered housing for adults with disabilities. 9:14 p.m. Jay Hicks, Artis Senior Living, responded to questions on affordability. 9:18 p.m. Members continued to speak iri support and opposition to the motion, questioning affordability. Mr. Hicks explained the $150,000 contribution. 9:27 p.m. Planning Board Chair Charles Hornig responded to questions of Eric Michelson, pr.l, on by-right uses of this property and any likely mitigation. Mr. Hornig confirmed by-right uses are exempt from the process of regulatory control. 9:30 p.m. Bruce Morgan, 396 Concord Avenue, commented on property location and development scale and positioning on the lot. Mr. Morgan questioned parking requirements and control of parking along Concord Ave. 9:32 p.m. David Kanter,pr.7, called the question. Vote on calling the question on Article 2: Yes No Abstain 133 18 6 9:35 p.m. Edmund Grant surrunarized requested action and benefits of the proposal. 9:37 p.m. Vote on Article 2 Yes No Abstain 114 38 5 Article 2 Declared adopted by more than the necessary two-thirds, with 114 in favor, 38 opposed. ----_ ___ -_ ____ __ .___ _-- T _ _____—__ __- - - - _ _ __ _ _ ------- - ------ ------__: �� June 16, 2014 Special Town Meeting, cont.... 9:40 p.m. Selectman Deborah Mauger moved articles 3 and 4,to be discussed simultaneously. ARTICLE 3: LAND ACQUISITION—OFF CONCORD AVENUE MOTION: That the Conservation Commission be authorized to purchase or otherwise acquire, and the Selectmen be authorized to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the Massachusetts General Laws, any fee, easement or other interests and convey a conservation restriction as defined in Section 31 of Chapter 184 of the General Laws in all or any part of land shown as Lot 1 on Assessors' Properiy Map 6, now or formerly of John H. Sellars, that the sum of $220,000 be appropriated for such land acquisition, and to meet this appropriation $220,000 be appropriated from the Open Space Reserve of the Community Preservation -" Fund. ARTICLE 4: AUTHORIZE EASEMENT ON LAND AT 430 CONCORD AVENUE MOTION: That the Board of Selectmen be authorized to acquire by eminent domain, purchase or otherwise easements and expand the uses of the existing sewer easement on property shown on Assessors' Property Map 10, Lots 7 and 8 to access the land shown on Assessors' Property Map 6, Lot l. 9:40 p.m. Ms. Mauger presented explanation and position of the Boaxd of Selectmen. 9:44 p.m. Philip Hamilton, Conservation Commission, explained Conservation issues, jurisdiction, and value. The Conservation Commission supports Articles 3& 4. 9:46 p.m. Jill Hai,reported unanimous support of the Capital Expenditures Committee for Articles 3 and 4. 9:47 p.m. Glenn Parker reported unanimous support of the Appropriation Committee(7-0) for articles 3 and 4. 9:47 p.m. Marilyn Fenollosa reported support of Community Preservation Committee for Article 3,with 8 in favor, 0 opposed, for$220,000 to be appropriated for article 3; no position on Article 4. P— 9:48 p.m. Joel Adler,pr.l, spoke against article 3, addressing 2 appraisals and requested amount. r 9:49 p.m. David Kaufinan,pr.6, questioned the Selectmen on property access. Selectman Deborah Mauger explained access defined broadly to be negotiated to include walking easement. 9:51 p.m. Vote on Article 4 Yes No Abstain 147 4 2 Article 4 declared adopted by more than necessary two-thirds,with 147 in favor, 4 o,pposed. 9:51 p.m. Vote on Article 3 Yes No Abstain 131 18 3 ' Article 3 declared adopted by more than necessary two-thirds, with 131 in favor, 18 opposed. 9:53 presented by Margaret Coppe, School Committee. ARTICLE 5: SCHOOL MASTER PLAN MOTION: That$250,000 be appropriated for a school building master plan,to be Spent under the direction of the School Committee, and that to meet this appropriation $250,000 be raised in the tax levy. 9:55 p.m. Superintendent Dr. Paul Ash reviewed the 2009 Master Plan for school infrastructure and the basis for moving forward with school work for Bridge, Bowman and Estabrook schools. Dr. Ash reviewed school enrollment increases, rapid in-migration, and need for a new master `� plan and timeline. Dr. Ash reported anticipated fall 2014 completion,to result in requests to be made to Town Meeting at that time. 10:01 p.m. Margaret Coppe reported unanimous support of School Committee. 10:02 p.m. Peter Kelley reported unanimous support of Board of Selectmen. 10:02 p.m. Jill Hai reported unanimous support of Capital Expenditures Committee. 10:03 p.m. Glenn Parker reported unanimous support of Appropriation Committee. 10:04 p.m. Jonathan Himmel, Permanent Building Committee, reported PBC participation in master planning committee, for which Carl Oldenberg and Jonathan Himmel have been selected for participation. Mr. Hunmel reported such process can be construed as support. �'� June 16, 2014 Special Town Meeting, cont.... 10:04 p.m. Margaret Coppe responded to questions on the master planning process, frequency, and census updates, including involvement of the Town Clerk's Office. Dr. Ash responded to questions on anticipated expenditures of the $250,000 and difference between 2009 master plan and areas requested to be included in a new plan—including both architectural work for building suitability to be informed by the citizen's committee methodology enrollment projections. Dr. Ash and Public Facilities Director Patrick Goddard responded to questions on the 2009 plan cost, st�ng plans,resources to be allocated to this project, schedule, scope, and deliverables. 10:16 p.m. Vote on Article 5 Yes No Abstain 136 3 4 10:18 p.m. Article 5 declared adopted. � � 10:17 p.m. Presented by Selectman Joseph Pato. � ARTICLE 6: AMEND GENERAL BYLAWS-CONTRACTS AND DEEDS c � MOTION: That Section 32-4 of Chapter 32 of the Code of the Town of Lexington be ,� � amended as set forth in the Article, and fiirther that non-substantive changes to the � N numbering of this bylaw be permitted in order that it be in compliance with the � � numbering format of the Code of Lexington. r Cv CC�, . __________________ '� � Warrant Text• �: � � � a �; �� . � � To see if the Town will vote to amend Section 32-4 of Chapter 32("Contracts and Deeds")of the Code of � �' the Town of Lexington by deleting the following line from the Table entitled Type of Contract and � Q Number of Years: +� „ . . a � Leases licenses ower urchase a eements a eements for a ments in lieu of taxes ILOTs and/or 20 � � , ,P P �' , �' P Y � ), '`� N other agreements for the u ose of installing solar ener facilities and urchasing solar electrici Q � I o `° And replacing it with the following two lines: � � �. a� � ,� Leases,licenses,power purchase agreements and/or other agreements for the purpose of installing solar 22 energy facilities and urchasing solar electricity Agreements for payments in lieu of taxes(PILOTs)with owners of solar energy facilities on Town- 20 owned ro erty Or act in any other manner in relation thereto. Mr. Pato reviewed requested action and solar agreement impact on requested action. Mr. Pato reported unanimous support of the Board of Selectmen. Beth Masterman reported unanimous support of the Capital Expenditures Committee. 10:19 p.m. Glenn Parker reported unanimous support of the Appropriation Committee. 10:19 p.m. Vote on Article 6 Yes No Abstain 132 1 3 10:19 p.m. Article 6 declared adopted. _____ ___ � ___ _-_- - - ___ ___------ __ 321 June 16, 2014 Special Town Meeting, cont.... 10:20 p.m. Presented by Selectman Norman Cohen. ARTICLE 7: AMEND GENERAL BYLAWS REGARDING REPORTING PERIOD � a FOR TOWN COUNSEL'S ANNUAL REPORT �b 0 �o C MOTION: That Section 90-28 of Chapter 90 of the Code of the Town of Lexington " a. ("Annual Report"), be amended as set forth below, and further that non-substantive o� changes to the numbering of this bylaw be permitted in order that it be in compliance � y with the numbering format of said Code: ,.n � 0 0 � � �r � � The Town Counsel shall annually report in writing to the Board of Selectmen, by a date �,� determined by the Board of Selectmen, all actions by or against the Town which were �, �, `�-� pending at the beginning of the preceding fiscal year; all actions brought by or against the � � Town during such year; and all actions settled or disposed of during such year. Such N � report shall show the fu11 name of each plaintiff or defendant,the nature and amount of N " the claim in each case, and the terms upon which any case was settled or disposed of o � during such year. Such report shall be printed in the Annual Town Report. � �, . �, Mr. Cohen reported unanimous support of the Selectmen. o 10:21 p.m. Vote on Article 7 x Yes No Abstain � 135 0 3 10:18 p.m. Article 7 declared adopted. 10:19 p.m. Presented by Joseph Pato ARTICLE 8: ESTABLISH AND APPROPRIATE TO AND FROM SPECIFIED � STABILIZATION FUNDS MOTION:That this article be indefinitely postponed. Jill Hai reported unanimous support of the Capital Expenditures Committee. Following a voice vote, Article 8 Declaxed Unanimously Adopted. 10:22 p.m. Presented by Norman Cohen. �, ARTICLE 9: AMEND FY2014 OPERATING AND ENTERPRISE BUDGETS MOTION:That this article be indefinitely postponed. Following a voice vote, Article 9 Declared Unanimously Adopted. 10:23 p.m. Presented by Michelle Ciccolo. ARTICLE 10: AMEND ARTICLE 5 OF NOVEMBER 4,2013 SPECIAL TOWN MEETING,RENOVATION TO COMMUNITY CENTER MOTION: That the motion under Article 5 of the warrant for the November 4, 2013 Special Town Meeting as amended under Article 3 of the March 24, 2014 Special Town Meeting be amended to read as follows: That$6,720,000 be appropriated for design, engineering and remodeling, reconstructing and making extraordinary repairs to buildings at 39 Marrett Road, and that to meet this appropriation$892,682 be appropriated from the Historic Resources Reserve of the Community Preservation Fund, $2,818,462 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund, $2,135,040 be appropriated from Undesignated Fund Balance of the Community Preservation Fund, $422,816 be appropriated from the General Fund Unreserved Fund Balance and that the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow$451,000 under (�' M.G.L. Chapter 44, Section 7(3A), as amended, or under M.G.L. Chapter 44B, as � amended, or any other enabling authority. �. Ms. Ciccolo reported unanimous support of the Board of Selectmen and further reported on the requested funding and Coinmunity Center project status. Marilyn Fenollosa reported support of Community Preservation Committee on vote of 7 in favor, 1 opposed. David Kanter reported unanimous support of the Capital Expenditures Committee. Glenn Parker reported unanimous support(7-0) of the Appropriation Corrunittee. 3�2 June 16, 2014 Special Town Meeting, cont.... 10:31 p.m. Michelle Ciccolo responded to questions on work to be completed, requested funding, and Town Meeting appropriation. Facilities Director Patrick Goddaxd explained the increase in requested funding from March 2014 to date, including • detailed design and scope of work. 10:33 p.m. Frank Smith,pr3, questioned magnitude of increase from March 2014 to date. Patrick Goddard explained increase encountered, from schematic to more detailed design and sometimes experience cost increases with scope of work changes, etc. Permanent Building Committee Chair Jonathan Himmel,pr.6, further explained cost changes, � with greater analysis of building exterior and repair needs, fire protection complications from other authorized work, and design of new entryway. 10:39 p.m. Vote on Article 10 Yes No Abstain 129 4 3 Article 10 Declared Adopted by more than required two-thirds, with 129 in favor, 4 opposed. 10:40 p.m. Presented by Michelle Ciccolo ARTICLE 11: AMEND ARTICLE 2 OF THE MARCH 24,2014 SPECIAL TOWN MEETING, CARY MEMORIAL BUILDING UPGRADES MOTION: That this article be indefinitely postponed. Ms. Ciccolo reported favorable bids and recommendation for Indefinite Postponement by the Board of Selectmen. Jill Hai reported unanimous support of the Capital Expenditures Committee. 10:41 p.m. Following a voice vote, Article 11 Declared Unanimously Adopted. 10:42 presented by Peter Kelley ARTICLE 12: APPROPRIATE FOR AUTHORIZED CAPITAL IMPROVEMENTS �-� MOTION: That this article be indefinitely postponed. � Unanimous support of the Capital Expenditures Committee reported. 10:42 p.m. Following a voice vote, Article 12 Declared Unanimously Adopted 10:42 p.m. Selectman Deborah Mauger moved the June 16, 2014 Special Town Meeting be dissolved. Declared Unanimously Adopted. A True Copy. Attest: �� Donna M. Hooper, Town Clerk Precinct 8 Town Meeting Member Stewart G. KennedV, �R Tibert� Avenue, with a term expiring March 2017, resigned from Town Meeting effective Julv 5, ?f114. Mr. Kennedy's unexpired term (exp. March 2�17) will apvear on the hallot for the March 2015 Annual Town Election. Precinct 9 Town Meeting Members Lisa J. N(azerall and John R. Ma�erall, 4� T�ood '�t, removed from Precinct 9 effective July 21, 2014. Lisa Mazerall's term (exn. March 2015) will appear on the March 2015 Annual Town Election ballot for a 3-�ear � term. John Mazerall's term (exp. March 2016) will appear on the M.arch ?�].5 Annual Town Election ballot as a 1-year unexpired term. .__ __ __ __ ___--- _ _ _ ---- --- _._ _ - -_ _ __._ __ � _ _ _- ___ __ _ _. 323 U p O +� C � � C C C O �U 'Y 'Y. 'y � N VI � Vf VI N V1 Vf VI VI N V1 tn VI tn VI N Uf V1 VI V1 VI � Y � � U/ N -� N N � N N UJ N 41 N N N N N v N N Cl d N rL Q Q } } Q �- > Q } } � } } } } } } } } } y } } } � C j O z ++ � � O C �n c�i U � � Q � �c ~ � � C C v v m E O O H � h N N y V1 V1 V1 �1 N N N �1 �1 �1 N N �1 N �1 �f N �1 � E o o -Q m v -o m c, u, v w v v m n� v v m w a� v c� v o� o Q Q N U Q >. ? Q > >. > > > > > > >. > ? ? > > > >. > >. 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C � CO. C C N N Vl � � � C � f0 fE f0 Y � � O d' � � v1 � � 'O .�C � fo fCo O O O pCj fo N m m to to u 7 al L '''' � O O O � 3 3 ¢ m m u c� u � c� LL c� � � � � � � � a � '> 3 f- � r u c a`i � c,Tv c 3 c c S L Q Q Q = L O J d J J W O Y d d L G Vl � Q � � � ' � � � � � �' NG T C OJ � C �p � � f0 41 Ul C � � ` Q C f0 � C tl�0 C � Y y C C � � t Y C . Ct0 cv V E � — v�i L Ol UJ V � U fc u y � !a � O m � 7J L N � L C N !0 �' 5 ¢ � � ¢ � v �n � �i ¢ z > °; 6c x z � i-- � � x � � J J c� � � � � .. ..- _'"-. __..._.._ ._.._... ...__"'__"__ _._...__ __._'_'_ ____-__"_._ . . _ .. ...... . . _ _...___ _"__-__- "__ _. .-. __. -329 (Warrant for State Primary — See WARRANT FILE) STATE PRIMARY—TUESDAY, SEPTEMBER 9, 2014 In pursuance of the foregoing warrant the legai voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Tuesday, September 9, 2014-7:00 a.m.—8:00 p.m. The following places were designated as the voting places for the various precincts: Precinct One, School Administration Building; Precinct Two, Bowman School; Precinct Three, Clarke Middle School; Precinct Four, Bridge School; Precinct Five, School Administration Building; Precinct Six, Diamond Midtlle School; Precinct Seven, Estabrook School, Precinct Eight, Samuel Hadley Public Services Building; Precinct Nine, Hastings School. The election officers and Wardens of the various precincts were assigned for duty as follows: Precinct 1: Warden: Richard Pemberton [U]; Clerk: Barry Sampson [U], Eileen G. McAlduff[U], Jeannette LL� Cerulli [D], Richartl Spillane [U], Edwina Spillane [U], Doris Pemberton [U], William J. Barrett [R], Verna Thayer[U], Carol Sampson [U]Adriana Forte 0, Marion Barry[D]. Precinct 2: Warden: Rebecca Fagan Gorospe [U]; Clerks: Richard Eaton [U], Suzanne Hays [U]; Inspectors: Arline Burns [U], Marita Hartshorn [D], Robert Hartshorn [D], Katherine 0'Sullivan [U], Claire Martin [U], Margaret Ouellette[D],Ann Anderson [D], Robert Warshawer[U], Precinct 3: Warden: Shirley Rauson Frawley [D]; Clerk: Amy Rubin [U] Inspectors: Ann Canter [D], Carol.Daniels [], Maarib Bazzaz [], Susan Alyn [D], Yolanda Grula [], Diane Biglow [], William Frawley [D], Maria Griffin [U], Laura Welby[U], Faith Fenske[U], . Precinct 4: Warden: Linda Dixon [U]; Clerk: Jody Schott-Marcell [ ]; Inspectors: Eleanor Smith [U], Beverly F.Aker[U], Gloria Curran [U],Anne Mary Dunn [U], Mary Tashjian [U], Elaine Quinlan [], Lorain Marquis [], Dorothy Tutko[],Virginia Weinberger[]. ,. Precinct 5: Warden: Marie Hill [U]; Clerks: Josephine Bailey [U], Christine Hill [D]; Inspectors: Linda Cohen [U], Joel Adler[U], Judy Cooper[D], Lorraine Setterlund [U], Stephen Tauber[D], Arlene McGrath [), Gerald • McGrath [],Yang Gao[]. Precinct 6: Warden:Ann Webster[U] ; Clerk: Mary Ellen Turner[U]; Charles Price [U], Margaret Freeman [U], Charles Freeman [R], Joann Gschwendtner [U), E. Ashley Rooney [D], D. Peter Lund [R], Richard Bair [D], Susan Folger[], Carol Snell [], Julie Miller[], Patricia Costello[],Jane Halverson []. Precinct 7: Warden:Alice M. Pierce [D]; Clerk: Margaret Bradley[D); Inspectors: Charlotte Ford [D], Mary J Burnell [U], Barbara Mix [R], Jane Trudeau [D], Martha Wood [D], L. Susan Conway [], Jean Shanahan [], Robert Boucher[], Raya Gildor[], Elizabeth Golovchenko(]. Precinct 8: Warden: Chet Webster [U]; Clerk: Julie Sibert [ ]; Inspectors: Ann Diamontl [U], Elinor Bettencourt [R], Barbara L. Perrotta [D], Anthony Montagna [U], Anne 0'Neill [U], Maureen Burns [U], Margaret Counts-Klebe[D], Francine Edwards[D]. Precinct 9: Warden: Shirley Ament-Bergey [D]; Clerk: Michael Fenollosa [D]; Inspectors: Dorothy Bolduc [U], Carole Scalise[R], Edgar Knudson [D], Harry Farrington[U], Louis Mula[U],Judith Mello[], Francine Stieglitz[], Edith Barbieri [], Sheilah Dreyer, Marilyn Fenollosa[],Angela Marcucci []. The election officers were sworn to the faithful performance of their duties. The polls were declared open in each precinct at seven o'clock A.M. and remained open until eight o'clock P.M., at which time; after due notice, the polls were declared closed. The total number of registered voters in each precinct eligible to vote as of August 20,2014 is as follows: Registered Voters Precinct Total Registered Democrat Republican Unenrolled Other Voters 1 2051 820 174 1050 7 2 2500 1012 209 1271 8 � 3 2076 813 190 1065 8 4 2434 997 216 1215 6 --�---� 5 2572 940 270 1357 5 6 2445 920 289 1232 4 - 7 2369 869 226 1266 8 8 2328 870 213 1237 8 9 2396 844 242 1304 6 Total 21,171 8085 2029 10997 60 Recap sheets were delivered to the Town Clerk at the Town Office Building. 25% of the registered voters cast their vote. `�`�� Septe�nber 9, 2014 State Primary, cont.... The Town Clerk canvassed the results: Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 Total Totai Ballots Processed 15 39 55 38 45 40 35 23 30 320 Absentees Voted In-Person 3 23 11 18 19 22 21 5 19 141 Specially Qualified Processed 1 2 1 1 1 0 0 0 0 6 Specially Qualified Return& 1 2 1 0 1 0 0 0 0 5 Count Total Ballots Returned& 14 33 47 32 40 38 32 23 29 288 Counted Ballots Rejected/Late/Not 1 6 8 6 5 2 3 0 1 32 Returned PRECINCT SUMMARY '—�cY PCT 1 PCT 2 PCT 3 PCT 4 PCT 5 PCT 6 PCT 7 PCT S PCT 9 TOTAL Total Re istered Voters 2051 2500 2076 2434 2572 2445 2369 2328 2396 21171 TotalVotes 451 735 577 687 541 610 648 541 580 5370 Democratic 412 677 526 609 483 527 577 483 492 4786 Re ublican 39 58 51 78 58 83 71 58 88 584 Total Votes/Registered Voters 22% 29% 28% 28% 21°/a 25% 27% 23% 24% 25% DEMOCRATIC PARTY Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL TotalRe Voters 2051 2500 2076 2434 2572 2445 2369 2328 2396 21171 Total Votes 412 677 526 609 483 527 577 483 492 4786 Percent(Total Votes/Total VOt2fS 20% 27% 25% 25% 19°/v 22% 24% 21% 21% 23% Total Registered Democrats 820 1012 813 997 940 920 869 870 844 6085 Percent(Total Votes/ TOt81 PBfI 50% 67% 65% 61% 51% 57% 66% 56% 58% 59% Pct 7 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL '� , SENATOR IN CONGRESS - ,, EDWARD J.MARKEY 348 567 446 510 415 432 470 391 423 4002 ,,,�,� BLANKS 63 106 79 94 68 94 104 91 67 766 ALL OTHERS 1 4 1 5 0 1 3 1 2 18 GOVERNOR DONALD M.BERWICK 103 217 210 198 127 137 164 156 157 1469 MARTHA COAKLEY 149 204 132 157 168 141 187 143 174 1455 STEVEN GROSSMAN 159 250 179 244 187 245 219 176 153 1812 BLANKS 1 6 4 10 0 4 7 8 8 48 ALL OTHERS 0 0 1 0 1 0 0 0 0 2 LIEUTENANT GOVERNOR LELAND CHEUNG 165 246 193 203 192 192 276 189 172 1828 STEPHEN J.KERRIGAN 122 153 127 170 127 152 125 138 155 1269 MICHAEL E.LAKE 44 98 92 96 63 69 63 53 62 640 BLANKS 81 179 114 140 101 114 113 103 103 1048 ALL OTHERS 0 1 0 0 0 0 0 0 0 1 ATTORNEY GENERAL MAURA HEALEY 262 413 316 367 270 319 354 282 290 2893 WARREN E.TOLMAN 139 217 186 194 191 185 201 169 178 1660 BIANKS 11 47 24 28 22 23 22 31 24 232 � ALL OTHERS 0 0 0 0 0 0 0 1 0 1 � SECRETARY OF STATE � WILLIAM FRANCIS � GALVIN 329 496 393 436 373 388 440 346 375 3576 BLANKS 83 181 133 171 110 139 135 136 115 1203 ALL OTHERS 0 0 0 2 0 0 2 1 2 7 TREASURER THOMAS P.CONROY 133 201 174 214 166 165 182 146 160 1541 BARRY R.FINEGOLD 102 111 87 119 89 118 127 104 85 942 DEBORAH B.GOLDERG 117 221 176 177 149 170 180 150 163 1503 BLANKS 59 144 88 99 79 74 88 83 84 798 ALLOTHERS 1 0 1 0 0 0 0 0 0 2 �------ --_ --- -- ---- ___-- -_ — --._ __--_ ___-— ---- __ 33.:1 September 9, 2014 State Primary, cont.... Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 Totai AUDITOR SUZANNE M.BUMP 287 417 354 373 319 330 373 305 329 3087 BLANKS 124 256 171 235 164 196 201 177 162 1688 ALL OTHERS 1 2 1 1 0 1 3 1 1 11 REPRESENTATIVE IN CONGRESS-Fifth District KATHERINE IVI.CLARK 273 448 373 407 310 362 375 331 332 3211 SHELDON SCHWARTZ '108 145 113 139 130 122 146 97 104 1104 BLANKS 31 84 40 62 43 43 56 54 56 469 ALL OTHERS � 0 0 0 1 0 0 0 1 0 2 COUNCILLOR-Third District MARILYN M.PETITTO DEVANEY 158 230 184 177 175 171 209 169 186 1659 CHARLES N.SHAPIRO 147 231 216 237 189 206 217 168 175 1786 BLANKS 106 215 126 195 119 150 151 146 131 1339 ALLOTHERS 1 1 0 0 0 0 0 0 0 2 SENATOR IN GENERAL COURT-Fourth Middlesex District(1,2,4-7) KENNETH J.DONNELLY 302 434 � �'3� ' 394 327 349 398 E��,��,�°�� 2204 110 241 S �?;1..� �=s: 214 156 >�;��` �c��'�� 1075 0 2 � � �� 1 0 0 =��„ r��"�� 6 SENATOR IN GENERAL COURT-Third Middlesex District(3,8,9) MICHAEL J.BARRETf "�� . �...�� 400 =��` ��x �' � ±,�,��, '� �� 360 357 1117 BLANKS � � �� ' � � _ F cy s s � ws a — 125 �`: � .��: � � ��`7�� ,,�t.�..�.a 122 132 379 ALL OTHERS . . ..:� ,�:'_.,.�; 1 �' � fi �•� ` .�..� �� un� '� ; 1 3 5 � REPRESENTATIVE IN GENERAL COURT-Fifteenth Middlesex District JAY R.KqUFMAN 327 544 428 487 390 437 480 405 413 3911 BLANKS 84 132 97 120 93 88 95 77 79 865 ALLOTHERS 1 1 1 2 0 2 2 1 0 10 DISTRICT ATTORNEY-Northern District MARIAN T.RYAN 244 393 334 345 283 331 364 2S1 283 2858 MICHAEL A.SULLIVAN 110 153 110 134 130 109 123 121 127 1117 BLANKS 58 131 82 130 70 87 90 81 81 810 ALL OTHERS 0 0 0 0 0 0 0 0 1 1 REGISTER OF PROBATE-Middlesex Coun TARA E. DeCRISTOFARO 268 383 322 337 310 302 351 280 320 2873 BLANKS 143 294 203 269 173 225 226 202 172 1907 ALLOTHERS 1 0 1 3 0 0 0 1 0 6 REPUBLICAN PARTY Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL Total Re Voters 2051 2500 2076 2434 2572 2445 2369 2328 2396 21171 Total Votes 39 58 51 78 58 83 71 58 88 584 Percent(Total Votes/Total �/Ot@fS 2%a 2% 2% �3% 2°/a 3% 3% 2% 4% 3% Total Registered Re ublican 174 209 190 216 270 289 226 213 242 2029 Percent(Total Votes/Total P8 22% 28% 27% 36% 21% 29% 31°/a 27% 36% 29% Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL SENATOR IN CONGRESS � BRIAN J.HERR 32 40 29 57 46 60 50 46 60 420 BLANKS 7 18 22 21 12 23 20 12 28 163 "" ALL OTHERS 0 0 0 0 0 0 1 0 0 1 GOVERNOR CHARLES D._BAKER 32 51 37 61 47 66 55 44 61 454 MARK R.FISHER 6 7 13 17 10 15 15 14 26 123 BLANKS 1 0 1 0 1 2 1 0 1 7 ALLOTHERS 0 0 0 0 0 0 0 0 0 0 LIEUTENANT GOVERNOR KARYN E.POLITO 36 42 36 62 53 67 55 49 68 468 BLANKS 3 16 15 16 5 16 16 9 20 116 ALL OTHERS 0 , 0 0 0 0 0 0 0 0 0 `�`32 September 9, 2014 State Primary, cont.... Pct 1 Pct 2 Pck 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 Total ATTORNEY GENERAL JOHN B.MILLER 34 39 34 59 49 63 52 46 62 438 BLANKS 5 18 17 19 9 20 18 12 25 143 ALL OTHERS 0 1 0 0 0 0 1 0 1 3 SECRETARY OF STATE DAVID D'ARCANGELO 30 38 31 55 45 57 51 46 58 411 BLANKS 9 20 20 23 13 26 19 12 30 172 ALL OTHERS 0 0 0 0 0 0 1 0 0 1 TREASURER MICHAEL JAMES HEFFERNAN 32 39 31 56 47 60 49 43 61 418 BLANKS 7 19 20 22 11 23 21 15 27 165 ALL OTHERS 0 0 0 0 0 0 1 0 0 1 AUDITOR PATRICIA S.SAINT . AUBIN 30 37 29 55 41 56 44 39 59 390 BLANKS 9 21 22 23 17 27 26 19 29 193 ALL OTHERS 0 0 0 0 0 0 1 0 0 1 REPRESENTATIVE IN CONGRESS-Fifth District BLANKS 39 58 51 76 57 81 70 58 87 577 ALL OTHERS 0 0 0 2 1 2 1 0 1 7 COUNCILLOR-Third District BLANKS 39 57 47 77 58 83 70 58 86 575 ALL OTHERS 0 1 4 1 0 0 1 0 2 9 SENATOR IN GENERAL COURT-Fourth Middlesex District(1,2,4-7) BLANKS 39 58 „ t,,:�: 75 58 83 69 "� � � 382 � ALL OTHERS 0 0 3 0 0 2 , ��,� �L 5 SENATOR IN GENERAL COURT-Third Middlesex District 3,8,9) : SANDI MARTINEZ �-° . ...':". � ' 32 ; ., � >'p <'.; . ,. ..�, � " 44 62 138 � BLANKS ' '� �� 19 ' , '� � ` ^ � � 14 26 59 ALL OTHERS ' "� ' ' 0 �� ' ' � �� "� �� ' "� ;°� ' 0 0 0 REPRESENTATIVE IN GENERAL COURT-Fifteenth Middlesex District BLANKS 39 58 51 77 58 83 69 58 87 580 ALL OTHERS 0 0 0 1 0 0 2 D 1 4 DISTRICT ATTORNEY-Northern District BLANKS 39 58 51 76 58 78 70 58 87 575 ALL OTHERS 0 0 0 2 0 5 1 0 1 9 REGISTER OF PROBATE-Middlesex Count JOHN W.LAMBERT,SR. 30 33 29 42 41 51 45 40 53 364 BLANKS 9 25 22 36 17 32 26 18 35 220 ALL OTHERS 0 0 0 0 0 0 0 0 0 A true copy. Attest: � B�'��d�G:-/ 1'l Donna M. Hooper, Town Clerlc Deborah N. Mauger, 38 Liberty Ave, resigned as Selectman e�'fectitTe July 13, 2014. Ms. Mauger's unexpired term enAs March ��1�. Mary Ann Stewart, 24 Rawson Ave, resi�ned as a member of the School �:ammittee effective August 14, 2014. Ms. Stewart's unexnired term ends March ?_�15, At their meeting of July 14, 2014 the Selectmen voted to schedule a snecial Town Election to fill the Selectman vacancy for Tuesdav, November 4, 2�14, the same date as the 2014 State Election. At their meetin� of August 2R, ?nl4 the Selectmen voted to include the School Committee -vacancv bn `the haltot of the Special Town Election scheduled for Tuesday, Novemher 4, ?_Q14, in combination with the 2014 State Election. _ _____ _.__._ � __ _-- ___ _ _.__ __ ___ _— -__ ----_ _ ___. _---- _ _ 3�33 (Warrant for State Election-See WARRANT FILE) SPECIAL TOWN ELECTION -TUESDAY, NOVEMBER 4, 2014 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Tuesday, November 4, 2014 at 7:00 a.m. The following places were designated as the voting places for the various precincts: Precinct One, School Administration Building; Precinct Two, Bowman School; Precinct Three, Clarke Middle School; Precinct Four, Bridge School; Precinct Five, School Administration Building; Precinct Six, Diamond Middle School; Precinct Seven, Estabrook School, Precinct Eight, Samuel Hadley Public Services Building; Precinct Nine, Maria Hastings School. The election officers and Wardens of the various precincts were assigned for duty as follows: , Precinct 1: Warden: Richard Pemberton [U]; Clerks: Barry Sampson [U] & Richard Spillane [U]; Inspectors Eileen G. McAlduff [D], Jeannette Cerulli [D], Edwina Spillane [U], Doris Pemberton [U), William J. Barrett [R], Carol Sampson [U].Verna Thayer[U], Marion Barry[D],Adriana Forte [U], Samuel Berman [D] Precinct 2: Warden: Rebecca Fagan Gorospe [U]; Clerks: Richard Eaton [U] & Susanne Hays [U]; Inspectors: Marita Hartshorn [D], Robert Hartshorn [D],Arline Burns [U], Claire Martin [D], Katherine 0'Sullivan [U], Margaret Ouellette [D],Ann Anderson [D], Josephine Petner[D], Susan Alyn [D],Winston Flynn [U], Robert Warshawer[U]. Precinct 3: Warden: Shirley R. Frawley [D]; Clerks: Amy Rubin [U], Mary Ellen Turner [D]; Inspectors: Laura Welby [U), Ann Canter [D],.Arlene McGrath [U], Gerald McGrath [U], Maarib Bazzaz [D], Maria Griffin [U], Elizabeth McLaughlin [U], Diane Biglow [U], Edith Barbieri [U], Faith Fenske [U], William Frawley [D], Elaine Torsiello[R], Francine Edwards[D]. Precinct 4: Warden: Linda Dixon [U]; Clerks: Evangeline Puopolo [U] & Jody Schott-Marcell [D]; Inspectors: Eleanor Smith [U], Beverly F.Aker[U], Gloria Curran [U], Raya Gildor[U], Anne Mary Dunn [U], Rolfe Green [R], Dorothy Bolduc[U]; Elaine Quinlan [U], Ephraim Weiss [D], Mary Tashjian [U], Sonya Hagopian [U]. Precinct 5: Warden: Josephine Bailey [U]; Clerks: Donna M. Keane [U] & Christine Hill [D]; Inspectors: Linda Cohen [U], Lorraine Setterlund [U], Joanne Andrellos [R];Mara Bohn [D], Judy Cooper[D], Timothy Hill [U], Joel Adler[U],Yang Gao[U], Stephen Tauber[D], Bernd Turk[R]. Precinct 6: Warden: Dorothy Boggia [R]; Clerks:Ann Webster[U]& Richard Bair[U] ; Inspectors: Charles Price [U), Sandra Gasbarro [U], Joann Gschwendtner[U], L. Susan Conway [U], Susan Folger[U], Margaret Freeman [U], Sheilah Dreyer [U], George Eisenberg [U], Maida Eisenberg [U], Lisa Santleen [U], Carol Snell [D], Jane Halverson [U],Jean Shanahan [U], Charles Winchester[R]. Precinct 7: Warden: Alice M. Pierce [D]; Clerks: Margaret Bradley [D] &James Wood [D]; Inspectors: Isabelle Bennett[R], Mary Burnell [U], Doris Barg [U], Pamela Marshall [D], Martha Wood [D], Jane Trudeau [D], Marsha Baker[D], Harry Forsdick [U], Carol Flynn [U], George Burnell [U], Patricia Elen Costello [U], Susan R. Rockwell [U], Barbara Mix[R], ` " Precinct 8: Warden: Chet P. Webster [Uj; Clerks: Julie C. Sibert [U], Margaret Counts-Klebe [D]]; Inspectors: Ann Diamond [U], Elinor Bettencourt [R], Anthony Montagna [U], Anne 0'Neill [U], Julie Miller [U], Maureen Burns [U], Barbara L. Perrotta [D], Jessie Steigerwald [U], Karen Boudreau [D], Lorain Marquis [U], Charles Winchester[R]. Precinct 9: Warden: Shirley Ament-Bergey [D]; Clerks: Clark Schuler [U], Michael Fenollosa [D], & Marilyn Fenollosa [D]; Inspectors: Judith Schuler[U], Carole Scalise [R], Harry Farrington [U], Edgar Knudson [D], Louis Mula [U], Constance Cooper [D], Margaret Quinn [D), Judith Mello [U], Angela Marcucci [U], William Riccio [U], Robert Boucher[U]. The election officers were sworn to the faithful performance of their duties. The polls were declared open in each precinct at seven o'clock A.M. and remained open until eight o'clock P.M., at which time, � after due notice, declared closed. - Absentee& Provisional Ballots Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pctl PctB Pct9 TOTAL Registered,Specially Qualified&UOCAVA Ballots Processed 83 137 94 � 152 127 141 87 84 94 999 Voted In-Person&Counted 22 58 22 66 43 53 43 29 35 371 Retumed&Counted 31 49 44 46 66 53 27 32 33 381 � Re'ected/Late/Not returned 30 30 28 40 18 35 17 23 26 247 Federal Write-In Received& ,..___ Counted 0 0 0 0 0 0 0 0 0 0 Total Absentee Ballots 83 137 94 152 127 141 87 84 94 999 UOCAVA Ballots Processetl 4 4 3 3 1 6 3 1 1 26 UOCAVA Ballots ReYd/Counted 1 2 1 1 0 4 0 0 0 9 Provisional Ballots Processed 0 0 6 0 0 0 1 1 1 g Provisional Ballots Cast 0 0 1 0 0 0 1 1 1 4 334' November 4, 2014 Special Town Election, cont.... The total number of registered voters in each precinct eligible to vote as of October 15, 2014: Registered Voters Precinct Registeretl Democrat Republican Unenrolled Other Voters 1 2056 824 170 1055 7 2 2507 1101 209 1278 9 3 2086 822 189 1067 8 4 2445 998 2l3 1228 6 � 5 2585 934 265 1381 5 6 2456 923 292 1237 4 "'"� 7 2386 874 224 1281 7 8 2332 874 206 1244 8 9 2392 836 238 1314 4 Totals 21245 8096 2006 11085 58 Recap sheets were delivered to the Town Clerk at the Town Office Building; 58%of the registered voters cast their vote. The Town Clerk canvassed the results November 4, 2014 Special Town Election Results PCT 1 PCT 2 PCT 3 PCT 4 PCT 5 PCT 6 PCT 7 PCT 8 PCT 9 TOTAL TOTAL VOTERS 2056 2507 2086 2445 2585 2456 2386 2332 2392 21245 TotalVotes 1053 1586 1118 1545 1457 1452 1424 1425 1319 12379 Percent 51% 63% 54% 63% 56% 59% 60% 61% 55% 58% PCT 1 PCT 2 PCT 3 PCT 4 PCT 5 PCT 6 PCT 7 PCT 8 PCT 9 TOTAL SELECTMAN (Vote NOT more than ONE) (ferm expiring March 2016) Blanks 105 206 88 158 153 123 93 166 100 1192 f� SUZIE BARRY 560 626 366 659 664 667 792 688 664 5686 � ROBERT ROTBERG 387 751 663 726 635 658 536 561 548 5465 AI�Others 1 3 1 2 5 4 3 10 7 36 SCHOOL COMMITTEE (Vote for NOT more than ONE) (term expiring March 2015) Blanks 104 165 116 143 123 138 97 153 120 1159 THOMAS R. DIAZ 417 804 570 711 554 629 602 491 578 5356 WILLIAM J. 532 617 431 689 778 680 721 774 618 5840 HURLEY AllOthers 0 0 1 2 2 5 4 7 3 24 A true copy. r, � � Attest: /�f�/]��/� V Donna M. Hooper, Town Clerk ___-- —___ _ - - ----- _._ .____ _ -__ __ _ __ _ . ---_ _—-- ---- __ 1 335 (Warrant for State Election—See WARRANT FILE) STATE ELECTION -TUESDAY, NOVEMBER 4,2014 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Tuesday, November 4; 2014 at 7:00 a.m. The following places were designated as the voting places for the various precincts: Precinct One, School Administration Building; Precinct Two, Bowman School; Precinct Three, Clarke Middle School; Precinct Four, Bridge School; Precinct Five, School Administration Building; Precinct Six, Diamond Middle School; Precinct Seven, Estabrook School, Precinct Eight, Samuel Hadley Public Services Building; Precinct Nine, Maria Hastings School. � The election officers and Wardens of the various precincts were assigned for duty as follows: � ,, Precmct 1: Warden: Richard Pemberton [U]; Clerks: Barry Sampson [U] & Richard Spillane [U]; Inspectors: Eileen G. McAlduff [D], Jeannette Cerulli [D], Edwina Spillane [U], Doris Pemberton [U], William J. Barrett [R], Carol Sampson [UJ.Verna Thayer[U], Marion Barry[D],Adriana Forte[U], Samuel Berman [D] Precinct 2: Warden: Rebecca Fagan Gorospe [U]; Clerks: Richard Eaton [U] & Susanne Hays [U]; Inspectors: Marita Hartshorn [D], Robert Hartshorn [D],Arline Burns [U], Claire Martin [D], Katherine 0'Sullivan [U], Margaret Ouellette [D],Ann Anderson [D],Josephine Petner[D], Susan Alyn [D],Winston Flynn [UJ, Robert Warshawer[U]. Precinct 3: Warden: Shirley R. Frawley [D]; Clerks: Amy Rubin [U], Mary Ellen Turner [D]; Inspectors: Laura Welby [U], Ann Canter [D], Arlene McGrath [U], Gerald McGrath [U], Maarib Bazzaz [D], Maria Griffin [U], Elizabeth McLaughlin [U], Diane Biglow [U], Edith Barbieri [U], Faith Fenske [U], William Frawley [D], Elaine Torsiello [R], Francine Edwards [D]. Precinct 4: Warden: Cinda Dixon [U]; Clerks: Evangeline Puopolo [U] & Jody Schott-Marcell [D]; Inspectors: Eleanor Smith [U], Beverly F.Aker[U), Gloria Curran [U), Raya Gildor[U),Anne Mary Dunn [U], Rolfe Green [R], � Dorothy Bolduc[U], Elaine Quinlan [U], Ephraim Weiss [D], Mary Tashjian [U], Sonya Hagopian [U]. Precinct 5: Warden: Josephine Bailey [U]; Clerks: Donna M. Keane (U] & Christine Hill [D]; Inspectors: Linda Cohen [U], Lorraine Setterlund [U], Joanne Andrellos [R], Mara Bohn [D], Judy Cooper[D], Timothy Hill [UJ, Joel Adler[U],Yang Gao [U], Stephen Tauber[D], Bernd Turk[R]. Precinct 6: Warden: Dorothy Boggia [R]; Clerks: Ann Webster[U]&Richard Bair{U] ; Inspectors: Charles Price [U], Sandra Gasbarro [U], Joann Gschwendtner[U], L. Susan Conway [U], Susan Folger[U], Margaret Freeman [U], Sheilah Dreyer [U], George Eisenberg [U], Maida Eisenberg [U], Lisa Sandeen [U], Carol Snell [D], Jane Halverson [U],Jean Shanahan [U], Charles Winchester[R]. Precinct 7: Warden: Alice M. Pierce [D]; Clerks: Margaret Bradley [D] & James Wood [Dj; Inspectors: Isabelle ,^, Bennett[R], Mary Burnell [U], Doris Barg [U], Pamela Marshall [D], Martha Wood [D], Jane Trudeau [D], Marsha Baker[D], Harry Forsdick [U], Carol Flynn [U], George Burnell [U], Patricia Elen Costello [U], Susan R. Rockwell [U], Barbara Mix[R], � Precinct 8: Warden: Chet P. Webster [U]; Clerks: Julie C. Sibert [U], Margaret Counts-Klebe [D]]; Inspectors: Ann Diamond [U], Elinor Bettencourt [R), Anthony Montagna [U], Anne 0'Neill [U], Julie Miller [U], Maureen Burns [U], Barbara L. Perrotta [D], Jessie Steigerwald [U], Karen Boudreau [D], Lorain Marquis [U], Charles Winchester[R]. Precinct 9: Warden: Shirley Ament-Bergey [D]; Clerks: Clark Schuler [U], Michael Fenollosa [D], & Marilyn Fenollosa [D]; Inspectors: Judith Schuler[U], Carole Scalise [R], Harry Farrington [U], Edgar Knudson [D], Louis Mula [U], Constance Cooper [D], Margaret Quinn [D], Judith Mello [U], Angela Marcucci [U], William Riccio [U], Robert Boucher[U]. The election officers were sworn to the faithful performance of their dufiies. The polls were declared open in each precinct at seven o'clock A.M. and remained open until eight o'clock P.M., at which time, after due notice, declared closed. Absentee& Provisional Ballots Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pctl Pct8 Pct9 TOTAL Registered,Specially Qualified&UOCAVA Ballots Processed 92 155 104 179 142 157 109 96 107 1141 Voted In-Person&Counted 22 58 24 68 45 57 44 29 38 385 Returned&Counted 51 80 61 80 85 72 51 49 53 582 Re'ected/Late/Not returned 19 17 19 31 12 28 14 18 16 174 ._ Federal Write-In Received& Counted 1 1 Total Absentee Ballots 92 155 104 179 14Z 157 109 97 107 1142 UOCAVA Ballots Processed 5 8 3 4 4 8 5 4 1 42 UOCAVA Ballots Ret'd/Counted 4 6 0 1 3 5 4 31 1 27 Provisional Ballots Processed 0 0 5 0 0 0 2 1 1 9 Provisional Ballots Cast 0 0 1 0 0 0 1 1 1 4 ��6 November 4, 2014 State Election, cont.... The total number of registered voters in each precinct eligible to vote as of October 15, 2014: Registered Voters Precinct Registered. Democrat Republican Unenrolled Other Voters 1 2056 824 170 1055 7 2 2507 1101 209 1278 9 3 2086 822 189 1067 8 4 2445 998 213 1228 6 5 2585 934 265 1381 5 6 2456 923 292 1237 4 7 2386 874 224 ]28l 7 , 8 2332 874 206 1244 8 9 2392 836 238 1314 4 Totals 21245 8096 2006 11085 58 Recap sheets were delivered to the Town Clerk at the Town Office Building; 63% of the registered voters cast their vote. The Town Clerk canvassed the results November 4, 2014 State Election Results Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL Total Re Voters 2056 2507 2086 2445 2585 2456 2386 2332 2392 21245 Total Votes 1235 1664 1252 1605 1546 1543 1534 1454 1468 13301 % Total VoteslTotal Voters 60% 66% 60% 66% 60% 63% 64% 62% 61% 63°/a SENATORIN CONGRESS EDWARD J.MARKEY 910 1276 930 1160 1071 1055 1085 1051 988 9526 BRIAN J.HERR 285 333 285 394 422 439 402 345 431 3336 ALL OTHERS 0 0 0 1 0 1 1 1 2 6 BLAN KS 40 55 37 50 53 48 46 57 47 433 GOVERNORILIEUTENANT GOVERNOR BAKER and POLITO 444 538 455 602 622 644 594 536 619 5054 ---. COAKLEY and KERRIGAN 750 1060 747 942 868 846 882 855 798 7748 1 FALCHUCK and JENNINGS 26 39 30 30 31 28 34 27 26 271 � LIVELY and SAUNDERS 2 5 5 7 2 3 8 2 10 44 McCORMICK and POST 4 3 7 6 4 5 5 8 3 45 ALL OTHERS 1 0 0 0 1 0 1 0 1 4 BLANKS 8 19 8 18 18 17 10 26 11 135 ATTORNEY GENERAL MAURA HEALEY 847 1216 883 1123 1015 994 1050 991 957 9076 JOHN B.MILLER 333 360 314 402 461 481 414 380 457 3602 ALL OTHERS 0 0 0 0 0 0 0 0 0 0 BLANKS 55 88 55 80 70 68 70 83 54 623 SECRETARY OF STATE WILLIAM FRANCIS GALVIN 878 1231 892 1133 1059 1078 1091 1014 1007 9383 DAVID D'ARCANGELO 236 251 243 304 361 333 317 288 327 2660 DANIEL L.FACTOR 53 75 45 61 46 38 42 47 59 466 ALL OTHERS 0 1 0 1 0 0 0 0 0 2 BLANKS 68 106 72 106 80 94 84 105 75 790 TREASURER �-� DEBORAH B.GOLDBERG 739 1085 792 982 890 894 910 869 822 7983 � MICHAEL JAMES HEFFERNAN 347 362 323 440 476 480 424 386 474 3712 IAN T.JACKSON 55 77 52 52 78 51 69 62 77 573 ALL OTHERS 0 0 0 0 0 1 0 0 0 1 BLANKS 94 140 85 131 102 117 131 137 95 1032 AUDITOR SUZANNE M.BUMP 731 1034 754 932 869 846 888 815 806 7675 PATRICIA S.SAINT AUBIN 316 356 334 420 461 470 429 388 430 3604 MK MERELICE 51 86 41 66 72 56 57 67 77 573 ALL OTHERS 0 0 0 0 0 0 0 0 0 0 BLANKS 137 188 123 187 144 171 160 184 155 1449 _ __ --- - ---___ - __ _ . _ -------- _ _ � -__- -- _ _ _ _ __ --- _ _ ------ __ 33� November 4, 2014 Stafe Election, conf.... Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL ' REPRESENTATIVE IN CONGRESS FIFTH DISTRICT KATHERINE M.CLARK 913 1241 950 1195 1075 1079 1100 1027 1055 9635 William Wilt 0 0 0 0 0 0 0 0 0 0 ALL OTHERS 8 4 0 10 8 2 6 ' 9 8 55 BLANKS 314 419 302 400 463 462 428 418 405 3611 COUNCILLOR THIRD DISTRICT MARILYN M.PETITTO DEVANEY 720 998 741 919 837 821 859 817 829 7541 THOMAS SHEFF 256 325 287 357 396 380 366 306 365 3038 ALL OTHERS 2 1 0 1 0 1 1 0 1 7 �� BLANKS 257 340 224 328 313 341 308 331 273 2715 SENATOR IN GENERAL COURT FOURTH MIDDLESEX DISTRICT KENNETH J.DONNELLY 862 1207 k'�;ti�„��`�;"i�t� 1116 1038 1030 1066 ��'�"i��'�I"'��,' �� 'i`��'� ` 6319 �S f'�:M��i,yY f''� . �i��M1��l+�i 1 1 fl "�I�1 . ALL OTHERS 4 2 �i�°.,��;��a��' 5 4 1 3 ��i"��t�..�3,��'�J`�;� ��T�'!�:� �, ' 19 _ BLANKS 369 455 ;;'9"Gat�'":��'`' 484 504 512 465 's��"''�,��u'i�j�F�i �r;��,„ .�� I 2789 SENATOR IN GENERAL COURT THIRD MIDDLESEX DISTRICT MICHAEL J.BARRETT �f�?��.�I�k�v�l�',I�E`}��y�� 866 �Yr�h��'�"��'��'a."+��i�y��`��'.�,�,��'�� '�.�:. � ��. � , �� ,�t�. 984 936 2786 ��r��z��`'��I�W�'F'_�r,r� 283 �?`��[��'i��r F.��I��`�',�,�r� '��;;�,i �'�w�"( 331 419 1033 SANDI MARTINEZ ,r.,.,, H `s� �'��,,., Fn�H f� �G; ��f�k: tl�� "�f �tr��r („.- �i1i. y 1�lrl' ALL OTHERS ,j�r�G��i�:�pi'a�l '�R��;�1��"�!��i 0 rf!�Fh,��.�,��i�;�'}�i�y�i��;I�;P�,��;��:.. �ih.."�i.�.��ai, 1 3 4 � _ ��t p N{ ��i�f �x��h4+�f k i��P �4¢�d "��F iG� � P ��i:a � BLANKS �'l�'�rh1.�"��!' �p ,.��IRi4a, 103 w,��;I';��;h?,u�;n�`,�'1�1�p� I 1 C,��s�'�n T�I:'' 138 110 351 � 1 �, �� t..a 7�': � 1L'�p�. � t REPRESENTATIVE IN GENERAL COURT FIFTEENTH MIDDLESEX DISTRICT JAY R.KAUFMAN 908 1296 946 1207 1106 1125 1148 1113 1107 9956 ALL OTHERS 8 2 0 4 10 3 1 12 11 51 BLANKS 319 366 306 394 430 415 385 329 350 3294 DISTRICT ATTORNEY NORTHERN DISTRICT MARIAN RYAN 853 1182 891 1092 1020 1010 1045 980 1003 9076 , ALL OTHERS 3 2 0 4 4 1 6 6 7 33 BLANKS 379 480 361 509 522 532 483 468 458 4192 REGISTER OF PROBATE MIDDLESEX COUNTY TARA E,DeCRISTOFARO 758 1061 766 931 892 844 880 840 835 7807 JOHN W.LAMBERT,SR. 285 313 313 384 439 439 396 352 415 3336 ALL OTHERS 0 0 0 1 0 0 1 0 1 3 BLANKS 192 290 173 289 215 260 257 262 217 2155 QU:ESTION 1 Initiative Petition State's Gasoline Tax Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL YES 461 585 430 541 616 577 597 540 603 4950 NO - 713 1003 763 997 864 894 868 832 795 7729 BLANKS 61 76 59 67 66 72 69 82 70 622 QUESTION 2 Initiative Petition Ex and the Bottle Bill Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL YES 554 834 576 814 648 714 681 647 558 6026 NO 642 785 639 758 851 803 823 751 86Z 6919 BLANKS 39 45 37 33 47 26 30 56 43 356 �� QUESTION 3 Initiative Petition Gamin Commission Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL YES 700 1042 730 1039 840 930 920 808 834 7843 NO 495 565 478 527 645 584 578 580 588 5040 BLANKS 40 57 44 39 61 29 36 66 46 418 QUESTION 4 Initiative Petition Earn and use Sick Time Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL YES 809 1123 831 1066 981 946 970 907 � 887 8520 NO 369 467 362 484 504 541 517 469 523 4236 BLA�KS 57 74 59 55 61 56 47 78 58 545 ��8 November 4, 2014 State Electron, cont.... QUESTION 5(Not Binding) Regulate and tax marijuana in the same manner as alcohol Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL YES 767 1103 794 1020 965 945 972 932 911 8409 NO 268 299 254 319 340 360 340 305 340 2825 BLANKS 200 262 204 266 241 238 222 217 217 2067 A true copy. Attest: ► U� ��' Donna M. Hooper, Town Clerk _ Appointed by Town Manager Carl F, Valente, Nathalie L. .Rice, �lA Red Rail �'arm, Lincoln, was sworn in as Town Clerk on necemher 15, ?�14 hv nonna M. Nooner, Justice of the Peace. ��h� ; __ __ ____ __._ _--- i ---- ---- _ �� Town of Lexington —Annual Town Election — March 2, 2015 (SEE WARRANT FILE for Warrant) In pursuance of the foregoing warrant, the legal voters of the Town of Lexington met at 7:00 a.m. in their respective voting places in said town, Monday, March 2, 2015. The following places were designated as the voting places for the various precincts: Precinct One, School Administration Building; Precinct Two, Bowman School; Precinct Three, Jonas Clarke Middle School; Precinct Four, Bridge School; Precinct Five, School Administration Building; Precinct Six, William Diamond Middle School; Precinct Seven, Joseph Estabrook School; Precinct Eight, Samuel Hadley Public Services Building; Precinct Nine, Maria Hastings School. The election officers and Wardens were assigned for duty as follows: Precinct 1: Warden: Richard Pemberton[U]; Clerk: Jodi Schott-Marcell [D]; Inspectors: Marion Barry . [D], Eileen McAlduff[U], Margaret Oullette[D], Doris Pemberton [U],Verna Thayer[U], Jeanette Cerulli [D]. Precinct 2: Warden: Rebecca Fagan Gorospe[U]; Clerks: Richard Eaton [U], Susanne Hays(U]; Inspectors:Arline Burns[U],Winston Flynn [U], Claire Martin [U], Katherine O'Sullivan[U], Josephine Petner[D�. Precinct 3: Warden: Michael Fenollosa[D]; Clerk:Amy Rubin [U]; Inspectors: Joel Adler[U],Ann Anderson [D], Samuel Berman [D],Ann Canter[U], Carol Daniels[D�, Marilyn Fenollosa [D], Faith Fenske[U], Maria Griffin [U], Sally Lawlor[R], Elizabeth McLaughlin [U], Laura Welby[U]. Precinct 4: Warden: Linda Dixon [U]; Clerk; Mary Ellen Turner[D]; Inspectors: Beverly Aker[U], Dorothy Bolduc[U], Gloria Curran [U], Francine Edwards[U],William Frawley[D], Shirley Frawley[D], Evangeline Puopolo[U], Elaine Quinlan [U], Eleanor Smith [U]. Precinct 5: Warden: Marie Hill [U]; Clerk: Josephine Bailey[U]; Inspectors: Linda Cohen [U], Patricia Costello[U], Yang Gao[U], Christine Hill [D], Donna Keane [U], Stephen Tauber[D], Lorraine Setterlund (U]. Precinct 6: Warden:Ann Webster[U]; Clerks: Richard Bair[D], Margaret Freeman [D]; Inspectors: Susan Alyn [D], Diane Biglow(U], Charles Freeman [R], Joann Gschwendtner[U], D. Peter Lund[R], Charles Price[U], E.Ashley Rooney[D]. Precinct 7: Warden:Alice Pierce[D]; Clerks: Margaret Bradley[D], James Wood [D]; Inspectors: Pamela Marshall (D],Judith Mello [U], Susan Rockwell [U], Dorothy Tutko[U], Martha Wood[D]. � Precinct 8: Warden: Chet Webster[U]; Clerk: Julie Sibert[U]; Inspectors: Maureen Burns [U], Elinor Bettencourt[R],Ann Diamond [U], Julie Miller[U], Lorain Marquis[U],Anthony Montagna[U],Anne - O'Neill [U], Barbara Perrotta [U]. Precinct 9: Warden: Shirley Ament-Bergey[D]; Clerk: Margaret Counts-Klebe[D]; Inspectors: Sheilah Dreyer[U], Robert Boucher[U],Angela Marcucci[U], Constance Cooper[D], Clark Schuler �U], Margaret Quinn [D],William Riccio[U], Francine Stieglitz[D], Robert Warshawer[U]. The election officers were sworn to the faithful performance of their duties. The polls were declared open in each precinct at seven o'clock a.m. and remained open until eight o'clock p.m., at which time, after due notice, the polls were declared closed. Election results were delivered to the Town Clerk at the Town Office Building.16% of the registered voters cast their vote. The Town Clerk tallied the results as follows: ABSENTEE BALLOT BREAKDOWN Applications Processed Total Ballots Ballots Not Returned/ Returned/ Late/Undeliverable/Rejected Pct In Person Mail Counted 1 4 11 14 1 2 7 5 11 1 3 7 19 20 6 4 6 10 11 5 5 16 19 28 7 6 12 9 20 1 7 7 11 13 5 8 12 7 15 4 9 4 5 7 2 W Totals 75 96 139 32 Total of 20,888 re istered voters eli ible to vote as of Februa 10, 2015. Precinct 1 2 3 4 5 6 7 8 9 Total TotalReg. 1996 2488 2022 2397 2543 2411 2366 2291 2374 20888 Democrat 793 1001 792 977 911 897 863 868 832 7934 Re ublican 164 205 179 216 264 282 225 198 224 1957 Unenrolled 1032 1274 1045 1198 1363 1226 1272 1219 1313 10942 Green Rainbow 3 6 2 3 3 1 2 0 1 21 United Inde . 1 0 1 1 0 2 0 0 1 AllOthers 3 2 3 2 2 3 4 6 3 28 `°�� Annual Town E/ection-Monday,March 2,2015, cont... TOWNWIDE OFFICES Offical Resufts IANNUAL TOWN ELECTION MARCH 2,2015 I ------. __.__._ _.._ - ,-----,-- --. ....— ----- ---__: ------ __ .. � PCT 1 � PCT 2 � PCT 3 PCT 4 � PCT 5 I PCT 6 ' PCT 7 � PCT 8 PCT 9 TOTAL TOTAL VOTERS I � 1996'i 2488• 2022a 2397 2543 2411! 2366 2291i 2374 20888 otalVotes ' 272' 357� 268! 438i 337 399i 413 446i 401 3331 Percent 14% 14%�-----13%�_ 18%f___ 13% 17%% 17% 19% 17% 16% _------- ------ ---.- : ---G �._.... �.._ ----i —-- __ _- - i , i I ' PCT 1 !, PCT 2 I PCT 3 i PCT 4 I PCT 5 I PCT 6 ' PCT 7 � PCT 8 'i PCT 9 � TOTAL ( � � ' � ' � �i SELECTMAN No�ro�oH�;ro�nie�raan� ' � � ; I � i I, , Blanks ; 81': 115� 91� 133 108 125; 126' 139; 130 1048 ------------.....�._--.�.--------------------[-----�-----------------._...----------_--____.._. PETERC.J.KELLEY 188'. 239 175 300E 229� 271:, 281 302; 268 2253 AlI 0thers ( 3' 3 j 2 5 0 3 i 6 5: 3 30 I � i 'i MODERATORNo�foroN�;toroNEvear) ' I i � I I �I Blanks ' I 74' 102� 83j 121 1011 100'; 97� 125' 129 932 DEBORAH J.BROWN I 195', 255I 183 317 236 294' 312 320: 272 2384 — E _----� __ _.... __.. -- —_ ; ..- �-_ -- -- - _ __ -- ---- AllOthers � 3 0 2; 0{ 0 5 _ 4 1 OI 15 _ i. � ._— - - i---- ___. . �_-- --- ------- ---- --- _- -. . ._ . _ i , I i SCHOOLCOMMITTEE(votetorn�vo;torn�rt�vears) J j � � i Blanks � 65' 104) 117! 137' 1021 107; 121I 88i 126I 967 WILLIAM J.HURLEY ; 192� 238j 133j__293!__241—�256' 295, 316! 254j 2218 ---� ---- �---- '— -- �-- —r—-----'—�—_.--.- —' .---- JESSIESTEIGERWALD I 170 189 103 241� 1751 229 259�_ 325 257� 1948 — ----..__ T _r--- �—.._—.__,___— ---� ___. —,�. _ _._.� ----.._� .. _ _— THOMAS R.DIAZ _� 117; 1821 1821 203; 156y 204i 147� 162: 165� 1518 -- � --�— — — � __ � _. L— - -- — AII Others 0 1� 2 4 i 1 0� 11 ' 1' 2k 0', ____. , __._. ___ i______ _ � .___ �_.__ _ _t_ __,_ __�. i a i i PLANNING BOARD(votetor�uvo;forTHREEYears) � i i I I Blanks i 253; 329' 243':. 427_ 305' 357 371! 378 376' 3039 RICHARD L.CANALE � 142, 196 150i 239; 182j 220: 227! 259, 229� 1844 GINNAJOHNSON � _ _ 148' __9 __143� 210� 187�___ 219'! 225i 255 ___195,__ 1771 - --�- - - --�--- - --�------- ---� -- I� , � -- AIIOthers ' ; 1; 0� 01 0{ 0. 2 31 0 2� 8 ---�= � I � � i �� — LEXINGTONHOUSINGAUTHORITYcvoteFoeoN�;ro�Flveve�� j I i I ----- — _._— �_...----� F — ----- ----� 146 149 1182 LEO P.�SWEENEY --_ _ � 181 2341 156j--- 274� 224 255; 269 ------- _---- ---- Blanks i____ 91 123 111� 16_4E 113 44, ' 300 250 2143 � ----'- -- I I _...._ AllOthers ---_ 0, 0 1I 0 0 0; _ . .._3I _ .� ___?� _.__.-6- _..._.._ _.___. . _.._.._ , _._._. _,_... ._..._ I � i � � TOWN MEETING MEMBERS PRECINCT 1 —Seven for Three Years Total Total *JOEL A.ADLER 166 James L.Avery 2 *JEAN W.COLE 166 Matthew W.Cunha 2 *�UDITH L.ZABIN 164 Dirk Armstrong 1 *MARY ANN STEWART 157 Tanya J.Gisolfi-McCready 1 *ROBERT W.CUNHA 153 Michael Molla 1 *ELAINE M.ASHTON 148 All Others 0 *BELLA D.TSVETKOVA 139 Blanks 804 elected for.•*3 years PRECINCT 2 —Seven for Three Years Total Total *MARGARET OUELLETTE 227 John J.McAleer III 2 *JENNIFER M.VOGELZANG 227 David A. Moschella 2 *MARIAN A.O.COHEN 214 Alan Oliff 2 *PETER B.LEE 210 Caleb C.Rogers 2 *RICHARD L.NEUMEIER 209 Erik Wang 2 *Syed A.Rizvi 33 Seth R.Webster 2 *Jason E.Bressner 14 All Others 7 elected for.�*3 years Blanks 1346 Annual Town Election-Monday,March 3,2015, cont... PRECINCT 3 —Seven for Three Years; One for One Year Total Total *ROBERT ROTBERG 179 *SARAH J. NATHAN 137 *LETHA MS PRESTBO 158 *'`Michael J.Martignetti 75 *SHIRLEY RAUSON FRAWLEY 150 Samuel Berman 1 *MICHAEL J.SCHANBACHER 141 Alexis Porras 1 *MARGARET B.STORCH 139 All Others 0 *BETH J. MASTERMAN 137 Blanks 1026 elected for:*3 years; **one year —- ---_ _ _— --_-- --_ _ �--- ____—___ _ _ ------- --___._ ._ __. __ __ ___ ----- __ � PRECINCT 4— Seven for Three Years; One for One Year Total Total 'CLAIRE B.SHETH 246 '�GERALD PAUL 183 '`KATHLEEN M.LENIHAN 236 Melanie I. Blower 1 *JILL I. HAI 233 David C. Kluchman 1 *EILEEN S.JAY 213 Nick Santosuosso 1 *PETER DAVID ENRICH 212 All Others 0 *GLORIA J. BLOOM 197 Blanks 1791 *ROBERT N.COHEN 190 elected for.•*3 years;**one year PRECINCT 5—Seven for Three Years Total Total *WILLIAM J.HURLEY 241 "JOHN HAYWARD 172 *ELAINE DRATCH 226 *SAATVIK AHLUWALIA 163 -� *SAM SILVERMAN 189 All Others 0 *MARC A.SAINT LOUIS 179 Blanks 1011 *LISA L.SMITH 178 elected for. *3 years PRECINCT 6—Seven for Three Years Total Total *BEBE H. FALLICK 225 "TODD J.CATALDO 144 *JANE PAGETT 220 OSMAN BABSON 143 " *EDMUND C.GRANT 216 TAMARA KARIN JO 143 *EDITH SANDY 199 Christian L. Boutwell 1 *THOMAS S.BRENNAN 190 Sophia Ho 1 *BRIAN P.KELLEY 190 All Others 0 elected for.•�3 years Blanks 1121 PRECINCT 7 —Seven for Three Years Total Total *RAVISH KUMAR 241 *BENJAMIN L:MOROZE 159 *MARSHA E. BAKER 207 TIMOTHY E.ZACK 124 'PHILIP K.HAMILTON 184 LEONARD J.MORSE-FORTIER 93 *FRED H.MARTIN 179 ETHAN HANDWERKER 70 �—�- *RAUL MARQUES-PASCUAL 176 JONATHAN D:HAUKE 69 � y *STACEY A. HAMILTON 176 All Others 0 elected for*3 years Blanks 1213 PRECINCT 8 —Seven for Three Years; One for two years Total Total *JESSIE STEIGERWALD 309 *JAMES A.OSTEN 223 *SANJAY PADAKI 267 *SHIRLEY H. STOLZ 219 *LISA J.MAZERALL 243 ***DIANE M. BIGL:OW 216 *WEIDONG WANG 239 LARRY N. BELVIN 210 *INGRID H.KLIMOFF 229 All Others 0 elected�3 years;**"`two years Blanks 1413 PRECINCT 9 — Seven for Three Years; One for One Year Total Total *MOLLIE K.GARBERG 215 **PAMELA KUMARI JOSHI 167 *SCOTT A. BOKUN 210 MARK R.VITUNIC 165 *SUSAN M.BUCKLEY-KINGSBURY 196 JESSE F.SEGOVIA 125 *RICHARD L.CANALE 191 Ashmita Khasnabish 1 *JUSTINE A.WIRTANEN 182 All Others 0 *�IARAIN D. BHATIA 180 Blanks 1406 *PHILIP T.JACKSON 170 elected for*3 years; **1 year A true copy. � - Attest: �€��c,,� _ � / Nathalie L. Rice, Town Clerk 342 . March 23,2015 Annual Town Meeting Moderator Deborah Brown called the 2015 Annual Town 1kIeeting to order at 7:3p p.m., Monday, March 23, 2015, Lexington High School, Donald J. Gillespie, Jr. Auditorium; a quorum in excess of 100 members present. The William Diamond Fife and Drum Corps led the Lexington Minutemen to post the colors, followed by the playing of the National Anthem. Town Clerk,Nathalie L. Rice, read the Warrant for the Annual Town Meeting until waived. The Town Clerk read the Constable's Return of Service: 7:40 p.m. Moderator Brown recognized and called a moment of silence for the passing of Ruth ' Nablo and Robert Kent, two former long-term Town Meeting Members. ' The Moderator opened the Annual Town Meeting under Article 2. 7:40 p.m. Presented by Joseph Pato; Chair, Board of Selectmen. ARTICLE 2: ELECTION OF DEPUTY MODERATOR MOTION: That Deborah Strod be approved as Deputy Moderator. Unanimously Adopted. The Moderator reviewed meeting procedures and electronic voting system, (to be tested in Special Town Meeting#1). 7:45 p.m. The Moderator declared the Arinual Town Meeting to be in recess. . March 23,2015 Special Town Meeting#1 - Moderator Deborah Brown called to order the 201 S Special Town Meeting#1 at 7:46 p.m., Monday, March 23, 2015, Lexington High School, Donald J. Gillespie, Jr. Auditorium; a quorum in excess of 100 members present. Town Clerk,Nathalie L. Rice, read the Special Town Meeting#1 Warrant until waived. The Town � Clerk read the Constable's Return of Service. ^ The Moderator called for a test of the electronic voting system, with the intention of continuing to use the electronic voting devices for the 20 i 5 Annual and Special Town Meetings. Additional rules for order were reviewed. � 7:52 p.m. The Moderator declared the Special Town Meeting#1 to be in recess. 7:52 p.m. Selectman Joseph Pato moved to adjourn Annual Town Meeting until completion of � Special Town Meetings#1 and#2. Motion Adopted. March 23, 2015 Special Town Meeting#2 Moderator Deborah Brown called to order the 2015 Special Town Meeting#2 at 7:53 p.m., Monday, Marcli 23, 2015, Lexington High School, Donald J. Gillespie,Jr. Auditorium; a quorum in excess of 100 members present. � Town Clerk,Nathalie L. Rice, read the Special Town Meeting#2 Warrant until waived. The Town Clerk read the Constable's Return of Service. 7:52 p.m. At the request of the Moderator, Selectman Joseph Pato moved to recess the 2015 Special Town Meeting#2 and return to Special Town Meeting#1. Motion Adopted. � 7:53 p.m. Moderator Deborah Brown declared the Special Town Meeting#Z to be in recess. i . _____ __ ----- --'-- �---- --------- _--__ __------_- -_ ____ ___--- __--_ ____--- - 343 Ma�ch 23, 2015 Special Town Meeting#1, cont... Mod�rator Deborah Brown called Special Town Meeting#1 back to order at 7:56 p.m. and open under Article 1. ARTICLE 1: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES 7:58 p.m. Jessie Steigerwald, Pct. 8, Chair, School Committee, moved the Report of the School Committee be received and placed on file. Unanimously Adopted. Ms. Steigerwald presented the Report, noting the work of the Committee to meet enrollment needs. 8:12 p.m. Jill Hai, Pct. 4, Chair, Capital Expenditures Committee, moved the Report of , the Committee be received and placed on file. Unanimously Adopted. � 8:13 p.m. Glenn Parker, Pct. 3, Chair, Appropriation Committee, moved the Committee's Report be received and placed on file. Unanimously Adopted. 8:13 p.m. Presented by Jessie Steigerwald, Chair, School Committee. ARTICLE 2: APPROPRIATE FOR SCHOOL FACILITIES CAPITAL PROJECTS MOTION: That the Town appropriate $4,080,000 for design, engineering and architectural services for plans and specifications for constructing new school buildings and additions to existing school buildings, including modular classrooms, and for remodeling and reconstructing existing school buildings, and for the payment of all other costs incidental or related thereto; that to raise such amount the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow$4,080,000 under M.G.L., Chapter 44, Section 7 or any other enabling authority; and that the Board of Selectmen and any other appropriate Town officials are authorized to take any other action necessary or convenient to carry out these projects. 8:13 p.m. Jill Hai; Chair, Capital Expenditures Committee, reported unanimous support of the Cominittee. 8:14 p.m. Glenn Parker, Chair, Appropriation Committee, reported unanimous support of the Committee. � 8:14 p.m. Selectman Joseph Pato reported on Article 2 and stated unanimous support of the Board. ``-� 8:15 p.m. Bettina McGimsey, 11 Hamblen Street, Chair, PTA and PTS President's Council, reported unanimous support of the two boards. 8:20 p.m. Ms. Steigerwald responded to questions regaxding overcrowding, cost of new construction, modular classrooms and remodeling. 8:26 p.m. John Himmel, Pct. 6, Chair, Permanent Building Committee, addressed questions regarding cost justifications. 8:42 p.m. Superintendent of Schools, Dr. Paul Ash, addressed importance of timely funding; raised possibiliiy of redistricting to solve overcrowding. 8:56 p.m. Judith Crocker, Pct. 5, School Committee, explained build-out cost to meet school needs was anticipated at approximately$118M. 9:04 p.m. Paul LaPointe, Pct. 2, spoke in opposition. 9:06 p.m. Michael Martignetti, Pct. 3, called the question. Motion Adopted. 9:07 p.m. Following electronic vote tallying, the Moderator declared Article 2 Adopted by more than the necessary two-thirds on a vote of: Yes No Abstain 162 8 4 9:09 p.m. Andrew Friedlich, Pct. 5, Chair, Town Members Meeting Association, introduced Dr. Mary Czajkowski, Superintendent of Schools, (appointment effective July 1, 2015). 9:10 p.m. Selectman Joseph Pato moved the March Special Town Meeting#1 be dissolved. Motion Adopted. A true copy. .Attest: �:��.^ . � C.� athalie L. Rice RECORD OF ELECTRONIC VOTING FOR SPECIAL TOWN MEETING#1 IS SHOWNAFTER SPECIAL TOWN MEETING#2 IN COMBINED TABLE 344 March 23, 201 S Special Town Meeting#2, cont... Moderator Deborah Brown called the March 23, 2015 session of the 2015 Special Town Meeting#2 back to order at 9:10 p.m. ARTICLE 1: REPORTS OF TOWN BOARDS, OFFICERS AND COMMITTEES � 9:11 p.m. Marilyn Fenollosa, Pct.l, Chair, Community Preservation Committee, moved the Report of the Committee be received and placed on file. Unanimously Adopted. 9:12 p.m. Jill Hai, Chair, Capital Expenditures Committee, moved the Report of the Committee �_ be received and placed on file. Unariimously Adopted. 9:12 p.m. Glenn Parker, Chair, Appropriation Committee, moved the Report of the Committee to Special Town Meetings#1 and#2 be received and placed on file. Unanimously Adopted. 9:13 p.m. Presented by Selectman Peter Kelley. ARTICLE 2: PUMP STATION REPAIRS MOTION: That $750,000 be appropriated for making extraordinary repairs to the main wastewater pump station off of Route 95/128 and sewerage systems related thereto including engineering studies and the purchase of equipment in connection therewith, and to raise such amount$750,000 be appropriated from Wasiewater Fund Retained Earnings. 9:13 p.m. Selectman Peter Kelley outlined the requested action and reported unanimous support of the Board. 9:13 p.m. Jill Hai, Chair, Capital Expenditures Committee, reported unanimous support of the Committee. 9:14 p.m. Glenn Parker, Chair, Appropriation Committee, reported unanimous support of the Committee. 9:15 p.rn. Following electronic vote tallying, the Moderator declared Article 2 Adopted by more than the necessary two-thirds on a vote of: Yes No Abstain 169 0 2 9:18 p.m. Presented by Selectman Peter Kelley. ARTICLE 3: APPROPR.IATE FOR PURCHASE OF FIRE ENGINE MOTION: That$500,000 be appropriated for the purchase of a fire engine, and that to meet this appropriation the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow$500,000 under M.G.L Chapter 44, Section 7(9) or any other enabling authority. 9:18 p.m. Selectman Peter Kelley presented the requested action and reported unanimous support of the Board. 9:18 p.m. Jill Hai, Chair, Capital Expenditures Committee, reported unanimous support of the Committee. 9:18 p.m. Glenn Parker, Chair, Appropriation Committee, reported unanimous support of the Committee. 9:20 p.m. Selectman Joseph Pato explained there would be no net cost to the Town for the ne�v fire engine due to a previous claim settlement on a faulty fire engine. 9:20 p.m. Following electronic vote tallying, the Moderator declared Article 3 Adopted by more than the necessary two-thirds on a vote of: Yes No Abstain 169 0 2 9:25 p.m. Presented by Selectman Michelle Ciccolo. ARTICLE 4: APPROPRIATE FOR CARY MEMORIAL BULDING SIDEWALK ENHANCEMENT . MOTION: That $194,200 be appropriated for the Caxy Memorial Building sidewalk enhancement, and to meet this appropriation $194,200 be appropriated from the Historic Resources Reserve of the Community Preservation Fund. 9:25 p.m. Selectman Michelle Ciccolo presented the requested action and reported the unanimous support of the Board. _____-- ____ ___._-.---- r --_ ___-- ___ ___ -___ ____ _____ ___ __ ___ _ 345 March 23, 201 S Special Town Meeting#2, cont... 9:27 p.m. Marilyn Fenollosa, Chair, Community Preservation Committee, reported unanimous support of the Committee. 9:27 p.m. Jill Hai, Chair, Capital Expenditures Committee, reported unanimous support of the Committee. 9:27 p.m. Glenn Parker, Chair, Appropriation Committee, reported unanimous support of the Committee. 9:28 p.m. Patrick Goddard, Director of Public Facilities, reported sidewalk enhancement had not been included in the 2014 renovations to the Cary Memorial Building, and stated DPW was . working with the Commission on Disability refining design. � 9:32 p.m. On behalf of the Commission on Disability, Selectman Joseph Pato reported �-- unanimous Commission support. 9:32 p.m. Members discussed connection of project to Center Streetscape Project. 9:34 p.m. Following electronic vote tallyi�g,the Moderator declared Article 4 Adopted by more than the necessaxy two-thirds on a vote of: Yes No Abstain 166 4 3 9:36 p.m. Presented by Selectman Suzanne Barry. ARTICLE 5: AMEND FY2015 OPERATING,ENTERPRISE AND CPA BUDGETS MOTION: a)That the following amounts be appropriated to the following line items for the current fiscal year's budget as approved under Article 4 of the 2014 Annual Town Meeting, and that said amounts be transferred from the following sources: LINE ITEM PROGRAM FROM TO � 8230 Salary Transfer Account $878,000 $846,100 4130 Police Expenses $760,700 $765,200 And further that$4,500 be appropriated from the Parking Meter Fund to finance the supplemental appropriation to Police Expenses, line item 4130; and b)That the following amounts be appropriated to the following line items for the current fiscal year's budget as approved under Ai-ticle 5 (c)of the 2014 Annual Town Meeting, and � that said amounts be transferred from the following sources: LINE ITEM PROGRAM FROM TO 5120 Recreation Salaries $704,615 $736,515 And further that$31,900 be transferred from the FY15 tax levy to finance the supplemental appropriation. 9:36 p.m. Selectman Suzanne Barry reported the unanimous support of the Board. 9:36 p.m. Moderator Deborah Brown recognized Town Manager, Carl Valente, who presented the requested action. 9:40 p.m. Glenn Parker, Chair, Appropriation Committee, reported unanimous support of the Committee. 9:41 p.m. Following electronic vote tallying,the Moderator declared Article 5 Adopted by more than the necessary two-thirds on a vote of: Yes No Abstain 168 0 3 9:42 p.m. Presented by Selectman Norman Cohen. ARTICLE 6: APPROPRIATE FOR AUTHORIZED CAPITAL IMPROVEMENTS MOTION: That the Town make a supplemental appropriation of$350,000 for the purchase and installation of modular classrooms at the Lexington High School; and that to meet this appropriation,the Town authorize an increase by said amount in the appropriation made under Article 4 of the November 4, 2013 Special Town Meeting, as amended under Article 22(b) of the 2014 Annual Town Meeting, so that the total appropriation authorized by such Town Meeting actions for these purposes be $8,545,000, and further that the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow said increased amount of$350,000 under M.G.L. Chapter 44, Section 7(9), or any other enabling'authority. 9:42 p.m. Selectman Norman Cohen presented the requested action and reported the unanimous support of the Board. ��6 March 23, 201 S Special Town Meeting#2, cont... 9:42 p.m. William Hurley, Pct. 5, School Committee, reported unanimous support of the Committee. 9:42 p.m. Jill Hai, Chair, Capital Expenditures Committee, reported unanimous support of the Committee. 9:42 p.m. Glenn Parker, Chair, Appropriation Committee, reported unanimous support of the Committee. 9:43 p.m. Dawn McKenna, Pct. 6, questioned whether Minuteman Regional High School (MMRHS) might aid in accommodating certain student needs. 9:45 p.m. William Hurley, Pct. 5, School Committee, responded. 9:47 p.m. Following electronic vote tallying, the Moderator declared Article 6 Adopted by more than the necessary two-thirds on a vote of: Yes No Abstain 165 3 3 9:48 p.m. Selectman Joseph Pato moved the March 23, 2015 Special Town Meeting#2 be dissolved. Motion Adopted. A true copy. Attest: �^��:-�-�.�_ � �- Nathalie L. Rice Special Town Meetings -#1 &#2 March 23, 2015 STM STM STM STM STM STM #1 #2 #2 #2 #2 #2 ' Article Article Article Article Article Article 2: 2: 3: 4: 5: 6: First Name Middle Last Name Pct. Michael �• Barrett AL Deborah �• Brown A� Abstain Abstain Abstain Abstain Abstain Abstain �„ Michelle Ciccolo A� Yes Yes Yes Yes Yes Yes Norman P• Cohen A� Yes Yes Yes Yes Yes Yes � Suzanne E• Barry A� Yes Yes Yes Yes Yes Yes Jay R• Kaufman AL Peter �•�• Kelley A� Yes Yes Yes Yes Abstain Yes Joseph N• Pato A� Yes Yes Yes Yes Yes Yes Joel A• Adler 1 Yes Yes Yes Yes Yes Nancy M• Adler 1 Yes Yes Yes Yes Yes � Yes Dirk Armstrong 1 No Yes Yes Yes Yes No John �• Bartenstein 1 Yes Yes Yes Yes Yes Yes Jean W• Cole 1 Yes Yes Yes Yes Yes Yes Jonathan �• Cole 1 Yes Yes Yes Yes Yes Yes Robert W• Cunha 1 Yes Yes Yes Yes Yes Yes Colin R• Hamilton 1 Yes Yes Yes Yes Yes Yes Brian E• Heffernan 1 Yes Yes Yes Yes Yes Yes lang Jeon 1 No Yes Yes Yes Yes No Janet M• Kern 1 Yes Yes Yes Yes Yes Yes Hongbin Luo 1 Yes Yes Yes Yes Yes Yes Eric �• Michelson 1 Yes Yes Yes Yes Yes Yes Elaine M� Ashton 1 Yes Yes Yes Yes Yes Yes John F• Rossi 1 Barry E• Sampson 1 Carol �• Sampson 1 Mary Ann Stewart 1 Yes Yes Yes Yes Yes Yes Bella �� Tsvetkova 1 Yes Yes Yes Yes Yes Yes Albert P• Zabin 1 Yes Yes Yes No Yes Yes Judith �• Zabin 1 Yes Yes Yes Yes Yes Yes S.Bijan Afshartous Z Yes Yes Yes Yes Yes Yes Laurel Carpenter 2 Yes Yes Yes Yes Yes Yes Marian A•�• Cohen 2 No Yes Yes Yes Yes Yes --- ----- -- - __..._____----___ _ — -- -- __ _ ---_ --_____— ___ ___ _____ ------_-------- -_. _ 1 -- ____—_ 347 March 23, 201 S Special Town Meetings #1 and#2 Electronic Voting Results, cont... Special Town Meetings-#1 &#2 (cont.) March 23, 2015 STM STM STM STM STM STM #1 #2 #2 #2 #2 #2 Article Article Article Article Article Article 2: 2• 3: 4: 5: 6• First Name Middle Last Name Pct. Kathryn Mayes Fields Z Yes Yes Yes Yes Yes Yes � Rita B• Goldberg 2 Yes Yes Yes Yes Yes Yes � Paul H• Lapointe 2 No Yes Yes Yes Yes Peter B• Lee 2 Yes Yes Yes Yes Yes Susan Leigh London Z Yes Yes Yes Yes Yes Yes Karen R• Longeteig 2 Yes Yes Yes Yes Yes Yes Michael McGuirk Z Richard �• Neumeier Z Yes Yes Yes Yes Yes Yes Barry Orenstein Z No Yes Yes Yes Yes Yes Michael �• O'Sullivan Z Yes Yes Yes Yes Yes Margaret Ouellette 2 Abstain Yes Yes Yes Yes Yes Ricki Pappo Z Yes Yes Yes Yes Yes Yes Jason E• Bressner . Z Yes Yes Yes Yes Yes Yes Kenneth �• Shine Z Yes Yes Yes No Yes Abstain Jonathan E• Suber Z Yes Yes Yes Yes Yes Yes lennifer M• Vogelzang Z Yes Yes Yes Yes Yes Yes Betsey Weiss 2 Yes Yes Yes Yes Yes Yes $yed A• Rizvi Z Letha MS Prestbo 3 Yes Michael �• Schanbacher 3 Bonnie E• Brodner 3 Yes Yes Yes Yes Yes Yes Dan H• Fenn,Jr. 3 Yes Yes Yes Yes Yes Yes Shirley Rauson Frawley 3 Yes Yes Yes Yes Yes Yes �._� Michelle Goddard 3 Yes Yes Yes Yes Yes Yes Steven P• Heinrich 3 Yes Yes Yes Yes Yes Yes Nancy �• Hubert 3 No Yes Yes Yes Yes Yes Johnson 3 Kenneth M• Kreutziger 3 Yes Yes Yes Yes Yes Yes leanne K• Krieger 3 Yes Yes Yes Yes Yes Yes Henry S• Lau 3 Yes Yes Yes Yes Yes Yes Michael �• Martignetti 3 Yes Beth � M asterm an 3 Yes Yes Yes Yes Yes Yes Sarah �• Nathan 3 Yes Yes Yes Yes Yes Yes Judith �• Pappo 3 Yes Yes Yes Yes Yes Glenn P• Parker 3 Yes Yes Yes Yes Yes Yes Cynthia Piltch 3 Robert Rotberg 3 No Yes Yes Yes Yes Yes Franklin E• Smith 3 Yes Yes Yes Yes Yes Yes Margaret B• Storch 3 Yes Yes Yes Yes Yes Yes Alessandro A• Alessandrini 4 Yes Yes Yes Yes Yes Nyles Nathan Barne rt 4 Yes Yes Yes Yes Yes Yes Gloria �• Bloom 4 Yes Yes Yes Yes Yes Yes Michael P• Boudett 4 Yes Yes Yes Yes Yes Yes Scott F• Burson 4 Yes Yes Yes Yes Yes Yes Robert N• Cohen 4 Yes Yes Yes Yes Yes Yes Kathryn R• Colburn 4 Yes Yes Yes Yes Yes Yes Thomas R• Diaz 4 Yes Yes Yes Yes Yes Yes Peter David Enrich 4 Yes Yes Yes Yes Yes Yes Jill �• Hai 4 Yes Yes Yes Yes Yes Yes Laura �• Hussong 4 Yes Yes Yes Yes Yes Yes Kathleen Lenihan 4 Yes Yes Yes Yes Yes Yes +�� March 23, 201 S Special Town Meetings #1 and#2 Electronic Votzng Results, cont... Special Town Meetings-#1 &#2 (cont.) March 23, 2015 STM STM STM STM STM STM #1 #2 #2 #2 #2 #2 Article Article Article Article Article Article 2: 2: 3: 4: 5: 6r First Name Middle Last Name Pct. Eileen S• Jay 4 Yes Yes Yes Yes Yes Yes r Susan A• McLeish 4 Yes Yes Yes Yes Yes Yes Paul Miniutti 4 Yes Yes Yes Yes Yes Yes Molly Harding Nye 4 Yes Yes Yes Yes Yes Yes Claire B• Sheth 4 Yes Yes Yes Yes Yes Yes Gerald Paul 4 Yes Sandra �• Shaw 4 Yes Yes Yes Yes Yes Nancy A�� Shepard 4 Yes Yes Yes Yes Yes No Ruth S• Thomas 4 Abstain Yes Yes Yes Yes Yes David E• Burns - 5 Yes Yes Yes Yes Yes Yes Nancy Corcoran-Ronchetti 5 Yes Yes Yes Yes Yes Yes Jeffrey �• Crampton 5 Judith A• Crocker 5 Yes Yes Yes Yes Yes Yes Irene M• Dondley 5 Yes Yes Yes Yes Yes Yes Elaine Dratch 5 Yes Yes Yes Yes Yes Yes Marilyn M• Fenollosa 5 Yes Yes Yes Yes Yes Yes Andrew �• Friedlich 5 Yes Yes Yes Yes Yes Anthony �• Galaitsis 5 John Hayward 5 Yes Yes Yes Yes Yes Yes Ginna Johnson 5 Yes Yes Yes Yes Yes Yes Saatvik Ahluwalia 5 Yes Yes Yes Yes Yes Yes � William �• Hurley 5 Yes Yes Yes Yes Yes Yes � Pamela B• Lyons 5 Yes Yes Yes Yes Yes Yes .�.r Jerold S• Michelson 5 Yes Yes Yes Yes Yes - Yes Sam Silverman 5 Yes Yes Yes Yes Yes Lisa �• Smith 5 Yes Yes Yes Yes Yes Yes Marc A• Saint Louis 5 M.Masha Traber 5 Yes Yes Yes Yes Yes Yes Ephraim Weiss S Yes Yes Yes Yes Yes Yes David �• Williams 5 No Yes Yes Yes Yes Yes Suzanne �• Abair 6 Yes Yes Yes Yes Yes Yes Thomas S• Brennan 6 Yes Yes Yes Yes Yes Yes Todd �• Cataldo 6 Yes Yes Yes Yes Yes Yes Paul Chernick 6 Yes Yes Yes Yes Yes Yes Margaret �� Counts-Klebe 6 Yes Yes Yes Yes Yes Yes Bebe Fallick 6 Yes Yes Yes Yes Yes Yes Edmund �• Grant 6 Jonathan A• Himmel 6 Yes Yes Yes Yes Yes Frederic S• Johnson 6 Yes Yes Yes Yes Yes Yes Morton �� Kahan 6 Yes Yes Yes Yes Yes Yes David �• Kaufman 6 Yes Yes Yes Yes Yes Yes - Brian P• Kelley 6 Yes Yes Yes Yes Yes Yes Ann M• Kelly 6 Yes Yes Yes Yes Yes Yes Trisha P• Kennealy 6 Yes Yes Yes Yes Yes Yes Dawn E• McKenna 6 Yes Yes Yes Yes Yes Yes Stephen W• McKennall 6 Yes Yes Yes Yes Yes Yes Jane Pagett 6 Yes Yes Yes Yes Yes Yes Dinesh Patel 6 Yes Yes Yes Yes Yes Yes Edith Sandy 6 Yes Yes Yes Yes Yes Yes Frank Sandy 6 Yes Yes Yes Abstain Yes Yes __ --- __-- --- - ___-------__ ____ ----- - __ _ __ ___ . , 3��9 March 23, 201 S Special Town Meetings #1 and#2 Electronic Voting Results, cont... Special Town Meetings-#1 &#2 (cont.) March 23, 2015 STM STM STM STM STM STM #1 #2 #2 #2 #2 #2 Article Article Article Article Article Article 2: 2: 3: 4: 5: 6: First Name Middle Last Name Pct. Deborah Strod 6 Abstain Abstain Abstain Abstain Abstain Abstain Marsha E• Baker � Yes Yes Yes Yes Yes Yes Elizabeth DeMille Bamett � J Philip K• Hamilton � Yes Yes Yes Yes Yes Yes George A• Burnell � Yes Yes Yes Yes Yes Yes Mary Burnell � Yes Yes Yes Yes Yes Yes Patricia Elen Costello � Yes Yes Yes Yes Yes Yes James W• Courtemanche � Yes Yes Yes Yes Yes Catherine Woodward Gill � Yes Yes Yes Yes Yes Yes Thomas �• Griffiths � Yes Yes Yes Yes Yes Yes Mary �• Hamilton � Yes Yes Yes Yes Yes Yes Pam Hoffman � Yes Yes Yes Yes Yes David �• Kanter � Yes Yes Yes Yes Yes Yes Raul Marques-Pascual � Yes Yes Yes Yes Yes Yes Fred H• Martin � Yes Yes Yes Yes Yes Yes loyce A• Miller � Yes Yes Yes Yes Yes Yes Benjamin �• Moroze � Yes Yes Yes Yes Yes Yes Stacey A• Hamilton � Yes Yes Yes Yes Yes Yes Paul �• Rubin � Yes Yes Yes Yes Yes Yes Ravish Kumar � Yes Yes Yes No Yes Yes r—^ Thomas �• Wanderer 7 � Geoffrey �• Xiao 7 Robert M• Avallone $ Yes Yes Yes Yes Yes Yes Elizabeth Barrentine $ Yes Yes Yes Yes Yes Lisa �• Mazerall $ Yes Yes Yes Yes Yes Yes Diane M• Biglow $ Yes Yes Yes Yes Yes Yes Margaret Bradley $ Yes Yes Yes No Yes Yes Gang Chen $ Yes Yes Yes Yes Yes Yes Timothy Y• Dunn $ Yes Yes Yes Yes Yes Yes Margaret S• Enders g Charles Hornig $ Yes Yes Yes Yes Yes Yes David �• Horton 8 Yes Yes Yes Yes Yes Yes Sanjay Padaki $ Yes Yes Yes Yes Yes Yes Ingrid H• KlimofF $ Yes Yes Yes Yes Yes Yes Alan Mayer Levine $ Yes Yes Yes Yes Yes Yes Richard A• Michelson $ Yes Yes Yes lames A• Osten $ Yes Yes Yes Yes Yes Yes Andrei Radulescu-Banu $ Yes Yes Yes Yes Yes Yes William A• Ribich 8 Yes Yes Yes Yes Yes Yes Jessie Steigerwald 8 Yes Yes Yes Yes Yes Yes Shirley H• Stolz 8 Yes Yes Yes Yes Yes Yes Melinda M• Walker 8 Yes Yes Yes Yes Yes Yes Weidong Wang $ Yes Yes Yes Yes Yes Yes Alice �• Adler 9 Yes Yes Yes Yes Yes Yes Narain �• Bhatia 9 Yes Yes Yes Yes Yes Yes Victoria Lawrence Blier 9 Yes Yes Yes Yes Yes Yes Jeanne P• Canale 9 Yes Yes Yes Yes Yes Yes Richard �• Canale 9 Yes Yes Yes Yes Yes Yes Scott A• Bokun 9 Yes Yes Yes Yes Yes Yes Rodney Cole 9 350 March 23, 201 S Special Town Meetings #1 and#2 Electronic Voting Results, cont... Special Town Meetings-#1 &#2 (cont.) March 23, 2015 STM STM STM STM STM STM #1 #2 #2 #2 #2 #2 Article Article Article Article Article article 2: 2: 3: 4: 5: 6: First Name Middle Last Name Pct. Margaret E. Coppe 9 Yes Yes Yes Yes Yes Yes Tho mas �• Fenn 9 Yes Yes Yes Yes Yes Yes Mollie K• Garberg 9 Yes Yes Yes Yes Yes Yes Mark P• Maguire 9 Yes Yes Yes Yes Yes Hank Manz 9 Yes Yes Yes Yes Yes Yes Wendy Manz 9 Yes Yes Yes Yes Yes Yes Susan M• Buckley=Kingsbury 9 Yes Yes Yes Yes Yes Yes Philip T• Jackson 9 Yes Yes Yes Yes Yes Leo P• McSweeney 9 Yes Yes Yes Yes Christina M• Murray 9 Yes Yes Yes Yes Yes Yes Janet Perry 9 Yes Yes Yes Yes Lisah S• Rhodes 9 Yes Yes Yes Yes Yes Yes Pamela Kumari loshi 9 Yes Yes Yes Yes Yes Yes Justine A. Wirtanen 9 Yes Yes Yes Yes Yes Yes Total 1=Yes 162 169 169 166 168 165 Total 2=No 8 0 0 4 0 3 Total 3=Abstain 4 2 2 3 3 3 Total Voters 174 171 171 173 171 171 Record of the Votes of the March 23, 2015 Special Town Meetings#1 and #2. A true copy. Attest: �'��;�� -�/C��-- . athalie L. Rice March 23, 2015 Annual Town Meeting, (cont.) Moderator Deborah Brown called the March 23, 2015 Session of the 2015 Annual Town Meeting back to order at 9:49 p.m. 9:49 p.m. Presented by Selectman Joseph Pato. ARTICLE 34: ACCEPT MGL CHAPTER 59, SECTION 5, CLAUSE 54 AND SET PERSONAL PROPERTY MINIMUM TAX MOTION: That the Town hereby accepts Clause 54 of Section 5 of Chapter 59 of the Massachusetts General Laws and establishes the minimum value of personal property subject to taxation at two thousand dollars ($1,200). 9:50 p.m. Selectman Norman Cohen presented the requested action, stating the Board was making a friendly amendment,replacing"two thousand dollars ($2,000)" with"twelve hundred dollars ($1,200)". 9:52 p.m. Glenn Parker, Chair, Appropriation Committee, reported support for friendly amendment in vote of[8-1]. �_. 9:53 p.m. Members sought clarification on taxing of personal property. 9:55 p.m. Assistant Town Manager for Finance, Robert Addelson, explained process and addressed questions. 9:58 p.m. Members sought clarification on conflict of interest relative to motion. 10:00 p.m. Town Counsel Kevin Batt stated under Ethics Laws, Town Meeting members could participate in voting on Article 34. 10:05 p.m. Following electronic vote tallying, the Moderator declared the Article 34 Adopted by a vote of: Yes No Abstain 149 7 10 --------- -- -- ----_ __ ___ _ ______ _--- ___ -__- — _ -- --------_ _ � 351 March 23, 201 S Annual Town Meeting, cont... 10:07 p.m. Presented by Selectman Peter Kelley. ARTICLE 38: AMEND GENERAL BYLAWS—TOURISM COMMITTEE MOTION: That Sections 29-28 and 29-29 of Chapter 29 (Committees) of the Code of the Town of Lexington be amended as set forth in the Article, and further that non- substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Lexington. MOTION FOR ARTICLE 38 uer ANNUAL TOWN WARRANT To see if the Town will vote to amend Sections 29-28 and 29-29 of Chapter 29 (Committees) of the Code of the Town of Lexington by deleting said sections in their entirety and replacing them with the following: "§29-28. Membership; terms of office. The Town shall have a Tourism Committee consisting of nine members. Membership shall include interested representatives from the community. Members of the Committee shall be appointed annually by the Board of Selectmen to serve a one-year term. §29-29. Powers and duties. The Tourism Committee shall be charged with enhancing and promoting Lexington tourism. The Committee shall work with community groups to ensure a cohesive tourism experience." or act in any other manner in relation thereto. 10:07 p.m. Selectman Peter. Kelley presented requested action and reported unanimous support of the Boaxd. 10:08 p.m. Bebe Fallick, Pct. 6, reported on behalf of the Tourism Committee. 10:11 p.m. Dawn McKenna, Pct. 6, Chair, Tourism Committee, explained requested by-law change. 10:11 p.m. Following electronic vote tallying, the Moderator declared Article 38 Adopted by a vote of: Yes No Abstain 152 1 5 Approved by Attorney General Maura Healey August 7,2015;Posted August 14,2015. 10:12 p.m. Selectman Joseph Pato moved Article 41 be taken up. Motion Adopted. 10:12 p.m. Presented by Selectman Norman Cohen. ARTICLE 41: AMEND GENERAL BYLAWS—CONTRACTS AND DEEDS � MOTION: That this article be indefinitely postponed 10:12 p.m. Selectman Norman Cohen explained that due to Appropriation Committee concern, Article 41 would be Indefinitely Postponed. 10:12 p.m. Jill Hai, Chair, Capital Expenditures Committee, stated unanimous Committee support for.the postponement. 10:13 p.m. Glenn Paxker, Chair, Appropriation Committee, stated unanimous Committee support of the postponement. 10:14 p.m. Following a voice vote,the Moderator declared the Article 41 Unanimously Adopted. _ 10:14 p.m. Selectman Joseph Pato moved adjouinment to 7:30 p.m., March 25, 2015 at the Lexington High School, Donald J. Gillespie, Jr. Auditorium. Motion Adopted. A true copy. Attest: ��'�^ ��,�� Nathalie L. Rice, Town Clerk 352 l�Iarch 25, 2015 Adjourned Session of the 2015 Annual Town Meeting Mederator Deborah Brown called the second session of the 2015 Annual Town Meeting to order at 7:30 �.m., Lexington High School, Donald J. Gillespie, Jr. Auditorium; a quorum in excess of 100 members present. 7:30 p.m. Moderator Deborah Brown updated members on meeting procedures and electronic voting. 7:31 p.m. Presented by Selectman Joseph Pato. ARTICLE 39: REPEAL GENERAL SYLAWS—SALE AND USE OF TOBACCO MOTION: That Sections 97-5, 97-6 and 97-7 of Chapter 97 of the Code of the Towr.of Lexington are hereby repealed in their entirety and,further, that the references to said bylaws in Section 1-6 of the Code of the Town of Lexington be stn�cic and . further that non-substantive changes to the numbering of these bylaws be permitted in order that it be in compliance with the numbering form�t of the Code of the Town of Lexington. 7:34 p.m. The Moderator recognized Wendy Heiger-Bernays, Chair, Board of Health, who explained intent of the motion, stating it would avoid potential conflict with Board of Health Regulations. If Article 39 passed, she explained Article 40 would be indefinitely postponed. 7:35 p.m. �Raul Marques-Pascual, Pct. 7, questioned State laws regarding smoking ir public. 7:38 p.m. Health Director, Gerald Cody, stated Board af Health can issue a$100 ticket based on the 20Q4 State Smoke-Free Workplace Law; also addressed age limits for tobacco pur�hase. 7:39 p.m. Selectman Joseph Pato reported the unanimous support of the Board. 7:40 p.m. Members discussed regulatory and bylaw changes relating to age limits on sm�lcing. 7:51 p.m. Town Counsel Mina Makarious addressed questions regarding enforcement of the bylaw as compared to Loard of Health regulations: 8:04 p.m. S. Bijan Afshartous, Pct. 2, moved the question, Motion Adopted. 8:07 p.m. Following electronic vote tallying, the Moderator declared Article 39 Adopted by a vote of: Yes No Abstain 128 36 5 ,� Approved by Attorney General Maura Healey August 7,2015;Posted August 14,2015. �,�,,,j ARTICLE 2: ELECTION OF DEPUTY MODERATOR AND REPORTS OF TaWN BOARDS, OFFICERS ANI3 COMMITTEES 8:08 p.m. Selectman Joseph Pato moved.the Report of the Town Manager be received and placed on file. Unanimously Adopted. 8:09 p.m. Town Manager Carl Valente presented, noting new staff; the promotion of former Town Clerk, Donna Hoo�er,to Chief Infornlation Officer; and the retirement of Town Planning Director Nlaryann McCall-Taylor. Key aspects of the Uudget included capital spending, Community Center renovation costs,-staffing increases,the balanced budget, revenue and expenditure summaries, recommendations for reserve transfers, and outstanding budget issues (due to school budget overcrowdiilg). 8:34 p.m. Selectman Joseph Pato moved the Report of the Cary Lecture Series Coinmittee be received and placed on file. Unanimously Adopted. 8:34 p.m. Presented by Rita Goldberg, Cary Lecture.Series, Pct. 2. ARTICLE 3: APPOINTMENTS TO Cr�RY LECTURE SERIE� MOTION: That a committee of three plus one associate be appointed by the Moderator to have the charge of the lectures under the��vills of Eliza Cary Farnham and Suzanna E. Caiy for the current year. 8:34 p.m. Ms. Goldberg presented the Committee's Report and thanked those who contributed to a successful year. 8:41 p.m. Following a voice vote, the Moderator declared Arti�cl�3 Unanimously Adopted. ARTIaC]LE 2: ELECTION OF DEPUT�i' MODERAT�R AND REP�012�'S OF TOWN �d�.RDS, �F�'ICEIa� AN1D CQNI1ViITTEES 8:41 p.m. Charles �-iornig, Pct. 8, Chair; Pla.nning Board, moved the Planning Board's Report be received and placed cn file. Unanimously Adopted. He presented the Board's Report on Articles 48-53. _-------__ _---- --__- --- ____ __ --- _— _ ___ _ __ -- _ _ __ __— --------------. _ �----_— _ 353 March 25, 2C1 S Adjourned Session of the 201 S Annual Town Meeting, cont... � 5:47 p.m. Seiectinan Pato moved to talce up Article 48. Motion Adopted. 8:47 p.m. Presenteu' by Charles Hornig, Pct. 8, Chair, Planning Board. ARTICLE 48: AlVIEND ZONING MAP—COMMERCIAL ZONING DIST1aICT LINES M�TION: 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, a copy of which is on file with the Town Clerk and the Planning Board, and further that non-substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Lexington. MOTION FOR ARTICLE 48 per PLAleTNING BOAI:D REPORT That the Zoning Map of the Town of Lexington be amended by changing the district lines for the parcels listed in Appendix B and shown on the maps dated March 19, 2015 and on f le at the Planning Office. APPENI)IX�: Parcels to be Rezoned A. 229-235 Bedford Street(CN) E. North&Lowell(CS) • Parcels 71-31A, 71-33, and 71-34 • Parcels 68-44 and 75-16E entirely to RO entirely to CN • No change to parcels 75-1 and 75-31 B. 242-246 Bedford Street(CS) F. Lowell&.VVobum(CRS) • Parcels 71-62;71-63,and 71-64 entirely • Parce146-109A1 entirely to CRS to F.S G. Man-ett&Lincoln(CLO) � Parcel 71-61A, CS district moved to • Parce142-55 entinely to RS northern lot line,no other changes • Parcels 42-54, 42-219; and 42-220 C. 173-181 Bedford Street(CLO) entirely to GLO • Parcels 64-98A and G4-102D entirely to H. Marrett&Spring(CS) RS • Parcel 33-82 entirely to CS • Parce164-69 entirely to CN I. Waltham&Ivlarrett(CN&CRS) D. Bedford&Reed(CN) • Parcels 33-1 and 33-265 entirely to RS • Parcels 64-63 and 64-64 entirely to RS . Parcels 33-266 and 33-267 enrirely to • Parcels 64-66 and 64-67 entirely to CN CN • No change to parcel 64-65 (split • Parce132-16 entirely to CRS between RS and CN) • No change to Parce133-2G8 J. Waltham Street at the town line • Parcel 5-14 entirely to CLO , 8:48 p.m. Mr. Hornig reviewed proposed changes to the district lines as noted in pages 1-4 and Appendix B of the Planning Board Report. 9:04 p.in. Sam Si:lverman, Pct. 5, questione�.whether lots were made non-conforming Uy propQsed redistrictiiig. Mr. Hornig replied in the negative. 9:06�.m. Ephraim Weiss, Pct. 5, noted that certain adjusted district lines were toe generous, � particularly those in sec�io�(F) of the Planning Board Report. 9:10 p.m. .Sam Silverman, Pct. 5, requecteci the removal of section(F)from the vote on Article 48. Mr. Hornig af irmed that Section F was severable. The 1Vloderafor called the question. °:11 p.m�. Following electronic vote tallying, the Moderator declared Article 48, sections � (A-�) and (G.� Adopted by the necessary t��o-thirds on a vote ef: " Yes No Abstain 162 0 2 9:12 p.m. Discussion on section (F) resumed. 9:15 p.m. Ephraim Weiss, Pct. 5, reiterated his objection to section (F)., 9:15 p.m. Selectman Peter Kelley stated unanimous Board support for sectior�(F). 9:17 p.m. Members discussed the proposed redistricting in the area of Woburn and Lowell Streets as called for in section (F). 9:26 p.m. Following electronic vote tallying, the A�oderator declared Article 48, section (F) Not Ado�ted, it failing to meet the necessary two-thirds on a vote of: Yes No Abstain 76 82 5 , Approved by Attorney General Maura Healey August 7,2015;Posted August 14,2015. 9:28 p..m. Presente�by Timothy Dunn, Pct. 8, Planning Board. ARTICLE 49: AM�NFI zONING BY-LAW AND 1dIAP— CIVIC �TSE DISTRICTS MaTIO:iT: That the Zoiiing By,Laws of the Town be amended �s set forth in the motion attached t� the report of the Planning Board on tliis arl:icle, a copy of which is on file.��ith t'�e Town Clerk and the Plaruiing Board, and_further that non-substantive changes t� the numbering of tlus bylaw be permitted in order that it be in compliance with the nlunb�ring format of the Code �.f the To�vn of LPxington. --354 Mat•ch 25, 2C1.5 Adjourned Session of the 201 S Annual Town Meeting, cont... MOTION FOR ARTICLE 49 ner PLANNING BOARD REPOR'�' That the Zoning Bylaw and the Zoning Map, Chapter 13 5 of the Code of the Town of Lexington, be amended as follows: 1. That Bylaw Section 2.2 be amended to include the new district and renuinber the subsequent sections accordingly: 2.2.1 Governmental-Civic Use Districts GC Governmental-Civic Use � 2. That Bylaw Section 3.1,the Table of Uses;be amended to include the proposed district(see Appendix A). 3. That Bylaw Section 4.4,the Schedule of Dimensional Controls, be amended to include the proposed district(see Appendix B). �. That Bylaw Section 5.1.103 be amended to permit access across the GC dist�ict to any other district so that the section reads: No private�vay or�riveway shall be built through a district in which the use served by the private way or driveway is not permitted except that a.ccess through a GC district to any other district is permitted. 5. That Bylaw Section 5.1.11,Minimum Yards for Parking, be amended to include the new district, as suminarized below: District Residential Street Line All Other Lot Wa1Z of a Principal District Line(ft.) (ft.) Lines (ft.) Building(ft.) GC 0 25 5 5 6. That Bylaw Section 5.3.5,the required depth or width(in feet)of transition areas, be ainended to include the new district as summarized below: Ad'acent District . District In Street Which Lot . GC RO RS RT RD CN CRS CS CB CLO CRO CM Line is Located GC - 20 20 20 20 - - - - - - - - RO - 25� 25* 25* 10* 15 15 20 - 20 20 20 - RS - 25* 25* 25* 10* 15 15 20 15 20 - - - R'i' - 2�* 25* 25* 10* 10 10 - - 10 - - - RD - 20* 20* 20* 20* 20 20 20 20 20 20 20 25 CN - 20 20 20 20 - 10 15 - 20 - - 10 CRS - 20 20 20 20 10 - 15 - 10 - - 10 CS - 20 20 20 20 15 15 - - 15 - - 20 CB - - 20 - 20 - - - - - - - - CLO - 50 50 50 50 10 10 10 - - - - 10 CRO - 50 - - 50 - - - - - � - = 50 CM - 50 - - 50 - - - - - - - 25 *No re uirement for an individual dwellin 7. That Bylaw Section 9.4.1 be amended to make the Board of Selectmen the special permit granting authority(SPGA)for special permits in the GC District so that sections S.4�.1.1 and 9.4.1.2 read as follows: 1. The Planning Board shall serve as the SPGA for: a. All special permits pursuant to § 6.9, Special Permit Residential Developments. ,- b. When an activity or use requires both site plan review and one or more special. permits; except for a wireless communication faciliiy or as provided below. 2. The Boa,��:of Selectmen shall serve as SPGA for the conversion of municipal buildings in _ _ RD Districts and for all special permits in the GC District. $. 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N � N � - U �� Z Z Z Z z Z Z Z N � N � Y � . � �` � U r � � a-� ^ G �^ � � Q � � � .� � yww � " � � � � � � ' o � .� w 4� cai T+--' `') � N �. � •� ❑ � � � � � � v� � .'. . � � �n � t, Cl� . Cd � -d ^Ct �. ^CJ N N '�" cd C T c�d t�d ❑ cUd � «7 � b ' y�, � �, �. � � .d • t, � • �� ccJ � � a) �.. N s.. � O N � bA.� +-+ +� O 'd � 'd � N � � '� � � N � 0 0 .� � o., � -b � "' id a� b � a� � � � � � � � � � � .� o � � � o � � � � � � � �1 +� v� w -� v, w � � � � E •� •� •� •� •� '� o o '� '� •� �� .� '� .� � � � � �� .� o � __ --- - - ---- --__ _ _ __ _. __ __ ___ _ _ — - _. ___---- —-------- _ -�--------- 365 March 25, 201 S AdjouNned Session of the 201 S Annual Town Meeting, cont... As used in the Schedule of Dimensional Controls, symbol "NR"means no requirements, "AC"means acres, "SF"means square feet, and"feet"means linear feet. a. Where lawfully adopted building lines require yards in excess of these requirements,the building line shall govern. b. The miniinum front yard for any other street,which is not the frontage street(see definition), shall be 2/3 of that required for the frontage street. In the case of nonresidential uses located in the RO,RS, or RT Districts(see Table 1) or for uses located in the CM District,the ininimum front yard facing all streets shall be the same as that for the ,� frontage street. — c. Except ten-foot yard on Muzzey Street,Rayinond Street, Vine Brook Road and Wallis , CourE for lots abutting these streets. d. For institutional uses(see Table 1)the minimum setback for a building shall be the greater of 25 feet or a distance equal to the height of the building as defined in §43. For other nonresidential uses (see Table 1), increase the required side yard to 20 ft. plus one ft. for every '/z acre(or fraction thereo fl over%2 acre lot area. e. Applicable only to uses permitted by special permit. £ This limit may be waived by special permit. g. For institutional uses (see Table 1),the maximum floor area ratio shall be 0.25. h. Along the southwesterly side of Bedford Street between the Northern Circumferential Highway(Route 128) and Hartwell Avenue there shall be a front yard of 233 feet measured from the base line of Bedford Street as shown on the Commonwealth of Massachusetts layout 4689, date June 3, 1958, and shown as auxiliary base line"F on the State Highway Alteration layout 5016, dated August 30, 1960. 9:28 p.m. Timothy Dunn, Planning Board, explained the proposed redesignation of primarily Town-owned properties, stating the Board's intent to expand designations beyond residential and commercial. He reported unanimous support of the Board. 9:34 p.m. Selectman Joseph Pato reported unanimous support of the Board. 9:35 p.m. Members discussed a wide range of issues related to this complex proposed zoning change, including public notification, changes to property owned by other municipalities, and zoning changes on specific Town parcels. 9:54 p.m. Following electronic vote tallying, the Moderator declared Article 49 Not Adopted, it failing to meet the necessary two-thirds on a vote of: • Yes No Abstain 88 70 4 9:55 p.m. Presented by Charles Hornig, Chair, Planning Board. ARTICLE 50: AMEND ZONING MAP—CM DISTRICT,WALTHAM LINE NEAR ROUTE 128/I95 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, a copy of which is on file with the Town Clerk and the Planning Board, and further that non-substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Lexington. MOTION FOR ARTICLE 50 per PLANNING BOARD REPORT That the Zoning Map of the Town of Lexington be amended as follows: Parcel lA on Assessor's map 19 and Parcel 11 on Assessor's Map 12 be rezoned to the CM District 9:55 p.m. Mr. Hornig presented the requested action, which sought zoning control over a �._ previously un-zoned portion of a land adjacent to Route 128. ;, 10:01 p.m. Selectman Peter Kelley reported unanimous support of the Board of Selectmen. �� 10:03 p.m. Kevin Johnson, Pct. 3, questioned likelihood of opposition from landowner. Mr. Hornig responded. 10:04 p.m. Nancy Corcoran-Ronchetti, on behalf of the Planning Board servecl Notice of Reconsideration ofArtiele 49. 10:04 p.m. Following electronic vote tallying, the Moderator declared Article 50 Adopted by more than the necessaxy two-thirds on a vote of: Yes No Abstain 152 3 3 Approved by Attorney General Maura Healey August 7,2015;Posted August 14,2015. 3�� March 25, 201 S Adjourned Session of the 201 S Annual Town Meeting, cont... 10:05 p.m. Presented by Charles Hornig, Chair, Planning Board. ARTICLE 51: AMEND ZONING BY-LAW- SITE PLAN REVIEW APPLICABILITY 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, a copy of which is on file with the Town Clerk and the Planning Board, and further that non- substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Lexington. MOTION FOR ARTICLE 51 per PLANNING BOARD REPORT That the Zoning Bylaw, Chapter 135 of the Code of the Town of Lexington, be amended as follows: In section 9.5.2.1 insert at the end"or an increase in 500 SF or greater of site coverage" so that the amended section will now appear as follows: 9.5.2 Applicability. The following types of activities and uses require site plan review by the Planning Board or its designee: � 1. Where required elsewhere in this bylaw, exterior construction or expansion of a structure resulting in an increase of 500 SF or greater of total building gross floor area or an increase in 500 SF or greater of site coverage. ---------------------- , 10:05 p.m. Mr. Hornig presented the Planning Boaxd's Report on Article 51, explaining the � motion was a technical claxification regarding site plan review. 10:06 p.m. Selectman Norman Cohen reported unanimous support of the Board, stating the motion was consistent with previous Town Meeting action. 10:07 p.m. Ephraim Weiss, Pct. 5, requested clarification on the wording of the motion. Town Counsel Mina Mikarious provided clarification. 10:09 p.m. Following electronic vote tallying,the Moderator declared Article 51 Adopted by more than the necessary two-thirds on a vote of: Yes No Abstain 154 1 2 Approved by Attorney General Maura Healey August 7,2015;Posted August 14,2015. 10:10 p.m. Presented by Charles Hornig, Chair, Planning Board. ARTICLE 52: 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, a copy of which is on file with the Town Clerk and the Planning Board, and further that non-substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Lexington. MOTION FOR ARTICLE 52 per PLANNING BOARD REPORT That the Zoning Bylaw, Chapter 135 of the Code of the Town of Lexington, be amended as follows: 1. Section 135-3.4 Table of Uses, D.Temporary Uses, in Line D of Table 1 insert"(see section 33)" so the line reads as follows: D. TEMPORARY USES (see section 3.3) 2. Section 135-3.4 Table of Uses, insert in Line D.1.03 of Table 1 "for a maximum of three months" after"district"so it reads as follows: Temporary structures and uses not otherwise permitted in the district, for a maximum of three months, provided the Building Commissioner finds that the proposed structure or use is compatible with the neighborhood ---� . 3. In Section 135-6.7.8 Accessory Structure Apartment insert the word"lot" in the first sentence so it � reads as follows: Notwithstanding the prohibition against having more than one dwelling on a lot, the SPGA may grant a special permit to allow the construction of an accessory apartment in an existing accessory structure which is on the same lot as an existing one-family dwelling provided: 4. Delete the title of Section 135-8.7.7 that is now"Casualty to Building"and retitle it"Reconstruction or Replacement of a Building." 5. In Section 135-10 Definitions, insert the following definition of"Center storefront" after the definition of"Cellar" and before the definition of"Certificate of occupancy": Center Storefront: the portion of the ground floor level of a building in the CB District that has frontage on a public way or a public parlcing lot. ___----------_ -___ ___ - -- - _ _ ___--- -_ __ _ __ _ --- - ' 367 March 25, 201 S Adjourned Session of the 201 S Annual Town Meeting, cont... 6. In Section 135-10 Definitions, "Repeater,"remove the apostrophe after watt so that the definition �ow reads as follows: Repeater: A small receiver/relay transmitter of not more than 20 waits output designed to provide service to areas which are not able to receive adequate coverage from the primary sending and receiving site in a wireless communication network. 7. In Section 135-10 Definitions, insert"solar panels" after"tanks"in the definition of"Structure"so that it reads as follows: Structure: Anything constructed or erected,the use of which requires a fixed location on the ground, or attachment to something located on the ground, including buildings, mobile homes, billboards, tanks, solar panels, or the like, or the parts thereof, and swimming pools, but not including paved -- surfaces such as a driveway, a walk or a patio. 10:10 p.m. Mr. Hornig made a brief presentation of the technical corrections, stating none of the corrections changed the intent of the Zoning Bylaw. 10:11 p.m. Following electronic vote tallying, the Moderator declared Article 52 Adopted by more than the necessary two-thirds on a vote of: Yes No Abstain 154 0 2 Approved by Attorney General Maura Healey August 7,2015;Posted August 14,2015. 10:12 p.m. Presented by Richard Canale, Pct. 9, Planning Board. A.RTICLE 53: AMEND ZONING BY-LAW—CB DISTRICT MORATORIUM ON BANKS 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, a copy of which is on file with the Town Clerk and the Planning Board, and further that non-substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the_Code of the Town of Lexington. MOTION FOR ARTICLE 53 per PLANNING BOARD REPORT r� That the Zoning Bylaw, Chapter 135 of the Code of the Town of Lexington,be amended as follows: _ (1) In line H.1.05 of Table 1 of the Zoning Bylaw change the"Y"under the CB district to an"Y*" and add"*Not permitted in a center storefront through July 31,2016(see section 3.1.6)"so that the amended section of Table 1 will now a ear as follows: , RO RS RT CN CRS CS CB CLO CRO CM H. PERSONAL,BUSINESS,OR GENERAL SERVICE USES H.1.01 AS A PRINCIPAL USE H.1.05.Bank or Credit Union *Not permitted in a center storefront through July N N N N Y N Y* Y Y Y 31,2016(see section 3.1.6) (2) Insert a new section 3.1.6"Banks and Credit Unions in CB District storefronts,"to read as follows: Section 3.1.6 Banks and Credit Unions in CB District storefronts 3.1.6.1 Purpose:A moratorium on the use of center storefronts for banks and credit unions will allow the Town suffieient time to engage in a planning process to study the effect the increasing number of banks and credit unions has on the viability of the central business district and to enact appropriate local bylaws if needed. 3.1.6.2 Applicabilitv:The Town is instituting a moratorium on the use of center storefronts for banks and credit unions, including the expansion of current uses,for a period as described below. 3.1.63 Moratorium Period:The moratorium is in effect until no later than July 31,2016. (3) And further that non-substantive changes to the numbering of this bylaw be permitted in order that it be incompliance with the numbering format of the Code of Lexington. -------------------- 10:12 p.m. Mr. Canale explained the purpose of the proposed 1-year moratorium and showed a � map denoting the location of banks in Lexington Center. 10:18 p.m. Selectman Michelle Ciccolo reported unanimous support of the Board. �� 10:19 p.m. Gerold Michelson, Pct. 5, Center Committee, reported support of the on Committee; noted Committee.involvement in planning process. 10:23 p.m. Glenn Parker, Chair, Appropriation Committee, reported no Committee position. 10:24 p.m. Members noted the pros and cons of a moratorium on banks. 10:35 p.m. Tom Fenn, Pct. 9, stressed the need for further consideration, urging a positive vote. 10:37 p.m. Jill Hai, Chair, Capital Expenditures Committee, questioned the difference between "storefront" and bank. Mr. Hornig responded that neither term was adequately defined in the Zoning Bylaw. 10:42 p.m. Marsha Baker, Pct. 7, moved the question. Motion Adopted. 368 March 25, 2015 Adjourned Session of the 201 S Annual Town Meeting, cont... 10:43 p.m. Following electronic vote tallying, the Moderator declared Article 53 Adopted by more than the necessary two-thirds on a vote of: Yes No Abstain 117 35 3 Approved by Attorney General Maura Healey August 7,2015;Posted August 14,2015. 10:45 p.m. Selectman Joseph Pato moved adjournment to 7:15 p.m., Monday, March 30, 2015 at the Lexington High School, Donald J. Gillespie, Jr. Auditorium. Motion Adopted. A true copy. Attest: ��, ,�- ca— Nathalie L. Rice, Town Clerk March 30, 2015 Adjourned Session of the 2015 Annual Town Meeting Moderator Deborah Brown called the third session of the 2015 Annual Town Meeting to order at 7:15 p.m., Lexington High School, Donald J. Gilespie, Jr. Auditorium; a quorum in excess of 100 members present. 7:16 p.m. The Moderator called a recess for the recognition of 14 high school seniors from Lexington High (LHS) and Minuteman Regional High Schools (MMRHS). Principal Laura Lasa recognized 12 LHS seniors; Assistant Superintendent George Clement recognized 2 MMRHS seniors. Representative Jay Kaufman presided. In recess, Moderator Deborah Brown also recognized Town Meeting member, Dan Fenn's 92nd birthday to a round of applause. 7:30 p.m. The Moderator called meeting to order, reviewed electronic voting and order of business. � ARTICLE 2: ELECTION OF DEPUTY MODERATOR AND REPORTS OF TOWN � BOARDS, OFFICERS AND COMMITTEES 7:34 p.m. Selectman Michelle Ciccolo moved the Report of the Board of Selectmen be ' received and placed on file. Unanimously Adopted. She presented a brief report, including update on Coinmunity Center staffing and services. 7:42 p.m. David Horton, Pct. 8, temporary Chair, Minuteman Regional High School Committee, moved the Report of MMRHS be received and placed on file. Unanimously Adopted. Dr. Edward Bouc�uillon, Superintendent of the MMRHS presented an update to members on enrollment,revenue and costs projections. 7:54 p.m. Jessie Steigerwald, Chair, School Committee, moved the Report of the School Committee be received and placed on file. Unanimously Adopted. She then acknowledged the contributions of departing Superintendent Paul Ash, Assistant Superintendent for Finance and Business Operations, Mary Ellen Dunn, and K-12 Director of Educational Technologies and Assessment, Thomas Plati. 7:58 p.m. Superintendent Ash reported. 8:14 p.m. Glenn Parker, Chair, Appropriation Committee, moved the Report of the Appropriation Committee be accepted and placed on file. Unanimously Adopted. 8:16 p.m. Presented by Selectman Joseph Pato. ARTICLE 4: APPROPRIATE FY2016 OPER.ATING BUDGET MOTION: That the following amounts be appropriated for the ensuing fiscal year and be raised in the t� 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. Pro�ram 1000: Education ` Personal Services $78,675,324 Expenses $ 13,384,992 Total Line Item 1100,Lexington Public Schools $92,060,316 1200 Regional Schools $ 1,172,736 Pro�ram 2000: Shared Expenses 2110 Contributory Retirement $ .5,255,537 2120 Non-Contributory Retirement $ 13,810 2130 Employee Benefits(Hlth/Dental/Life/Medicare) $ 25,250,981 _ - ----------- _ . _ __ _ _ __ - - -- _ --- ; __ _-_— -- - __ _ - 369 March 30, 201 S Adjourned Session of the 201 S Annual Town Meeting, cont... 2140 Unemployment $ 200,000 2150 Workers'Comp.(MGL Ch. 40, Sec. 13A&13C)* $ 643,ll2 2160 Property&Liability Insurance � $ 860 309 , 2170 Uninsured Losses (MGL Ch. 40, Sec. 13)* $ 200,000 2200 Debt Service 2210 Payment on Funded Debt $ 5,169,842 2220 Interest on Funded Debt $ 939,550 . 2230 Temporary Borrowing $ 623,135 2310 Reserve Fund $ 900,000 2400 Facilities $ 9,899,631 Proexam 3000:Public Works 3100-3500 DPW Personal Services $ 3,764,416 3100-3500 DPW Expenses $ 4,985,157 Program 4000: Public Safetv 4100 Law Enforcement Persona] Services $ 5,680,587 4100 Law Enforcement Expenses $ 821,269 4200 Fire Personal Services $ 5,810,284 4200 Fire Expenses $ 568,350 Pro�-am 5000: Culture&Recreation 5100 Library Personal Services $ 1,988,796 5100 Library Expenses $ 385,499 Program 6000: Human Services 6000 Human Services Personal Services $ 496,020 6000 Human Services Expenses $ 707,643 Pro�ram 7000: Office of Land Use,Inspectional Services and Economic Development(LU/IS/ED) 7100 Office of LU/IS/ED Personal Services $ 1,752,910 _. 7100 Office of LU/IS/ED Expenses $ 358,157 Program 8000: General Government 8110 Selechnen Personal Services $ 138,687 8110 Selectmen Expenses $ 103,325 8120 Legal $ 410,000 8130 Town Report $ �3,500 8210-8220 Town Manager Personal Services $ 546,170 ` 8210-8220 Town Manager Expenses $ 215,085 8230 Salary Transfer Account(MGL Ch.40, Sec 13D)* $ 820,316 8310 Financial Committees $ 7,500 8320 Misc.Boards and Committees $ 19,500 8330 Public Celebrations Committee $ 42,000 8400 Finance Personal Services $ 1,341,058 8400 Finance Expenses $ 462,875 8500 Town Clerk Personal Services $ 327,229 8500 Town Clerk Expenses $ 109,375 8600 Information Services Personal Services $ 752,113 8600 Information Services Expenses $ 950,450 $ 1,858,947 from the Health Claims Trust Fund for line item 2130 " $ 620,567 from the Capital Projects/Debt Service ReserveBuilding Renewal Stabilization Fund for line items 2210 and 2220; $ 395,000 from the Parking Meter Fund for line items 3100-3500 and 4100; , $ 105,000 from the Cemetery Trust Fund for line item 3100-3500 $ 137,000 from the Transportation Demand Management/Public Transportation Stabilization Fund for Appropriations for line items 6000 and 7100; $ 4,080,920 from Unreserved Fund Balance/Free Cash; $ 898,614 from the Water Enterprise Fund; 37fl March 30, 201 S Adjourned Sesszon of the 2015 Annual Town Meeting, cont... $ 478,354 from the Sewer Enterprise Fund; and $ 240,608 from the Recreation Enterprise Fund. (Note:Asterisk denotes a Continuing Balance Account.) -------------------- 8:16 p.m. Selectman Joseph Pato presented the requested action and reported the unanimous support of the Board. 8:17 p.m. Margaret Coppe, Pct. 9, School Committee, reported unanimous support of the ' School Committee for line 1000. 8:17 p.m. Glenn Parker, Chair, Appropriation Committee, reported unanimous support of the Committee. 8:18 p.m. Iang Jeon, Pct. l, questioned the budget increase relative to the rate of inflation. Superintendent Paul Ash responded. 8:24 p.m. Members questioned MMRHS costs relative to dwindling school enrollment, noting high per pupil contribution on behalf of the Town. Superintendent Edward Boquillon responded. 8:29 p.m. Kevin Johnson, Pct. 3, questioned increase in ambulance services; Town Manager, Carl Valente, responded. 8:32 p.m. Dan Fenn, Pct. 3, noted cost associated with a Multicultural Study. Town Manager, Carl Valente, explained the study would address cultural changes in Lexington and be undertaken by an outside consultant. 8:36 p.m. In response to a question from Fred Martin, Pct.7, regarding major cost increases in Line 1000 school budget, Dr. Ash explained major cost increases were due to salaries, enrollment increases, special education instruction, special education transportation and program improvements. 8:42 p.m. Following electronic vote tallying, the Moderator declared Article 4 Adopted by more than the necessary two-thirds on a vote of: Yes No Abstain 163 1 3 8:46 p.m. Presented by Selectman Suzanne Barry. ARTICLE 5: APPROPRIATE FY2016 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 2016 under the provisions of ' M.G.L. Chapter 44, Section 53F'/2: Personal Services $ 695,679 Expenses 3 89,400 Debt Service 1,415,508 MWRA Assessment 6,695,144 � Total $9,195,731 Said sum to be funded from water receipts and$200,000 from water enterprise 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 2016 under the provisions of M.G.L. Chapter 44, Section 53F'/2: P.ersonal Services $ 296,917 Expenses 345,650 Debt Service 940,679 MWRA Assessment 7,041,716 Total $8,624,962 Said sum to be funded from wastewater receipts. c) That the Town appropriate the following sums of money to operate the Recreation and Community Programs Department during fiscal year 2016 under the provisions of M.G.L. Chapter 44, Section 53F'/2: Personal Services/Expenses $2,501,831 Debt Service 100,000 Total . $2,601,831 Said sum to be funded from recreation receipts, $375,000 from recreation and community programs retained earnings, and a transfer of$216,836 from the tax levy. -------------------- 8:46 p.m. Selectman Suzanne Barry presented the requested action and reported unanimous support of the Board. 8:46 p.m. John Bartenstein, Appropriation Committee, discussed the motion in light of upcoming Articles 14 and 15 and reported unanimous support of the Committee. 8:52 p.m. Rounding error was reported to the Moderator. Amendment to section (a) noted ___ _ __ ______ -----—- - --------- -_ ---- _- --- -- - -- -- -_ __ _ _ __--------— _-----___ r__ 3�1 March 30, 201 S Adjourned Session of the 2015 Annual Town Meeting, cont... as a friendly amendment. Moderator stated Article 5(a)total should read, "$9,195,731. n 8:55 p.m. Karen Simmons, Recreation Director, answered question,reporting FY16 revenue from Pine Meadows Golf Course estimated to be $800,000. 8:58 p.m. Following electronic vote tallying, the Moderator declared Article 5 Adopted by more than the necessary two-thirds on a vote of: Yes No Abstain 163 0 2 ARTICLE 2: ELECTION OF DEPUTY MODERA,TOR AND REPORTS OF TOWN BOARDS, OFFICERS AND COMMITTEES � 9:00 p.m. Jill Hai, Chair, Capital Expenditures Committee, moved the Committee's Report with Errata be received and placed on file. Unanimously Adopted. Ms. Hai reported, noting future capital needs. 9:09 p.m. Moderator Deborah Brown announced eleven articles to be taken as part of a CONSENT AGENDA. Articles on the CONSENT AGENDA: 6, 10, 17, 19,20,24, 27, 28, 32, 33 and 37.No discussion ensued regarding the articles, except on Article 19. CONSENT AGENDA ARTICLE 6: APPROPRIATE FOR SENIOR SERVICE PROGRAM MOTION: That the Town appropriate $20,000 for the purpose of conducting a Senior Service Program,to be spent under the direction of the Town Manager; that to meet this appropriation$20,000 be raised in the tax levy; and that the Board of Selectmen be authorized to establish rules and regulations for the conduct of the program. ARTICLE 10: APPROPRIATE FOR RECREATION CAPITAL PROJECTS MOTION: That$68,000 be appropriated for Pine Meadows Golf Course equipment, and that to,meet this appropriation$68,000 be appropriated from Recreation Fund Retained Earnings. � �' ARTICLE 17: TECHNICAL CORRECTION TO THE BORROWING AUTHORIZATION �. UNDER ARTICLE 13b OF THE 2014 ANNUAL TOWN MEETING `�" MOTION: That the borrowing authorization approved under Article 13b of the warrant for the 2014 Annual Town Meeting (School Technology) in the amount of$1,100,000 be changed to read$1,110,000. ARTICLE 19: MARTINGALE ROAD STREET ACCEPTANCE MOTION: To establish as a Town way and accept the layout of Martingale Road from Freemont Street, a distance of 850 feet, more or less, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated October 14, 2014, and to authorize the Selectmen to take by eminent domain,purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. 9:10 p.m. Robert Avalone, Pct.8, questioned the meaning of a street acceptance; Town Manager Carl Valente responded. ARTICLE 20: RICHMOND CIRCLE STREET ACCEPTANCE MOTION: To establish as a Town way and accept the layout of Richmond Circle from Martingale Road, a distance of 170 feet, more or less, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated October 14, 2014, and to authorize the Selectmen to take by eminent domain,purchase or � otherwise acquire any fee, easement or other interest in land necessary therefor. ARTICLE 24: A,PPROPRIATE BONDS AND NOTES PREMIUMS MOTION: That the Town,appropriate $32,858 from the premium paid to the Town upon the sale of bonds issued for the Bridge and Bowman School reconstruction as authorized under Article 2 of the November 14, 2011 Special Town Meeting and $116,282 from the premium paid to the Town upon the sale of bonds issued for the Estabrook School construction as authorized under Article 2 of the Apri12, 2012 Special Town Meeting, which are the subject of Proposition 2'/z debt exclusions,to pay costs of the projects being financed by such bonds and to reduce the amounts authorized to be borrowed for such projects, but not yet issued by the Town, by the same amounts. 372 March 30, 2015 Adjourned Session of the 2015 Annual Town Meeting, cont... ARTICLE 27: APPROPRIATE TO STABILIZATION FUND MOTION: That this article be indefinitely postponed. ARTICLE 28: APPROPRIATE FROM DEBT SERVICE STABILIZATION FUND MOTION: That $124,057 be appropriated from the Debt Service Stabilization Fund to offset the FY2016 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 as refunded with bonds dated December 8, 201 l. - ARTICLE 32: ESTABLISH QUALIFICATIONS FOR TAX DEFERRALS MOTION: That this article by indefinitely postponed. ARTICLE 33: AUTHORIZE HOME RULE PETITTON FOR TAX RELIEF MOTION: That this article be indefinitely postponed. ARTICLE 37: AMEND GENERAL BY-LAW—STREET PERFORMERS MOTION: That Section 76-3 of Chapter 76 of the Code of the Town of Lexington (Street Musicians) be amended as set forth in the Article, and further that non- substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Lexington. Article 37.Approved by Attorney General Maura Healey.August 7,2015;Posted August 14,2015. ------------------- 9:13 p.m. Following electronic vote tallying,the Moderator declared the CONSENT AGENDA comprising Articles 6, 10, 17, 19, 20, 24, 27,28, 32, 33 and 37 Adopted by more than the necessary two-thirds on a vote of: Yes No Abstain 162 0 2 9:14 p.m. Presented by Selectman Suzanne Barry. ARTICLE 7: ESTABLISH AND CONTINUE DEPARTMENTAL REVOLVING FUNDS '—'T' MOTION: That the Town authorize the following revolving funds for certain Town departments � pursuant to the provisions of M.G.L. Chapter 44, Section 53%2 for Fiscal Year 2016 .� beginning July 1, 2015, as follows: Revolving Authorized Departmental Use of Fund FY2016 Fund Representative or Board to Receipts Authorization Spend Building Rental Public Facilities Building Rental Personnel and $425,000 Revolving Director Fees Expenses Related to the Rental of Fund Facilities DPW Burial Public Works Sale of Grave Program $40,000 Containers Director Boxes and Burial Expenses Vau]ts DPW Compost Public Works Sale of Compost and Personnel,Benefits,Program $520,000 Operations Director Loam,Yard Waste Expenses and Capital Permits PEG Access Board of Selectmen and Town License Fees from Cable CATV contract,equipment and $565,000 Manager TV Providers related expenses,improvements to Cary Memorial Building to enhance PEG Access broadcasting Lexington Tree Board of Selectmen Gifts,Fees and Fines Program Expenses $45,000 Fund Minuteman Public Works Director Fees Paid by Consortium Program Expenses $180,000 Household Towns �� Hazardous Waste I Program � ..�._.) Health Programs Health Director Medicare Program Expenses $14,000 Reimbursements Council on Aging Human Services Director Program Fees and Gifts Program Expenses $100,000 Programs Tourism/Liberty Town Manager and Tourism Liberty Ride Receipts, Program Expenses $280,000 Ride Committee including ticket sales, advertising revenue and charter sales ------ ---- ---� --------_ ._. � ---.._---- 373 March 30, 201 S Adjourned Session of the 201 S Annual Town Meeting, cont... School Bus School Committee School Bus Fees Bus Transportation Expenses $850,000 Transportation Regional Cache— Public Works Director User Fees from Program Expenses $20,000 Hartwell Avenue Participating Municipalities Visitor Center Economic Development Sale of Goods,Program Personnel,Benefits and Program $117,000 Director Fees and Donations Expenses J 9:14 p.m. Selectman Suzanne Barry reported unanimous Board support. 9:14 p.m. Margaret Coppe, School Committee, reported unanimous support of the Committee. 9:15 p.m. Jill Hai, Chair, Capital Expenditures Committee,reported unanimous support of the Committee. 9:15 p.m. Glenn Parker, Chair, Appropriation Committee, reported unanimous support of the Committee. 9:16 p.m. Following electronic vote tallying,the Moderator declared Article 7 Adopted by a vote of: Yes No Abstain 164 0 2 9:18 p.m. Selectman Suzanne Barry recused herself from discussion and voting on Articles 21 and 22. 9:18 p.m. Presented by Selectman Joseph Pato. ARTICLE 21: APPROPRIATE TO POST EMPLOYMENT INSURANCE LIABILITY FUND MOTION: That$1,200,000 be appropriated to the Town of Lexington Post Employment Insurance Liability Fund, as established by Chapter 317 of the Acts of 2002, and that to meet this appropriation $3,247 be appropriated frorri the General Fund unreserved fund balance and $1,196,753 be raised in the tax levy. 9:19 p.m. Selectman Joseph Pato presented the requested action and reported Board support;. ,: Suzanne Barry abstaining. 9:19 p.m. Glenn Parker, Chair, Appropriation Committee, reported unanimous support of the ,� , Committee. 9:21 p.m. Sam Silverman, Pct. 5, questioned the benefit of the appropriation; Town Manager, Carl Valente responded. 9:24 p.m. "Thomas Diaz, Pct. 4, stated opposition. , 9:30 p.m. Assistant Town Manager for Finance, Robert Addelson, addressed questions. 9:38 p.m. Members debated issue, noting value of a secnre pension fund. 9:44 p.m. Following electronic vote tallying, the Moderator declared Article 21 Adopted by a vote of: Yes No Abstain 137 17 8 9:45 p.m. Presented by Selectman Michelle Ciccolo. ARTICLE 22: ADJUST RETIREMEN�' COLA BASE FOR RETIREES MOTION: That the base amount upon which cost of living adjustments are calculated for retirees be raised to $13,000 as authorized by M.G.L. Chapter 32, Section 103(j). 9:45 p.m. The Moderator recognized Robert Cunha, Pct. 1, Chairman, Retirement Board, who explained reason for proposed increase, noting last increase was 18 years prior. 9:55 p.m. Glenn Parker, Chair, Appropriation Committee,reported opposition in [3-6] vote. 9:58 p.m. Selectman Michelle Ciccolo reported [4-0-1] vote of the Board, Suzanne Barry abstaining. (� 9:58 p.m. The Moderator reported the School Committee had no position. � 9:59 p.m. Members spoke both in support and in opposition. `�� 10:07 p.m. Selectman Joseph Pato clarified that the increase in the COLA base was not subject to collective bargaining negotiations. 10:09 p.m. Following electronic vote tallying, the Moderator declared Article 22 Adopted by a vote of: Yes No Abstain 143 6 7 3�4 March 30, 201 S Adjourned Session of the 2015 Annual Town Meeting, cont... 10:11 p.m. Presented by Selectman Norman Cohen. ARTICLE 23: ACCEPT CHAPTER 235 OF THE ACTS OF 1994 MOTION: That the Town hereby accepts Chapter 235 of the Acts of 1994 regulating pension rights of certain firefighters and police ofFicers terminated due to a reduction in force. 10:11 p.m. Mr. Cohen explained the motion allowed retirees to "buy back" into the pension system. 10:12 p.m. The Moderator recognized Town Manager Carl Valente who described the local option statute and the specifics of its adoption. 10:16 p.m. Following electronic vote tallying, the Moderator declared Article 23 Adopted by a vote of: Yes No Abstain 148 2 4 10:18 p.m. Jessie Steigerwald; Chair, School Committee, requested a point of ord�r to note the 302°d anniversary of Incorporation Day for the Town on March 31, 2015. 10:18 p.m. Thomas Diaz, Pct. 4,served Notice ofReconsideration of14rtiele 21. 10:19 p.m. Moderator Deborah Brown reviewed the agenda for the upcoming April l, 2015 session. 10:19 p.m. Selectman Joseph Pato moved the meetiilg be adjourned until 7:30 p.m. Wednesday, April 1, 2015, Donald J. Gilespie, Jr. Auditorium, Lexington High School. Motion Adopted. A true copy. Attest: �� - E'`' Nathalie L. Rice, Town Clerlc � 1 April 1, 2015 Adjourned Session of the 2015 Annnal Town Meeting � Moderator Deborah Brown called the fourth session of the 2015 Annual Town Meeting to order at 7:30 p.m., Wednesday April 1, 2015, Lexington High School, Donald J. Gilespie, Jr. Auditorium; a quorum in excess of 100 members present. 7:33 p.m. The Moderator reviewed new motions and reiterated procedures for respectful debate. ARTICLE 2: ELECTION OF DEPUTY MODER.ATOR AND REPORTS OF TOWN BOARDS, OFFICERS AND COMMITTEES 7:37 p.m. Selectman Joseph Pato moved the Report of Sustainable Lexington be received and placed on file. Unaniinously Adopted. 7:38 p.m. Todd Rhodes, 482 Marrett Road, Sustainable Lexington Committee,presented the Committee's Report, stating support for articles relating to pedestrian and bicycle safety and universal access. 7:44 p.m. Selectman Joseph Pato moved Article 45 be taken up. Motion Adopted. 7:44 p.m. Presented by Rita Goldberg, Pct. 2. ARTICLE 45: TOWNWIDE PROCESS FOR SAFETY (Citizen Article) MOTION: Resolved that the Board of Selectmen take urgent action to address town-wide �, bicycle and pedestrian safety needs with the goal of reducing pedestrian and cyclist � fatalities and serious accidents in Lexington to zero, and that they report to Town � Meeting in a year's time with a plan of action and possible budget requirements. 7:45 p.m. Rita Goldberg, Pct. 2, reported, requesting the.Board of Selectmen to take action regarding pedestrian and bike safety and to increase universal access. 7:52 p.m. Selectman Joseph Pato responded, noting critical nature of safety improvements and stating Board support [4-0-1]. . 7:53 p.m. Charles Honiig, Cliair, Planning Board, reported unanimous support of the Board. 7:54 p.m. Margaret.Enders, Pct. 8, Chair, Bicycle Advisory Committee, urged support. __-----__--- � _---- ._ _ ___ __ ----__ -- -- -- -------. ----_ � 375 April 1, 2015 Adjourned Session of'the 2015 Annual Town 1l�Ieeting, cont... 7:57 p.m. Members questioned enforceability; Mr. Pato explained vote would be non-binding. 8:03 p.m. Following electronic vote tallying, the Moderator declared Article 45 Adopted by a vote of: Yes No Abstain 160 0 3 8:05 p.m. Presented by Selectman Michelle Ciccolo. � ARTICLE 35: ACCEPT MGL CHAPTER 90-I, SECTION 1 (COMPL�TE STREETS � PROGRA1Vn MOTION: That the Town hereby accepts Section 1 of Chapter 90I, as amended, of the Massachusetts General Laws related to the Commonwealth's Complete Streets Program. . 8:07 p.m. Selectman Michelle Ciccolo explained the requested action would give the Town authority to apply for grants and receive capital funding for street and sidewalk projects. 3:07 p.m: Jill Hai, Chair, Capital Expenditures Committee, reported unanimous support of tlie Cominittee. 8:07 p.in. G1enn Parker, Chair; Appropriation Committee, reported unanimous support of the Committee. 8:07 p.m. Charles Hornig, Chair, Planning Board, reported unanimous support of the Board. 8:07 p.m. Selectman Michelle Ciccolo reported unanimous support of the Board. 8:08 p.m. Following electronic vote tallying, the Moderator declared Article 35 Adopted by a vote of: Yes No Abstain 163 0 2 8:10 p.m. Selectman Joseph Pato moved Article 11 be taken up. Motion Adopted. 8:10 p.m. Presented by Selectman Michelle Ciccolo. ARTICLE 11: APPROPRIATE FOR MiJNICIPAL 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) Center Streetscape Improvements and Easements—Phase I- $2,700,000 for the recoristruction of a portion of Massachusetts Avenue, including a traffic signal, sidewalks and lighting, and any incidental costs relative thereto, and to take by eminent domain, purchase or otherwise acquire any fee, eas�ment or other interest in land necessary therefor; and that to meet this appropriation the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow $2,700,00�under M.G.L, Chapter 44, Section 7, or any other enabling authority; b) DPW Equipment-$1,270,000 far the cost of departmental equipment for the Department of Public Works and all incidental costs rela�ed thereto, and that to meet this,appropriation $40,500 be appropriated from the Water F.und Retained Earnings, $40,500 be appropriated from Wastewater Fund Retained Earnings, $100,000 be appropriated from the General Fund unreserved fund balance, and the Treasurer,with the approval of the Board of Selectmen, is authorized to borrow$1,089,000 under M.G.L. Chapter 44, Section 7(9), or any other enabling authority; c) Storm Drainage Improvements,NPDES Compliance and Easements- $340,000 for constructing and reconstructing storm drains and all incidental costs related thereto, and to take by eminent domain,purchase or otherwise acquire any fee, easement or other interest in iand necessary therefor; and that to meet this appropriation $225,575 be appropriated from the General Fund unreserved fund balance, $4,513 be voted from the unexpended proceeds voted under Article 14 of the warrant for the 1996 Annual Town Meeting, $721 be voted from the unexpended proceeds voted under Article 18A of the warrant for the 2009 Annual Town Meeting, $14,56Q be yoted from the unexpended "" proceeds voted under Article l OB of the warrant for the 2011 Annual Town Meeting, $67 be voted from the unexpended proceeds voted under Article 12A of the warrant for the 2011 Annual Town Meeting, $78 be voted from the une�cpended proceeds voted under.Article 15B of the warrant for the 2012 Annual Town Meeting, $6,332 be voted from the unexpended proceeds voted under Article 11B of the warrant for the 2012 Annu.al Town Meeting, $47,687 be voted fi-om the unexpen�ed proceeds voted under t�-ticle l0A of the warrant for the 2013 Annual Town Meetin�, $6,706 be voted from the unexpended proceeds voted under Article 13B of the warrant for the 2013 Annual Town Meeting, $4,978 be voted from the unexpended.proceeds voted under Article 14M of the warrant for the 2013 Annual Town Meeting, and the Treasurer, with the 3�6 April 1, 201 S Adjourned Session of the 201 S Annual Town Meeting, cont... approval of the Board of Select�nen, is authorized to borrow$28,7&3 under M.G.L. Chapter 44, Section 7(1}, or any other enabling authority; d) Comprehensive Watershed Storm Water Ma.nagement Studv and Implementation and Easements-$390,000 to fund watershed storm management projects 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 therefor; and that to meet this appropriation the Treasurer,with the approval of the Board of Selectmen, is authorized to borrow$390,000 under M.G.L. Chapter 44,.Section 7(1) or any other enabling authoriiy; e) Sidewalk Improvements, Additions, Design and Easements-$600,000 for rebuilding and repaving existing side.wallcs and designing and co.nstructing new sidewalks, including designing a new sidewalk on Pleasant Street and constructing a new sidewalk on portions of Prospect Hill Road where no sidewalk exists, including reconstructing the intersection of Prospect Hill Road and Marrett Road, 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 therefor; and that to meet this appropriation the Treasurer,with the approval of the Board of Selectmen, is authorized to borrow$600,000 under M.G.L. Chapter 44, Section 7(6), or any other enabling authority; fl Townwide Culvert Replacement-$100,000 for the repair and replacement of culverts; 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(1); or any other enabling authority; g) Townwide Signalization Improvements-$125,000 for traffic and pedestrian signals, 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(14), or any other enabling authority; h) Hartwell Avenue Infrastrtichire Improvements and Easements - $4,750,000 for designing,permitting and constructing improvements to Hartwell Avenue, including replacing or rehabilitating the Hartwell Avenue bridge crossing at Kiln Brook and upgrading the Maguire Road intersection, and to take by eminent domain, purchase or otherwise acquire any fee,easement or other interest in land necessary therefor; and that to meet this appropriation the Treasurer,with the approval of the Board of Selectmen is authorized to borrow$4,750,000 under M.G.L. Chapter 44, Section 7, or any other enabling � authority; .. � i) Street Improvements and Easements- $2,270,145 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 therefor, and tha�to meet this appropriation $2,270,145 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 Department of Transportation; j) Bikeway Bridge Repairs and Engineering-$10,000 for an engineering study to determine.the work needed to repair the Grant Street Bridge along the bikeway, and that to meet this appropriation $10,000 be appropriated from the General Fund unreserved fund balance; k) Hastings Park Undergrounding Wires—$300,000 for the undergrounding of utiliiy wires at Hastings Park, and that to meet this appropriation$300,000 be appropriated from the General Fund unreserved fund balance; 1) Hydrant Replacement Program- $150,000 for the replacement of fire hydrants and all incidental costs related thereto, and that to meet this appropriation $75,000 be appropriated from Wafer Fund Retained Earnings and $75,000 be appropriated from the General Fund unreserved fimd balance; m) Westview Cemetery Building Assessment—$35,000 for an assessment of the Cemetery � Building to determine whether it can be renovated and expanded or ��vhether a new building is needed, and that to meet this appropriation $35,000 be appropriated from the Cemetery Trust Fund; n) Replace Townwide Telephone Systems—Phase N-.$52,�JQ0 for new tele-phone systems in town and school Uuildings, and that to meet this appropriation $52,000 be appropriated from the General Fund unreserved fund balance; o) Municipal Technology Improvement Program—Phase III—:$140,000 for additional disk-based storage, and that to meet this appropriation$140.,000 be appropriated from the General Fund unreserved fund balance; p) Police/Fire Dispatching and Records Software—$705,900 for hardware and software for a fully integrated police/fireldispatch software system, and any incidental costs relative thereto, and that to meet this appropriation$307,500 be appropriated from ----___-- ----------- ____ __ , -—____�_---- -- - _ ____ _ __ __ _---- ____ ___ ---__ -___ ------ --- 377 ApNil 1, 201 S Adjourned Session of the 2015 Annual Town Meeting, cont... the General Fund unreserved fund balance, and the Treasurer, v��ith the approval of the Board of Selectmen is authorized to borrow$398,400 under M.G.L. Chapter 44, Sections 7 (28) and(29), or any other enabling authority; q) Parking Meter Replacement-$500,000 for replacing parking meters with new technology, and that to meet this appropriation the Treasurer,with the approval of the Board of Selectmen, is authorized to borrow$500,000 under M.G.L. Chapter 44, Section 7, or any other enabling authority; r) Public Safety Radio Stabilization=Phase I—$90,000 for improving rel'iability and redundancy in the Public Safety Radio System, and that to meet this appropriation $90,000 be appropriated from the General Fund unreserved fund balance; and -' s) Design/Engineering—Firing Range at Hartwell Avenue Compost Site— $50,000 for design and enginearing related to the relocation, expansion and modernization of the current Lexington Police outdoor firing range at the Hartwell Avenue facility, and that to rrieet this appropriation $50,000 be appropriated from the General Fund unreserved fund balance. -------------------- 8:10 p.m. Moderator Deborah Brown explained that sections (qj and(k) of Article 11 would be discussed at a future date, and reminded members of revised motion for section (c). 8:12 p.m. Selectman Michelle Ciccolo presented 11(a) Center Streetscane Imnrovements and Easements, explaining Phase I plans for reconstruction of a section of Massachusetts Avenue from Woburn Street to.the Cary Memorial Building. Changes included improved crosswalks, reconfiguring bike lanes, narrowing traffic lanes and installing flush medians and traffic signals. 8:19 p.m. Town Engineer, John Livsey, described the project in greater detail. " 8:30 p.m. Selectman Peter Kelley presented minority report, stating his opposition to design and to lack of alternatives for traffic control. 8:41 p.m. Glenn Parker, Chair, Appropriation Committee, reported Committee support, [8-1]. 8:41 p.m. Charles Hornig, Chair, Planning Board, reported unanimous support of the Board. 8:42 p.m. Jill Hai, Chair, Capital Expenditures Committee, reported Committee support [4-1], but noted possibility of revoting. - 8:43 p.in. Virginia Buckley, Chair, Commission on Disabilify, reported Committee's active involvement in the planriing process and urged support. 8:47 p.m. Micllael Boudett, Pct. 4, Center Committee, reported unanimous support of the Committee. 8:48 p.m. Laurel Carpenter, Pct. 2, Bicycle Advisory Committee reported support. 8:49 p.m. Pamela Shadley, 22 Normandy Road, reported support of the Chamber of Commerce. 8:50 p.m. Ephraim Weiss, Pct. 5, moved to amend Article 11(a). MOTION TO A1VI�ND ARTICLE 11(a): � � To amend Article 11(a)by deleting the words, "including any traffic signal" and replacing it with, "excluding a traffic signal, and including". 8:53 p.m.. Selectman Joseph Pato, Chair, reported unanimous opposition of the Board. 8:53 p.m. Selectman Peter Kelley urged indefinite postponement. 8:53 p.m. Gle.nn Parker, Chair, Appropriation Committee, reported unanimous Committee opposition to the amendment. 8:54: p.m. Jill Hai, Chair, Capital Expenditures Committee, reported opposition. 8:55 p.m. Charles Hornig, Chair, Planning Board, reported [4-0] opposition. 8:57 p.m. Moderator Deborah Brown clarified that there was no motion to indefinitely � postpone, despite previous discussion. � 9:18 p.rri. Jessie Steigerwald, Chair, School Committee, moved to continue discussion for an additional 15 minutes. Motion Adopted. 9:26 p.m. Dawn McKenna, Chair, Tourism Committee,.urged members to consider i.mpacts to historic resources. 9:27 p.m. In resporise to a questions from Ms. McKenna, Town Engineer John Livsey reported . the 50% clesign phase would be complete in August of 201.5, with 100% design due in February, 2016. Ms. McKenna urged opposition to the amendinent. 9:30 p.m.. Selectman Joseph Pato stated the Board would have to rzquest a new design if tr�c signals��vere removed. The Board requested time to caucus. Mr. Pato moved to call a 10 minute recess to enable the Board to caucus. Motion Adopted. 3�8 - April 1, 201.5 Adjourned Session of the 2015 Annual Town Meeting cont... 9:42 p.m. The Moderator called the meeting back to order. 9:42 p.m. Mr. Pato questioned the value of a delay of'the design phase, noting authority of the Selectmen as Road Commissioners. 9:44 p.m. The Moderator recognized Town Counsel, Kevin Batt, who explained the Selectrrieri's authority under MGL, Chapter 41, section 64. 9:48 p.m. Members discussed the motion in light of this information. 9:5�p.m. George Burnell, Pct. 7, moved to extend discussion. Moti.on not Adopted. 9:55 p.m. Following electronic vote tallying,the Moderator declared Mr. Weiss' MOTION f TO AMEND ARTICLE 11(a)Not Adopted by a vote of: • Yes No Abstain _ 52 108 3 9:57 p.m. Discussion returned to the main motion for Article 11(a), with comments offered from Town 1�leeting members and members of the public. 10:01 p.m. Andrew Friedlich, Pct. 5, read a letter of opposition from a resident of Russell Square Condominiums. 10:15 p.m. Marilyn Fenollosa, Pct. 5, read a letter of opposition from the Russell Square Condominium Trust. 10:16 p.m. Discussion continued on the topics of traffic flow, ��ehicular safety,pedestrian safety, urbanization of the Center, design elements, project costs and the public process going forward. 10:49 p.m. Richard Neumeier, Pct. 2,moved the questiori. Motion Adopted. 10:49 p.m. Selectman Michelle Ciccolo made a closing statement, addressing the necessity of upgrades and drawbacks of postponement. 10:51 p.m. Following electronic vote tallying,the Moderator declared Article 11(a)Not Adopted, it failing to receive the necessary two-thirds vote: Yes No Abstain 97 64 3 10:53 p.m. Selectman Michelle Ciccolo servecl Notice of Reconsideration ofArtic[e II(a). 10:54 p.m. Selectman Joseph Pato moved the meeting be adjourned until 7:15 p.m. Monday, r� April 6, 2015, Donald J. Gilespie, Jr. Auditorium, Lexington High School. Motion ....� Aclopted. A true copy. , Attest: (��i�• .f�{,�--�Lc.. Nathalie L. Rice, Town Clerk April 6, 2015 Adjourned Session of the 2015 Annual Town 1Vleeting Moderator Deborah Brovtm called the fifth session of the 2015 Annual Town Meeting to order at 7:15 p.m., Monday, April 6, 2015, Lexington High School, Donald J. Gilespie, Jr. Auditorium; a quorum in excess of 100 members present. 7:17 p.m. The Moderator called a recess in the April 6, 2015 Annual Town Meeting for the purpose of recognizing Bob Harris, Assistant Superintendent for Human Resotuces, who presented the 2015 Sharyn Wong-Chan/Sara Harrington Diversity Award to High School social worker, Cheryl Crowder, for her dedication in furthering diversity. 7:29 p.m. The Moderator declared Town Meeting returned from recess and reviewed electronic � voting. She declared tlle Meeting open on Article 2. � .._.. ARTICLE 2: ELEC�'ION OF DEPUTY MOI)ER.ATOi2 AND REP�RTS OF TOWN BOARDS, OFFICERS AND COMMITTEES 7:29 p.m. Marilyn Fenollosa, Pct. 8, Chair, Commu.nity Preservation Committee (CPC), moved the Report of the CPC be accepted and placed on file. Unanimously Adopted. __-- - _-----_- ------_ - ----- -- -- - _ _ __ __ _ __ _--- _ _ __ _ -_-------- i __ _ _ ___ 379 ApNil 6, 201 S Adjourned Session of the 201 S Annual Town Meeting, cont... 7:38 p.m. Presented by Marilyn Fenollosa, Chair, CPC. AIZTICLE 8: APPROPRIATE THE FY2016 COMMUNITY PRESERVATION COMMITTEE OP�R�iTING BUDGE�'AND CPA PROJECTS 1VdOTION: That the Town hear and act on the report of the Community Pxeservation Committee on the FY2016 Community Preservation budget and,pursuant to the recommendations of the Community Preservation Cornmittee, take the following actions: That the Town reserve for appropriation the following amounts from estimated FY2016 receipts as recommended by the Community Preservation Committee: 1. $504,800 for the acquisitior�, creation and.preservation of open space;:: 2. $504,800 for the acquisition,preservation,rehabilitation and restoration of historic resources; � 3. $504,800 for the acquisition, creation,preservation and support of c.ommunity housing; and � 4. $3,533,600 to the Unbudgeted Reserve. And further,that the Town make appropriations from the Community Preservation Fund and other sources as follows: a) That$26,400 be appropriated for a conservation meadow preservation program, and to meet this appropriation $26,400 be appropriated fi-om the Open Space Reserve of the Community Preservation Fund; b) That$36,790 be appropriated for the Parlcer's Revenge battle site restoration, and to meet ' this appropriation $36,790 be appropriated from the Historic Resources Reserve ofthe Community Preservation Fund; : c) � That$40,000 be appropriated f6r a historic siructure assessment report of the First Parish Church, and to meet this appropriation $40,000 be appropriated from the � Historic Resources Reserve of the Cominunity Preservation Fund; d) That$75,398 be appropriated for the Cary Memorial Building Records Center shelving, and to meet this appropriation$75,398 be appropriated from the Historic Resources Reserve of the CommuniTy Preservation Fund; e) That$200,000 be appropriated for the design of the Battle Green streetscape improvements, and to meet this appropriation $140,000 be appropriated from the Historic Resources Reserve of the Community Preservation Fund and $60,000 be appropriated from the General Fund unreserved fund balance; � fl.. That$50,000 be appropriated for the design of a Community Center sidewalk, and to meet -- this appropriation $50,000 be appropnated from the Historic Resources Reserve ofthe Community Preservation Fund; g) That this item be indefinitely postponed. h) That$25,000 be appropriated for the Community Center Preservation R.estriction Endowment, and to meet this appropriation $25,000 be appropriated froin the Historic Resources Reserve of the Community Preservation Fund; i) That$68,000 be appropriated for park and playground improvements, and to meet this appropriation $68,000 be appropriated from the Unbudgeted Reser�e of the Community Preservation Fund; j) That$85,000 be appropriated for park improvements-athletic fields, and to meet this appropriation $85,000 be appropriated from the Unbudgeted Reserve of the Community Preservation F.und; . . k) That$78,.000 be appropriated for park and playgrounds ADA accessibility study, and to . meet this appropriation $78,000 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund; . 1) That$55,.000 be appropriated for.park improvements-hard court resurfacing, and to meet this appropriation $55,000 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund; m) That$650,000 be appropriated for Lincoln Park Field improvements, and to meet this appropriation$220,000 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund., $193,500 be appropriated from the Recreation and Community Programs Fund Retai.ned Earnings, and the Treasurer,with the approval of the Board of Selectmen, is authorized to borrow$236,500 under M..G.L. Chapter 44, Section 7(25), or any other enabling authority; `� n) That$290,000 be appropriated far the Minuteman.Bikeway culvert rehabilitation, and to meet this appropriation $290.,000 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund; o) That$18,�00 be appropriated for the design of the Grain Mill Alley, and t�meet this appropriation $18,000 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund; p) That$39,000 be appropriated for design funds for the Minuteman Bikeway Wayfinding Signs, and to meet this appropriation $39,000 be ap.propriated from the Unbudgeted Reserve of the Community Preservation Fund; ;�� April 6, 201 S Adjou�ned Session of the 2015 Annual Town Meeting, cont... q) That$369,813 be appropriated for the Lower Vine Brook paved recreation path reconstruction, and to meet this appropriation$369,813 be appropriated from the Unbudgeted Reserve of the Coinmunity Preservation Fund; r) That$2,417,200 be appropriated for CPA Debt Service and to meet this appropriation $424,800 be appropriated from the Open Space Reserve of the Communiiy Preservation Fund and $1,992,400 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund; and , s) That$150,000 be appropriated for the Administrative Expenses and all other necessary and , proper expenses of the Community Preservation Committee for FY2016 and to meet this appropriation $150,000 be appropriated from the Unbudgeted Reserve ofthe Community Preservation Fund 7:39 p.m. Selectman Joseph Pato reported unanimous Board support of all sections of Article 8 except (c) and (q). 7:39 p.m. Jill Hai, Chair, Capital Expenditures Committee, reported unanimous Committee support on all sections except (q); with comments to be made on(c,e,o,p). 7:40 p.m. Glenn Parker, Chair, Appropriation Committee, reported unanimous Committee support on all sections except (c), with comment to be made on same. 7:40 p.m. Charles Hornig, Chair, Planning Board, reported unanimous Board support on all sections, with comments to be made on(e) and (o). 7:40 p.m. Following electroriic vote tallying, the 1Vloderator declaretl r�rticle 8, parts [1-4] Adopted Uy a vote of: Yes No Abstain 141 0 4 7:45 p.m. Article 8(a) Conservation Meadow Preservation Pro�ram and Article 8(q) Lower Vine Brook Paved Recreation Path Restoration 7:45 p.m. The Moderator recognized Philip Hamilton, Pct. 7, Chair, Conservation Commission, who described request for$26,400 for a conservation meadow preservation program � under section (a); and $369,813 for reconstruction of a recreation path in the Lower Vine Brook area under section (q). 7:52 p.m. Selectman Pato reported unanimous support of the Board for (q). 7:54 p.m. Following electronic vote tallying;the Moderator declared Article 8(a) Adopted by a vote of: Yes No Abstain 15I 3 2 7:54 p.m. Following electronic vote tallying,the Moderator declared the Article 8(q) Adopted by a vate of: � Yes No Abstain � 153 0 3 7•;55 p;m. . . Ar�icle 8(b) Parker's Reven�e Site Restoration: Marilyn Fenollosa, Chair of the Community Preseryation Committee, asked.the Moderator to.r.ecogriize Dan Fenn, Pct. 3, for presentation of Article 8(b), which sought approval of$36,790 in funding to preserve the site of Capt�in Parker's ambush of British troops returning fiom Concord on the afternoon of April 19, 1775. Mr. Ferin discussed history of the.site, stressing the importance of its restoration. 8:02 p.m. Dawn McKenna, Chair, Tourism Committee,:reported suppQrt�for 8(b). 8:03 p.m. Following electronic vote tallying,the Moderator declared Article �(b)Adopted by a vote of: Yes No Abstain 151 3 3 8:03 p.m. Article S(c) First Parish Chureh RestoratiQn - Histo�ic Structure Renort: Ms. Fenollosa asked the Moderator to recognize Erik Svenson, Chair, Building and Grounds Committee, First Parish Church, 7 Harrington Road. He explained.tke Church's reeiuest for $40,Q00 in CPA funding for a Historic Structure Report and the developrnent of limited construction plans. 8:08 p.m. Selectman_Joseph Pato, Chair, reported opposition [1-3-1]; expressed liesitancy of the Board to appropriate Town funds for a religious institution despite eligibility. 8:10 p.m. Glenn Parker, Chair, Appropriation Cominittee, reported op�osition of Committee in [3-6] vote, stating two concerns; (1)the Church's lack of availability for general public visitation, and (2) its limited contribution to project cost. 8:1 T p.m. Dawn�vTcKenria, Chair; Tourism Committee, stressed iconic beauty of the Church, _ __- ---___ _------------___ __ _-- _ __- -------- -. - ..._ .__ __---- _ __ . __ _ ----- ------ _ ___ ___ r___ . . �� Ap�°il b, 2013 Adjourned Session of the 201 S Annual Town Meeting, cont... reporting informal Committee vote of support [6-0]. 8:15 p.m. Lynne Hopkins, Chair, Historic Districts Commission, reported unanimous support, of the Commission. 8:19 p.m. Robert Pressman, 22 Locust Avenue, Commuxuty Preservation Committee, spoke in support of the project due to the Church's location on the Green, noting that funding the current proj ect did not obligate Town to fund construction phase. � 8:25 p.m. . Town Meeting members questioned precedent set by using CPA funds for religious institutions. Edith Sandy, Pct. 6, questioned public benefit. � 8:42 p.m. Mr. Svenson stated it was Lu�lcnown if the Church would seek construction funding � _, until results of the Historic Structure Report were known. 8:49 p.m. Janet Perry, Pct. 9, moved the question. Motion Adopted.� - - 8:49 p.in. Following electronic vote tallying,the Moderator declared Article 8(c) Adopted by a vote of: Yes No Abstain 100 63 4 8:51 p.m. Article 8(�l) Cary Memorial Building Records Center ShelvinE: Ms. Fenc�llosa aslced the Moderator to recognize Nasrin Rohani, Town Archivist. Ms. Rohani described the need for shelving in the Records Center in the Cary Memarial Building for sliort and long term retention of doc�.zments. 8:53 p.m. Thomas Griffiths, Pct. 7, asked if the Records Center was climate-controlled. Ms. Rohani explained the room was air-conditi�ned. 8:54 p.m. Following electronic vote tallying, the Moderator declared Article �(d)Adopted by a vote of: Yes No Abstain 143 6 6 8:55 p.m. Article 8(e) Battle Green Streetscane Imnrovements: The Moderator recognized David Pinsonneault, DPW Director of Operations, who explained funding would support development of design plans and construction estimates for pedestrian flow in the Battle Green area. � 8:58 p.m. Charles Hornig, Chair, Planning Board, reported Board support. �_ 8:58 p.m. Wendy Manz, Capital Expenditures Committee, reported opposition of the Committee. 8:58 p.m. Dawn McKenna, Chair, Tourism Committee, reported support of the Committee. 9:02 p.m. Members questioned Mr. Pinsonneault and Town Engineer, John Livsey, about the relationship of project to the larger Streetscape Project; some members suggested postponement. 9:16 p.m. Selectmaii Joseph Pafo, Chair, reported unanimous support:of the 3oard. 9:25 p:m. � Following electronic vote tallying, the 1Vloderator declared Article 8(e) Adopted by a vote of: Yes No ' Abstain � .: 97 60 � 9:26 p:m. Ar�icle 8(� Community Center Sidewalk Desi�n• Ms:Fenollosa�aslced the Moderator to recognize Town Engineer, John Livsey, to present the project. Mr. Livsey explained sid.ewalk location, surface ancl suitaUility for universal access. 9:28 p.rn. Following electronic vote tallying, the Moderator declared Article 8(� Adopted by a vote of. Yes No Abstain 147 3 4 9:29 p.m. Article 8(�) Cary Memorial Buildin�Sidewalk Enhancement: Ms. Fenollosa moved Indefinite Postponement, this article having been funded under Article 4 of Special Town � Meeting#2. � 9:29 p.m. Following a voice vote, the Moderator declared Article 8(g) Unanimously Adopted. 9:30 p.m. Article 8(h) Community Center Preservation Restriction Endovvment• Ms. Fenollosa asked the Moderator to recognize Town Manager, Carl Valente, who explained that a Permanent Hisforic Restriction was needed for the Gommunity Center. He stated the Historical Society would hol�' the restriction, with funding used for administrative and monitoring expenses. 9:3� p.m. Follotiving electronic vote tallying, the Moderator declared Article 8(h) Adopted by a v�te of: Yes No Abstain � 155 0, . 4_. 382 Aprzl 6, 20I S Adjourned Session of the 201 S Annual Town Meeting, cont... 9:33 p.m. Ms. Fenollosa asked the Moderator to recognize Lisah Rhodes, Pct. 9, Recreation Commitrtee, who presented Articles 8(i,j,k,l,m) and reported unanimous support. 9:34 p.m. Article 8(i) Park and Plav�round Improvements: NIs. Rhodes described Article 8(i) which proposed funding for improvements to Marvin Park. 9:34 p.m. Following electronic vote tallying, The Moderator declared Article 8(i) Adopted by a vote of: Yes No Abstain 159 0 2 � 9:35 p.m. Article 8(i) Park Improvements =Athletic Fields: 1VIs:Rhodes described improvements to the grass softball field at Lincoln Park; there were no questions from members. Followirig electronie vote tallying, the Moderator declared Article 8(j) Adopted by a vote o£ ' Yes No Abstain � 158 0 2 9:36 p.m. Article 8(k) Park and Play�round ADA Aceessibility Study: Ms. Rliodes described the need�or an ADA Compliance Study of recreation resources. 9:36 p.m. Following electronic vote tallying, the Moderator declared Article 8(k) Adopted by a vote of: Yes No Abstain 157 2 2 9:38 p.m. Article S(1) Park Improvements -Hard Court Surfacin�: Ms. Rhodes ad.dressed Hard Court Surfacing at Sutherland and Marvin Parks. Following electronic vote tallying,the Moderator declared Article 8(1) Adopted by a vote of: Yes No Abstain 159 0 2 9:40 p.m. Article 8(m) I,incoln Park Field Improvements -Phase 3: Ms. Rhodes described improvements to Lincoln Park, explaining CPA-eligible components of the restoration. 9:42 p.m. Janet Kern, Pct. 1, questioned use of CPA funds for turf repl.acement, to which Recreation Director, Karen Simmons, explained CPA funding would not be used for synthetic turf, and referenced additional funding in motion for this purpose. 9:45 p.m. Members asked questions including warranty specifications, presence of bike racks and health effects of"crumb rubber",the infill in the artificial turf. 9:53 p.m. Following electronic vote tallying, the Moderator declared Article 8�m) Adopted by the necessary two-thirds vote of: Yes No Abstain 147 6 5 10:00 p.m. Article 8(n) Minuteman Bikeway Culvert Rehabilitation: Ms. Fenollosa asked to recob ize Town Engineer; John Livsey, for the presentation of a culvert rehabilitation project on the Minuteman Bikeway. 1VIr. Livsey explained an important c�.ilvert was Failing on the Bikeway, requiring attention; the new culvert will be constructed to Army Corps of Engineers specifications. 10:02 p.m. Following electronic vote tallying,the Moderator declared Article 8(n) Adopted by a vote of: Yes No Abstain 152 0 2 10:03 p.m. Article 8(0) Grain Mill Alley Desi�n Funds: Ms. Fenollosa asked to recognize Economic Development Director, Melisa Tintocalis, who described request for additional design funds to create a linear park on private property between two businesses on Massachusetts Avenue. 10:06 p.m. Michael Boudett, Pct. 4, Center Committee, explained ownership of the linear parcel � and agreements sought by the Town. 10:09 p.m. Jill Hai, Chair, Capital Expenditures Committee, reported lack of Committee support, [1-4]. � . 1 G:10 p.m. . Charles Hornig, Chair, Planning Board, reported unanimous support of the Board. 10:11 p.m. Dawn McKenna, Chair, Tourism Committee, reported informa.l vote of suppc,rt of the Committee [5-0-1], contingent upon Board of Selectm.en management. 10:15 p.m. Members questioned improvements to private property,project value, safety of us�rs, public input, liability issues and relationship of project to Center Streetscape Project. 10:32 p.m. Mr. Zabin moved the question. Motion Adopted. _---____------___ ___-- -_____—� -_ _ _.___ ____ __ ___ _____------_----------- 383 Ap�il 6, 201 S Adjourned Session of the 201 S Annual Town Meeting, cont... 10:32 p.m. Following electronic vote tallying, the Moderator declared Articl� 8(0) Adopted by a vote of: Yes No Abstain 108 42 3 10:34 p.m. Article 8(p) Minuteman Bikeway Wavfindin�Si�ns: Ms. Fenollosa asked the Moderator to recognize DPW Director of Operations, David Pinsonneault, who described the project to install wayfaring signs on the Minuteman Bikeway to encourage safety, accessibility, proper etiquette, and to direct users to Center.shops and restaurants. 10:36 p.m. Jill Hai, Chair, Capital Expenditures Coinmittee, reported Committee opposition in a [2-3] vote.due to inconsistencies in signage with neighboring towns. 10:37 p.m. Kenneth Shine, Pct. 2 questioned project costs.. 10:39 p.m. Margaret Enders, Pc.t. 8, Chair, Bicycle Advisory Comm;ttee,urged support, noting that other town.s were waiting to take Lexington's lead on signage. 10:41 p.m. Dawn McKenna, Chair, Tourism Committee, urged support. 10:43 p.m. Following electronic vote tallying, the Moderator declared Article S(p) Adopted by a vote of: Yes No Abstain iO3 19 5 10:44 p.m. Article 8(r) Debt Service and 8(s) Administrative Bud�et: Ms. Fenollosa, Chair of the Community Preservation Committee, presented Articles 8(r) and 8(s), explaining the four debt obligations: (1) Wright Fann Acquisition, (2) Community Center Acquisition, (3) Community Center Renovation, and(4) Cary Memorial Building Renovations. Ms. Fenollosa reviewed the administrative budget, stating funds were used for staffing costs, memberships and modest office expenses. � 10:48 p.m. The Moderator declared the vote for Articles 8(r) and 8(s)would be taken together. Following electronic vote tallying, she declared Articles 8(r) and 8(s)Adopted by a vote of: Yes No Abstain 119 0 2 10:49 p.m. Selectman Joseph Pato moved the meeting be adjourned unti17:30 p.m. Wednesday, April 8, 2015, Donald J. Gilespie, Jr. Auditorium, Lexington High School. Motion Adopted. A true copy. 'Attest: �%�%��cc�_� ,� G�. . . Na halie L. Rice, Towri Clerk Apri18, 2015 Adjourned Session of the 2015 Annu�d''I'own 1bleeting 7:30 p.m. Moderator Deborah Brown called the sixth session of the 2015 Annual Town Meeting to order Wednesday, April 8, 2015, Lexingtori High School, Donald J. Gilespie, Jr. Auditorium; a quorum in excess of 100 members present. 7:27 p.m. Moderator reviewed electronic voting and made announcements. 7:33 p.m. Presented by Selectman Peter Kelley:. A.RTICLE 9: PROPERTY PURCHASE—241 �GROVE STREET MOTIOl�T: That, pursuant to the recommeridation of the Cominunity Preservation Committee, $618,000 be appropriated for the acquisition of the properly at 241 Grove Street,Parcel 1C on Lexington Assessor's Map 91, and,that the L'oard of Selectmen be authorized: (a)to acquire by purchase, on terms that the Board of Selectmen deems to be in the best interest of the Town, to be held in the care, -� custody and control of the Board o.f Selectmen for open space purposes, a parc�l - of land,whi.ch is a portion of 241 Grove Street, and which is a partion of Parcel 1C on Lexi.ngton Assessor's Map 91, approxiinately+/-27,g79 sq�.iare feet in area, outlined in blue on a plan of land entitled"�'Vright Farm; Sket�h of Proposed Lot SpliY'that is on file at the Office of the Town Clerk,to be subsequertly conveyed to the Conservation Commission, and for the Conservation Commiss:on to convey a conservation restriction on the parcel, a.nd(b)to acquire by,purchase, on terms that the Board of Selectmen deems to be in the best interest of the Town,to 3..84 April 8, 201 S Adjourned Session of the 201 S Annual Town Meeting, cont,.. be held in the care, custody and control of the Board of Selectmen for affordable housing purposes, a parcel of land, whieh is a portion of 241 Grove Street, and which is a portion of Parcel 1C on Lexington Assessor's Map 91, approximately+/-15,681 square feet in area, crosshatched in red on a plan of land entitled"Wright Farm: Slcetch of Proposed Lot Split"that is on file at the Office of the Town Clerk,to be subsequently conveyed to LexT-IAB, and for LexHAB to convey an affordable housing restriction_.on the parcel, and to � meet this appropriation $253,027.be appropriated from the Open Space Reserve of the Community Preservation Fund to fund only the purchase under subpart(a) of this motion; $264,428 from the Community Housing Reserve of the Community Preservation Fund to fund only the purchase under subpart(b) ofthis motion; and $100,545 from the Unbudgeted Reserve of the Community Preservation Fund for the acquisition and inciclental costs of said parcel. -------------------- 7:33 p.m. Selectman Kelley described proposed acquisition of the faxmhouse, banl and surrounding acreage. He stated Town would exercise its option to purchase; house would be renovated by LexHAB. � 7:35 p.m. Philip Hamilton, Pct. 7, Chair, Conservation Commission, noted importance of land and its connectivity; stated Commission intention to use barn for programming and storage. 7:44 p.m. In resp.onse to a question from Ephraim Weiss, Pct. 5, Town Counsel, Kevin Batt, explained allowable uses of 1843-era barn under the CPA statute: 7:54 p.m. Members discussed alternate uses of the land, and the property's future should Town not exercise its option. 7:58 p.m. Following electronic vote tallying,the Moderator declared Article 9 Adopted by the necessary two-thirds on a vote of: Yes No Abstain 157 1 2 8:00 p.m. Selectman Joseph Pato moved Article 11 be taken up. Motion Adopted. 8:00 p.m. Presented by Selectman Michelle Ciccolo. ARTICLE 11: APPROPRIATE FOR MUNICIPAL CAPITAL PROJECTS AND EQUIP1VIEl\tT 1l�IOTION: That the following amounts be appropriated for the following capifal improve.ments and that ea�ch amoun.t be raised as indicated: . a) . Center Streetscape Improvements and Easements-Phase I- $2,700,000 for the reconstruction of a portion of Nlassachusetts Averiue, including a traffic signal, sidewalks and lighting, and any incidental costs relative thereto, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land riecessary therefor; and that to meet this appropriation the Treasurer, with the approval of the Board of Selectinen, is authorized to borrow$2,700,000 under M.G.L. Chapter 44, Section 7, or any other enabling authority; b) DPW Equipment-$1,270,000 for the cost of deparhnental equipment for the Department of Public Works and all incidental costs related thereto, and that to meet. this appropriation$40,500 be appropriated from the Water Fund Retained Earnings, $40,500 be appropriated from Wastewater Fund Retained Ezrnings, $100,000 be apprapriated from the General Fund unreserved fund balance, and the Treasurer,with the approval of the Board of Selectmen, is authorized to borrow$1,089,000 under M.G.L. Chapter 44, Section 7(9), or any other enabling authority; c) Starm Drainage Improvements,NPDES Compliance and Easements- $340,000 for constructing and reconstructing storm drains and all incidental costs related thereto, and � �" to take 6y eminent domain, purcfiase or otherwise � acquire any fee, easement or other interest in land necessary therefor; and that to meet this appropriation$225,575 be appropriated fr�m the General Fund unreserved fund balance, $4,513 be voted from.the unexpended proceeds voted under Article 14 of the warrant for the 1996 Annual Town Meeting, $721 be yoted from the unexpended proceeds voted under Article 18A of the warrant for the 2009 Annual Town Meeting, $67 be voted from the unexpended proceeds voted under Article 12A of the warrant for the 2011 Annual Town Meeting, $78 be voted from the unexpended proceeds voted under Article 15B of the warrant for the 2012 Annual Town 1Vleeting, $6,332 __ __---- . --- -r---- ---- __ _----- - - _ _---- -- ----_------_------___ _ _ 385 April 8, 201 S Adjourned Session of the 201 S Annual Town Meeting, cont... be voted from the unexpended proceeds voted under Article 11B of the warrant for the 2012 Annual Town Meeting, $47,687 be voted from the unexpended proceeds voted under Article l 0A of the warrant for the 2013 Annual Town Meetirig,$6,706 be voted from the unexpended proceeds voted under.Article 13B of the warrant for the 2013 Annual Town Meeting, $4,978 be voted from the unexpended proceeds voted under.Article 14M of the w.arrant for the 2013 Annual Town Meeting, and the.Treasurer,with the approval of the Board of Selectmen, is authorized to borrow$43,343 under M.G.L. Chapter 44, Section 7(1), or any other enabling authority; d) Comprehensive Watershed Storm Water Manageinent Study and Implementation and ___ Easements-$390,000 to fund watershed storm management projects 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 therefor; and that to meet this appropriation the Treasurer,with the approval of the Board_of Selectmen,is authorized to borrow$390,000 under M.G.L. Chapter 44, Section 7(1)or any other enabling authority; e) Sidewalk Improvements,Additions, Design and Easements-$600,000 for rebuilding and repaving existing sidewalks and designing and constructing new si�ewalks, including designing a new sidewalk on Pleasant Street and constructing a new sidewalk on portions of Prospect Hill Road where no sidewalk exists, including reconstructing the intersection of Prospect Hill Road and Marrett Road, 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 therefor; and that to meet this appropriation the Treasurer,with the approval of the Board of Selectmen, is authorized to borrow$600,000 under M.G.L. Chapter 44, Section 7(6), or any other enabling authority; fl Townwide Culvert Replacement- $100,000 for the repair and replacement of culverts, 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(1), or any other enabling authority; g) Townwide Signalization Iinprovements-$125,000 for traffic and pedestrian signals, 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(14), i or any other enabling authority; `�-� h) Hartwell Avenue Infrastructure Improvements and Easements-$4,750,000 for designing permitting and constructing improvements to Hartwell Avenue,�including replacing or rehabilitating the Hartwell Avenue bridge crossing at Kiln Brook and upgrading the Maguire Road intersection, and to take by.eminent domain, purchase or otherwise acquire any fee, easement or other interest iri land necessary therefor; and that to meeY this appropriation the Treasurer, with the approval of the Board of Selectmen is authorized to borrow$4,750,000 under M.G.L. Chapter 44, Sectian 7, or any other enabling authority; i) Street Improvements and Easements-$2,270,145 for road reconstruction,repairs and resurfacing by the Departn�ent of Public Works and all incidental costs related thereto, arid to take by eminent domain,purchase ar otherwise acquire any iee, easement or other interest in land necessary therefor, and that to meet this appropriation $2,270,145 be raised in the t�levy, and authorize the Town ta accept and expend any additional funds provided or to be provided by the Commonwealth of Massachusetts through the Massachusetts Department of Transportation; j) Bikeway Bridge Repairs and Engineering-$10,000 for an engineering study to, determine the work needed to repair the Grant Street B.ridge along the bilceway, and that to meet this appropriation$10,000 be appropriated from the General Fund unreserved fund balance; k) Hastings Park Undergrounding Wires—$300,000 for the undergrounding of utility a�vires at Hastings Park, and that to meet this appropriatien $300,000 be appropriated from the General Fund unreserved fund balauce � 1) Hydrant Replacement Program-$150,000 for the replacement of fire hydrants and all � incidental costs related thereto, and that to meet this appxopriation $75,000 be app,ropriated from Water Fund Retained Earnings and$75,000 be appropriated fi�om the General Fund unreserved fund balance; m) Westview Cemetery Building Assessment—$3 5,000 for an assessment of the Cemetery Building to determine whether it,can be renovated and ea�anded or whether a new building is needed, and that to meet this appropriation $35,000 be appropriated from the Cemetery Trust Fund; � n) Replace Townwide Telephone Systems—Phase IV- $52,000 for new tele-phone systems in town and school buildings, and that to meet tl.iis appropriation $52,000 be appropriated from the Genera]Fund unreserved fund balance; o) Municipal Technology Improvement Program—Phase III—$140,000 for additional 386 April 8, 2015 Adjourned Session of the 201 S Annual Town Meeting, cont... disk-based storage, and that to meet this appropriation $140,000 be appropriated from the General Fund unreserved fund balance; p; Police/Fire Dispatching and Records Software—$705,900 for hardware and software for a fully integrated police/fire/dispatch softwai•e system, and any incidental costs relative thereto, and that to meet this appropriation $307,500 be appropriated from the General Fund ttnreserved fund balance, and the Treasurer, with the approval of the Board of Selectmen is authorized to borrow$398,400 under M.G.L. Chapter 44, $ections 7(28) and(29), or any other enabling authority; . q) Parking Meter Replacement-$500,000 for replacing parking ineters with new technology, and that to meet this appropriation.the Treasurer,with the appro��al of the ' Board of Selectmen, is auth.orized to borrow$500,000 under M:G.L. Chapter 44, Section 7, or any other enabling authority; r) Public Safety Radio Stabilization—Phase I—$90,000 for improving reliability and redundancy in the Public Safety Radio System, and that to meet this appropriation $90,000 be appropriated from the General Fund unreserved fund balance; and s) Design/Engineering—Firing Range at Hartwell Avenue Coinpost Site— _ $50,000 for design and engineering related to the relocation, expansion and modernization of the current Lexington Police outdoor firing range at the Hartwell Avem�e facility, and that to meet this appropriation $50,000 be appropriated from the General Fund unreserved fund balance. 8:01 p.m. Article 11(e): Selectman Michelle Ciccolo described annual sidewalk project, stating funding under 11(e) covered the requested appropriation under Citizen Articles 12 and 13. 8:02 p.m. Elizabeth Barnett, Pct. 7, Capital Expenditi.ires Committee, reported support of the Committee. 8:03 p.m. Charles Hornig, Chair, Planning Board, stated Board preference for increased funding. 8:06 p.m. Members questioned berm materials, crosswalks, impacts on road widening, dangers of Prospect Hill Road and adequacy of funding to meet currerit needs. '�'� 8:13 p.m. Judith Crocker, Pct. 5, Chair, Sidewalk Committee, reported support of the Committee. 8:16 p.m. The Moderator recognized members of the public wh.o commented on various aspects of the motion. 8:38 p.m. Maxsha Baker, Pct. 7, called the question. 8:38 p.m. Following electronic vote tallying,the Moderator declared Articl�e 11(e)Adopted by the necessary two-thirds on a vote of: Yes No Abstain 160 0 2 8:40 p.m. Articles 11(b-d,f-i,l-n, r,$): The Moderator declared sections (b-d,f-j,l-p,r,$) of Article 11 to be voted together; Articles 11(lc) and 11(c�to be discussed separately. 8:41 p.m. Till Hai, Chair; Capital Expenditures Committee, reported Committee support, except for 11(k). 8:42 p.m. Glenn Parker, Chair, Appropriation Committee, reported Committee support except for sectiori(k.) 8:42 p:rxi. Charles Hornig, Chair, Planning Board, reported support on section(g j,c� and stated comments to be given on sections (h) and (q). 8:43 p.m. The Moderator confirmed correct motion for section(c). 8:43 p.m. Ms. Ciccolo preserited each section. Ms. McKenna, Pct. 6, Chair of the Tourism Committee, questioned whether monies from section (g), Signalization Improvements,would be used for section (a), signalization of the Woburn Street/Massachusetts Avenue intersection. Ms. " Ciccolo replied in the negative. 8:46 p.m. Town Engineer, John Livsey, addressed Article section(h), answering questions regarding culvert install�tion at Maguire Road and traffic/pedestrian issues related to Hartwell Avenue. 9:06 p.m. Timothy Dunn, Pct. 8, Planning Board, questioned cnrrent schedule of phone installation under Article section (n); Dorinda Goodman, Information Technology Director responded. _ 9:12 p.m. In response to a question regarding Article section (p), Police/Fire Dispatching and Records Coftware,the Moderator recognized Police Mark Chief Corr, who explained research undertaken; Fire Chief, 7ohn Wilson, discussed Fire Department need for integrated software. __ __ � ____ __-- — - _----- _ __ _ _ - _ ------- 387 Ap�il 8, .201 S Adjourned Session of the 2015 Annual Town Meeting, cont... 9:18 p.m. Police Chief, Marlc Corr, presented Article section(s) for design and engineering funds for a Firing Range at the Hartwell Avenue Compost Site. Chief Corr described proposed plan, and answered questions from members regaxding soundpraofing, use limitations, and local impact. 9:36 p.m. Follov,wing electronic voting, the Moderator declared Article 11(b-d,f-i,l-p,r,s ) Adopted by the necessary two-thirds on a vote of: Yes No Abstain 159 0 2 � 9:37 p.m. Articles 11(k): Selectman Michelle Ciccolo presented Article 11(k) regarding the undergrounding of electric lines in Hastings Park, reported Board support of[3-2]. 4�_,.. 9:37 p.m. Elizabeth.Barnett, Pct. 7; Capital Expenditures Committee, reported Comm.ittee opposition [0-5]. 9:37 p:m. Glenn Parker;Chair, Appropriation.Committee, reported Committee opposition in [2-6] vote. _ 9:38 p.m. Dawn McKenna, Chair, Tourism Committee, urged support. 9:39 p.m. Members discussed cost effectiveness, aesthetics and.CPA eligibility. 9:43 p.m. Director of Public Works, William Hadley, addressed questions regarding funding options; members expressed concern project was not fully defiried. 10:02 p.m. Following electronic vote tallying,the Moderator declared Article 11(k)Not Adopted by � vote o£ Yes No Abstain 61 90 4 10:05 p.m. Dawn McKenna, Chair, Tourism Committze,served Notice of'lleconsideration of AYticle II(k). 10:05 p.m. Article 11(q): The Moderator recognized Selectman Michelle Ciccolo who presented Article 11(q) for parking meter upgrades in Lexington Center, reporting unanimous support of the Board. �-^ 10:08 p.m. Ms. Ciccolo asked the Moderator to recognize Melisa Tintocalis, Economic �' Development Director. Ms. Tintocalis described 9-month effort to study parking meter options; � stated cunrent proposal to equip meters for credit cards met Metropolitan Area Planning Council guidelines. 10:19 p.m. Glenn Parker, Chair, Appropriation Committee, reported unanimous support of the Committee. 10:19 p.m. Charles Hornig, Chair, Planning Board, reported unanimous support of the Board. 10:20 p.m. Jill Hai, Chair, Capital Expenditures Committee, stated Committee's need to caucus prior to reporting. ' 10:20 p.m. Kevin Johnson, Pct. 3, questioned return on investment. 10:23 p.m. Police Chief Mark Corr rep.orted on repair costs of current meters. Members discussed cost/benefit, maintenance, impact on Center shopping, and space availability. 10:25 p.rn. Jill Hai, Chair, Capital Expenditures Committee, reported Committee vote of[3-2) in favor; member David Kanter expressed minority view. � 10:52 p.m. Tixnothy Dunn, Pct. 8, Planning Board, explained enforcement would be undertaken by ex'isting staff, but noted it could also be done through hand-held devices. 10:55 p.m. Fhilip Hamilton, Pct. 7, moved the question. Motion Adopted. 10:56 p.m. Selectman Michelle Ciccolo summaxized and urged support. 10:57 p.m. Following electronic vote tallying, the Moderator declared Article 11(q)Not Adopted by a vote of: Yes No Abstain 92 48 3 10:58 p.m. Mr. Pato, Chair of the Board of Selectmen,ses-ved Notice ofReconsic�eratio�z of Article II(q). 10:58 p.m. Selectman Joseph Pato moved the meeting be adjourned until 7:30 p.m. Monday, April 13, 2015, Donald'J. Gilespie, Jr. Auditorium, Lexington High School. Motion Adopted. A true cop_y Attest: �� J��-' Nathalie L. Rice, Town Clerk :;`�� April 1,3,2015 Adjourned Session of the 2015 Annual Town 1Vleeting Moderator Deborah Brown called the seventh session of the 2015 Annual Town Meeting to order at 7;30 p.m., Monday April 13, 2015, Lexington High School, Donald J. Gilespie, Jr. Auditorium; a quorum in excess of 100 members present. 7:33 p.m. The Moderator made arulouncements and reviewed electronic voting. 7:37 p.m. Selectman Joseph Pato reported the Board voted not to reconsider Article 11(a), Center Streetscape Imprc�vements, but would schedule public hearings on the project. Mr. Pato also ' reported that the Board voted to bring forward Article 11(� Parking Meter Replacement, and would �� offer a substitute motion. Moderator Deborah Brown stated that Article 11(c� ��vould be taken up on April. 15, 2015. '—" 7:38 p.m. Selectman Joseph Pato moved Article 47 be taken up. Motion Adopted. 7:39 p.m. Presented by Ephraim Weiss, Pct. 5. ART'ICLE 47: AMEND ZONING BY-LAW—MEDICAL 1VIARIJT.TANA (Citizen Artncle) 1VIOTION: That the Zoning By-Laws of the Town be amended as set forth in the motion which is printed in the Article in the Warrant, and further that non-substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the.Code of the Town of Lexington MOTION FOR ARTICLE 47 per ANNUAL TOWN WARRANT AMEND �ONING BYLAW: MEDICAL MARIJUANA CULTIVATION,PROCESSING AND DISTRIBUTION �ENTERS (12-29-2014) That the Zoning Bylaw, Chapter 135 of the Code of the Town of Lexington, be amended, effective April 1, 2015, as follows: � 1) Delete in Definitions §135-6.10: "Medical Marijuana Treatment Centers". ^� 2)Insert in Definitions §135-6.10 after"Medical, dental, or psychiatric offices"the following definition: Medical Marijuana Cultivation Center(MMCC): A not-for-profit establishmerit,registered as a Registered Marijuana Dispensary(RMD) in accordance with Massachusetts law,that acquires, cultivates, possesses,.transfers, an.d transports:marijuana,products cont�ining marijuana, and related supplies. 3) Insert in Definitions §135-6.10 after"Medical Marijuana Distribution Center"the following definition: Medical 1Vlarijuar�a Processing Center(MMPC): A not-for-profit establishment, registered as a Registered Marijuzna Dispensary(RMD) in accordance with Massachusetts law,that acquires, possesses, processes [including development of related products such as edible marijuana infused products (MIPs), tinctures, aerosols, oils, or ointmen�s],transfers, and transports: marijuana, products containing marijuana, and related supplies, ' 4)Replace in Part N of Ta'ule 1 "Permitted Uses and Development Standards,"�line N:1.03 so that the amended section of Table 1 will no��v a ear as follows: RO RS RT CN CRS CS CB CLO CRO CM N. MANUFACTURING USES � N.1.0 AS PRINCIPAL USE ' N.1.03 Medical Marijuana SP SP SP SP Y Y N Y Y Y Processing Center 5)Insert in Part I of Table 1 "Principle Agricultural and Natural Resource Uses,"after line C.1.06, a new line C.1.07 so that the amended section of Table 1 will now a ear as follows: RO RS RT CN CRS CS CB CLO CRO CM C.PRINCIPAL AGRICULTURAL AND NATURAL RESOURCES USES N.1.0 AS PRINCTPAL USE C.1.07 Medical Marijuana SP SP SP Y Y Y N Y Y Y Cultivation Center 6)Replace in Pai-t I of Tab�e 1 "Permitted Uses and Development Standards," in line I.1.013, so that the , amended ` section of Table 1 will no�v a ear as follows: RO RS RT CN CRS CS CB CLO CRO CM I. SALES OR RENTAL��'GOODS.�ND EQUIPMENT I.1.0 AS PRINCIPAL USE ' :.1.03 Medical Marijuana N N N Y Y N Y N N Y I�astributiori Center _--- ___------------_ _____ _ _ — --_:__ _ =-- -- _ -- __ - — -- ,�£�9 April 13, 201 S Adjourned Session of the 201 S Annual Town Meeting, cont.:. 7:43 p.m. Ephraim Weiss, moved the question ai�d requested tl�e Moderator rzcognize Ethan Handworker, 1� Pine Knoll, citi.zen sponsor of Article 47. Mr. Handworker explained the six sections of the Article, addressing the proposed expansion of cultivation, prr�cessing and distribution of inedical marijuana. 7:49 p.m. Nancy Corcoran-Ronchetti, Pct. 5, Vice.Chair, Planning Board, moved the Report of the Plannirig Board on Article 47 be accepted and placed on file. Unanimously Adopted. Ms. Corcoran-Ronchetti reported the Board divided on the Article, but in unanimous agreement to refer it to the Planning Board. , 7:51 p.m. Selectman Michelle Ciccolo reported unanimous opposition of the Boaxd to Article 47; reported support for referral to the Planning Board. 7:52 p.m. David Kanter, Pct 7,.for the.Capital Expenditures Committee, reported Comrriittee's willingness to refer, but not to support. 7:53 p.m: �Albert Zabin, Pct. 1, noted need for medical marijuana;but stated objection to the proposed motion. 7:55 p.m. Charles Hornig, Chair, Planning Board, moved Article 47 be referred to the Planning Board, stating the matter would be talcen up by the Board when State law or licensing requirements shed new light on the issue.. ?:56 p.in. Ethan Handworker, Article 47 proponent,.urged passage of the Article, not referral. 7:58 p.m. Moderator Deborah Brown explained the motion, stating a positive majority vote would refer it back to.the Planning Board and close further debate. 7:59 p.m. Follo��ving electronic vote tallying,the Moderator declared Article 47 referred to the Plannin��Board by a vote of: Yes No Abstain 124 33 3 8:00 p.m. Selectman Joseph Pato moved Article 42 be taken up. Motion Adopted. 8:00 p.m. Presented by Selectman Joseph Pato. ARTICLE 42: COMMISSION ON DISABILITY REQUEST MOTION: Resolved that to provide a welcoming and comfortable experience for individuals of all abilities, the Town will endeavor at all times to use smooth, safe and � aesthetically appropriate materials when constructing sidewalks and other �._ .. passageways on town-owned walkways. Bricks and other small discrete pavers may be used as decorative edge treatments, but shall always be installed to create � the smoothest surface possible to provide safe passage for citizens who have trouble traversing iineven surfaces. 8:02 p.m. Mr. Pato asked the Moderator to recognize Victoria Buckley, 18 Bates Road, Chair, Disability Commission; who explained that Article 42 addressed "safety first", notirig that current brick and segmented.concrete surfaces can be hazardous for disabled residents and users. She stated proposed motion would seek consistent surfaces for all public pathways. � o��-.t�y, 8:07 p.m. Wendy Manz, Capital Experiditures Committee, reported unanimous��of the Comtnittee. 8:07 p.m. Glenn Parker, Chair, Appropriation Committee, reported unanimous support of the Committee��e.-� i'm��G.Se. I�,�c�� -kG� rnofi��» . I`1�-- 8:07 p.m. Harold Mackay, Council on Aging, reported unanimous support of the Council. 8:08 p.m. Chaxles Hornig, Chair, Planning Board,reported unanimous supporf of the Board. 8:08 p.m. Lynne Hopkins, Chair, Historic Districts Commission, reported support of the Commission. 8:09 p.m. Selectman Joseph Pato reported unanimous support of the Board. $:l 1 p.m. Members discussed policy to change brick sidewalks to textured concrete, debating sidewalk surfaces, treatments and materials. 8:15 p.m. Town Counsel Kevin Batt noted wording of the motion referred only to "smooth and � safe", thus leaving materials undecided. ��- 8:22 p.m. Following electromc vote tallying, the Moderator declared Article 4B Adopted by a vote of: - Xes No Abstain � 149 10 3 8:24 p.m. Dawn McKenna, Pct. 6, stated her intention to bring forward Article 1 I(k) for reconsideration as early as April 15, ZO15. 3�0 Ap�il 13, 2015 Adjourned Session of the 2015 Annual Town Meeting, cont... 8:25 p.m. Selectman Joseph Pato moved to take up Article 43. Motion Adopted. ARTICLE 43: AMEND GENERAI�BYLAWS—DEMOLITION DELAY (Citizen Article) MOTION: That Section 19-3F(3) of Chapter 19 (Buildings, Demolition o fl of the Code of the Town of Lexington be amended by striking the figure "12" and substituting therefor the figure "18" , and further that non-substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town Lexington. 8:25 p.m. Moderator Deborah Brown recused herself from presiding over Article 43 since she � was an owner of a home on the Cultural Resources Inventory. She requested Deputy Moderator � Deborah Strod, Pct. 7,preside over Town Meeting in her absence. Deborah Strod presided and introduced Pam Hoffinan, Pct. 7,to assist her in keeping the time clock. 8:26 p.m. Tina McBride, 45 Turning Mill Road, article sponsor,presented and stated intention to amend the motion from"24"months to "18"months. Moderator Deborah Strod stated amendment was within scope; requested article sponsors and Tovm Meeting members to voice any objections. 8:27 p.m. Janet Kern, Pct. 1, moved the Article 43 as amended. Motion Adopted. 8:30 p.m. Ms. McBride presented, stating 1,800 houses were currently on Cultural Resources Inventory; many at risk of demolition. 8:35 p.m. Selectman Joseph Pato reported [0-5] Board opposition to the motion. 8:37 p.m. Charles Hornig, Chair, Planning Board, reported no Board consensus. 8:38 p.m. Sally Zimmerman, 13 North Street, Historical Commission, reported unanimous Commission support for delay up to 24 months. 8:46 p.m. Peter Enrich, Pct. 4, stated opinion that demolition delay enhances value of homes. 8:48 p.m. Jane Paget, Pct. 6,noted potential hardship of delay on elders. 8:56 p.m. Various homeowners addressed the motion. 9:02 p.m. In response to a question from Colin Hamilton, Pct 1, Ms. Zimmerman addressed research needed to place a house on the Cultural Resources Inventory. 9:13 p.m. Tom Fenn, Pct. 9, questioned recourse if homeowner disagreed with listing. � 9:19 p.m. George Burnell, Pct. 7, opined that HDC acts as judge,jury and appeals court; Town Counsel Kevin Batt, stated Historic Districts Commission decision could be appealed to district `�'+ court, after imposition of delay. 9:31 p.m. Dirk Armstrong, Pct.l, moved the question. Unanimously Adopted. 9:33 p.m. Ms. McBride made closing statement. 9:35 p.m. Following electronic vote tallying,the Moderator declared Article 43 Not Adopted in a vote of: Yes No Abstain 59 96 5 9:37 p.m. Moderator Deborah Brown thanked Deborah Strod; Moderator Brown resumed presiding over Town Meeting. 9:37 p.m. Selectman Joseph Pato moved to take up Article 44. Motion Adopted. 9:37 p.m. Selectman Joseph Pato presented. ARTICLE 44: RESOLUTION ON FOSSIL FUEL DIVESTMENT (Citizen Article) MOTION: That the following resolution be adopted: Resolved: That the Town respond to the challenge of climate change by urging divestment from holdings in coal, oil a�1d natural gas companies. To accomplish this Town Meeting asks those who inanage Lexington's Retirement and Trust Funds: • To assess the Town's fossil fuel exposure; • If deemed financially responsible,to divest over a 5-year period by selling any direct f holdings in the 200 publicly traded coinpanies with the largest carbon reserves; • To notify the managers of mutual funds that Lexington seeks divestment; and further asks the Board of Selectmen to support financially responsible divestment of the Massachusetts Pension Reserve Investment Trust Fund, and send copies of this resolution to our federal and state representatives. 9:37 p.m. Selectman Suzanne Barry reported she would recused herself from discussion and voting on Article 44. 9:38 p.m. Mr. Pato asked the Moderator to recognize Jeanne Krieger, Pct. 3, who asked to have Frances Ludwig, former Lexington School science teacher and member of the Global Warming Action Committee recognized. Ms. Ludwig stated need to decrease dependence on fossil fuels and ----- ---- _ - ----_ _ _ --_ _ _ __ � _ _ _ __- _ _ ___— _--_ -----. __— _ 391 Ap�il 1.�, 2015 Adjourned Session of the 201 S Annual Town Meeting, ccnt... ur�ed divestment; called for (1) assessment of Lexington's retirement fund, (2) divestment if responsible, and (3) investment in mutual funds without ties to fossil fuels. 9:45 p.m. Selectman Michelle Ciccolo reported split vote of the Board [2-2]. 9:47 p.m. Glenn Parker, Chair, Appropriation Committee, spoke to symbolism of divestment, reporting Committee oppbsition [3-6]; Beth Masterman gave minority report, urging s�xpport. 9:55 p.m. Robert Cunha, Pct. l, Retirement Board, addressed statutory responsibility of Board to retirees; stated retirement fund current annual gain. 10:07 p.m. Amy Kaser, 20 Hathaway Road, as an investment manager, stated opinion that divestment can have positive impact and still be profitable. _ 10:10 p.m. Lisa Smith, Pct. 5,League df Women Voters; reported support of tlie League. 10:20 p.m. S. Bijan Afshartous, Pcf. 2, called the question. Motion Adopted. 10:22 p.m. Following electronic vote tallying, the Moderator declared Article 44 Adopted by a vote of: � Yes No Abstain 95 44 6 10:58 p.m. Selectman Joseph Pato moved the meeting be adjourned u.ntil 7:30 p.m., Wednesday, April 15, 2015, Donald J. Gilespie, Jr. Auditorium, Lexington High School. Motion Adopted. A true copy. Attest: ��,s�i`�^ ,��`,��--�- Nathalie L. Rice, Town Clerk April 15,2015 Adjourned Session of the 2015 Annual Towu,Meeting Moderator Deborah Brown called the eighth session of the 2015 Annual Town Meeting to order at 7:.30 p.m., Wednesday,April 15, 2015, Lexington High School, Donald J. Gilespie, Jr. Auditorium; a quorum in excess of 100 members�resent. _ 7:31 p.m. The 1Vloderator recognized Andrew Freidlich, Pct. 5, Chair, Town 1Vleeting Members Association, who recognized Ephraim Weiss, Pct. 5, for his 50-year tenure as a Town Meeting meiriber and James Osten, outgoing Chair of the Town Meeting Members Association, for his service. 7:36 p.m. Selectman Joseph Pato, moved Article 36 be taken up. Motion Adopted. 7:36 p.m. Presented by Selectman Joseph.Pato. ARTICLE 36: AUTHORIZE COMMUNITY ELECTRICAL AGG�GATION P�ZOGRAM MOTION: That the Board of Selectmen hereby are authorized to enter into a Community Choice Electrical Aggregation Program and contract for electric supply for Lexington residents and businesses as per Section 134 of Chapter 164 of the Massachusetts General Laws. 7:37 p.m. Selectman Joseph Pato briefly described Article 36 and asked the Moderator to recognize Mark Sandeen, 10 Brent Road, Chair,Sustainable Lexington Committee. , 7:38 p..m. Mr. Sandeen explained theory of electrical aggregation, Town's ability to accelerate meeting clean energy standards, RFP process, and ability to "opt out". 7:43 p.in. Selectmaii Joseph Pato reported unanimous support of the Board. 7:43 p.m. Glenn Parker, Chair, Appropriation Committee, reported unanimous support of the �ommittee. 7:45 p.m. Members of the public spoke iil support and opposition. 7:53.p�.m. Town 1Vleeting members questioned "opting out" and choosing suppliers. � - 8:02 p:zn. Following electronic vote tallying, The Moderator declared Article 36 Adopted by a vote of: Yes No Abstain � 141 1 6 � � 392 April I5, 201 S Adiourned Session of the 201 S Annual Tvtivn Meeting, cont... 8:02 p.m. Selectman Jaseph Pato moved Article 16 be taken up. Motion Adopted. 8:02 p.m. Presented by William Hurley, School Committee, Pct. 5. ARTICLE 1b: APPROPRIATE FOR SCHOOL CAPITAL PRO�ECTS AND �QiJIPMENT MO'I'ION: That the following amounts be appropriated for the following school capital improvements and that each amount be raised as indicated: a) School Furniture, Equipmentand Systems Program-$317,500 for the purchase of classroom furniture and equipment for systems programs, and that to meet this appropriation $200,000 be appropriated from the General Fund � unreserved fund balance, and the Treasurer,with the approval of the Board of - Selectmen, is authorized to borrow$117,500 under M.G.L. Chapter.44, Section 7(9), or any other enabling authority;. b) School Technology-$1,378,000 for maintaining and upgrading the Lexington Public Schools' technology systems, including new equipment in connection therewith and that to meet this appropriation the Treasurer,with the approval ofthe Board of Selectmen, is authorized to borrow$1,378,000 under M.G.L. Chapter 44, Section 7(28), or any other enabling authority; and c) Additional Time Clock System Funds-$208,000 for additional funds for hardware and software for the installation of a time clock system, and that to meet this appropriation the Treasurer,with the approval of the Board of Selectmen, is authorized to borrow$208,000 under M.G.L. Chapter 4�, Sections 7 (28) and(29). 8:04 p.m. The Moderator recognized 3i11 Hai, Chair, Capital Expenditures Committee, under Article 2. Ms: Hai moved the Report and Errata of the Committee be accepfed and:placed on file. Unanimously Adopted. 8:05 p.m. Willianz Hurley, School Committee, asked the Moderator to recognize Assistant Superintendent for Finance and Operations, Mary Ellen Dunn. Ms. Dunn in turn asked to have K-12 Director of Educational Technologies and Assessment, Thomas Plati, recognized. Mr. Plati explained need for technology upgrades under 16(b); Ms. Dunn addressed furniture and equipment replacement under 16(a) and time clocic system to record employee hours, 16(c). � 8:10 p.m. Selectman Joseph Pato reported unanimous support of the Boaxd. 8:10 p.m. Jill Hai, Chair, Capital Expenditures Committee, reported unanimous support�f the Committee. , 8:11 p.m. Glenn Parker, Chair, Appropriation Committee, reported unaiumous support of the Coinmittee. 8:14 p.m. Members briefly discussed technology innovations at the sehools. 8:16 p.m. John Hayward, Pct. 5, called the question. Motion Adopted. 8:17 p.m. Following electronic vote tallying,the Moderator declared Abpticle 16 Adopted by more than the necessary two-thirds vofe of: Yes No Abstain 148 0 2 8:19 p.m. Selectman Joseph Pato moved Article 18 be taken up. Motion Adopted. 8:19 p.m. Presented by Judith Crocker, Pct. 5, School Committee. ARTICLE 18: APPROPRIATE FOR PUBLIC FACILITES 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) Middle School Space Mining-$674,000 for remodelin�and reconstructing space at - the Clarlce Middle School, including all incidental costs,and that to meet this appropriation the Treasurer,with the approval of the Board of Selectmen, is authorized to borrow$674,000 under M.G.L. Chapter 44, Section 7(3A), or any other enabling authority; b) Clarke Middle School Circulation and Parking Improvements, Design- $363;000 for the cost of engineering and architectural services for.designing circulation and parking improvements around Clarlce Middle School, and that to meet this appropriation the Treasurer,with the approval of the Board of Selectmen, is authorized to borrow$363,000 under M.G.L. Chapter 44, Section 7(22), or any other enabling authority; c} LHS Phase 2 Overcrowding/Completion-$90,200 for remodeling and reconsti-ucting space at Lexington High School, including all incidental costs, and that to meet this appropriation the Treasurer,with the approval of the Board of Selectmen, is authorized to borrow$90,200 under M.G.L. Cliapter 44, Section 7(3A), or any other enabling authority; -_- -__ _ --- __ ___--_ � ____ __ __ _ --- _ __ ___ _- --_ _ ___ _ __-- ------- 393 April I5, 2015 Adjourned Session of the 2015 Annual Town Meeting, cont... d) Public Facilities-Major MechanicaUElectrical Systems' Replacement— $463;000 for replacement of HVAC and electrical systems in public bttildings, and that to meet this appropriation the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow$463,000 under M.G.L. Chapter 44, Section 7(3A), or any other enabling authority; e) Lexington Public School Educational Capacity Increase—Short and Long-Term— That this item be indefinifely postponed. _ _ fl Lexington High School Heating Systems Upgrade—Phase 2 and 3—Design- $150,000 for engineering services to design upgrades for the Lexington High School heating systems, and that.to meet this appropriation the Treasurer,with the approval of --� the Board of.Selectmen, is authorized to bonow$150,000 under M.G.L. Chapter 44, Section 7(21), or any other.enabling authority; g) School Building Envelop.and.Systems—$210,000 for design, coristruction,repair and replacement projects for the maintenance and upgrades of school buildings and systems, and that to meet this appropriation $210,000 be appropriated from the General Fund unreserved fund balance; h) Municipal Building Envelope and Systems-$182,760 for design, construction,repair and replacement projects for the maintenance and upgrades of municipal build�ngs and systems, and that to meet this appropriation $182,760 be raised in the tax levy; i) School Extraordinary Repairs- $335,425 for School Building flooring, interior painting and Diamond Middle Scliool lighting to rear parlcing lot, and that to meet this apprapriation$335,425 be appropriated from the General Fund unreserved fund balance; j) School Paving Program-$150,000 for designing, constructing and maintaining school parking and paved pedestrian surfaces, and that to meet this appropriatiori$150,000 be appropriated from the General Fund unreserved fund balance; k) Public Facilities Bid Documents-$75,000 for professional services to . produce design development, const�-uction documents, and bid administration services for capital projects, and that to meet this appropriation $75,000 be appropriated from the General Fund unreserved fund balance; and : � 1) Security Cameras Upgrade—$38,500 for upgrading the older security system to the newer digital security system, and to meet this appropria.tion$38,500 � � � � be appropriated from the General Fund unreserved fund balance. 8:19 p.m. Ms. Crocker outlined the requested action and reported unanimous Committee support for sections (a-1); reported no position on municipal sections.(d,h). 8:20 p.m. Selectman Joseph Pato stated unanimous support of the Board. 8:23 p.m. Jill Hai, Chair, Capital Expe�ditures Committee, reported unanimous support of the Committee; wished to comment on (b,fl. 8:23 p.m. Glenn Parker, Chair, Approp.riation Committee, reported unanimous support,of the Committee. 8:23 p.m. Ms. Hai commented on 18(b), noting need for safety during parking upgrades at the Clarke Middle School; spoke in support of 18(�, stressing importance of High School maintenance. 8:27 p.m. Foll.owing electronic vote tallying, the Moderator declaxed Article 18 Adopted by more than the necessary two-thirds on a vote of: Yes No Abstain 148 0 3 8:28 p.m. The Moderator recognized Selectman Suzanne Barry who_asked to have William Hadley, Director of DPW, recognized to make an announcement regarding a bridge closure on Grove Street. Mr. Hadley reported on the matter. � -- 8:31 p.m. Presented by Selectman Suzanne Barry. ARTICLE 12: PLEASANT STREET SIDEWALK (Citizen Article) MOTION: That this article be indefinitely postponed. . 8:31 p.m: Following a voice vote, the Moderator declared Article 12 Unanimously Adopted. 8:31 p.m. Presented by Selectman Suzanne Barry. ARTICLE 13: PROSP�CT HILL RO.AD SIDEWALK(Citizen.Article) MOTION; That this article be indefinitely postponed. 8:31 p.m. Following a voice vote, the Moderator declared Art�cle 13 Unanimously Adopted. 394 April 1 S, 2015 Adjourned Se.sszon of the 201 S Annual Town Meeting, cont... 8:32 p.m. The Moderator declared the meeting open on Articles 14 and 15; she explained the articles would be presented and discussed concurrently, and voted separately. 8:32 p.m. Presented by Selectman Suzanne Barry. AR'TICLE 14: APPROPRIATE FOR WATER SYSTEM IMPROVEMENTS MOTION: That the Selectmen are hereby authorized to make distribution systems improvements, including the installation of new water mains and replacement or cleaning and lining of existing water mains and stand pipes,conducting engineering r studies and the purchase and installation of equipment in connection therewith, 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 othervvise acquire any fee, easement or other interest in land necessary therefor;to appropriate $900,000 for such distribution systems improvements and land acquisition; ancl to meet this appropriation $894,845 be appropriated from Water Fund Retained Earnings and $5,155 be voted from the unexpended proceeds voted under Article 13B of the warrant for the 2010 Annual Town Meeting,; 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. ARTICLE 15: APPROPRIATE FOR VVASTEWAT]ER SYSTEM iMPROVEMENTS T�dOTION: That: (a)the Selectmen are hereby authorized to install sanitary sewer mains and sewerage systems and replacements thereof, 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, in accordance with Chapter 504 of the Acts of 1897,as amended,or otherwise, and to take by eminent domain,purchase or otherwise acquire any fee, easement or other interest in land necessary therefor;to appropriate for such installation and land acquisition� the sum of$1,200,000, and to raise such amount the Treasurer with the approVal of the Board of Selectmen is authorized to borrow$1,200,000 under M.G.L. � �—�,, Chapter 44, Section 7(1) or any other enabling authoriTy; and that the Treasurer, l with the approval of the Board of Selectmen, is authorized to borrow all or a I portion of such amount from the Massachusetts WaterResources Authority and in . connection therewith to enter into a loan agreement and/or security agreement; and (b) $600,000 be appropriated for pump station upgrades and all incidental costs related thereto including engineering studies and the purchase of equipment in connection therewith, and to raise such amount$600,000 be appropriated from Wastewater Fund Retained Earnings.. 8:32 p.m. Selectman Suzanne Barry outlined the requested action on Articles 14 and 15; reported unanimous Board support. 8:34 p.m. Jill Hai, Chair, Capital Expenditures Committee, reported Coininittee support for bo�h articles. 8:34 p.m. Glenn Parker, Chair, Appropriation Committee, reported Committee support for both articles. 8:34 p.m. The Moderator called the question on Article 14 and following electronic vote tallying, declared Article 14 Adopted by more than the necessary two-thirds on a vote of: Yes No Abstain 146 0 2 8:36 p.m. The Moderator called the question on Article 15 and following electronic vote tallying, declared Article 15 Adopted by more than the necessary two-thirds on a vote of: Yes No Abstain . � 145 0 2 8:38 p.m. Selectman Joseph Pato moved to take up Article 25. Motion Adopted. 8:38 p.m. Presented by Selectman Nornlan Cohen. ARTICLE 25: RESCIND PRIOR BORROWING AUTHORIZATIONS MOTI01o1: That the unused borrowing authority as set forth below be and is l�ereby rescinded: Article# Town Project Description ProjectManager Amount to be Meetin Rescinded 36 2007 Public Works Facility Permanent Building Comin?ttee and $2,261,871 ATM the Town Manager S � 2010 Land Purchase—Oif Board of Selectmen $1,002,600 ATM Man-ett Road ' _ __----____-- ---__ ____ --- -_ � -- __ ___ _ _ � 395 Ap��il 1 S, 2015 Adjourned Session of the 201 S Annual Town Meeting, cont... 8:38 p.m. Selectman Norman Coh.en explained purpose of Article 25; reported unanimous support of the Board. 8:40 p.m. Jill Hai, Chair, Capital Expenditures Committee, reported unanimous support of the Committee. . 8:40 p.m. Glenn Parker, Chair,Appropriation Committee, reported unanimous support of the Committee. 8:41 p.m. Following a voice vote, the Moderator declared Article 25 Unanimously Adopted. 8:42 p.m. Presented by Selectman Suzanne Barry. _ .a, ARTICL�26: ESTABLISH AND APPROPRIATE�O AND FROM SPECIFIED � STABILIZATION FUNDS MOTION: a) That$215,000 be appropriated from the Capital Projects/Debt ServiceBuilding Renewal Furid to offset debt service for projects excluded:from the limits of Proposition 2 %z; b) That$9,447,832 be appropriated to the Capital Projects/Debt Service ReserveBuilding Renewal Fund, and to meet this appropriation$6,405,035 be appropriated from the General Fund unreserved fund balance, and$3,042,797 be raised in the tax levy; c) That$92,414.93 be appropriated to the Transportation Demand Management/Public Transportatiom Stabilization Fund, and to meet this appropriation$92,414.93 be , transferred from the TDM special revenue account; d) That$1$,174.93 be appropriated to the Tra�c Mitigation Stabilization Fund, and to . meet this appropriation$18,174.93 be h-ansfen•ed from the Tra�c Mitigation special revenue account; and e) That the name of the Capital Projects/Debt ServiceBuilding Renewal Fund be changed to the Capital Stabilization Fund with the purposes of the Fund to remain the same. 8:42 p.m. Selectman Suzanne Barry presented Article 26,reporting unanimous Board support. 8:42 p.m. David Kanter, Capital Expenditures Committee, reported unanimous Committee support for sections (a,b,d and e); no comment:on(c). 8:42 p.m. Glerin Parker, Chair, Appropriation Committee, reported unanimous support of the Committee. 8:42 p.m. Charles Hornig, Chair, Planning Board, reported no Board position on Article 26. 8:44 p.m. Following electronic vote tallying, the Moderator declared Article 26.Adopted by — more than the necessary two-thirds on a vote of: I'es No Abstain 145 0 3 8:46 p.m. Selectman Joseph Pato moveci Article 29 be taken up. Motion Adopted. AR�'ICL� 29: r�PPROPRIATE FOR PR�OR YEA.RS' UNPAID BILLS � MOTION: That this article be indefinitely postponed. 8:46 p.m. Following a voice vote, the Moderator declared Article 29 Unanimously Adopted. 8:47 p.m. Presented by Selectman Joseph Pato. � A.RTICLE 30: AMEND FY2015 OPERATING, ENTEltPRISE AND CPA BUDGETS MOTYON: (a)That the following amounts be appropriated to the following line items for the FY2015 budget as approved under Article 4 of fhe 2014 Annual Town Meeting, and that said amounts be transferred fi•om the following sources: Line Item Program From To 2140 Unemployment insurance $ 200,000 $ 280,000 2160 Property and Liability Insurance $ 776,455 $ 806,455 2400 Facilities $� 9,397,675 $ 9,943,675 and, further that$156,000 be appropriated from the General Fund Unreserved Fund Balance � to finance said amendments. �W-_ (b)That the following amounts be appropriated to the followmg line rtems for the FY2015 budget as approved under Article 5(c) of the 2014 Annual Town Meeting, and that said amounts be transferred from the followin sources: Description From To , . Recreati�an Expenses � $ 1,036,315 $ 1,066,319 and, further that$30,000 be appropriated from the Recreation Er.terprise Fund Retained Earnings to finance said amendnnent. 39� Ap�il I5, 201 S Adjourned Session of the 201 S Annual Town Meeting, cont... (c)That the following amounts be appropriated to the following line items for the FY2015 budget as approved under Article 8(m) of the 2014 Annual Town Meeting, and that said amounts be iransferred from the following sources: Description From To CPA Debt Service $ 1,600,807 $ 2,601,767 and,further that$1,000,960 be appropriated from the Undesignated Fund Balance of the Community Preservation Fund to finance said amendment. 8:47 p.m. The Moderator recognized Town Manager Caxl Valente, who explained the additional appropriation to the FY15 Budget. 8:49 p.m. Selectman Joseph Pato reported unanimous support of the Boaxd. 8:49 p.m. Glenn Parker, Chair, Appropriation Committee, reported unanimous support of the Committee. 8:49 p.m. Jill Hai, Chair, Capital Expenditures Committee, reported unanimous Committee support for section(a) Facilities line 2400, and section(c) CPA Debt Service. 8:49 p.m. Marilyn Fenollosa, Chair, Community Preservation Committee, reported unanimous support of section(c) CPA Debt Service. 8:50 p.m: Members discussed the amendments to the FY15 operating budget. 8:55 p.m. Gerald Paul Pct. 4, moved the question. Motion Adopted. 8:55 p.m. Following electronic vote tallying,the Moderator declared Article 30 Adopted by a vote of: Yes No Abstain 147 0 3 8:56 p.m. Presented by Selectman Joseph Pato. ARTICLE 31: APPROPRIATE FOR AUTHORIZED CAPITAL IMPROVEMENTS MOTION: That this article be indefinitely postponed. 8:56 p.m. Following a voice vote, the Moderator declared Article 31 Unanimously Adopted. 8:57 p.m. Selectman Joseph Pato moved to take up Article 40. Motion Adopted. 8:57 p.m. Presented by Selectman Joseph Pato. ARTICLE 40: AMEND GENERAL BYLAWS-SALE AND USE OF TOBACCO MOTION: That this item be indefinitely postponed. 8:57 p.m. Following a voice vote, the Moderator declared Article 40 Unanimously Adopted. 8:58 p.m. Selectman Suzanne Barry moved to take up Article 46. Motion Adopted. 8:58 p.m. Presented by Selectman Suzanne Barry. ARTICLE 46: ACQUISITION OF LAND SHOWN ON ASSESSORS' PROPERTY MAP 22, LOT S1B MOTION: That the Boaxd of Selectmen be authorized to take by eminent domain or otherwise acquire for municipal purposes any fee, easement or other interest in all or any part of land shown as Lot S 1 B on Assessors' Property Map 22, now of owners unknown. 8:58 p.m. Selectman Suzanne Barry showed locus map of small parcel near Waldorf School; Town Manager Carl Valente discussed proposed acquisition. 8:59 p.m. Jill Hai, Chair, Capital Expenditures Committee, reported unanimous support of the Committee. 8:59 p.m. Glenn Parker, Chair, Appropriation Committee, reported unanimous support of the Committee. 9:00 p.m. Dawn McKenna, Pct. 6, Chair, Tourism Committee, questioned current payments to Town on behalf of School; Mr. Valente responded. 9:00 p.m. Following electronic vote tallying,the Moderator declared Article 46 Adopted by the necessary two-thirds on a vote of: Yes No Abstain 153 0 2 9:02 p.m. Selectman Joseph Pato moved reconsideration of Article 11(q), Parkin�Meter Replacement. ---_ _ -- ___- --------_ ____ _ � _ -----_ 397 April 1 S, 201 S Adjourned Session of the 201 S Annual Town Meeting, cont... ARTICLE 11: 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: q) Parking Meter Replacement- $500,000 for replacing parking meters with new technology, and that to meet this appropriation the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow$500,000 under M.G.L. Chapter 44, Section 7, or any other enabling authority; 9:02 p.m. Selectman Joseph Pato explained Board's proposed substitute motion for a pilot program on 15-20 parking meters for 1-2 months, with subsequent expansion to 1 ZO meters in the central business district; reported unanimous Board support for reco'nsideration. 9:04 p.m. Glen Parker, Chair of the Appropriation Committee, reported unanimous Committee support for reconsidexation. 9:04 p.m. Jill Hai, Chair, Capital Expenditures Committee, reported unanimous Committee support for reconsideration. 9:04 p.m. Charles Hornig, Chair, Planning Board, reported Board support for reconsideration. 9:06 p.m. Dan Fenn, Pct. 3, stated support for reconsideration. 9:08 p.m. Members discussed parking rates, need for a simpler solution, and criteria for pilot program. 9:14 p.m. Dirk Armstrong, Pct. 1, moved the question. Motion Adopted. 9:14 p.m. Following electronic vote tallying, the Moderator declared Motion to Reconsider Article 11(q) Adopted by on a vote of: Yes No Abstain 120 29 4 9:15 p.m. The 1Vloderator declared the meeting open on the substitute motion for Article 11(q). 9:15 p.m. Presented by Selectman Joseph Pato. � ARTICLE 11: APPROPRIATE FOR MiTNICIPAL CAPITAL PROJECTS AND EQUIPMENT _ SUBSTITUTE MOTION: That the following amounts be appropriated for the following capital improve.ments and that each amount be raised as indicated: � Parking Meter Replacement- $125,000 for replacing parking meters with new technology, and that to meet this appropriation$125,000 be appropriated from from the Parking Meter Fund. 9:16 p.m. Selectman Joseph Pato explained the substitute motion for Article 11(q) and showed focus area. 9:18 p.m. Jill Hai, Chair, Capital Expenditures Committee, reported no Committee consensus. 9:18 p.m. Glenn Parker, Chair, Appropriation Committee,reported unanimous support of the Committee. 9:20 p.m. Members discussed number of ineters, annual operating costs, use of kiosks, need for additional enforcement officer(s), reliability,placement, and affordability. 9:28 p.m:. Selectman Joseph Pato stated Article 11(q) would not involve borrowing; revenue to be from Parking Meter Fund. 9:33 p.m. David Kanter, Pct. 7, noted lack of revenue-raising objective, and absence of technology to identify free spaces; urged no vote. 9:41 p.m. Jerold Michelson, Pct. 5, called the question. Motion Adopted. 9:41 p.m. Following electronic vote tallying, the Moderator declared the Substitute Motion for Article 11(q) Adopted by a vote of: Yes No Abstain - 101 51 2 9:43 p.m. Dawn 1VIcKenna, Chair, Tourism Committee, reported intent to move reconsideration of Article 11(k) Hastings Park Underground Wires. 9:43 p.m. Ms. McKenna spoke to reconsideration of Article 11(k), stating if motion for reconsideration was to pass, she would amend appropriation to $100,000,with remainder proposed to be raised privately. ��8 April 1 S, 201 S Adjourned Session of the 201 S Annual Town Meeting, cont... 9:47 p.m. Ms. McKenna moved reconsideration of Article 11(k), Hastin�s Park Under�roundin�Wires. ARTICLE 11: 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: k) Hastings Park Undergrounding Wires—$300,000 for the undergrounding of utiliiy wires at Hastings Park, and that to meet this appropriation $300,000 be appropriated from the General Fund unreserved fund balance 9:47 p.m. Selectman Joseph Pato reported Board considered reconsideration to be appropriate. 9:47 p.m. Jill Hai, Chair, Capital Expenditures Committee, reported Committee opposition to reconsideration. 9:47 p.m. Glenn Parker, Chair, Appropriation Committee, reported Committee opposition to reconsideration [5-3-1]. 9:48.p.m. S. Bijan Afshartous, Pct. 2 questioned amount of electricity carried by the poles in Hastings Park, and whether they had been involved in storm related outages. 9:48 p.m. William Hadley, Director of Public Works,reported no record on the matter. 9:49 p.m. Franklin Smith, Pct. 3, questioned lack of definition and timetable. 9:51 p.m. Ms. McKenna proposed project to be managed by Board of Selectmen. 9:54 p.m. Dirk Armstrong, Pct. l, called the question. Motion Adopted. 9:55 p.m. Following electronic vote tallying,the Moderator declared Motion to Reconsider Article 11(k)Not Adopted by a vote of: Yes No Abstain 69 77 7 9:58 p.m. Selectman Suzanne Barry thanked Town and School staff and volunteers for contributing to a successful Town Meeting. 10:00 p.m. Selectman Joseph Pato moved the 2015 Annual Town Meeting be dissolved. Motion Adopted. A true copy. Attest: ��:.- � e...- Nathalie L. Rice, Town Clerk --------------------------------------------------- Precinct 4 Town Meeting Member Laura J. Hussong, 354 Waltham Street, with a term expiring in March 2016, resigned from Town Meeting effective October 13, 2015. Precinct 4 Town Meeting Member Thomas R. Diaz, 354 Waltham Street, with a term expiring in March 2017, resigned from Town Meeting effective October 16, 2015. At the March 2, 2015 Annual Town Election, three defeated candidates had equal write-in votes of one vote each; one of the three candidates,Nick Santosuosso declined acceptance on October 22, 2015, resulting in two candidates for two seats. Melanie I. Blower, 18 Grapevine Avenue, who received one write in vote as a defeated candidate from Precinct 4 at the March 2, 2015 � Annual Town Election, accepted the position to fill Ms. Hussong's vacancy until March 2016. Ms. Blower's acceptance was filed with the Town Clerk on October 28, 2015. - David C. Kluchman, 1984 Massachusetts Avenue , who received one write-in vote as a defeated candidate for Town Meeting from Precinct 4 at the March 2, 2015 Annual Town Election, accepted the position to fill Mr. Diaz's vacancy until March 2016. Mr. Kluchman's acceptance was filed with the Town Clerk on November 2, 2015. Mr. Diaz's unexpired term will appear on the ballot for the March 2016 Annual Town Meeting. Precinct 7 Town Meeting Member Thomas V. Griffiths, 7 Volunteer Way removed as a resident of Precinct 7 March 31, 2015. Mr. Griffiths' unexpired term (exp. 2017) will appear on the March 2016 Annual Town Election ballot for Precinct 7 Town Meeting. _--__----__ ---- ---- ___ - -- —-- -_ -- --_._ . _ __ _--- _ -----------.,- - - � - -- �-� t' 'i N �n �n 0 �n v� �n in vi in O O O v� 0 �n . p Q �n Q �n �n Q f7 � v G1 a! 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J :J 2 � � , , . . � .. . � . � ' �� November 2,2015 Special Town Meetings November 2,2015 Special Town Meeting#1 Moderator Deborah Brown called the 2015 Special Town Meeting#1 to order at 7:30 p.m., Monday, November 2, 2015, Margery Milne Battin Hall in the Cary Memorial Building, 1605 Massachusetts Avenue; a quorum in excess of 100 members present. Town Clerk,Nathalie L. Rice,read the Warrant for Special Town Meeting#1 until waived. The Town Clerk read the Constable's Return of Service. The Moderator opened Special Town Meeting#1 under Article 1. 7:32 p.m. Joseph Pato, Chair, Board of Selectmen,remarked on the recently renovated Cary Memorial Building and the significant restoration the Margery Milne Battin Hall. He commended those involved for a job well done. 7:38 p.m. Selectman Joseph Pato asked the Moderator to recognize Town Manager, Carl Valente,who introduced Carol Kowalski, recently hired as Assistant Town Manager for Development. 7:39 p.m. Selectman Joseph Pato moved to adjourn Special Town Meeting#1 until December 2, 2015. Unanimously Adopted. November 2,2015 Special Town Meeting#2 Moderator Deborah Brown called the 2015 Special Town Meeting#2 to order at 7:39 p.m., Monday, November 2, 2015, Maxgery Milne Battin Hall in the Cary Memorial Building, 1605 Massachusetts Avenue; a quorum in excess of 100 members present. Town Clerk,Nathalie L. Rice,read the Warrant for the Special Town Meeting#2 until waived. The Town Clerk read the Constable's Return of Service. The Moderator called for a test of the electronic voting system,with the intention of continuing to use the electronic voting devices for the 2015 November Special Town Meetings. The Moderator reviewed a new procedure for returning electronic voting units at the end of the meeting and made general announcements. The Moderator opened Special Town Meeting#2 under Article 1. ARTICLE 1: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES 7:47 p.m. Glenn Parker, Pct. 3, Chair, Appropriation Committee, moved the Report of the Committee and Addendum be received and placed on file. Unanimously Adopted. 7:48 p.m. David Kanter, Pct. 7, Capital Expenditures Committee, moved the Report of the Committee be received and placed on file. Unanimously Adopted. 7:48 p.m. Marilyn Fenollosa, Pct. 5, Chair, Community Preservation Committee moved the Report of the Committee be received and placed on file. Unanimously Adopted. 7:49 p.m. Presented by Selectman Norman Cohen. r ARTICLE 2: AMEND MINUTEMAN REGIONAL AGREEMENT ' MOTION: That the Town accept and approve the "Amendment to Minuteman Regional Agreement regarding the Withdrawal of the Town of Wayland from the Minuteman Regional School District",which Amendment was approved by the Minuteman Regional School Committee on July 7, 2015. 7:49 p.m. Selectman Norman Cohen presented the requested action and reported unanimous opposition of the Board, stating the Board's position that the removal of Wayland from the Minuteman Regional High School consortium of communities would not be in Lexington's interest. �� ___--- - -___ _ _ _-- i __ _ --____ __ _ . __ _ _ _:_ ___ ___ _ ._ 421 November 2, 2015 Special Town Meeting#2 cont... 7:52 p.m. Eric Michelson, Pct. 1, Appropriations Committee,reported opposition of the Committee in a vote of[1-6-2]. 7:57 p.m. Margaret Coppe, Pct. 9, School Committee, reported unanimous opposition of the Committee. 7:58 p.m. The Moderator recognized Dr. Edward Boquillon, Superintendent-Director of the Minuteman Regional High School, who expressed appreciation for the Selectmen's vote of opposition. 7:59 p.m. Jane Pagett, Pct. 6, former member of the Minuteman High School Committee, urged members to vote yes to enable Wayland to leave the consortium. 8:01 p.m. In response to a question from Bonnie Brodner, Pct. 3, Dr. Boquillon explained the _, process for a referendum vote by member communities in order to gain approval for appropriating funds for the proposed renovation of the Minuteman High School. 8:08 p.m. Joel Adler, Pct. 1, noted the increased burden on Lexington taxpayers if Wayland withdrew, and urged support of the Selectmen's position. 8:09 p.m. Following electronic vote tallying,the Moderator declared Article 2 Not Adopted on a vote of: Yes No Abstain 25 129 3 8:11 p.m. Presented by Selectman Suzanne Barry. ARTICLE 3: TRANSFER OF PROPERTY TO LEXHAB MOTION: That the Board of Selectmen be authorized to transfer custody and control of the land known as 34 Lowell Street and further described in the Article to the Lexington Housing Assistance Board, Inc. ("LexHAB") for one dollar and other valuable consideration. 8:11 p.m. Selectman Suzanne Barry presented the requested action and reported unanimous support of the Board. 8:13 p.m. David Kanter, Pct. 7, Capital Expenditures Committee, reported ur�animous support of the Committee. �--, 8:13 p.m. Nancy Corcoran-Ronchetti, Pct. 5, Chair, Planning Board, reported unanimous support of the Board. �.�. 8:13 p.m. Bella Tsvetkova, Pct. 1, questioned whether the 34 Lowell Street properiy would revert to the Town if LexHAB was dissolved. Town Counsel Kevin Batt responded, stating that the property would revert to the Town. 8:18 p.m. Ms. Tsvetkova urged a no vote on Article 3. 8:21 p.m. Pam Hoffman, Pct. 7, questioned whether LexHAB could modify the number of units previously approved for community housing, or change the proposal completely. 8:24 p.m. Selectman Joseph Pato responded in the negative. 8:32 p.m. In response to this question William Kennedy, Chair of LexHAB, replied there would be no modification of the number of units. 8:34 p.m. David Kanter, Pct. 7, moved to close debate; Motion Adopted. 8:36 p.m. Following electronic vote tallying,the Moderator declared Article 3 Adopted by more than the necessary two-thirds on a vote of: Yes No Abstain � 154 � 5 5 8:38 p.m. Presented by Selectman Suzanne Barry. ARTICLE 4: APPROPRIATE FOR WATER SYSTEM IMPROVEMENT MOTION: That the Selectmen are hereby authorized to make water distribution systems improvements, including the installation of new water mains and replacement or cleaning and lining of existing water mains and stand pipes, conducting engineering studies and purchasing and installing of equipment in connection therewith, and to expend 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 $2,500,000 for such distribution systems improvements and land acquisition; and to meet this appropriation $400,000 be appropriated from Water Fund Retained Earnings, and that the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow$2,100,000 under M.G.L. Chapter 44, Section 8 or any other enabling authority, and further the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow all or a portion of such amount 4�2 November 2, 201 S Special Town Meeting#2 cont... from the Massachusetts Water Resources Authority and in connection therewith to enter into a loan agreement and/or security agreement. 8:38 p.m. Selectman Barry presented the requested action. 8:38 p.m. Paul Lapointe, Pct. 2, requested that the remainder of the Warrant Articles in Special Town Meeting#2 be addressed in a Consent Agenda. Town Moderator replied in the negative due to lack of prior notification. 8:40 p.m. Selectman Suzanne Barry reported unanimous support of the Board. 8:41 p.m. Glenn Parker, Pct. 3, Chair, Appropriation Committee, reported unanimous support of � the Committee. 8:41 p.m. David Kanter, Pct. 7, Capital Expenditures Committee, reported unanimous support of the Committee. 8:42 p.m. Sam Silverman, Pct. 5 questioned the remainder of pipe to be replaced after passage of Article 4; Town Engineer, John Livsey, stated 3-4 miles. 8:44 p.m. Following electronic vote tallying,the Moderator declared Article 4 Adopted by more than the necessary two-thirds on a vote of: Yes No Abstain 159 0 1 8:46 p.m. Presented by Selectman Norman Cohen. ARTICLE 5: APPROPRIATE FOR PROPERTY IMPROVEMENTS-241 GROVE STREET MOTION: That the Town appropriate $200,000 to remodel, reconstruct and make extraordinary repairs and related improvements to the existing farm house at 241 Grove Street for community housing purposes, and for other mitigation to the property, and that to meet this appropriation$200,000 be appropriated from the Community Housing Reserve of the Community Preservation Fund. 8:46 p.m. Selectman Cohen presented the requested action and reported the unanimous support of the Board. 8:47 p.m. Marilyn Fenollosa, Pct. 5, Chair, Community Preservation Committee, reported unanimous support of the Committee. `� 8:48 p.m. David Kanter, Pct. 7, Capital Expenditures Committee, reported unanimous support of the Committee. 8:48 p.m. Glenn Parker, Pct. 3, Chair, Appropriation Committee,reported unanimous support of the Comnzittee. 8:48 p.m. Nancy Corcoran-Ronchetti, Pct. 5, Chair, Planning Board, reported unanimous support of the Board. 8:50 p.m. Following electronic vote tallying,the Moderator declared Article 5 Adopted on a vote of: Yes No Abstain 159 0 3 8:51 p.m. Presented by Selectman Peter Kelley. ARTICLE 6: APPROPRIATE FUNDS FOR FIRE STATION SITE STUDY MOTION: That the Town appropriate $20,000 for studying potential sites for a fire station, and that to meet this appropriation$20,000 be raised in the tax levy. 8:52 p.m. Selectman Peter Kelley, presented the requested action, describing the existing situation at the current east Lexington Fire Station and the need to examine alternate sites. He reported unanimous support of the Board. 8:52 p.m. David Kanter, Pct. 7, Capital Expenditures Committee,reported unanimous support of the Committee: 8:53 p.m. Glenn Parker, Pct. 3, Chair, Appropriation Committee, reported unanimous support of the Committee, stating the Committee's request that half of the funding be devoted to the assessment of the current Fire Station site, and half to alternate sites. 8:53 p.m. Following electronic vote tallying, the Moderator declared Article 6 Adopted on a vote of: Yes No Abstain 159 0 1 __---- ----_ ___ -----r --__ .__ ____ _-------- _- - - --- - ---_-------- -- ----------- 423 November 2, 2015 Special Town Meeting#2 cont... 8:54 p.m. Presented by Selectman Joseph Pato. ARTICLE 7: AMEND FY16 OPERATING, ENTERPRISE FUND AND COMMUNITY PRESERVATION BUDGETS MOTION: a) That the following adjustments be made to the following line items of the FY2016 Operating Budget as approved under Article 4 of the 2015 Annual Town Meeting: Line Item Pro ram From To 8330 Public Celebrations Committee $ 42,000 $ 48,000 3100-3500 DPW Expenses $4,985,157 $ 4,995,157 2400 Facilities $9,899,631 $10,078,631 �. 2230 Temporary Borrowing $ 623,135 $ 1,102,743 and, further that said adjustments be financed from an appropriation of$479,608 from the General Fund Unreserved Fund Balance and the remaining amounts be raised in the tax levy. b) That the following adjustment be made to the following lir�e item for the FY2016 Water Division Budget as approved under Article 5(a) of the 2015 Annual Town Meeting: Descri tion From To Debt Service $1,415,508 $1,344,114 and, further that$75,000 be appropriated from Water Fund Retained Earnings to support the FY16 Water Division Budget. c) That the following adjustments be made to the following line items for the FY2016 Wastewater Division Budget as approved under Article 5(b) of the 2015 Annual Town Meeting: � Descri tion From To � Debt Service $ 940,679 $1,060,456 MWRA Assessment $7,041,716 $6,970,176 and, that said adjustments be financed from wastewater rec�ipts. 8:55 p.m. Selectman 3oseph Pato requested the Moderator recognize Town Manager, Carl Valente, who described the three parts of the motion. 8:58 p.m. Glenn Parker, Pct. 3, Chair, Appropriation Committee,reported unanimous support of the Committee. 8:59 p.m. Following electronic vote tallying, the Moderator declared Article 7 Adopted on a vote of: Yes No Abstain 159 0 2 9:00 p.m. Presented by Selectman Michelle Ciccolo. ARTICLE 8: ESTABLISH TO AND FROM SPECIFIED STABILIZATION FUNDS MOTION: That: a) $1,481.44 be appropriated to the Transportation Demand Management Stabilization Fund, and to meet this appropriation $1,481.44 be transferred from the Transportation Demand Management special revenue account; b) $481.45 be appropriated to the Traffic Mitigation Stabilization Fund, and to meet this appropriation $481.45 be transferred from the Traffic Mitigation _ special revenue account; and c) $87,345 be appropriated to the Transportation Management Overlay District Stabilization Fund, and to meet this appropriation$g7,345 be transferred from tlie Transportation Management Overlay District Stabilization Fund special revenue account. 9:01 p.m. Selectman Michelle Ciccolo presented the requested action and reported the unanimous support of the Board. 424 November 2, 201 S Special Town Meeting#2 cont... 9:02 p.m. Glenn Parker, Pct. 3, Chair, Appropriation Committee, reported unanimous support of the Committee. 9:02 p.m. David Kanter, Pct. 7, Capital Expenditures Committee, reported unanimous support of the Committee. 9:02 p.m. Nancy Corcoran-Ronchetti, Pct. 5, Chair, Planning Board, reported unanimous support of the Board. 9:03 p.m. Following electronic vote tallying,the Moderator declared Article 8 Adopted by the necessary two-thirds on a vote of: Yes No Abstain � 158 0 1 9:04 p.m. Presented by Selectman Peter Kelley. ARTICLE 9: APPROPRIATE FOR AUTHORIZED CAPITAL IMPROVEMENTS MOTION: That this article be indefinitely postponed. 9:04 p.m. Selectman Peter Kelley reported unanimous support of the Board. 9:04 p.m. David Kanter, Pct. 7, Capital Expenditures Committee, reported unanimous support of the Committee. 9:04 p.m. Glenn Parker, Pct. 3, Chair, Appropriation Committee,reported unanimous support of the Committee. 9:05 p.m. Following a voice vote, the Moderator declared Article 9 Unanimously Adopted. 9:06 p.m. Presented by Selectman Joseph Pato. ARTICLE 10: APPROPRIATE FOR PRIOR YEARS' UNPAID MOTION: That $15,076.60 be appropriated to pay unpaid bills for services rendered to the Department of Public Works in fiscal year 2015 and that said bills be paid from funds appropriated for fiscal year 2016 from line item 3100-3500 DPW Expenses as approved under Article 4 of the 2015 Annual Town Meeting. 9:06 p.m. Selectman Joseph Pato presented the requested action and reported unanimous support of the Board. 9:06 p.m. Glenn Parker, Pct. 3, Chair, Appropriation Committee, reported unanimous support of the Committee. 9:07 p.m. Following electronic vote tallying, the Moderator declared Article 10 Adopted by the necessary nine-tenths on a vote of: Yes No Abstain 159 0 1 9:09 p.m. Selectman Joseph Pato moved the November 2, 2015 Special Town Meeting#2 be dissolved. Unanimously Adopted. A true copy. Attest: � � � Nathalie L. Rice, Town Clerk RECORD OF ELECTRONIC VOTING FOR SPECIAL TOWN MEETING#2 IS SHOWN IN A COMBINED TABLE AFTER THE MINUTES OF SPECIAL TOWN MEETING#1. __ __ -- _ _. __.. _ _ -- ___ - -- --_ - ----_ ____ ___----____ _____-� --- - __ _ 425 December 2, 2015 Adjourned Session of the 201 S November Special Town Meeting#1 Moderator Deborah Brown called the second session of the November 2015 Special Town Meeting#1 to order at 7:30 p.m., Wednesday, December 2, 2015, Margery Milne Battin Hall in the Cary Memorial Building, 1605 Massachusetts Avenue; a quorum in excess of 100 members present. The Moderator recognized Chairman of the Board of Selectmen, Joseph Pato, who explained that Special Town Meeting#1 would be adjourned to December 7, 2015 to allow article sponsors further time to prepare. 7:31 p.m. Selectman Pato moved to adjourn Special Town Meeting#1 unti17:30 p.m. on Monday, December 7, 2015, Margery Milne Battin Hall in the Cary Memorial Building, 1605 Massachusetts Avenue. Motion Adopted. A true copy. Attest: �. �:. Nathalie . Rice December 7, 2015 Adjourned Session of 2015 November Special Town Meeting#1 Moderator Deborah Brown called the third session of the November 2015 Special Town Meeting#1 to order at 7:30 p.m., Monday, December 7, 2015, Margery Milne Battin Hall in the Cary Memorial Building, 1605 Massachusetts Avenue; a quorum in excess of 100 members present. The Moderator reviewed the use of electronic voting equipment and called for a moment of silence for the passing of former Town Meeting Members John L. Davies and Catherine S. England. The Moderator then recognized the 90th birthday of long time Town Meeting Member Sam Silverman. 7:39 p.m. The Moderator declared the adjourned session of Special Town Meeting#1 open under � Article 1. --� ARTICLE 1: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES 7:39 p.m. Jessie Steigerwald, Pct. 8, Chair, School Committee, moved the Report of the Committee be placed on file. Unanimously Adopted. Ms. Steigerwald asked the Moderator to recognize Superintendent, Dr. Mary Czajkowski, who addressed Town Meeting with reference to Article 2. 7:43 p.m. Dr. Czajkowski asked the Moderator to recognize Patrick Goddard, Director of Facilities. Mr. Goddard presented his report on the School Facilities Capital Projects to be discussed under Article 2. He addressed multiple projects at the Pre-K, Elementary, Middle and High School levels. 8:02 p.m. Glenn Parker, Pct. 3, Chair, Appropriation Committee, moved that the Report of the Committee be placed on file. Unanimously Adopted. 8:02 p.m. Jill Hai, Pct. 4, Chair, Capital Expenditures Committee, moved the Report of the Committee be accepted and placed on file. Unanimously Adopted. 8:03 p.m. The Moderator declared the meeting open under Article 2. 8:04 p.m. Presented by Jessie Steigerwald, Chair, School Committee. ARTICLE 2: APPROPRIATE FOR SCHOOL FACILITIES CAPITAL PROJECTS MOTION: That the Town appropriate $5,386,000 to pay costs of design, engineering and architectural services for plans and specifications for constructing new school ,..�. buildings, and remodeling, constructing additions, and making extraordinary repairs to existing school buildings, including the planning, design,purchase and installation of modular classrooms, and for the payment of all other costs f� incidental or related thereto; that to raise such amount the Treasurer, with the approval of the Board of Selectmen, is author'ized to borrow$5,386,000 under M.G.L., Chapter 44, Section 7 or any other enabling authority; and that the Board of Selectmen and any other appropriate Town officials are authorized to take any other action necessary or convenient to carry out these projects. 426 Decembe� 7, 2015 Adjou�ned Session of the November 201 S Special Town Meeting#1 8:04 p.m. Jessie Steigerwald, Chair, School Committee, reported unanimous support of the Committee. 8:04 p.m. Joseph Pato, Chair, Board of Selectmen, reported unanimous support of the Board and recognized the hard work of all involved. He reviewed the financial impact of Article 2, reporting on the anticipated average tax burden. 8:10 p.m. Glenn Parker, Chair, Appropriation Committee, reported support of the Committee in an [8-0] vote. 8:10 p.m. Jill Hai, Chair, Capital Expenditures Committee, reported the unanimous support of the Committee. 8:12 p.m. Members discussed the tax impact of the potential purchase of the 20 Pelham Road property, and the growth in the school population. 8:17 p.m. Dawn McKenna, Pct. 6, moved the following amendment: MCKENNA AMENDMENT: That the Motion under Article 2 be amended by deleting the words, "including the planning, design, purchase and installation of modular classrooms." 8:18 p.m. Ms. McKenna stated that the intent of her amendment was to prompt a discussion on modular classrooms, which she felt should not be used to address programmatic needs. 8:20 p.m. Margaret Coppe, Pct. 9, School Committee, reported unanimous opposition of the Committee. 8:21 p.m. Selectmen Pato reported unanimous opposition of the Board of Selectmen. 8:23 p.m. Jill Hai, Chair, Capital Expenditures Committee, reported unanimous opposition of the Committee. 8:23 p.m. Glenn Parker, Chair Appropriation Committee, reported opposition of the Committee in a vote of[0-7]. 8:25 p.m. Steven Heinrich, Pct. 3, questioned how remaining funds would be used if modular classrooms were not purchased. 8:25 p.m. Ms. McKenna stated that her amendment would not change the amount of the funding. 8:27 p.m. In response to a question from Mr. Heinrich, Town Counsel, Kevin Batt stated that the amendment left open the question as to whether the appropriation might be used for modular classrooms, since their purchase was not specifically excluded. � 8:28 p.m. Christina Lin, Pct. 4, 2 Eustis Street, spoke in opposition to the amendment. 8:36 p.m. The Moderator called the vote on the amendment. "' 8:37 p.m. Ms. McKenna urged support. 8:39 p.m. Vote on D. McKenna Amendment- Following electronic vote tallying, the Moderator declared the D. McKenna Amendment Not Adopted on a vote of: Yes No Abstain 17 140 3 8:40 p.m. Discussion returned to the main motion. 8:41 p.m. Iang Jeon, Pct. 1, questioned how the Selectmen might reduce other costs to make the school appropriation more affordable. He suggested not raising t�es by 21/2 percent or deferring CPA surcharges. 8:43 p.m. Kevin Batt, Town Counsel, commented on deferring the CPA surcharge. 8:44 p.m. Selectman Pato stated that the Board examines a11 options for budget and tax reduction as part of budget development. 8:47 p.m. Margaret Counts-Klebe, Pct. 6, questioned why mechanical systems upgrades were included in the renovation project. Patrick Goddard, Director of Facilities responded. 8:54 p.m. Mr. Goddard responded to questions regarding cost projections and role of project consultants. 8:55 p.m. Dirk Armstrong, Pct. 1, sought clarification of project costs. Robert Addelson, Assistant Town Manager for Finance, responded. ��, 9:04 p.m. Michael McGuirk, Pct. 2 moved the question. Motion Adopted. 9:05 p.m. Following electronic vote tallying, the Moderator declared Article 2 Adopted by more than the necessary two-thirds on a vote of: � Yes No Abstain 155 4 3 9:07 p.m. Presented by Selectman Suzanne Barry. ARTICLE 3: LAND PURCHASE AND IMPROVEMENTS-20 PELHAM ROAD MOTION: That this article be indefinitely postponed. - ._------------------_ ___-- ------- ---------- --__ _— - __ _ ----- --------_ _ i--__--_--- 427 December 7, 2015 AdjouNned Session of the November 201 S Special Town Meeting#1 9:07 p.m. Selectman Michelle Ciccolo recused herself from discussion and voting on Articles 3 and 4. 9:07 p.m. Selectman Suzanne Barry presented the requested action and reported support of the Board. 9:08 p.m. Jessie Steigerwald, Chair, School Committee, reported unanimous support of the Committee. 9:08 p.m. Jill Hai, Chair, Capital Expenditures Committee, reported unanimous support of the Committee. 9:08 p.m. Glenn Parker, Chair, Appropriation Committee, reported unanimous support of the � Committee. �__ 9:08 p.m. Following a voice vote, the Moderator declared Article 3 Unanimously Adopted. 9:09 p.m. Presented by Selectman Peter Kelley. ARTICLE 4: APPROPRIATE FOR ENGINEERING STUDY—20 PELHAM ROAD MOTION: That the Town appropriate $150,000 for engineering studies and design for access roads and sidewalks connecting Pelham Road, the property at 20 Pelham Road and the Community Center at 39 Marrett Road and Marrett Road and for any improvements that may be necessary on Pelham Road to permit access to 20 Pelham Road, and that to meet this appropriation the Treasurer, with the approval of the Board of Selectmen, is authorized to borrov� $150,000 under M.G.L. Chapter 44, Section 7(22), or any other enabling authority. 9:09 p.m. Selectman Kelley explained that the Board of Selectmen is currently in negotiations for the 20 Pelham Road property and that access from Pelham Road to the Community Center is critical. He stated that in order to meet the timeline of the negotiation, funding is requested for preliminary survey and engineering. 9:10 p.m. William Hurley, Pct. 5, School Committee, reported unanimous support of the Committee. �'�"' 9:10 p.m. Jill Hai, Chair, Capital Expenditures Committee, reported unanimous support of the Committee. 9:11 p.m. Glenn Parker, Chair, Appropnation Committee, reported support of the Committee in a [4-3] vote. 9:1 1p.m. Joel Adler, Pct.l, questioned spending $150,000 with the possibility that the negotiation for the property might fail. 9:12 p.m. Selectman Kelley responded, stating the appropriation would fund a concept plan, estimated at $66,000. 9:14 p.m. Masha Traber, Pct. 5, noted that a previous study of the access from Pelham Road may have been completed by the Scottish Rite Masonic Museum. Selectman Kelley said he would research. 9:17 p.m. Following electronic vote tallying,the Moderator declared Article 4 Adopted by more than the necessary two-thirds on a vote of: Yes No Abstain 143 13 4 9:18 p.m. Selectman Joseph Pato moved the November 2015 Special Town Meeting#1 be dissolved. Motion Adopted. A true copy. Attest: �,�y�.t�- �. �-- athalie L. Rice, Town Clerk RECORD OF ELECTRONIC VOTING FOR SPECIAL TOWN MEETING#1 AND SPECIAL TOWNMEETING#2 ARE SHOWNIN THE FOLLOT�ING COMBINED TABLE ;� Special Town Meeting# 1 and#2 December 7, 2015 November 2, 2015 STM#1-December 7,2015-Article 3- STM STM STM STM STM STM STM ST STM STM STM Indefinitely Postponed by unanimous #1 #1 #1 #2 #2 #2 #2 m #2 #2 #2 vOICe VOte STM#2- Art. Art. Art. Art. Art. Art. Art. #2 Art. Art. Art. November 2, 2015-Article 9-Indefinitely � Z 4 2 3 4 5 Art. 7 8 10 Postponed by unanimous voice vote Amen 6 d First Middle Last Name Pct Name Michael J. Barrett AL '� Deborah J. Brown AL Abs. Abs. Abs. Abs. Abs. Abs. Abs. Abs. Abs. Abs. Abs. Michelle CiCColo AL Yes No No Yes Yes Yes Yes Yes Yes Yes ,,�„ Norman P. Cohen AL Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Suzanne E. Barry AL Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Jay R. Kaufman AL Peter C.J. Kelley AL Yes Yes No Yes Yes Yes Yes Yes Yes Yes loseph N. Pato AL Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Joel A. Adle� 1 Yes No No No Yes Yes Yes Yes Yes Yes Yes NanCy M. Adler 1 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Abstai Difk Armstrong 1 n No No Yes Yes Yes Yes Yes Yes Yes Yes John C. Bartenstein 1 Yes No No No Yes Yes Yes Yes Yes Yes Yes lean W. Cole 1 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Jonathan G. Cole 1 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Robert W. Cunha 1 Yes No Yes Yes Yes Yes Yes Yes Yes Yes Colin R. Hamilton 1 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Brian E. Heffernan 1 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes lang leon Abstai Abst 1 No Yes n No No Yes ain Yes Yes Yes Yes Abstai Janet M. Kern 1 Yes No No No n Yes Yes Yes Yes Yes Yes Hongbin Luo 1 Yes Yes Yes EriC J. MiChelson 1 No Yes Yes Yes Yes Yes Yes Yes Elaine M. AShton 1 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes John F. Ro55i 1 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes `� Barry E. Sampson Abstai � 1 No Yes n Yes Yes Yes Yes Yes Yes Yes Carol J. Sa m pson 1 No Yes No No No Yes Yes Yes Yes Yes Yes Mary Ann Stewart 1 Yes No Yes Bella D. Tsvetkova 1 No No Yes Yes Yes Yes Yes Yes Albert P. Zabin 1 Yes No No No Yes Yes Yes Yes Yes Yes Yes Judith L. Zabin 1 Yes No Yes Yes Yes Yes Yes Yes Yes Yes S.Bijan Afshartous 2 No Abstain No No Yes Yes Yes Yes Yes Yes Yes Abstai Laurel Carpenter Z Yes No Yes n Yes Yes Yes Yes Yes Yes Yes Marian A.O. Cohen 2 Kathryn M ayes Fields 2 No Yes Yes Yes Yes Yes Yes Yes Rita B. Goldberg 2 No Yes Yes Yes Yes Yes Yes Yes Paul H. Lapointe 2 Yes Yes Yes No Yes Petet' B. Lee 2 Yes No No Yes Yes Yes Yes Yes Yes Yes Susan Leigh LOndon 2 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Karen R. Longeteig 2 No Yes Yes Yes Yes Yes Yes Yes Michael McGuirk 2 ves No Yes RiChard L. Neumeier 2 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Barry Orenstein 2 Yes No Yes No Yes Yes Yes MiChael J. O'Sullivan 2 Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Mdrgaret Ouellette 2 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Abstai Ricki PaPPo 2 Yes No Yes n Yes Yes Yes Yes Yes Yes Yes Jason E. BreSsner 2 No Yes Yes Yes Yes Yes Yes Yes �i Kenneth J. Shine Abstai 2 Yes Yes No n Yes Yes Yes Yes Yes Yes Jonathan E. Suber 2 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Jennifer M. Vogelzang 2 Yes No Yes Yes Yes Yes Yes Yes Yes Yes Betsey Weiss 2 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Syed A. Rizvi 2 Yes No No Letha MS Prestbo 3 Yes No Yes Michael J. Schanbacher 3 Yes No ves Bonnie E. Brodner 3 Yes Yes Yes Yes Yes Yes Yes Yes Ddn H. Fenn,1�. 3 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Shirley RauSon Fra wley 3 Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes MiChelle GOddard 3 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Steven P. HeinriCh 3 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes NanCy L. Hubert 3 No Yes Yes Yes Yes Yes Yes Yes __ __. _ _.___.._ -----_--_ _ ____—___--. _-- __ - --- _ __ ___ _ _ ----_ _____— r_____ ��.-� Kevin Johnson 3 Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Kenneth M. Kreutziger 3 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Jeanne K. Krieger 3 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Henry S. Lau 3 Michael J. Martignetti 3 Yes No Yes Beth J Masterman 3 No Yes Yes Yes Yes Yes Yes Yes Sarah J. Nathan 3 Yes No Yes Judith L. Pappo 3 Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Glenn P. Parker 3 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Cynthia PiltCh 3 No Yes Yes Yes Yes Yes Yes Yes Robert Rotberg 3 Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Franklin E. Smith 3 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Margaret B. Storch 3 Yes Yes No Yes Yes Yes Yes Yes Yes Yes Alessandr A. Alessandrini 0 4 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Nyles Nathan Barnert 4 No Yes Yes Yes Yes Yes Yes Yes Abst Gloria J. Bloom 4 Yes No Yes No Yes Yes ain Yes Yes Yes Yes MiChael P. Boudett 4 Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Scott F. Burson 4 Yes No Yes Robert N. Cohen Abstai 4 Yes No No n Yes Yes Yes Yes Yes Kathryn R. Colburn 4 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Melanie I. Blower 4 Yes Abstain Yes No Yes Yes Yes Yes Yes Yes Yes Peter David Enrich 4 Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Jill I. Hai 4 Yes No Yes David C. Kluchman 4 Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Kathleen Lenihan 4 Yes No Yes No Yes Yes Yes Yes Yes Yes Eileen S. Jay 4 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Susan A. McLeish 4 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Paul Miniutti 4 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Molly Harding Nye 4 No Yes Yes Yes Yes Yes Yes Yes Claire B. Sheth 4 Yes No Yes Yes Gerald Paul 4 Yes No No Yes Yes Yes Yes Yes Yes Yes Sandra J. Sha w 4 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes NanCy Ann Shepard 4 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Abstai Ruth S. Tho mas 4 Yes No Yes Yes n Yes Yes Yes Yes Yes Yes David E. Burns 5 Yes Yes Yes Na ncy Co rco ra n- Ronchetti 5 Yes No Yes No Yes Yes Yes Yes Yes Yes Jeffrey J. Crampton 5 Judith A. CroCker 5 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Irene M. Dondley 5 No Yes No Yes Yes Yes Yes Yes Yes Yes Elaine DratCh 5 Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Marilyn M. Fenollosa 5 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Andrew J. FriedliCh 5 Yes No Yes No Yes Yes Yes Yes Yes Yes Anthony G. Galaitsis 5 Yes Yes Yes Yes Yes Yes Yes John Hayward 5 Ginnd Johnson 5 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Saatvik Ahluwalia 5 William J. Hurley 5 Yes No Yes Yes Yes Yes Yes Yes Yes Yes Pamela B. Lyons 5 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Jerold S: MiChelson 5 No Yes Yes Yes Yes Yes Yes Yes Sam Silverman 5 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Lisa L Smith 5 MarC A. Sait?t Louis 5 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes M.Masha Traber 5 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Ephraim Weiss 5 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes David G. Williams 5 Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Suzanne D. Abair 6 Yes , Tho m as S. Brennan 6 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes � Todd J. Cataldo 6 Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Paul Chernick 6 Margaret L. CoUntS-Klebe 6 Yes No Yes No Yes Yes Yes Yes Yes Yes Bebe Fallick 6 Edmund C. Grant 6 Yes No Yes JOnathan A. Him mel 6 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes FrederiC S. Johnson 6 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes MO rton G. Kahan 6 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes David L. KaUfm an 6 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Brian P. Kelley 6 Yes No Yes No Yes Yes Ann M. Kelly 6 Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Trisha P. Kennealy 6 Yes Yes No Yes Yes Yes Yes Yes Dawn E. McKenna 6 Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes ^'�,:`-t.... T� Stephen W. M CKennall 6 Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Jane Pagett 6 Yes No Yes Yes Yes Yes Yes Yes Yes Yes Dinesh Patel 6 Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Edith Sandy 6 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Abstai Frank Sandy 6 Yes No Yes No Yes Yes Yes Yes n Yes Yes DebO�ah $trOd 6 Yes No Yes Yes No Yes Yes Yes Yes Yes Yes MarSha E. Bakef 7 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Elizabeth DeMille Barnett 7 No Yes Philip K. Hamilton 7 Yes No Yes Yes Yes Yes Yes Yes Yes George A. Burnell Abstai 7 n No Yes No Yes Yes Yes Yes Yes Yes Yes � Mdry Burnell 7 Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Pat�icid Elen Costello 7 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes James N/. Courtemanch e 7 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Woodwar Catherine Gill d 7 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Thomas V. Griffiths 7 No Yes Yes Yes Yes Yes Yes Yes Mary C. Hamilton 7 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Pdm Hoffman 7 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes David G. Kanter 7 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Raul Marques- Pascual 7 Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Fred H. Martin 7 Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Joyce A. Miller 7 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Benjamin L. MorOze 7 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Stacey A. Hamilton 7 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Paul J. Rubin 7 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Ravish Ku mar 7 No Yes Yes Yes Yes Yes Yes Yes Thomas J. Wanderer 7 Yes No Yes Yes Yes Yes YQs Yes Yes Yes Yes Geoffrey G. Xiao 7 Robert M. AvallOne 8 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Elizabeth Barrentine 8 Yes Lisa J. Mazerall 8 Yes No Yes Diane M. Biglow 8 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Margaret Bradley 8 f Gang Chen 8 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes TimOthy Y. Dunn 8 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Margaret 5. Enders 8 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Charle5 HOrnig 8 Yes No Yes No Yes Yes Yes Yes Yes Yes David C. Horton 8 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Sanjay Padaki 8 Yes No No No Yes Yes Yes Yes Yes Yes Yes Ingrid H. Klimoff 8 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Alan Mayer Levine 8 Yes No No No Yes Yes Yes Yes Yes Yes Yes Richard A. Michelson 8 No Yes Yes Yes Yes Ja m es A. 05ten 8 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Radulescu- Andrei Banu 8 Yes No No Yes Yes Yes Yes Yes �Yes Yes Yes William A. RibiCh 8 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Je55ie $teigerwald 8 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Shirley H. Stolz 8 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Melinda M. Walker 8 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes WeidOng Wang 8 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Alice J. Adler 9 Abstai Narain D. Bhatia g Yes No n No Yes Yes Yes Yes Yes Yes Yes Victoria Lawrence Blier 9 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Jeanne P. Canale 9 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes RiChard L. Canale 9 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes SCott A. Bokun 9 Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes ,— Rodney Cole 9 No Yes Yes Yes Yes Yes Yes Yes M argaret E. Coppe 9 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Tho ma5 O. Fenn 9 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes M011ie K. Garberg 9 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Mark P.. Maguire 9 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Hank Manz 9 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Wendy Manz 9 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Susan M. Buckley- Kingsbury 9 Yes Yes Yes No No Yes Yes Yes Yes Philip T. JaCkson 9 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Leo P. M CSweeney 9 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Christina M. Murray 9 Janet Perry 9 Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes LiSah $. Rhodes 9 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes _ __----------_------__ _ __ _..__... -------- - ---._._. _ -- -------- _. --.--__. _._- �---- 4�3:y1 Pamela Kumdri Joshi 9 Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Justine A. Wirtanen 9 Yes No Yes Totall=Yes 155 17 143 25 154 159 159 159 159 158 159 Total 2=No 4 140 13 129 5 0 0 0 0 0 0 Total 3=Abstain 2 z 3 2 a 0 2 0 1 0 0 Total Voters 161 159 159 156 163 159 161 159 160 158 159 Precinct 3 Town Meeting Member Michelle Goddard, 3 8 Munroe Road, with a term expiring in March 2017, resigned from Town Meeting effective December 10, 2015. Ms. Goddard's unexpired term (exp. March 2017) will appear on the ballot for the March 2016 Annual Town Election. Precinct 5 Town Meeting Member Saatvik Ahluwalia, 8 Peachtree Road, with a term expiring March 2018, resigned from Town Meeting effective December 21, 2015. Mr. Ahluwalia's unexpired term (exp. March 2018) will appear on the ballot for the March 2016 Annual Town Election. Precinct 2 Town Meeting Member Richard Neumeier, 2 Pitcairn Place, with a term expiring in March, 2018, removed from Precinct 2 to Precinct 5, effective December 30, 2015 and subsequently resigned from Town Meeting effective January 4, 2016. Mr. Neumeier's unexpired term in Precinct 2 will be filled for a period of one year by the candidate deemed eligible in the March 2016 Annual Town Election. Mr.Neumeier's vacated seat was subsequently filled in the March 2016 Annual Town Election for a period of one year by Michael O'Sullivan, 12 Aerial Street, who received 440 votes as a defeated candidate in Precinct 2. Mr. O'Sullivan's acceptance was filed with the Town Clerk on March 14, 2016. 432 February 22, 2016 Special Town Meeting#1, cont... February 2016 Special Town Meetings February 22,2016 Special Town Meeting#1 Moderator Deborah Brown called the 2016 Special Town Meeting#1 to order at 7:30 p.m., Monday, February 22, 2016 in Margery Milne Battin Ha11 in the Cary Memorial Building, 1605 Massachusetts Avenue. A qt.torum in excess of 100 members was present. Special Town Meetings #1 and#2 were initially scheduled for February 8, 2016. Per Notice of the Town Moderator at 3:00 p.m. on February ,- 8, 2016, under MGL Ch. 39, §10A, the meetings were recessed and continued until February 22, 2016 due to inclement weather. Town Clerk,Nathalie L. Rice, read the Warrant for Special Town Meeting#1 until waived. The Town Clerk read the Constable's Return of Service. The Moderator made announcements and called for the testing of the electronic voting units with the intention of using the voting units for the remainder of the 2016 February Special Town Meetings. 7:33 p.m. The Moderator declared Special Town Meeting#1 to be in recess. February 22,2016 Special Town Meeting#2 Moderator Deborah Brown called the Special Town Meeting#2 to order at 7:35 p.m., Monday, February 22, 2016 in Margery Milne Battin Hall in the Cary Memorial Building, 1605 Massachusetts Avenue. The Town Clerk,Nathalie L. Rice, read the Warrant for Special Town Meeting#2 until waived. The Town Clerk read the Constable's Return of Service. 7:35 p.m. Selectmen Joseph Pato moved to adjourn Special Town Meeting#2 until Monday, ' March 21, 2016 at 7:30 p.m. in the Margery Milne Battin Hall in the Cary Memorial Building, 1605 Massachusetts Avenue. Motion Adopted. February 22,2016 Special Town Meeting#1 Moderator Deborah Brown called Special Town Meeting#1 back to order under Article 1. ARTICLE 1: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES 7:37 p.m. Jessie Steigerwald, Pct. 8, Chair, School Committee, moved the Report of the School Committee be received and placed on file. Unanimously Adopted. Ms. Steigerwald asked to have the Moderator recognized Patrick Goddard, Director of Facilities. 7:38 p.m. Mr. Goddard presented an overview of the MSBA process, schedule, costs and appropriation under Article 3, Appropriation for Hastings School Feasibility Study. 7:45 p.m. David Kanter, Pct. 7, Capital Expenditures Committee, moved the Report of the Committee be received and placed on file. Unanimously Adopted. 7:46 p.m. Glenn Parker, Pct. 3, Chair, Appropriation Committee, moved the Report of the Committee be received and placed on file. Unanimously Adopted. 7:47 p.m. Presented by Selectman Joseph Pato. ARTICLE 2: AMENDMENTS TO THE REGIONAL SCHOOL DISTRICT AGREEMENT OF THE MINUTEMAN REGIONAL VOCATIONAL SCHOOL DISTRICT MOTION: That the Town of Lexington, acting consistent with Section VII of the existing "Agreement With Respect to the Establishment of a Technical and Vocational Regional School District" for the Minuteman Regional Vocational School District, accepts the amendments to said Agreement which have been initiated and approved by a vote of the Minuteman Regional School Committee on December 21, 2015 and which have been submitted to the Selectmen as a restated"Regional Agreement"bearing the date of December 21, 2015. - --- ---- --- --- --- ____---- i -- _ ___--- _------- ___ -- --- _ __ _ _ _--- _ -- _ _-- 433 February 22, 2016 Special Town Meeting#1, cont... 7:47 p.m. Mr. Pato asked the Moderator to recognize Mr.David Horton, Pct. 8, Chair, Minuteman Regional High School District Committee. Mr. Horton moved Article 2. He then presented an overview of changes to the Minuteman High School Regional Agreement, and discussed per-pupil costs and capital costs for a new Regional High SchooL 7:56 p.m. Selectman Norman Cohen made a brief statement and reported unanimous support of the Board. 7:58 p.m. Jessie Steigerwald, Pct. 8, Chair, School Committee, reported unanimous support of the Committee. 7:58 p.m. Glenn Parker, Pct. 3, Chair, Appropriation Committee, reported unanimous support of the Committee. 7:58 p.m. David Kanter, Pct. 7, Capital Expenditures Committee, reported unanimous support of the Committee. 7:59 p.m. Steven Heinrich, Pct. 3, questioned whether communities which leave the Minuteman Regional High School consortium and subsequently send students to the school would be responsible for a portion of capital costs for construction of the new High School. Mr. Horton responded. 8:03 p.m. Selectman Joseph Pato read Section 10(b) of the new agreement related to new students or students from communities who have left the Minuteman Regional High School District. 8:05 p.m. Joel Adler, Pct. l, questioned whether passage of Article Z precluded Lexington from leaving the district in the future if desired. Mr. Horton responded that Lexington could only withdraw after a specific process:He stated that the Town would still be liable for the debt incurred for the construction of the new High SchooL 8:07 p.m. With no further discussion,the Moderator called the question. 8:08 p.m. Following electronic vote tallying,the Moderator declared Article 2 Adopted on a vote of: Yes No Abstain 143 3 3 8:08 p.m. Presented by Jessie Steigerwald, Pct. 8, Chair, School Committee. Article 3 APPROPRIATE FOR HASTINGS SCHOOL FEASIBILITY STUDY MOTION: That the Town appropriate $1,500,000 for the purpose of paying costs of a feasibility study relating to the Maria Hastings Elementary School located at 7 _. Crosby Road, in Lexington, Massachusetts, including the payment of all costs incidental or related thereto, and for which the Town may be eligible for a grant from the Massachusetts School Building Authority ("MSBA"), said amount to be expended under the direction of the Permanent Building Committee; that to raise such amount the Treasurer, with the approval of the Selectmen, is authorized to borrow$1,500,000 under and pursuant to M.G.L. Chapter 44, or pursuant to any other enabling authority: The Town acknowledges that the MSBA's grant program is a non-entitlement, discretionary program based on need, as determined by the MSBA, and any costs the Town incurs in excess of any grant approved by and received from the MSBA shall be the sole responsibility of the Town, and that the amount of borrowing authorized pursuant to this vote shall be reduced by any grant amount set forth in the Feasibility Study Agreement that may be executed between the Town and the MSBA. 8:08 p.m. Ms. Steigerwald moved the questions and asked the Moderator to recognize School Committee member, Margaret Coppe, Pct. 9. After brief comments, Ms. Coppe reported unanimous support of the Committee. 8:09 p.m. Selectman Peter Kelley reported unanimous support of the Board of Selectmen. 8:10 p.m. David Kanter, Pct. 7, Capital Expenditures Committee, reported unanimous support of the Committee. 8:11 p.m. Glenn Parker, Pct. 3, Chair, Appropriation Committee,reported unanimous support of the Committee. �� 8:12 p.m. Iang Jeon, Pct. 1, questioned the derivation of the $1.5 million cost for the study, and its contract fees. Patrick Goddard, Director of Facilities responded. 8:15 p.m. Dawn McKenna, Pct. 6 spoke in support of the project. 8:15 p.m. David Kaufman, Pct. 6 inquired whether the new Hastings Schooi would be designed in excess of LEED standards. Mr. Goddard responded. 8:21 p.m. Paul Lapointe, Pct. 2 questioned the "deliverables" for the project. Mr. Goddard responded. 8:22 p.m. With no further discussion, the Moderator called the question. 434 February 22, 2016 Special Town Meeting#1, cont... 8:22 p.m. Following electronic vote tallying, the Moderator declared Article 3 Adopted by the necessary two-thirds on a vote of: Yes No Abstain 144 0 4 Presented by Selectman Suzanne Barry. ARTICLE 4: ESTABLISH, RENAME AND APPROPRIATE TO AND FROM SPECIFIED STABILIZATION FUNDS MOTION: a) That$40,644.52 be appropriated to the Transportation Demand , Management/Public Transportation Stabilization Fund, and to meet this appropriation$40,644.52 be transferred from the TDM special revenue account; and b) That$39,644.50 be appropriated to the Traffic Mitigation Stabilization Fund, and to meet this appropriation$39,644.50 be transferred from the Traffic Mitigation special revenue account. 8:23 p.m. Selectman Barry moved the question and after a brief presentation, reported unanimous support of the Board. 8:25 p.m. Jessie Steigerwald, Pct. 8, Chair, School Committee, reported unanimous support of the Committee. 8:25 p.m. Glenn Parker, Pct. 3, Chair, Appropriation Committee, reported unanimous support of the Committee. 8:25 p.m. David Kanter, Pct. 7, Capital Expenditures Committee, reported unanimous support of the Committee for section(a). 8:25 p.m. With no further discussion, the Moderator called the question. 8:25 p.m. Following electronic vote tallying,the Moderator declared Article 4 Adopted by the necessaxy two-thirds on a vote of: Yes No Abstain 145 1 1 8:27 p.m. Selectman Joseph Pato moved to dissolve the February Special Town Meeting#1. Motion Adopted. A true copy. Attest: � ,�.�� Nathalie L. Rice, Town Clerk --___ ___,___---_ ___---- _ __ ----_ r __ _ ------------- __---__ __ _ __ __ __ _ _-- - 435 February 8,2016-Special Town Meeting #1&#2 February 22,2016 Special Town Meeting#2-Adjourned until STM#1 STM#1 STM#1 March 21,2016 Article 2 Article 3 Article 4 First Name Middle Last Name ' Precinct Michael J. Barrett AL Deborah J. Brown AL Abstain Abstain Abstain Michelle Ciccolo AL Yes Yes Yes Norman P. Cohen AL Yes Yes . Yes Suzanne E. Barry AL Yes Yes Yes Jay R. Kaufman AL � , Peter C.J. Kelley AL Yes Yes Yes Joseph N. Pato AL Yes Yes Yes Joel A. Adler 1 Abstain Yes Yes Nancy Adler 1 Yes Yes Yes Dirk Armstrong 1 Yes Abstain Yes lohn C. Bartenstein 1 Yes Yes Yes lean W. Cole 1 Yes Yes Yes Jonathan G. Cole 1 Yes Yes Yes Robert W. Cunha 1 Yes Yes Yes Colin R. Hamilton 1 Yes Yes Yes Brian E. Heffernan 1 Yes Yes Yes lang Jeon 1 No Abstain Yes Janet M. Kern 1 Yes Yes Yes Hongbin Luo 1 Eric J. Michelson 1 Yes Yes Yes Elaine M. Ashton 1 Yes John F. Rossi 1 Yes Yes Yes Barry E. Sampson 1 No Yes No Carol J. Sampson 1 No Yes Yes Mary Ann Stewart 1 Yes Yes Yes Bella D. Tsvetkova 1 Albert P. Zabin 1 Yes Yes Yes ludith L. Zabin 1 Yes Yes Yes S. Bijan Afshartous 2 Laurel Carpenter 2 Yes Yes Yes Marian A.O. Cohen 2 Kathryn Mayes Fields 2 Yes Yes Yes " Rita B. Goldberg 2 Yes Yes Yes Paul H. Lapointe 2 Yes Yes Yes Peter B. Lee 2 Susan Leigh London 2 Yes Yes Yes Karen R. Longeteig 2 Yes Yes Yes Michael McGuirk 2 Barry Orenstein 2 Yes Yes Yes Michael J. O'Sullivan 2 Margaret Ouellette 2 Yes Yes Yes Ricki Pappo 2 Yes Yes Yes Jason E. Bressner 2 Yes Yes Yes Kenneth J. Shine 2 Yes Abstain Yes Jonathan E. Suber 2 Yes Yes Yes lennifer M. Vogelzang 2 Yes Betsey Weiss 2 Yes Yes Yes Syed A. Rizvi 2 Letha MS Prestbo 3 Yes Yes Yes Michael J. Schanbacher 3 Bonnie E. Brodner 3 Yes Yes Yes Dan H. Fenn 3 Shirley Rauson Frawley 3 Yes Yes Yes Steven P. Heinrich 3 Yes Yes Yes Nancy L. Hubert 3 Yes Yes Yes Kevin Johnson 3 Yes Yes Yes Kenneth M. Kreutziger 3 Yes Yes Yes _ leanne K. Krieger 3 Yes Yes Yes Henry S. Lau 3 Michael J. Martignetti 3 Beth 1. Masterman 3 Yes Yes Yes Sarah J. Nathan 3 Yes Yes Yes Judith L. Pappo 3 Yes Yes Yes Glenn P. Parker 3 Yes Yes Yes Cynthia Piltch 3 Yes Yes Yes Robert Rotberg 3 Yes Yes Yes Franklin E. Smith 3 Yes Yes Yes Margaret B. Storch 3 Yes Yes Yes Alessandro A. Alessandrini 4 Yes Yes Yes 436 February 8,2016-Special Town Meeting #1&#2 February 22,2016 Special Town Meeting#2-Adjourned until STM#1 STM#1 STM#1 March 21,2016 Article 2 Article 3 Article 4 First Name Middle Last Name Precinct Nyles Nathan Barnert 4 Yes Yes Yes Gloria J. Bloom 4 Yes Yes Yes Michael P. Boudett 4 Yes Yes Yes Scott Burson 4 Yes Yes Yes Robert N. Cohen 4 Yes Yes Yes Kathryn R. Colburn 4 Yes Yes Yes Melanie Blower 4 Peter David Enrich 4 Jill I. Hai 4 Yes Yes Yes David C. Kluchman 4 Yes Yes Yes Kathleen M. Lenihan 4 Yes Yes Yes Eileen S. Jay 4 Yes Yes Yes Susan A. McLeish 4 Yes Yes Yes Paul Miniutti 4 Yes Yes Yes Molly Harding Nye 4 Yes Yes Yes Claire B. Sheth 4 Yes Yes Yes Gerald Paul 4 Sandra J. Shaw 4 Yes Yes Yes Nancy Ann Shepard 4 Yes Yes Yes Ruth S. Thomas 4 David E. Burns 5 Nancy Corcoran-Ronchetti 5 Yes Yes Yes Jeffrey J. Crampton 5 ludith A. Crocker 5 Yes Yes Yes Irene M. Dondley 5 Yes Yes Yes Elaine Dratch 5 Yes Yes Yes Marilyn M. Fenollosa 5 Yes Yes Yes Andrew J. Friedlich S Yes Yes Yes Anthony G. Galaitsis 5 Yes Yes Yes John Hayward 5 Ginna Johnson 5 William J. Hurley 5 Yes Yes Yes Pamela B. Lyons 5 Yes Yes Yes Jerold S. Michelson 5 Yes Yes Yes Sam Silverman 5 Yes Yes Yes Lisa L. Smith 5 Marc A. SaintLouis 5 Yes Yes Yes M. Masha Traber 5 Yes Yes Yes Ephraim Weiss 5 David G. Williams 5 Suzanne D. Abair 6 Yes Yes Yes Thomas S. Brennan 6 Yes Yes Yes Todd J. Cataldo 6 Yes Yes Yes Paul J. Chernick 6 Yes Yes Yes Margaret L. Counts-Klebe 6 Yes Yes Yes Bebe Fallick 6 Edmund C. Grant 6 Yes Yes Yes Jonathan A. Himmel 6 Yes Yes Yes Frederic S. Johnson 6 Morton G. Kahan 6 Yes Yes Yes David L. Kaufman 6 Yes Yes Yes Brian P. Kelley 6 Ann M. Kelly 6 Yes Yes Yes Trisha P. Kennealy 6 Yes Yes Yes Dawn E. McKenna 6 Yes Yes Yes Stephen W. McKenna 6 Yes Yes Yes Jane Pagett 6 Yes Yes Yes Dinesh Patel 6 Yes Yes Yes ' Edith Sandy 6 Yes Yes Yes Frank Sandy 6 Yes Yes Yes Deborah Strod 6 Yes Yes Yes Marsha E. Baker 7 Elizabeth DeMille Barnett 7 Philip K. Hamilton 7 Yes Yes Yes George A. Burnell 7 Abstain Yes Yes Mary Burnell 7 Patricia Elen Costello 7 James W. Courtemanche 7 Yes Yes Yes Catherine Woodward Gill 7 Yes Yes Yes Thomas V. Giffiths 7 -- ---_ __-- � ------------_ ___..------ --_- __ --- ------------_ �� . ��7-�� -� t��- �� February 8, 2016-Special Town Meeting #1&#2 February 22,2016 Special Town Meeting#2-Adjourned until STM#1 STM#1 STM#1 March 21,2016 Article 2 Article 3 Article 4 first Name Middle Last Name Precinct Mary C. Hamilton 7 Yes Yes Yes Pam Hoffman 7 Yes Yes Yes David G. Kanter 7 Yes Yes Yes Raul Marques-Pascual 7 Yes Yes Yes Fred H. Martin 7 Yes Yes Yes ---, Joyce A. Miller 7 Yes Yes Yes Benjamin L. Moroze 7 Yes Yes Yes Stacey A. Hamilton 7 Yes Yes Yes --- Paul 1. Rubin 7 Yes Yes Yes Ravish Kumar 7 Yes Yes Yes Thomas 1. Wanderer 7 Geoffrey G. Xiao 7 Robert M. Avallone 8 Yes Yes Yes Elizabeth Barrentine 8 Lisa J. Mazerall 8 Diane M. Biglow 8 Yes Yes Yes . Margaret Bradley 8 Yes Yes Gang Chen 8 Yes Yes Yes Timothy Y. Dunn 8 Yes Yes Yes Margaret S. Enders 8 Yes Yes Yes Charles Hornig 8 Yes Yes Yes David C. Horton 8 Yes Yes Yes Sarijay Padaki 8 Yes Yes Yes Ingrid H. Klimoff 8 Alan Mayer Levine 8 Yes Yes Yes Richard A. Michelson 8 Yes Yes Yes James A. Osten 8 Yes Yes Yes Andrei Radulescu-Banu 8 Yes Yes Yes William A. Ribich 8 Jessie Steigerwald 8 Yes Yes Yes �., Shirley H. Stolz 8 Yes Yes Yes ' Melinda M. Walker 8 Yes Yes Yes IWeidong Wang 8 Yes Yes Yes Alice J. Adler 9 � Narain D. Bhatia 9 Victoria Lawrence Blier 9 Yes Yes Yes Jeanne P. Canale 9 Yes Yes Yes Richard L. Canale 9 Yes Yes Yes Scott A. Bokun 9 Yes Yes Yes Rodney Cole 9 Yes Yes Yes Margaret E. Coppe 9 Yes Yes Yes Thomas O. Fenn 9 Yes Yes Yes Mollie K. Garberg 9 Mark P. Maguire 9 Yes Yes Yes Hank Manz 9 Yes Yes Yes Wendy Manz 9 Yes Yes Yes Susan M. Buckley-Kingsbury 9 Philip T. Jacl<son 9 Yes Yes Yes Leo P. McSweeney 9 Yes Yes Yes Christina M. Murray 9 Yes Yes Yes Janet Perry 9 Yes Yes Yes Lisah S. Rhodes 9 Yes Yes Pamela Kumari Joshi 9 Yes Yes Yes lustine A. Wirtanen 9 Total 1=Yes 143 144 145 � Total 2=No 3 0 1 � i Total 3=Abstain 3 4 1 Total Voters 149 148 147 Pass/Fail Pass Pass Pass 446 (Warrant for State Election—See WARRANT FILE) PRESIDENTIAL PRIMARY-TUESDAY, MARCH 1, 2016 In pursuance of the foregqing warrant the tegal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Tuesday, March 1, 2016 at 7:00 a.m. The following places were designated as the vqting places for the various precincts: Precinct One, School Administration Building; Precinct Two, Bowman School; Precinct Three, Lexington Community Center; Precinct Four, Cary Memprial Building; Precinct Five, School Administration Building; Precinct Six, Cary Memorial Building; Precinct Seven, Estabrook School, Precinct Eight, Samuel Hadley Pu61ic Services Building; Rrecinct Nine, Maria Hastings SchooL The election officers and Wardens of the various precincts were assigned for duty as follows: Precinct 1: Warden: Richard Pemberton [�J]; Clerks: Elaine Quinlan [U]& Richard Spillane[U]; Inspectors: Jqel Adler[U],William Barrett[R],Marion Barry[p],Jeanette Cerulli[D],Patricia Costello[U],Adriana Forte[U], Mary Knight[U], Eileen McAlduff[U], Doris Pemberton [U], Edwina Spillane[UJ,Verna Thayer[U]. Precinct 2: Warden: Rebecca Fagan Gorospe[U]; Clerks: Richard Eaton[U]&Susanne Hays[U]; Inspectors: Ann Antlerson [p], Teresa Battell [D], Thomas Battell [U], Arline Burns [U], Marita Hartshorn [D], Robert Hartshorn[D],Suzanne Hays[U],Claire martin[U],Marko Puskarevic[U], Mary Speicher[D],Mary Ellen Tumer [D], Qorothy Tutko[U]. Precinct 3: Warden: Jody Schott-Marcell [D]; Clerks: Amy Rubin [U] & Mary Burnell[U]; Inspectors:George Burnell [U], Brian Todd [D], Jean Duffy [U], Shirley Frawley [U], William Frawley [D],Sally Lawlor [D],Frances Potter[p], Elaine Torsiello [R], Janet Walker[D], Robert Warshwer[U], Virginia Weinberger[U], Laura Welby ��l• Precinct 4: Warden: Linda Dixon [U]; Clerks: Evangeline Puopolo [U] &Jessie Steigerwald [U]; Inspectors: Beverly Aker[U], Robert Best[D], Jill Brandwein-Fryar[D],Ann Canter[U], Linda Cohen [U], Gloria Curran [U], Brian Todd [p], Marie Roberts[D], Barry Sampson [U), Carol Sampson [U], Eleanor Smith [U]. Precinct 5: Wardens:Josephine Bailey[U]Susan Rockwell[U]; Clerks: Donna M. Keane [U]&Lisa Sandeen [U]; Inspectors: Joanne Andrellos [R], Robe�t Boucher[U], Yang Gao [U], Pamela Marshall [D], Jyoti Rao [D], Lorraine Setterlund [U], Sandra Shaw[D], Ellan Siegel [U], Stephen Tauber[D], Ephraim Weiss[D]. Precinct 6: Warden: Ann Webster; Clerks: Richard Bair [U], Margaret Freeman [U], Diane Sperandio [R]; Inspectors: Robin Allen [D], Carol Daniels [U], Susan Folger [U], Julia Francis [U],Charles Freeman [R], Margaret Freeman[U],Joann Gschwendtner[UJ,Jane Halverson[U],Magdalena Himmel[D], Donald Lund[R], Margaret Quinn [D], Loyde Romero[D], E.Ashley Rooney[U], Francine Stieglitr[d], Thomas Taylor[D]. Precinct 7: Warden: Alice M. Pierce [D]; Clerks: Margaret Bradley [D] &James Wood [Q]; Inspectors: Mable Amar[D], Diane Biglow[U],Suzanne Caton[D],Carol Goldthwait[R], Barbara Mix[R],Simon Prensky[D],Alan Strauss [D],jane Trudeau[D],James Wood [D], Precinct 8: Warden: Chet f'. Webster [U]; Clerks: Julie Sibert [U] & Faith Fenske [U]; Inspectors: Elinor Bettencourt[R], Maureen Burns[U],Gang Chen[U],Ann Diamond[U],Raya Gildor[U],Julie Miller[U],Anthony Montagna[U],Anne 0'Neill [U], Barbara Perotta[U]. Precinct 9: Warden: Shirley Ament-Bergey [D]; Clerks: Margaret Counts-Klebe & Marilyn Fenollosa; Inspectors: Dorothy Bolduc[U],Constance Cooper[D], Harry Farrington[U], Edgar Knudson[U],Janet Lowther [R],Angela Marcucci [U], Jutlith Mello[U],William Riccio[U], Clark Schuler[U],Judith Schuler[U]. The election officers were sworn to the faithful performance of their duties. The polls were declared open in each precinct at seven o'clock A.M. and remained open until eight o'clock P.M., at which time, after due notice, the polls were declared closed. The total number of registered voters in each precinct eligible to vote as of February 10, 2016 is as follows: Registered Voters Precinct 1 2 3 4 5 6 7 8 9 Total TotalReg. 2075 2507 2110 2486 2592 2431 2384 2333 2454 21372 Democrat 827 1015 817 1017 924 886 855 882 853 8076 Republican 170 199 188 205 269 282 224 202 226 1965 Green-Rainbow 1 6 2 2 2 1 2 0 1 17 United Independt. 2 5 3 5 5 4 1 4 10 39 Unenrolled 1072 1280 1096 1255 1390 1256 1299 1241 1359 11248 AllOthers 3 2 4 2 2 2 3 4 5 27 _______r _ —_------- __---------- -----------___ __--- 447 Presidential Primary, Tuesday, March 1, 2016, cont..,. Recap sheets were.delivered to the Tqwn Clerk at the Town Office Building. 58% of the registered voters cast their vote. The Town Clerk canvassed the results: ABSENTEE&PROVISIONAL BALLOTS PCT PCT PCT PCT PCT PCT PCT PCT PCT 1 2 3 4 5 6 7 8 9 Total Registere�,Specially Qualified& UOCAVA Ballots Processed 95 126 113 136 126 141 96 96 91 1020 voted In-Person&Counted 27 43 27 47 44 47 33 30 27 325 Returned&Counted 52 66 69 70 59 67 47 54 53 537 Rejected/Late/Not Returned 16 17 17 19 23 27 16 12 11 158 Federal VVrite-In Received&Counted 0 0 Q 0 0 1 1 1 3 Total Absentee Baliqts 95 126 113 136 126 142 96 97 92 1023 UOCAVA Ballots Processed 3 4 7 6 8 7 5 5 3 48 UQCAVA Ballots Received&Counted 1 3 6 4 4 5 5 4 2 34 Provisional Ballots Processed 0 1 1 2 0 0 0 0 0 4 Provisional Ballots Cast 0 1 1 2 0 0 0 0 0 4 �-___ ___---_------------------ ------- _T.__...-----------_... __._, PRESIDENTIAL PRIMARY-- MARCH 1, 2016 � _ _ __. -___ .._-------- ---- -------------- � PRECINCT SUMMARY PCT 1 PCT 2 PCT 3 PCT 4 PCT 5 PCT 6 PCT 7 PCT 8 PCT 9 TOTAL Total Re istered Voters 2075 2507 2110 2486 2592 2431 2384 2333 2454 21372 TotalVotes 1161 1532 1145 1529 1434 1383 1410 1377 1422 12393 pemperatic 886 1221 907 1148 1010 989 1037 1028 1017 9243 Re ublican 275 305 235 379 423 393 372 348 401 3131 Gre en Rainbow 0 4 1 2 0 1 1 1 1 11 United�I nde endent Pa 0 2 2 0 1 0 0 0 3 8 Total Votes/Re istered Voters 56% 61% 54% 62% 55% 57% 59% 59% 58% 58% !._ ` __..___ �. ---_ _____. _.__ __ �..__ __. _.__.__ ___- ---...__.. .__ ,__. , _ _,__ .__._..I. ._... _:__ .. __..__ , � , � `� " REPUBLICAN PARTY Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 Total Total Reg.Voters 2075 2507 2110 2486 2592 2431 2384 2333 2454 21372 Total Votes 275 305 235 379 423 393 372 348 401 3131 Percent(Total Votes/Total Voters) 13% 12% 11% 15% 16% 16% 16% 15% 16% 15% Total Registered Republican 170 199 188 205 269 282 224 202 226 1965 Percent(Total VoteslTotal Party) 162% 153% 125% 185% 157% 139% 166% 172% 177% 159% Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 Total � PRESIDENTIAL PREFERENCE JIM GILMORE 0 0 0 0 0 0 0 0 0 0 DONALD J.TRUMP 92 79 77 104 156 117 128 107 119 979 TED CRUZ 17 19 15 30 26 17 36 32 34 226 GEORGE PATAKI 0 1 0 0 0 0 0 0 0 1 BEN CARSON 8 7 1 9 13 8 3 11 9 69 MIKE HUCKABEE 0 0 1 0 1 0 1 0 0 3 RAND PAUL 3 1 0 1 2 1 1 3 2 14 CARLY FIORINA 0 0 1 0 1 0 0 0 2 4 RICK SANTORUM 0 0 0 0 1 0 1 1 0 3 CHRIS CHRISTIE 0 2 2 0 2 1 0 0 0 7 MARCO RUBIO 73 76 52 107 90 95 73 85 120 771 JEB BUSH 2 2 2 5 7 5 7 6 8 44 -, JOHN R. KASICH 76 115 78 118 114 143 115 100 103 962 NO PREF 3 1 4 3 7 4 3 3 1 29 BLANKS 0 1 2 1 1 0 4 0 1 10 ALL OTHERS 1 1 0 1 2 2 0 0 2 9 448 PresiClential Primary, Tuesday, March 1, 2016, cont.... STATE COMMITTEE MAN (1,2,4-7) FpURTH MIDDLESEX DISTRICT SCQTT MICHAEL BRINCH 77 92 109 109 101 11p 598 SEAN HARRINGTON 94 84 120 164 139 136 737 BLANKS 100 129 150 149 152 123 803 AL�QTMERS 1 0 0 1 1 3 6 � STATE COMMITTEE WOMAN(1,2,4-7) FOURTM MIDpLESEX DISTRICT HELEN A. HATCH 133 134 188 220 197 195 1067 BLA�JKS 140 171 191 203 195 171 1071 ALL OTHERS 2 0 0 0 1 6 9 STATE COMMITTEE MAN (3,8,9) THIRD MIDDLESEX DISTRICT PETER DULCHINOS 41 77 82 200 JAMES E. pIXON 78 100 122 300 JONTHAN A. GOLNIK 30 46 64 140 S LAN KS 86 125 131 342 ALL OTHERS 0 0 2 2 STATE CqMMITTEE WOMAN(3,8,9) THIRp MIDDLESEX DISTRICT � SANDI MARTINEZ 144 206 253 603 QLANKS 90 139 144 373 ALLOTHERS 1 3 4 8 TOWN COMMITTEE (35) BLANKS 6642 7693 5527 9583 10507 9451 8787 8574 9275 6642 JESSE F. SE�O�IA 89 98 85 111 130 139 128 110 148 1038 SALLY LAWLOR 90 91 89 111 135 133 133 110 144 1036 GEORGE R. HEINE, II 87 86 76 104 131 126 125 104 136 975 MARK S.TRAFICANTE 93 96 88 124 135 138 139 114 155 1082 IANG JEON 104 95 82 110 132 136 127 113 146 1045 ANN H. MILLER 94 97 85 122 140 135 136 113 149 1071 DORRIS P. TRAFICANTE 90 95 79 121 135 137 134 113 153 1057 CAROL A. LOONEY 85 91 85 110 134 130 132 115 148 1030 �ARLA M. ORIFICE 86 89 80 103 123 122 120 106 135 964 .IESUS F.SEGOVIA,SR. 88 88 78 105 123 128 126 108 142 986 ESTELLA V. SEGOVIA 88 88 79 102 122 126 122 106 139 972 ASHLEY GINA ' SEGOVIA 87 89 76 103 120 125 126 103 139 968 JEANNE J. SEGOVIA 86 90 81 104 120 126 121 104 136 968 MISOOK P. SEGOVIA 85 87 80 99 118 124 123 106 136 958 WILLIAM J. BARRETT 99 92 84 117 139 129 132 115 142 1049 JEAN H. BARRETT 95 89 80 114 125 126 134 111 138 1012 CAROLE D. SARIAN 92 89 79 112 123 123 119 102 145 984 HAIG SARIAN 93 88 79 111 120 124 119 104 137 975 DONNA E. CIMINO 88 88 82 111 135 130 128 107 143 1012 LUNANNA ELENA DEVENIS 87 85 77 103 127 123 123 103 134 962 LUANNA�. DEVENIS 86 85 78 109 125 120 124 102 134 963 _____------ - __ ---__ ---. . _ --__ _ _ ----- _--- __ - .. __ - 449 Fresidenfial Primary, Tuesday, March 1, 2016, cont,... f � MARY W. SfNEK 88 90 80 108 128 131 125 109 138 997 MARK R.VITUNIC 87 86 79 115 130 130 124 107 152 1010 CYNTHIA R. KuECHLE 89 93 8Q 114 127 136 125 108 144 1016 JUNp M. HEINE 86 84 78 103 124 120 120 102 135 952 ALAN V. SEFERIAN 103 90 86 111 136 138 125 116 145 1050 CATHERINE G.WHITE 91 98 84 114 134 130 127 110 139 1027 MARY H.JOHNSTON 89 88 80 106 138 137 149 113 143 1043 STEPHEN W. BRAUER 88 87 82 111 128 127 126 109 145 1003 DA�ID A. MOHR 89 90 89 120 140 138 129 110 148 1053 MARTHA DAILEANES- � SEVIGNY 94 90 84 120 136 131 128 114 156 1053 TIMOTMY A. CARLSON 95 89 82 123 142 141 134 113 162 1081 �`"" JAMES S. GALLOWAY 92 98 91 128 142 143 143 121 158 1116 ALL OTHERS 0 3 1 3 1 2 7 5 16 38 DEMOCRATIC PARTY Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 Total Total Reg. Voters 2075 2507 2110 2486 2592 2431 2384 2333 2454 21372 Total Votes 886 1221 907 1148 1010 989 1037 1028 1017 9243 Percent(Total Votes/Total Voters) 43% 49% 43% 46% 39% 41% 43% 44% 41% 43% Total Registered Qemocrats 827 1015 817 1017 924 886 855 882 853 8076 Percent(Total Vqtes/Total Party) 107% 120% 111% 113% 109°/a 112% 121% 117% 119% 114% Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 Total PRESIDENTIAL PREFERENCE BERNIE SANDERS 367 470 271 409 373 334 363 366 378 3331 MARTI N . q'MALLEY 2 1 5 0 3 1 2 2 0 16 HILLARY - CLINTON 509 738 625 726 625 650 667 643 633 5816 ROQUE"ROCKY" DE LA FUENTE 0 1 1 0 1 � 0 0 0 0 3 NO PREF 7 4 1 4 4 3 2 6 2 33 BLANKS 1 3 3 7 2 1 2 9 1 29 ALL OTHERS 0 4 1 2 2 0 1 2 3 15 � STATE COMMITTEE MAN(1,2,4-7) FOURTH MIDDLESEX DISTRICT ROBERT D. PETERS 532 723 700 657 562 645 3819 BLANKS 352 496 445 350 426 387 2456 ALLOTHERS 2 1 1 3 1 5 13 STATE COMMITTEE WOMAN (1,2,4-7) FOURTH MIDDLESEX QISTRICT MELANIE A. �•- THOMPSON 558 742 726 682 582 670 3960 BLANKS 328 477 421 327 404 363 2320 ALL OTHERS 0 1 1 1 3 4 10 450 Presidential Primary, Tuesday, March 1, 2016, cont.... STATE COMMITTEE MA N (3,8,9) THIRD MIDDLESEX DISTRICT RQNALD M. CORDES 530 588 570 1688 BLANKS 373 438 445 1256 A�L OTHERS 4 1 2 7 STATE COMMITTEE WpMAN(3,8,9) TMIRD MIDDLESEX 41STRICT JANET M. BEYER 552 614 602 1768 BLANKS 352 414 414 1180 ALL OTHERS 3 0 1 4 TOWN COMMITTEE (35) BLANKS 18412 25109 18014 22613 19886 20139 20136 20516 21303 186128 JUDITH L. PAPPO 355 520 408 523 447 407 456 436 409 3961 MELINDA M. WALKER 362 496 390 499 440 405 481 475 405 3953 M. LORRAINE WE$T 351 508 377 479 422 395 443 423 382 3780 EILEEN GORDON ZALISK 350 487 384 477 442 413 461 430 398 3842 MABEL AMAR 343 479 373 471 428 397 472 426 386 3775 r GORDON M. JONES, III 339 470 371 476 413 388 432 421 378 3688 MELANIE A. THOMPSON 373 500 386 495 455 404 462 429 394 3898 ROBERT M. . AVALLONE 343 477 368 474 418 397 437 443 382 3739 SARAH L. WARREN 348 489 389 477 438 426 451 430 407 3855 MARGARET B. HEITZ 354 501 400 506 434 401 447 433 405 3881 MERNA L. VICTOR 347 474 373 468 424 ' 401 438 415 383 3723 ROBERT V. KEARNEY 343 476 368 473 416 396 465 423 381 3741 STANLEY N. GRIFFITH 349 504 380 516 431 410 452 434 391 3867 ALAN SILVER 349 489 377 491 422 398 445 428 381 3780 MARGARET E. COPPE 388 566 416 564 501 475 528 505 507 4450 ELISABETH R. HATFIELD 346 486 401 482 425 394 443 425 383 3785 MARC A. SAINT LOUIS 339 475 362 470 424 404 433 416 381 3704 PETER DAVID ENRICH 373 519 398 557 457 430 483 463 421 4101 MARGARET B. STORCH 347 481 392 469 423 393 443 421 392 3761 JUSTINE M. FEDERICI 339 479 369 485 419 399 443 422 423 3778 SARAH J. NATHAN 350 487 393 488 426 395 442 426 402 3809 MICHAEL J. BARRETT 369 497 425 521 438 418 467 525 433 4093 IRENE M. DONDLEY 376 491 374 490 471 405 454 422 393 3876 ELIZABETH B. KLOSS 353 492 380 480 437 400 443 422 390 3797 JEANNE K. KRIEGER 402 577 496 577 488 465 506 490 467 4468 _--_-- ____ �_ -- __---- _ _ --_ __ ___ _ _-__- ----- -- --------__--__- 451 Presidenfial Primary, T�esday, March 1, 2p16, cont.... JQSEPH N. PATO 375 532 393' 529 456 429 476 450 426 4066 JUDITM E MOqRE 356 485 381 495 445 411 469 443 4Q7 3892 RITA B. GQLDBERG 362 540 389 489 443 421 461 432 404 3941 L.EE ZAURIE ZIMMEF2MAN 348 485 375 477 426 409 472 427 400 3819 BONNIE E. BRQ4NER 371 516 394 497 445 413 454 426 404 3920 MICHELL�E CICCOLO 382 516 411 541 456 431 474 452 473 4136 ALESSANDRO A. � , ALESSANDRI�II 416 627 490 649 508 514 542 523 484 4753 � .JAMES M. ` " SMA�/?/ 364 518 394 505 467 417 464 449 424 4002 ROBERT F. ZALISK 339 478 362 468 430 401 447 424 378 3727 PAN LI 363 509 392 509 449 414 472 455 418 3981 GREEN RAINBOW PARTY Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOT. Total Reg. Voters 2075 2507 2110 2486 '2592 2431 2384 2333 2454 21372 Total Votes 0 4 1 2 0 1 1 1 1 11 Percent(Total Votes/Total Voters) 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% Total Registered Green- Rainbow 1 6 2 2 2 1 2 0 1 17 Percent(Total Vqtes/Total Party) 0% 0% 0% 0% 0°/o 0% 0% 0% 0% 65% Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOT. PRESIDENTIAt PREFERENCE SEQINAM KINAMO CMRISTIN MOYOWASKIFZ CURRAY 0 0 0 0 0 Q 0 0 0 0 J I I�L STEIf� 0 4 1 2 0 Q 1 1 1 10 WILLIAM P. KREML 0 0 0 0 0 0 0 0 0 0 KENT MESPLAY 0 0 0 0 0 1 0 0 0 1 pARRYL CHERNEY 0 0 0 0 0 0 0 0 0 0 NO PREF 0 0 0 0 0 0 0 0 0 0 BLANKS 0 0 0 0 0 0 0 0 0 0 ALL OTHERS 0 0 0 0 0 0 0 0 0 0 STATE COMMITTEE MAN(1,2,4-7) � FOIJRTM MIDDLESEX DISTRICT 64ANKS 0 4 1 0 1 1 7 ALL OTHERS 0 0 1 0 0 0 1 STATE COMMITTEE WOMAN (1,2,4-7) FOURTH MIDDLESEX DISTRICT BLANKS 0 4 2 0 1 1 g ALL OTHERS 0 0 0 0 0 0 p STATE COMMITTEE MAN (3,8,9� THIRD MIDDLESEX DISTRICT BLANKS 1 1 1 3 ALL OTHERS 0 0 0 0 '�52 Presidential Primary, Tuesday, March 1, 2016, cont.... STATE COMMITTEE � WOMAN(3,8,9) THIRD MIpDL�SEX DISTRICT � ALLq,OTHERS 0 � 0 0 0 TOWN COMMITTEE (10) BLANK 9 40 10 20 0 10 10 10 10 110 ALL OTMERS 0 0 0 0 0 0 0 0 0 0 ( UNITED INDEPENDENT PARTY Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOT. Total Reg.Voters 2075 2507 2110 2486 2592 2431 2384 2333 2454 21372 Total Votes 0 2 2 0 1 0 0 0 3 8 Percent(Total VoteslTotal Voters) 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% Total Registered United Independent Party 2 5 3 5 5 4 1 4 10 39 Percent(Total yotes�otal Party) 0% 0% 0% � 0% 0% 0% 0% 0% 0% 21% Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOT. PRESIDENTIAL PREFERENCE NQ PREF 0 0 0 0 0 0 0 0 1 1 B�.ANKS 0 Q 0 0 0 0 0 0 1 1 Al,l�OTHERS 0 2 2 0 1 0 0 0 1 6 STATE COMMITTEE MAN (1,2,4-7) FOURTM MIDDLESEX DISI`RICT r BI.ANKS 0 1 0 1 0 0 2 /�LL OTHERS 0 1 0 1 0 p �� 2 STATE COMMITTEE WOMAN(1,2,4-7) FOURTH MIDDLESEX DISTRI�T BLANKS 0 2 0 1 0 0 3 ALL OTHERS 0 0 0 0 0 0 0 STATE COMMITTEE MAN (3,8,9) THIRD MIDDLESEX DISTRICT • BLANKS 2 0 3 5 ALL OTMERS ' 0 �� 0 0 0 STATE COMMITTEE WOMAN (3,8,9) THIRD MIDDLESEX DISTRICT BLANKS 1 0 3 4 ALLOTHERS 1 0 0 1 TOWN COMMITTEE (10) BLANKS 0 19 20 0 10 0 0 0 30 79 ALL OTHERS 0 1 0 0 0 0 0 0 0 1 A true copy. Attest: �� '-�¢�- � Nathalie L. Rice, Town Clerk --- --— --_- - - ----------- --- _.__: ----- - ----_ _ ---- ___— -_---- _ ___- __ _-- _ - -- --_ 453 Town of Lexington —Annual Town Election —March 1, 2016 (SEE WARRANT FILE for Warrant) In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Tuesday, March 1, 2016 at 7:00 a.m. The following places were designated as the voting places for the various precincts: Precinct One, School Administration Building; Precinct Two, Bowman School; Precinct Three, Lexington Community Center; Precinct Four, Cary Memorial Building; Precinct Five, School Administration Building; Precinct Six, Cary __, Memorial Build�ng; Precinct Seven, Estabrook School, Precinct Eight, Samuel Hadley Public Services Building; Precinct Nine, Maria Hastings School. The election officers and Wardens of the various precincts were assigned for duty as follows: � Precinct 1: Warden: Richard Pemberton[U]; Clerks: Elaine Quinlan [U]&Richard Spillane[U]; Inspectors: Joel Adler[U],William Barrett[R], Marion Barry[D],Jeanette Cerulli [D], Patricia Costello [U],Adriana Forte[U], Mary Knight[U], Eileen McAlduff[U], Doris Pemberton [U], Edwina Spillane[U],Vema Thayer[U]. Precinct 2: Warden: Rebecca Fagan Gorospe [U]; Clerks: Richard Eaton [U] & Susanne Hays [U]; Inspectors: Ann Anderson [D], Teresa Battell [D], Thomas Battell [U], Arline Burns [U], Marita Hartshorn [D], Robert Hartshorn [D], Suzanne Hays [U], Claire Martin [U], Marko Puskarevic[U], Mary Speicher[D], Mary Ellen Turner[D], Dorothy Tutko[U]. Precinct 3: Warden: Jody Schott-Marcell [D]; Clerks: Amy Rubin [U] & Mary Bumell[U]; Inspectors:George Burnell [U], Brian Todd [D],Jean Duffy[U],Shirley Frawley[U],William Frawley[D],Sally Lawlor[D],Frances Potter[D], Elaine Torsiello[R],Janet Walker[D], Robert Warshwer[U],Virginia Weinberger[U], Laura Welby[U]. Precinct 4: Warden: Linda Dixon [U]; Clerks: Evangeline Puopolo [U] &Jessie Steigerwald [U]; Inspectors: Beverly Aker[U], Robert Best[D],Jill Brandwein-Fryar[D],Ann Canter[U], Linda Cohen [U], Gloria Curran[U], Brian Todd [D], Marie Roberts [D], Barry Sampson [U], Carol Sampson [U], Eleanor Smith [U]. Precinct 5: Wa�dens: Josephine Bailey [U] Susan Rockwell [U]; Clerks: Donna M. Keane [U] & Lisa Sandeen [U]; �I Inspectors: Joanne Andrellos [RJ, Robert Boucher [U], Yang Gao [U], Pamela Marshall [D], Jyoti Rao [D], Lorraine ��_ Setterlund [U], Sandra Shaw[D], Ellan Siegel [U], Stephen Tauber[D], Ephraim Weiss [D]. Precinct 6: Warden:Ann Webster; Clerks: Richard Bair[U], Margaret Freeman [U], Diane Sperandio[R]; Inspectors: Robin Allen [D], Carol Daniels [U], Susan Folger[U], Julia Francis [U],Charles Freeman [R], Margaret Freeman [U], Joann Gschwendtner[U], Jane Halverson [U], Magdalena Himmel [D], Donald Lund [R], Margaret Quinn [D], Loyde Romero[D], E.Ashley Rooney[U], Francine Stieglitz[d], Thomas Taylor[D]. Precinct 7: Warden: Alice M. Pierce [D]; Clerks: Margaret Bradley [D] &James Wood [D]; Inspectors: Mable Amar [D], Diane Biglow[U], Suzanne Caton[D], Carol Goltlthwait[R], Barbara Mix[R], Simon Prensky[D],Alan Strauss[D], jane Trudeau [D],James Wood [D], Precinct 8: Warden: Chet P. Webster[U]; Clerks: Julie Sibert[U] & Faith Fenske [U]; Inspectors: Elinor Bettencourt [R], Maureen Burns [U], Gang Chen [U], Ann Diamond [U], Raya Gildor[U], Julie Miller[U], Anthony Montagna [U], Anne 0'Neill [U], Barbara Perotta[U]. Precinct 9: Warden: Shirley Ament-Bergey [D]; Clerks: Margaret Counts-Klebe & Marilyn Fenollosa; Inspectors: Dorothy Bolduc [U], Constance Cooper [D], Harry Farrington [U], Edgar Knudson [U], Janet Lowther [R], Angela Marcucci [U],Judith Mello[U],William Riccio[U], Clark Schuler[U], Judith Schuler[U]. The election officers were sworn to the faithful performance of their duties. The polls were declared open in each precinct at seven o'clock A.M. and remained open until eight o'clock P.M., at which time, after due �— notice, declared closed. �._ Election results were delivered to the Town Clerk at the Town Office Building. 52% of the registered voters cast their vote. The Town Clerk tallied the results as follows: Total of 21,372 re istered voters eli ible to vote as of Februa 10, 2016. Precinct 1 2 3 4 5 6 7 8 9 Total TotalReg. 2075 2507 2110 2486 2592 2431 2384 2333 2454 21372 Democrat 827 1015 817 1017 924 886 855 882 853 8076 Republican 170 199 188 205 269 282 224 202 226 1965 Green-Rainbow 1 6 2 2 2 1 2 0 1 17 United Independt. 2 5 3 5 5 4 1 4 10 39 Unenrolled 1072 1280 1096 1255 1390 1256 1299 1241 1359 11248 AllOthers 3 2 4 2 2 2 3 4 5 27 454 Annual Town Election-Tuesday, March 1, 2016, cont... ABSENTEE BALLOT BREAKDOWN __.___. __ --- Total Bailots Not�mm P� i Applictions Processed Ballots ' Returned/ In Person Mail ' Returned/ Late/Undeliverable/ =m � __.-��,m �,�,.--_ � Counted � � Rejected�� 1 � 42 -- —98 ---- ---�� ---36----- ___�_ ____ __-- ----- --- ---__ � --- . ____ . ____.�._. 2 72 130 68 52 3ew_ _._32_ _._� .131_.._._ ,___.-74 _ , _�.__ 58 _______.._._..__.__ _____._____.�__.�_____.__ .,________..�__._ __----------- 4 62 122 80 41 _.___._____..�_____.__�__.---__�, ______..___ __ _��_.�_____� .------- 5 62 114 82 32 _-----_ —�- --- ---_ _ ..___ __.� .�_-----. ._.__....___- 6 74 111 74 ' 33 ---_._------ , -._- -------- , --__- . ----- - - --- _____ . . _.____ _.. 7 46 86 60 26 ---__ ___.__..__, --_.�— _--- --___ � ---� �.._.______ 8 48 81 50 ' 29 _ _�.� �__ _.—�.— �_� _�_� ._._. __..___..._______. 9 34 82 40 ' 38 Totals! 472 955 589 ' 345 TOWNWIDE OFFICES _ _ __ __ __ _ __ . Official Results ANNUAL TOWN ELECTION MARCH 1, 2016 � ' ;,PCT 1 PCT 2 PCT 3'PCT 4 i PCT 5'PCT 6 PCT 7 PCT 8 PCT 9 TOTAL �TOTAL VOTERS � 2075� 2507�- 2110� 2486', 2592; 2431`� 2384�� 2333�� 2454��21372 ; !Total VotesV�� _ �m��mm� �-��946 1279; 1057 Y 1427:� 1314 1278, 1350 1271 1227 11149 _.. , __ _ _..... , _ __ .__.. _ _, ' PerCetlt ; 46%' 51%'. 50%' 57% 51%.' 53%'' 57%'i 54%': 50%I 52% ' ' !PCT 1`PCT 2�PCT 3�;PCT 4:PCT 5'PCT 6� PCT 7 'PCT 8�'PCT 9 TOTAL�: SELECTMAN �vote NOTmorecnar,luvo� Blanks !: 790 1030 932! 1163` 1113 1050: 1128 1037" 1034' 9277 ' i SUZAN N E E. BARRY��_�� ;��618� 794� 657��928��826'� 821 ��-890 � 836�� 799� 7169 � _. _ _ . __ _ __ __ _ _.. _. __ JOSEPH N. PATO 472 721; 525' 747: 679 675 670 663' 615 5767 �_ ' All Others____ _ __.___.—_ ____12'� 13 ____1.___16___1 O .____10. _ .___12______6 __._._6 __.8�_._, , 'MODERATOR(vocerorNormoretna�oNe);: ' ' Blanks i 326 465 398' 494 467' 453: 462 454 426 3945 ; __. -----.� _.____. __.__ __ ___ ._.._.._.._ _.____. .,.�--- ---._._ __._..�_ .____-- T_� ___..___ ______ __ DEBORAH J. BROWN 616 809: 654 930 839 822 882 812. 796 7160 ' ___ __ _ _._ , __ _ __ _ __ __ --._ _ __.__... .._...____ . ,_,___ --- -__� _.�._..__�__. __,_— —______ . ..__.____--- ------� --._._ _ - ----_._ ALL Others 4_ 5 5: 3 8: 3; 6 5 5 44 ' SCHOOL COMMITTEE�vocefo�Normo�ecna�nivo� ' Blanks 518' 584; 619 689` 763! 656; 807' 708 684' 6028 ` ALESSAND�RO A.ALESSANDRINI `; 462; 720 593 �798 662. 697 690: 607 v 603 5832� __ . _ , . __. _ _ _._ : EILEEN S. JAY ' 490; 644; 461: 704: 628' 614: 669 750; 642' 5602 ; _ __ _ ._ __ __ __ _. _ ___; ;CLAIRE B. SHETH ° 416> 607: 437` 660: 574 586; 525: 466; 521 i 4792 - _______._ _: _____ ,._�_.__ ----__ _.._.._ _._.____ , . --- --.__ .�.....__.. ,_ _-- -------_..__�_ ---- . _._.____. AIIOthers 6 3; 4 3 1 3, 9 11 4 44 ' PLANNING BOARD (vocefo�Normo�ecna�oNe) ; ' �� Blanks � 372 518' 437: 575� 507° 511 561 516; 483" 4480 �� _ . _ __ __ _ 'NANCY CORCORAN-RONCHETTI ' 570! 757: 617 849! 802 760. 780 749: 738'' 6622 ' �._.___.._____�.___.___. ..____.--- - ---- ---- ____...__ _.._... _ ------ _ _. _---- -- ALL Others 4 4 3 3 5 7 9 6 6 47 r� _ _ . __ _ _ _ _ _ _ J 'LEXINGTON HOUSING AUTHORITY(votetorNOTmoretnanoNe), Blanks ' 356 519; 447i 561' 516I 520' 553' 513: 488 4473 ---_.________ _�_�.__. .__..__._ __._.�_.____---v______—_— --__._.._ ..m_.�._ _ ------. � _._ _.____ NICHOLAS SANTOSUOSSO : 585 756: 608: 861 788 755 790 754 734 6631 ' _ __ _ _ __ __ __ _ _ _ '--ALL Others ___— :.__._____�. _�_ �__—�_ �._._�___---�_. ___..._... _._.__--__._ __.____ _. , 5 4: 2 5` 10 3' 7 4 5 45 _ -- ------ -_______ _. - ---- — ____----T----____ _ ._ __- --- 455 Annual Town Election—Tuesday, March 1, 2016, cont... TOWN MEETING MEMBERS PRECINCT 1 —Seven for Three Years Total Total *ERIC JAY MICHELSON 509 Margaret Muckenhoupt 14 *JANET M. KERN 480 *JONATHAN G. COLE 456 *BRIAN E. HEFFERNAN 450 *BARRY E. SAMPSON 434 ' *HONGBIN LUO 416 All Others 12 � *IANG JEON 400 Blanks 3451 elected for.• *3 years PRECINCT 2—Seven for Three Years Total Total *LAUREL CARPENTER 626 MICHAEL J. SULLIVAN 440 *BETSEY WEISS 570 Jeri B. Zeder 17 *RITA B. GOLDBERG 568 *KATHRYN MAYES FIELDS 561 *MATTHEW P. DAGGET 506 *KAREN R. LONGETEIG 500 *RICKI PAPPO 475 All Others 25 elected for: *3 years Blanks 4665 PRECINCT 3—Seven for Three Years;One for One Year Total Total *COURTNEY *JEANNE K. KREIGER 587 McCOLLUM APGAR 383 i, *NANCY L. HUBERT 522 **SHARMILLA MUDGAL 320 *MICHAEL J. ` �� MARTIGNETTI 505 STANLEY K.C. YAP 282 *KEVIN JOHNSON 484 Lisa P. Boehm 2 *FRANKLIN E. SMlTH 458 *GLENN P. PARKER 427 All Others 7 elected for: *3 years; **one year Blanks 4479 PRECINCT 4—Seven for Three Years;One for One Year Total Total xNYLES NATHAN BARNET 658 **LAWRENCE CHAN 574 '`SANDRA J. SHAW 650 Serena Crystal 16 *SUSAN A. McLEISH 633 Margaret T. Harris 6 *THOMAS V. GRIFFITHS 627 Donald H. Walker 3 *ANOOP GARG 614 Jonathan T. Cronin 2 *GERALD PAUL 608 All Others 16 *DAVID C. KLUCHMAN 578 Blanks 6431 elected for: *3 years; **one year (""' � PRECINCT 5—Seven for Three Years;One for Two Years ��-" Total Total *IRENE M. DONDLEY 580 *MARILYN M. FENOLLOSA 481 *M. MASHA TRABER 567 *RITA PANDEY 441 *ANDREW J. FRIEDLICH 553 ***ANIL ALUJA 440 *JEROLD S. MICHELSON 554 RICHARD L. NEUMEIER 431 *GINNA JOHNSON 551 James E. Siwila 15 elected for*3 years; All Others 23 ***two years Blanks 5926 4�6 Annual Town Election-Tuesday, March 1, 2016, cont... PRECINCT 6-Seven for Three Years Total Total *TRISHA PEREZ *FREDERIC S. KENNEALY 663 JOHNSON 510 *DEBORAH STROD 564 BRIDGER E. MCGAW 403 '`ANN M. KELLY 550 MARK V. ANDERSON 403 '`MARGARET L. COUNTS- 548 Lakshmi C. Junega 2 KLEBE *DAWN E. McKENNA 518 All Others 12 �- *ANDREA J. FRIBUSH 515 Blanks 4202 � elected for: *3 years --� PRECINCT 7—Seven for Three Years;One for One Year Total Total *CATHERINE WOODWARD GIL 667 *GEOFFREY G. XIAO 594 *GEORGE A. BURNELL 649 **VIKAS KINGER 547 •PATRICIA ELEN �, N, �, COSTELLO 638 Harry�. Forsdick 11 *MARY BURNELL 635 Diane Pursley 8 *MARY C. HAMILTON 633 David J. Needham 4 *JOYCE A. MILLER 619 Michael David Barg 2 elected for*3 years; All Others 22 **one year Bianks 5771 PRECINCT 8—Seven for Three Years Total Total *DAVID C. HORTON 661 *WILLIAM A. RIBICH 487 *NIRMALA V. �—' *ALAN MAYER LEVINE 623 GARIMELLA 428 '� *MARGARET S. ENDERS 591 JOEL M. HERDA 413 *MELINDA M. WALKER 568 John R. Mazerall 84 *ANDREI RADULESCU- BANU 559 Patricia A. Jenness 5 elected*3 years; All Others 6 Blanks 4472 PRECINCT 9—Seven for Three Years Total Total *THOMAS 0. FENN 571 KIMBERLY A. RYAN 411 *MARGARET E. COPPE 564 HEMABEN P. BHATT 375 "VICTORIA LAWRENCE BLIER 521 SCOTT F. BURSON 299 *PAMELA KUMARI JOSHI 472 Jesse F. Segovia 6 *CHRISTINA M. MURRAY 450 *RODNEY COLE 441 All Others 18 *JANET M. PERRY 427 Blanks 4034 elected for*3 years A true copy. . Attest: ��• �• c.. Nathalie L. Rice, Town Clerk __—_ __-------___ -----_ _ ____ __------ ---- ___-------____ _---- ,___ r._ 457 March 21,2016 Annual Town Meeting Moderator Deborah Brown called the 2016 Annual Town Meeting to order at 7:30 p.m., Monday, March 21, at the Margery Milne Battin Hall in the Cary Memorial Building, 1605 Massachusetts Avenue. A quorum in excess of 100 members was present. The William Diamond Fife and Drum Corps led the Lexington Minutemen to post the colors, followed by the playing of the National Anthem. Town Clerk,Nathalie L. Rice,read the Warrant for Annual Town Meeting until waived. The i Town Clerk read the Constable's Return of Service. The Moderator made announcements and called for the testing of the electronic voting units with the intention of using the voting units for the remainder of the 2016 March Annual Town Meeting sessions. She welcomed new Town Meeting Members. 7:43 p.m. The Moderator declared Annual Town Meeting open under Article 2. ARTICLE 2: ELECTION OF DEPUTY MODERATOR AND REPORTS OF TOWN BOARDS AND COMMITTEES MOTION: That Barry Orenstein be approved as Deputy Moderator. 7:43 p.m. The Moderator expressed her appreciation to former Deputy Moderator Deborah Strod, and moved that Barry Orenstein be approved as new Deputy Moderator. Unanimously Adopted. 7:45 p.m. The Moderator declaxed the Annual Town Meeting to be in recess. March 21, 2016 Adjourned Session of February Special Town Meeting#2 (2016-2) Moderator Deborah Brown called to order the adjourned session of 2016 Special Town Meeting #2 at 7:45 p.m., Monday, March 21, 2016, �t the Margery Milne Battin Hall in the Cary �-� Memorial Building, 1605 Massachusetts Avenue, a quorum in excess of 100 members present. 7:46 p.m. Selectman Joseph Pato moved to adjourn the February Special Town Meeting#2 � to April 11, 2016 at 7:30 p.m. at the Margery Milne Battin Hall in the Cary Memorial Building. Motion A�iopted. Marclh 21,2016 Special Town Meeting#3 (2016-3) .. Moderator Deborah Brown called to order 2016 Special Town Meeting#3 at 7:46 p.m., Monday, March 21, 2016, at the Margery Milne Battin Hall in the Cary Memorial Building, 1605 Massachusetts Avenue, a quorum in excess of 100 members present. Town Clerk;Nathalie L. Rice, read the Warrant for Special Town Meeting#3 until waived. The Town Clerk read the Constable's Return of Service. Moderator Deborah Brown made announcements and discussed parliamentary procedures. 7:58 p.m. The Moderator declared Special Town Meeting#3 open under Article 2. 7:58 p.m. Presented by William Hurley, Chair, School Committee. ' ARTICLE 2: APPROPRIATE FOR MIDDLE SCHOOLS-ADDITIONS AND `� REMODELING MOTION: a) That the Town appropriate $4,105,000 to pay costs of remodeling, reconstructing and making extraordinary repairs to the Jonas Clarke and William Diamond Middle Schools, located at 17 Stedman Road and 99 Hancock Street, respectively, including the payment of costs of architectural and engineering services,original equipment and landscaping,paving and other site improvements incidental or directly related to such remodeling, reconstruction or repair; and that 458 March 21, 2016 Special Town Meeting#3 (2016-3), cont... to meet this appropriation,the Treasurer, with the approval of the Board Selectmen, is authorized to borrow$4,105,000 under M.G.L. Chapter 44, Section 7(3A), or any other enabling authority; and b) That the Town appropriate $58,092,200 to pay costs of additions, remodeling, reconstructing and making extraordinary repairs to the Jonas Clarke and William Diamond Middle Schools, located at 17 Stedman Road and 99 Hancock Street, respectively, including the payrnent of costs of architectural and engineering services, original equipment and landscaping, paving and other site improvements incidental or directly related to such additions, remodeling, reconstruction or repair; that to meet this appropriation,the Treasurer, with the approval of the Board Selectmen, is authorized to borrow$58,092,200 under M.G.L. Chapter 44, Section 7(3A), or any other enabling authority,provided that no sums shall be borrowed or expended pursuant to this vote unless the Town shall have voted to exclude the amounts needed to repay any borrowing pursuant to this vote from the limitations on the property tax levy imposed by Chapter 59, Section 21 C of the General Laws (otherwise known as Proposition 2 %2). 7:58 p.m. Mr. Hurley introduced the School Committee's Report and thanked all involved. He asked to have Mr. Patrick Goddard, Director of Facilities, recognized to present the School Committee's Report under Article 2. 8:01 p.m. Mr. Goddard presented the School Committee's Report, discussing value engineering,peer review, existing conditions, proposed site plans and designs, and scheduling. 8:15 p.m. Selectman Joseph Pato moved to receive the Town Manager's Report on Article 2. Unanimously Adopted. 8:15 p.m. The Moderator recognized Mr. Carl Valente, Town Manager, who presented a funding plan for the appropriation under Article 2, outlining taxpayer impacts and proposed mitigation through the use of the capital stabilization fund. 8:26 p.m. Mr. Hurley reported unanimous support of the School Committee. 8:26 p.m. Selectman Suzanne Barry made a brief statement and reported unanimous support � of the Board. 8:27 p.m. Jill Hai, Chair, Capital Expenditures Committee, made a brief statement of support and reported unanimous support of the Committee for both sections of the motion. 8:28 p.m. Glenn Parker, Chair, Appropriation Committee, reported unanimous support of the Committee, stating the Committee was pleased to see the use of the capital stabilization fund to mitigate the impact on taxpayers. 8:28 p.m. The Moderator declared Article 2 open for debate. 8:29 p.m. Dawn McKenna, Pct. 6, questioned access issues regarding the Diamond Middle School. Mr. Hurley responded. Ms. McKenna also questioned the opportunity for future public input. Mr. Goddard responded. 8:34 p.m. Steve Heinrich, Pct. 3, posed questions on"value engineering"with specific interest in HVAC systems. Mr. Goddard responded, and answered questions related to the larger issue of energy savings. 8:41 p.m. Elaine Ashton, Pct. 1, questioned other options for cost savings in the "out years" after 2020. Mr. Goddard noted that possible options included examining team size and adjusting class schedules. 8:42 p.m. Margaret Counts-Klebe, Pct. 6, asked if a financial impact statement had been prepared for the option of renovating the middle schools. Mr. Valente, Town Manager, replied in the negative. r 8:47 p.m. Nicola Rinaldi, 19 Garfield Street, and a parent of a child in the Hastings School, urged support. 8:50 p.m. Members questioned the elements of the project that had been cut to achieve costs savings. Mr. Goddard responded. 8:51 p.m. Mr. Weiss, Pct. 5, stated support for special education programing. Members also discussed Lexington High School and plans for its renovation/reconstruction. 9:04 p.m. David Kanter, Pct. 7, moved the question. Motion Adopted. ___ ---- —--- -----------_ —__—__ ____----_ ___--------- -__---------- - r - 459 March 21, 2016 Special Town Meeting#3 (2016-3), cont... 9:05 p.m. Following electronic vote tallying,the Moderator declared Article 2 Adopted by more than the necessary two-thirds by a vote of: Yes No Abstain 152 2 4 9:06 p.m. Presented by Selectmen Joseph Pata ARTICLE 3c PEG ACCESS AND CABLE RELATED FUND ACCEPTANCE MOTION: That this article be indefinitely postponed. , 9:06 p.m. Following a voice vofe, the Moderator declared Article 3 Unanimously Adopted. 4. , 9:07 p.m. Selectman Pato moved to dissolve Special Town Meeting#3. Motion Adopted. A true copy. Attest: �� !/�i Nath lie L. Rice RECORDS OF ELECTRONIC VOTING FOR ALL SPECIAL TOWN MEETINGS ARE SHOWNAT THE END OF THE MINUTES FOR THE 20I6 ANNUAL TOWN MEETING March 21,2016 Ann�al Town Meeting(continued) Moderator Deborah Brown called the March 21, 2016 session of the 2016 Annual Town Meeting back to order at 9:09 p.m. 9:09 p.m. Presented by Rita Goldberg, Pct. 2, Cary Lecture Series. ARTICLE 3: APPOINTMENTS TO CARY LECTURE SERIES MOTION: That a committee of four 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. 9:13 p.m. Ms. Goldberg moved the Committee's Report be received and placed on file. Unanimously Adopted. Ms. Goldberg reported on the lectures in the previous year, thanking all involved. 9:17 p.m. Selectman Joseph Pato moved Article 3. Motion Adopted. 9:17 p.m. Following a voice vote, the Moderator declared Article 3 Unanimously Adopted. 9:17 p.m. Selectman Pato moved to take up Article 27. Unanimously Adopted. 9:18 p.m. Presented by Selectman Suzanne Barry. ARTICLE 27: ESTABLISH QUALIFICATIONS FOR TAX DEFERRALS MOTI()N: Th�.t 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 �f 2008 be raised to $70,000, beginning in fiscal year 2017. 9:19 p.m. Selectman Suzanne Barry moved Article 27 and presented a brief report. She asked the Moderator to recognize Vicki Blier, Pct. 9, who presented a study committee's report on the benefits of tax deferrals and referenced a nine-page Assessor's brochure on the subject. �, 9:23 p.m. Ms. Barry reported the unanimous suppart of the Board of Selectmen. �W , 9:23 p.m. Glenn Parker, Chair, Appropriation Committee, reported unanimous support of the Appropriation Committee. 9:25 p.m. Members questioned Ms. Blier about the administration of the tax deferral program. 9:32 p.m. David Kanter, Pct. 7,moved the question. Motion Adopted. 460 March 21, 2016 Annual Town Meeting, cont... 9:32 p.m. Following electronic vote tallying, the Moderator declared Article 27 Adopted, by a vote of: Yes No Abstain ' 156 0 2 9:33 p.m. Presented by Selectmen Joseph Pato. ARTICLE 28: ACCEPT CHAPTER 59, SECTION 2D OF THE MGL (CITIZEN ARTICLE) MOTION: That this article be indefinitely postponed. 9:33 p.m. Mr. Pato moved to indefinitely postpone. 9:34 p.m. Gloria Bloom, Pct. 4, and sponsor of the article, explained the reason for the indefinite postponement. 9:34 p.m. In brief comments on the article, Mr. Pato referred to the formation of a study committee on the matter. 9:35 p.m. Glenn Parker, Chair, Appropriation Committee, stated no objection to the indefinite postponement. 9:35 p.m. Following a voice vote,the Moderator declared Article 28 Unanimously Adopted. 9:35 p.m. Presented by Marilyn Fenollosa, membzr, Historic Districts Commission. ARTICLE 30: AMEND GENERAL BYLAWS—DEMOLITION OF BUILDINGS MOTION: That Chapter 19 of the Code of the Town of Lexington, Buildings, Demolition of, ' be amended as follows: 1. By deleting from the title of Article I the words "Outside of Historic Districts". 2. By deleting the first sentence of§ 19.1 and substituting therefor the following: This bylaw is enacted for the purpose of preserving and protecting significant r buildings within the Town, especially those which are outside Historic ' Districts, and to encourage owners of such buildings to seek out persons who might be willing to purchase,preserve, rehabilitate or restore such buildings rather than demolish them. 3. By deleting from § 19.2 the definition of"Commission" in its entirety and substituting therefor the following: COMMISSION Except as otherwise provided in Section 19-4,the Lexington Historical Commission. 4. By adding two new definitions, reading in their entirety as follows: HISTORIC DISTRICTS Historic Districts as defined in Chapter 447 of the Acts of 1956, as amended. HISTORIC DISTRICTS COMMISSION The Historic Districts Commission established pursuant to Chapter 447 of the � Acts of 1956, as amended." � 5. By amending the definition of"Significant Building" by deleting the word "Any" at the beginning thereof and substituting therefor the words "Except as otherwise provided in Section 19-4, any" 6. By deleting §§ 19.4 and 19.5 in their entirety and substituting therefor the following: .--------------------- _ __ -- _ i--- ---- ______— _---__ __-- ---_ �,,,�� 461 March 21, 2016�Town Meeting#�-(z�8�-6—.�j, cont... n��- § 19-4. Demolition by neglect. _ A. The term"Commission" as used in this § 19-4 shall mean the Lexington Historical Commission or, with respect to buildings within any of the Town's Historic Districts, the Historic Districts Commission. . B. The term"Significant Building" as used in this § 19=4 and in§ 19-5 sha11 include Significant Buildings both without and within the Town's Historic Districts. C. If the Commission has reason to believe,through visual inspection or other means, that a significant building may be undergoing demolition by W, neglect,then the Commission shall notify the Building Commissioner and the owner, and the Commission and the Building Coxnmissioner shall jointly hold a public hearing to i) confirm whether or not the building is a significant building and ii) determine whether or not it is undergoing demolition by neglect, which shall require the concurrence of the Building Commissioner. In furtherance of determining its condition,the Commission may, at any time, request an inspection of the building by the Building Commissioner. D. If the Commission and the Building Commissioner both determine that the building is undergoing demolition by neglect, the Commission and the Building Commissioner sha11 attempt to negotiate a voluntary agreement with the owner for appropriate and timely repairs sufficient to structurally stabilize the building andlor prevent further deterioration. E. In the event that the Commission and the Building Commissioner both determine that they are not able to negotiate such an agreement with the owner, for any reason, or that the owner has agreed to undertake but has failed to satisfactorily complete such repairs in a timely manner, then the Commission and the Building Commissioner may take such action as is permitted under § 19-5, including seeking a court order that specific repairs be undertaken to secure the building against the elements, vandals and vermin, to halt further deterioration, and to stabilize it structurally. ' The Commission may forbear from commencing an action in court for any -� reason. F. Upon completion of all repairs that have been agreed upon between the owner and the Commission and the Building Commissioner or that have been ordered by the Commission and the Building Commissioner, or that have been ordered by the cc�urt, and upon certification by the Building Commissioner that said repairs have been completed, the Commission shall certify that the Uuilding is no longer undergoing demolition by neglect. § 19-5. Enforcement and remedies. A. The Commission and the Building Commissioner are each authorized to institute any and all proceedings in law or equity as they deem necessary and appropriate to obtain compliance with the requirements of this bylaw, or to prevent a violation thereof. The Historic Districts Commission is, in addition, authorized ta institute any such proceeding to obtain compliance with §§ 19-4 and 19-5B and 19-SC of this bylaw. B. N�building permit shall be issued with respect to any premises upon wl�ich a significant building has been voluntarily demolished in violation of this bylaw for a period of two years after the date of the completion of such demolition�or the date by which the Commission or the Historic _ Districts Commission; as applicable, and the Building Commissioner both have determined that a building is undergoing demolition by neglect, whichever date is later, except pursuant to the issuance of a building permit pursuant to an agreement reached u��der § 19-4-B herein, or as otkerwise agreed to by the Commission or Historic Districts Commission, as applicable. As used herein "premises" includes the parcel of land upon which the demolished significant building was located. C. Upon a determination by the Commission or the Historic Districts Commission, as applicable,that a building is a preferably-preserved 462 ,�,n�.o March 21, 2016�peei�a�Town Meeting#r'-(�9:�.�, cont... N�.�- significant building, the owner shall be responsible for properly securing the building if vacant, to the satisfaction of the Building Commissioner. Should the owner fail so to secL�re the building,the loss of such building through fire or other cause shall be considered voluntary dem�lition for the purposes of Subsection B of this section. 9:35 p.m. Ms. Fenollosa asked to have Lynne Hopkins, Chair of the Historical Commission, recognized. 9:35 p.m. Ms. Hopkins explained that the intent of the article was to address demolition by neglect, which she reported was a method of circumventing the Demolition Delay Bylaw. The � proposed changes to Chapter 19 of the Bylaw would address historic structures outside Historic Districts. She stated neglect of such historic structures can contribute to lowering property values and creating safety issues. 9:40 p.m. Selectman Joseph Pato reported unanimous support of the Board of Selectmen. 9:40 p.m. Marilyn Fenollosa, member and speaking on behalf of the Historical Commission, reported unanimous support of the Commission. 9:41 p.m. Ms. Hopkins answered questions related to neglected homes owned by residents in health care facilities. 9:44 p.m. Nancy Corcoran-Ronchetti, Chair, Planning Board reported the support of the Planning Board. 9:45 p.m. John Bartenstein, Pct. 1, speaking as a Town Meeting member, urged support. 9:46 p.m. Following electronic vote tallying,the Moderator declared Article 30 Adopted, by a vote of: Yes No Abstain 147 2 7 9:48p.m. Selectman Joseph Pato moved adjournment�o Wednesday, March 23, 2016, 7:30 p.m., at the Margery Milne Battin Hall in the Cary Memorial Building, 1605 Massachusetts Avenue. Motion Adopted. A true copy. Attest: �,�u�.- ��— � Nathalie L. Rice March 23, 2016 Adjourned Session of the 2016 Annual Town Meeting Moderator Deborah Brown called the second session of the 2016 Annual Town Meeting to order at 7:30 p.m., Monday, March 23, at the Margery Milne Battin Hall in the Cary Memorial Building, 1605 Massachusetts Avenue, a quorum in excess of 100 members present. The Moderator made announcements and called for the testing of the electronic voting units. She then called a brief recess to recognize Town Manager, Carl Valente. 7:35 p.m. Town Manager, Carl Valente announced the retirement of William Hadley, Director of Public Works and praised his many accomplishments. Mr. Hadley's colleagues joined him in front of Town Meeting. Mr. Hadley thanked his staff, Lexington's many boaxds and committees, Town Meeting and all those with whom he had the pleasure of working. 7:52 p.m. The Moderator called the Annual Town Meeting back to order under Article 35. 7:52 p.m. Presented by Andrew Friedlich, Pct. 5. ARTICLE 35: LEXPRESS RESOLUTION (CITIZEN ARTICLE) MOTION: Resolved that the Town of Lexington be instructed to take such steps as necessary to ensure that every resident shall have access to an existing Lexpress route that is less than one mile if level, and less than three quarters of a mile if uphill to either arrive or depart onto the bus. 7:52 p.m. Mr. Friedlich asked the Moderator to recognize Roy Glasser, 32 Tyler Road, article sponsor. Mr. Glasser presented, noting a lack of Lexpress service to his neighborhood. He asked for affirmation of equal access for all residents. -_ ------ ----- _ --__ _------� --- -. __ ___ ___. _---______---- ---_ _ _____ _ _ -- ____- -- 463 March 23, 2016 Adjourned Session of the 2016 Annual Town Meeting, cont... 7:56 p.m. Selectmen Joseph Pato reported support for Lexpress, but said the Board had no position on the article. He noted that most residents have service with Lexpress or the MBTA within a half mile of their residences. 7:57 p.m. Nancy Carcoran-Ronchetti, Chair of the Planning Board, reported lack of support of the Board in a(0-4)vote. 7:57 p.m. Hank Manz, Pct. 9, Co-Chair of the Transportation Advisory Committee, reported that the article was not fully developed and stated no comment by the Committee. Speaking as member of Town Meeting, not as a member of the Committee, he noted that the recommendations in the article would cost roughly $150,000 and felt such � costs were not warranted. _„ 8:01 p.m. David Kanter, Pct. 7, stated that the motion included no mechanical, financial or operational information regarding feasibility, and therefore was inappropriate to support. 8:02 p.m. Mr. Glasser responded briefly to comments. 8:03 p.m. The Moderator called the question. 8:04 p.m. Following electronic vote tallying, the Moderator declared Article 35 Not Adopted, by a vote of: Yes No Abstain 11 128 15 ARTICLE 2: REPORTS OF TOWN BOARDS AND COMMITTEES 8:05 p.m. Selectman Joseph Pato moved that the Report of the Town Manager be received and placed on file. Unanimously Adopted. 8:05 p.m. Town Manager, Carl Valente,presented his Report. He highlighted a theme of cautious fina.ncial planning and presented an overview of the FY17 budget. He discussed the use of capital stabilization funds to mitigate tax impacts, noted priorities for FY17, and presented recommendations. 8:17 p.m. Nancy Corcoran-Ronchetti, Pct. 5, Chair, Planning Board moved the Planning Board Report be received and placed on file. Unanimously Adopted. 8:17 p.m. Ms. Corcoran-Ronchetti presented the Board's Report, noting staffing changes and summarizing the work of the Planning Board during the past year. She asked to have the Moderator recognize member Ginna Johnson. -- 8:20 p.m. Ms. Johnson, Chair of the Residential Policy Ad Hoc Committee, reported on the residential policy articles before Town Meeting. 8:30 p.m. The Moderator opened the nleeting on Article 36. 8:30 p.m. Presented by Charles Hornig, member, Planning Board. Ala�'ICLE 36: AMEND ZONING BY-LAW—NATIOI�TAL FLOOD INSURANCE DISTRICT 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, a copy of which is on file with the Town Clerk and the Planning Board, and further that non-substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Lexington. MOTION FOR ARTICLE 36 PER PLANNING BOARD REPORT That Chapter 135 of the Code of the Town of Lexington, the Zoning Bylaw, be amended as follows: 1. Amend Sections 7.1.3 & 7.1.6.1.a 7.1.3 Location. 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 Mid�ies:,x County FIRM that are wholly or partially within the Town of Lexington are panel �"-" numbers 0382�F, 0384�F, 0392E, 0401E, 0402E, 0403E, 0404E, 0403E, 0411E, 0412E, 0�14E, and 0416E, ��a�-8�in effect as of July 6, 2016. The exact boundaries of the District may be defined by the one-hundred-year base flood elevations shown on the FIRM and further defined by the Middlesex County Flood Insurance Study (FIS)report, in effect Jul� 2016�-��'��-i�l$. The FIRM and FIS report are incorporated herein by reference and are on file v,�ith the Town Clerk ��u�r*��T��t,��^�m�r*T��-�-��* and available on the Town website. 464 March 23, 2016 Adjourned Session of the 2016 Annual Town Meeting, cont... 7.1.6 Use Regulations. a. Sections of the Massachusetts State Building Code (780 CMR�which addresse� floodplain and coastal high hazard areas�c�ex ' �4� r'"4��-?�.�z��s� r�,.r��,.,,,.�;,.,, .,,,,a r,,,,�+�,,,.+;,,,, ;,, r,,.,�,„i r�„�o��. � 2. Amend the Zoning Map. Amend the Zoning Map to reflect the changes to panel numbers 0382 and 0384, as described above. 8:31 p.m. Mr. Hornig presented the requested action, stating that Lexington was obligated to comply with Federal National Flood Insurance Regulations, and reported unanimous support of the ; Planning Board. 8:32 p.m. With no further questions,the Moderator called for a voice vote. 8:32 p.m. Following a unanimous voice vote,the Moderator declared Article 36 Adopted by more than the necessary two-thirds. 8:33 p.m. Presented by Charles Hornig, member, Planning Board. , ARTICLE 37: 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, a copy of which is on file with the Town Clerk and the Planning Boaxd, and further that non-substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Lexington. MOTION FOR ARTICLE 37 PER PLANNING BOARD REPORT That Chapter 135 of the Code of the Town of Lexington, the Zoning Bylaw, be amended as follows: 1. Correct internal references within Section 5.2 of the Zoning Bylaw, Signs: § 5.2.8.2.a. In particular instances the SPGA may issue special permits for projecting signs in accordance with § 5.2.�-�-10, if it is determined that... § 5.2.8.23. In particular instances the SPGA may issue special permits for standing signs in accordance with § 5.2.�10, if it is determined that... 2. Correct and update Section 10,Definitions: Delete unused definitions: DBM, indirect light, lowest floor, new construction, radio-frequency radiation, substantial damage, and substantial improvement. Add definition for"Telecommunications Act: � Telecommunications Act: The Federal Telecommunications Act of 1996 Delete the definition of"Development Regulations" and replace with"Subdivision Regulations" and"Zoning Regulations," in alphabetical order, as detailed below: Subdivision Re�ulations• Ch�ter 175 of the Code of Lexin�ton is the document adopted and amended from time to time bv the Plannin�Board, containing various re�ulations, procedures standards and fees for actions used in dealin�with subdivision control and other matters relative to residential and commercial development in Lexin�ton. Zonin�Regulations: Chapter 176 of the Code of Lexin�ton is the docuxnent adopted and amended from time to time bv the Planning Board, containin�various re�ulations, procedures standards and fees for actions that the Planning Board uses in dealing with special�ermits site plan review and other matters relative to residential and commercial development in Lexin on. Amend the definition of"funeral home or parlor"to "funeral parlor" as all references to the term in the Bylaw are to "funeral parlors." 3. Correct internal references related to the above proposed edits: ' Add a reference to the "Telecommunications Act" in §6.4.13, and to "Channel" and"Wireless Communication Services"to "Telecommunications Act"in Definitions. Replace the term"Development Regulations"with"Subdivision Regulations," in §� 5.3.14, 6.9.12, 6.9.13, and in the definition of Proof Plan in Section 10. Replace the term"rules and regulations" in §§ 7.3.5.2, 7.3.S.S.b, and 9.5.4.2 with"Zoning Regulations." ____-- - --- - --- -------- - _- --------- - --- - - - ----------- ___—--- - i -- - - 465 March 23, 2016 Adjourned Session of the 2016 Annual Town Meeting, cont... 4. Reformat section 8.7,Nonconforming Off-Street Parking and Loading to reflect the format structure it had before the Bylaw was recodified by Town Meeting in 2014, as summarized below: 8.7 NONCONFOR1dIING OFF-STREET PARKING AND LOADING (CURRENT) 8.7.1 Existing Nonconforming Parking Spaces or Loading Bays. Any off-street parking . spaces or loading bays in existence on the effective date of this bylaw or thereafter established, which serve a building or use, may not be reduced in number, or changed in location or design contrary to the requirements of§ 5.1 so as to increase the degree of nonconformity with the requirements of§ 5.1. I � ' 8.7.2 Change of Use. A use of an existing structure or lot which does not have sufficient -- parking or loading, including a use which has no off-street parking or loading,may be expanded or changed to a different type of use for which a different number of parking spaces or loading bays is required as set forth in § 5.1.4 only if the net increase in the number of required parking spaces or loading bays is provided in conformity with § 5.1. 8.7.3 Increase in Floor Area. If it is proposed to increase the net floor area of a building, whether by addition to the exterior of the building or by internal reconstruction, and the building does not have sufficient off-street parking or loading bays, full compliance with § 5.1 for the entire building shall be a condition of the issuance of a building permit for the construction of the increase of net floor area. 8.7.4 Parking Spaces or Loading Bays in Existence. Parking spaces or loading bays lawfully in existence which serve existing uses, are no longer required for those uses under § 5.1, and comply with the design standards of§ 5.1.13, as to dimensions, loading bays, surfacing, and grade, may be transferred to a new, changed, or expanded use in an existing structure, even if they do not conform to the requirements of§ 5.1.13 as to setbacks, snow storage, access for a parking lot, and landscaping. . 8.7.5 Parking Spaces or Loading Bays in Existence. Existing parking spaces or loading bays that comply with the design standards of§ 5.1.13, as to dimensions, loading bays, surfacing, and grade, that are no longer required for existing uses under § 5.1, may be transferred to a new, changed, or expanded use in an existing structure, even if they do not conform to the requirements of§ 5.1.13 as to setbacks, snow storage, access for a parking __. lot, and landscaping. 8.7.6 Credit. An applicant seeking credit for existing parking spaces or loading bays shall first submit an off-street parking and loading plan, as provided in § 5.1.3, certified by a registered land surveyor or professional engineer. If the existing paved area is not marked off into parking spaces or loading bays, such spaces or bays, complying with § 5.1.13 shall be delineated on the plan. To qualify, an existing parking space or loading bay shall be entirely on the lot. 8.7.7 Casualty to �uilding. l. If a building, for which sufficient off-street parking or loading is not provided, is destroyed, damaged or demolished by the owner, the building may be reconstructed or replaced if otherwise permitted by this bylaw, without providing additional parking spaces or loading bays provided the new building has the same or less net floor area and the new uses require the same or fewer parking spaces or loading bays. If parking spaces or loading bays were provided before the destruction, damage, or demolition, at least the same number of spaces or bays sha11 be provided. 2. If the uses require a greater number of parking spaces or loading bays, or if more net floor area is to be constructed than previously existed, full compliance with § 5.1 for the entire building shall be a condition of the issuance of any building permit for the reconstruction or replacement of the building. 8.7 NONCONFORMING OFF-STREET PARKING A��TD LOADING (PROPOSED) 8.7.1 Existing Nonconforming Parking Spaces or Loading Bays. Any off-street parking spaces or loading bays in existence on the effective date of this bylaw or thereafter established, which serve a building or use,may not be reduced in number, or changed in location or design contrary to the requirements of§ 5.1 so as to increase the degree of nonconformity with the requirements of§ 5.1. 1. Change of Use. A use of an existing structure or-lot which does not have sufficient pa.rlcing or loading,including a use which has no off-street parking or loading, may be expan�ed or changed to a different type of use for which a different number of parking 4�� March 23, 2016 Adjourned Session of the 2016 Annual Town Meeting, cont... spaces or loading bays is required as set forth in § 5.1.4 only if the net increase in the number of required parking spaces or loading bays is provided in conformity with § 5.1. 2. Increase in Floor Area. If it is proposed to increase the net floor area of a building, whether by addition to the exterior of the building or by internal reconstruction, and the building does not have sufficient off-street parking or loading bays, full compliance with § 5.1 for the entire building shall be a condition of the issuance of a building permit far the construction of the increase of net floor area. 3. Parking Spaces or Loading Bays in Existence. Parking spaces or loading bays lawfully in existence which serve existing uses, are no longer required for those uses under § 5.1, and comply with the design standards of§ 5.1.13, as to dimensions, loading bays, surfacing,.and grade, may be transferred to a new, changed, or expanded use in an existing structure, even if they do not conform to the requirements of§ 5.1.13 as to setbacks, snow storage, access for a parking lot, and landscaping. 4. Parking Spaces or Loading Bays in Existence. Existing parking spaces or loading bays that comply with the design standards of§ 5.1.13, as to dimensions, loading bays, surfacing, and grade,that are no longer required for existing uses under § 5.1, may be transferred to a new, changed, or expanded use in an existing structure, even if they do not conform to the requirements of§ 5.1.13 as to setbacks, snow storage, access for a parking lot, and landscaping. 5. Credit. An applicant seeking credit for existing parking spaces or loading bays shall first submit an off-street parking and loading plan, as provided in § 5.1.3, certified by a registered land surveyor or professional engineer. If the existing paved area is not ' marked off into parking spaces or loading bays, such spaces or bays, complying with § 5.1.13 shall be delineated on the plan. To qualify, an existing parking space or loading bay shall be entirely on the lot. 8.7.2 Reconstruction or Replacement of a Building. 1. If a building, for which sufficient off-street parking or loading is not provided, is destroyed, damaged or demolished by the owner, the building may be reconstructed or replaced if otherwise permitted by this bylaw, without providing additional parking spaces or loading bays provided the new building has the same or less net floor area and ! the new uses require the same or fewer parking spaces or loading bays. If parking spaces or loading bays were provided before the destruction, damage, or demolition, at least the same nuxnber of spaces or bays shall be provided. 2. If the uses require a greater number of parking spaces or loading bays, or if more net floor area is to be constructed than previously existed, full compliance with § 5.1 for the entire building shall be a condition of the issuance of any building permit for the reconstruction or replacement of the building. 8:33 p.m. Mr. Hornig presented the technical corrections in Article 37 and reported unanimous support of the Planning Boaxd. 8:33 p.m. Selectman Michelle Ciccolo reported unanimous support of the Board. 8:34 p.m. With no further comments,the Moderator called for a voice vote. 8:34 p.m. Following a unanimous voice vote,the Moderator declared Article 35 Adopted by more than the necessary two-thirds. 8:34 p.m. Presented by Charles Hornig, member, Planning Board. ARTICLE 38: AMEND ZONING BYLAW—GOVERNMENTAL-CIVIC DISTRICT(S) 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, a copy of which is on file with the Town Clerk and the Planning Board, and further that non-substantive � changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of tlie Town of Lexington. MOTION FOR ARTICLE 38 PER PLANNING BOARD REPORT That the Zoning Bylaw and.the Zoning Map, Chapter 135 of the Code of the Town of Lexington, be amended as follows: l. That Bylaw Section 2.2 be amended to include the new district and renumber the subsequent sections accordingly: 2.2.1 Governmental-Civic Use Districts _ -- -----_--------_—_ __-- ---- ----------__----- - __-----_---------- ___-------__� � � 46.7 March 23, 2016 Adjourned Session of the 2016 Annual Town Meeting, cont... GC Governmental-Civic Use 2. That Bylaw Section 3.1, the Table of Uses, be amended to include the proposed district (see Appendix A). 3. That Bylaw Section 4.4, the Schedule of Dimensional Controls, be amended to include the proposed district(see Appendix B). 4. That Bylaw Section 5.1.10.3 be amended to permit access across the GC district to any other district so that the section reads: 3. No private way or driveway shall be built through a district in which the use served by the private way or driveway is not permitted except that access through a GC district to any other district is permitted. 5. That Bylaw Section 5:1.11, Minimum Yards for Parking, be amended to include the new district, as summarized below: District Residential Street Line All Other Lot Wall of a Principal District Line (ft.) (ft.) Lines (ft.) Building (ft.) GC 0 25 5 5 6. That Bylaw Section 5.3.5,the required depth or width(in feet)of transition areas,be amended to include the new district as summarized below: Adjacent District District In �Sh GC RO RS RT RD CN CRS CS CB CLO CRO CM L neet Located GC - 20 20 20 20 - - - - - - - - �i RO - 25* 25* 25* 10* 15 15 20 - 20 20 20 - � RS - 25* 25* 25* 10* 15 15 20 15 20 - - - RT - 25* 25* 25* 10* 10 ld - - 10 - - - RD - 20* 20* 20* 20* 20 20 20 20 20 20 20 25 CN - 20 20 20 20 - 10 15 - 20 - - 10 CRS - 20 20 20 20 10 - 15 - 10 - - 10 CS - 20 20 20 20 15 15 - - 15 - - 20 CB - - 20 - 20 - - - - - - - - CLO - 50 50 50 50 10 10 10 - - - - 10 CRO - 50 - - 50 - - - - - - - 50 CM - 50 - - 50 - - - - - - - 25 *No requirement for an individual dwelling � � 7. That Bylaw Section 9.4.1 be amended to make the Planning Board the special permit granting authority(SPGA)for special permits in the GC District, so that it reads: 1. The Planning Board shall serve as the SPGA for: a. All special permits pursuant to § 6.9, Special Permit Residential Developments; b. All special permits in the Governmental-Civic Use(GC)District• and c. When an activity or use requires both site plan review and one or more special permits, except for a wireless communication facility or as provided below. 8. That the Zoning Map be amended by rezoning to the GC District the parcels listed in a do�ument titled"List of Parcels to be Rezoned to Governmental-Civic.District"dated March 16, 2015 on file with the Planning Department. 468 March 23, 2016 Adjourned Session of the 2016 Annual Town Meeting, cont... APPENDIX A ' Table 1: Permitted Uses and Development Standards , GC RO RS RT CN CR CS C CL CR CM S B O O A. RESIDENTIAL USES A.1.0 PRINCIPAL RESIDENTIAL USES A.1.01 One-family N Y Y Y Y N N N N N N dwelling A.1.02 Two-family N N N Y Y N N N N N N dwelling A.1.03 Dwelling unit above street floor level in a commercial or N N N N N N N Y N N N institutional building A.1.04 Congregate living N SP SP SP SP N N N N N N facility A.1.05 Balanced housing d�evelopment, public benefit N SP SP SP N N N N N N N development, site sensitive development � ; A.2.0 ACCESSORY USES FOR RESIDENTIAL USES -a% A.2.01 Rooming units N �, y y N N N N N N N (not to exceed 3) A.2.02 Basic accessory N Y Y N N SP SP SP SP SP SP apartment A.2.03 Expanded accessory N SP SP N N SP SP SP SP SP SP apartment A.2.04 Accessory structure N SP SP SP SP SP SP SP SP SP SP apartment A.2.05 Bed and breakfast N 1, y N N SP SP SP SP SP SP home A.2.06 I�ome occupation, N Y �, Y y �p SP SP. SP SP SP instruction A.2.07 Home occupation, N Y Y y �y SP SP SP SP SP SP '� minor , A.2.08 Home occupation, N SP SP SP Y SP SP SP SP SP SP maj or A.2.09 Tennis court or court for a sport played with a N SP SP SP Y Y Y Y Y Y N racquet or paddle including handball -_- ---- ---_ _ _------ ______ --__ i ------------- ---- ---_- _---- _ __ ____- -_ ____ _ -----__-- ---- 469 March 23, 2016 Adjourned Session of the 2016 Annual Town Meeting, cont... APPENDIX A Table 1: Permitted Uses and Development Standaxds GC RO RS RT CN CR CS C CL CR CM S B O O A.2.01 Family child care N I, Z, y y SP SP SP SP SP SP 0 home m--� f', ! A.2.01 Family child care N SP SP SP SP SP SP SP SP SP SP ;,.._,� T home, large A.2.01 Adult day care in N SP SP SP SP SP SP SP SP SP SP 2 the home A.Z.O1 Outdoor parking of 3 commercial vehicles other than N N N N Y Y Y Y Y Y Y one vehicle not larger than 10,000 pounds GVW A.2.01 Outdoor parking of 4 more than four N SP SP SP SP Y Y Y Y Y Y automobiles for a dwelling unit A.2.01 Indoor parking of 5 commercial vehicles other than N N N N N Y Y Y Y Y Y ;� one vehicle not I I larger than 15,000 �..____ pounds GVW A.2.01 Outdoor storage of 6 unregistered vehicles other than ene automobile not stored in the required yard for N N N N N N Y N N N N the principal dwelling, and screened from the view of abutting lots and the street B. INSTITUTIONAL USES B.1.0 PRINCIPAL INSTITUTIONAL USES B.1.01 Child care center Y Y Y Y Y Y Y Y Y Y Y � B.1.02 Use of land or structures for Y Y Y y y y Y y y y y ,., religious purposes 470 March 23, 2016 Adjourned Session of the 2016 Annual Town Meeting, cont... APPENDIX A Table 1: Permitted Uses and Development Standard� GC RO RS RT CN CR CS C CL CR CM S B O O B.1.03 Use of land�r structures for educational ,� purposes on land owned or leased by "'"' the commonwealth or any of its agencies, Y Y Y Y Y Y Y Y Y Y Y subdivisions or bodies politic or by a religious sect or denomination, or by a nonprofit educational corporation B.1.04 Municipal buildings Y I, I, �, Y Y Y Y Y �, I, or uses B.1.05 Park, playground, Y �, I, Y Y Y Y Y Y Y �, cemetery , C. PRINCIPAL AGRICULTURAL AND NATURAL RESOURCE USES � C.1.0 AS A PRINCIPAL USE I � C.1.01 Exempt agricultural `-' uses and structures I, Y Y Y �, I, I, Y Y Y I, as set forth in G.L. c. 40A, s. 3 C.1.02 Farm for the raising of crops not exempt Y Y Y Y Y Y Y Y Y Y Y by statute C.1.03 Greenhouse or nursery not exempt SP SP SP SP SP SP SP SP SP SP SP by statute C.1.04 Horseback riding area or stables not SP SP SP SP N N N N N N N exempt by statute C.1.05 Roadside stand not exempt by statute SP SP SP SP SP SP SP SP SP SP SP (for two-year terms) C.1.06 Removal from a lot J of earth materials for sale such as SP SP SP N N N N N N SP SP loam, sod, sand, gravel, stone, rock or clay D. TEMPORARY USES - - ___ � --- ---- ----- --__ ___-- -_ --------- ----- --- _____._--_ _ ____ 471 March 23, 2016 Adjourned Session of the 2016 Annual Town Meeting, cont... APPENDIX A Table 1: Permitted Uses and Development Standards GC RO RS RT CN CR CS C CL CR CM S B O O D.1.01 Temporary dwelling to replace a permanent dwelling N �, �, Y Y Y Y Y Y Y Y on the same lot -- during reconstruction D.1.02 Temporary building or trailer incidental to the construction Y Y Y Y Y Y Y Y Y Y Y of a building or land development D.1.03 Temporaxy structures and uses not otherwise permitted in the district,provided the Building Y Y Y Y Y Y Y Y Y Y Y Commissioner finds that the proposed structure or use is compatible with the neighborhood ' D.1.04 Temporary -- structures and uses not otherwise permitted in the district,provided SP SP SP SP SP SP SP SP SP SP SP the proposed structure or use is compatible with the neighborhood E. OPERATING STANDARDS -THE FOLLOWING OPERATING STANDARDS APPLY TO ALL USES 1N SECTIONS G TO P, INCLUSIVE, OF THIS TABLE 1N ADDITION TO ANY STANDARDS SET FORTH THEREIN E.1.01 Operations, in part or in whole, conducted outdoors Y SP SP SP SP Y Y SP SP SP Y during operating hours E.1.02 Storage of equipment and products outdoors Y N N N N Y Y Y N SP SP -� during non- operating hours F. DEVELOPMENT STANDARi3S -THE FOLLOWING DEVELOPMENT STANDARDS APPLY TO ALL USES 1N SECTIONS G TO P, INCLUSIVE, OF THIS TABLE 1N ADDITION TO ANY STANDARDS SET FORTH THEREIN 472 March 23, 2016 Adjourned Session of the 2016 Annual Town Meeting, cont... APPENDIX A Table 1: Permitted Uses and Development Standaxds GC RO RS RT CN CR CS C CL CR CM S B O O F.1.01 Uses and structures with less than 10,000 square feet f �' of gross floor area J including the area of any existing Y Y Y Y Y Y Y Y Y Y R structures but not including any floor area devoted to off- street parking, on a ' lot F.1.02 Uses and structures with 10,000 or more square feet of gross floor area including the area of any R R R R R R R R R R R existing structures but not including any floor area devoted to off-street parking, on a lot G. COMMERCIAL OFFICE USES G.1.0 AS A PRINCIPAL USE G.1.01 Medical, dental, psychiatric office, N N N N Y Y N Y Y Y Y but not a clinic G.1.02 Medical, dental, psychiatric office, but not a clinic, N N N N N Y N Y Y Y Y , with related laboratory G.1.03 Business or N N N N N Y N Y Y Y Y professional office G.2.0 DEVELOPMENT STANDARDS FOR OFFICE USES G.2.01 Office located on street floor level N N N N Y N N SP Y Y Y *Not permitted in a * center starefront. G.2.02 Office located on any floor ather than street floor level N N N N N* Y N Y Y Y Y *Permitted in a basement _------- __ _ ---- _ i _----- -- ------ —-- _____ _--_ _----- --_____ ---______ __ _ - 473 March 23, 2016 Adjourned Session of the 2016 Annual Town Meeting, cont... APPENDIX A Table 1: Permitted Uses and Development Standards GC RO RS RT CN CR CS C CL CR CM S B O O G.2.03 Office space of all companies in a building occupies a N N N N N N N Y Y Y Y total of more than - 50% of the floor area in a building G.2.04 Offices in which one company has more than 1,000 square feet of floor N N N N N Y N Y Y Y Y area but not more than 2,500 square feet of floor area in a building G.2.05 Building used for offices without limit as to the amount of floor area one company may N N N N N N N N N Y Y occupy or the percentage of floor area occupied by i offices � H. PERSONAL,BUSINESS, OR GENERAL SERVICE USES H.1.0 A� A PRINCIPAL USE H.1.01 Beauty parlor, N N N N Y Y Y Y Y N Y barber shop H,1.02 Laundry or dry � cleaning pickup station with processing done elsewhere; laundry N N r1 N Y Y Y Y N N Y or dry cleaning v�nth � processing on the premises, self- service laundromat or dry cleaning H.1.03 Tailor, dressmaker, N N N N Y Y Y Y N N Y shoe repair H.1.04 Real estate sales or N N N N Y Y N Y Y Y Y w- re�tal H.1.05 Bank or Credit N N N N N Y N Y Y Y Y Union 474 March 23, 2016 Adjourned Session of the 2016 Annual Town Meeting, cont... APPENDIX A Table 1: Permitted Uses and Development Standards GC RO RS RT CN CR CS C CL CR CM S B O O H.1.06 Bank or Credit Union with drive-up window or auto- N N N N N SP N N N SP Y oriented branch bank � H.1.07 Automatic teller N N N N SP Y Y Y Y Y Y machine H.1.08 Travel agency, ' insurance agency, N N N N N Y N Y Y Y Y ticket agency H.1.09 Photographic _ services including N N N N Y Y Y Y Y Y Y commercial photography H.l.O1 Repair of household 0 appliances, sma11 tools or equipment, N N N N Y Y Y Y N N N rental of equipment - or tools for use in a home H.1.01 Funeral parlor N N N N N N Y N Y N N � 1 H.1.01 Photocopying, 2 reproduction N N N N Y Y Y Y Y Y Y services but not commercial printing H.1.01 Medical clinic for N N N N N Y N Y Y Y Y 3 outpatient services H.1.01 School not exempt SP N N N N Y Y Y Y Y Y 4 by statute H.1.01 Instruction in music 4.1 or the arts, not to exceed 3,500 square SP N N SP SP Y Y Y Y Y Y feet of floor space per establishment ' H.1.01 Commercial N N N N N N Y Y Y N Y _ 5 printing, publishing � H.1.01 Newspaper N N N N N N Y N Y N Y 6 distribution agency H.1.01 Office of N N N N N N Y N N N N 7 veterinarian H.1.01 Kennel, boarding of N N N N N N Y N N N N 8 household pets ____ ____ ----- _ __-----___ -- i__ _--- -- -___------- --_ _ - _ _ _ _—___ 475 March 23, 2016 Adjourned Session of the 2016 Annual Town Meeting, cont... APPENDIX A Table 1: Permitted Uses and Development Standaxds GC RO RS RT CN CR CS C CL CR CM S B O O H.1.01 Pet grooming 9 service provided �"' that it shall be conducted entirely N N N N N Y Y Y N N N -- wrtlun the pnncipal building and no pets shall be boarded overnight H.1.02 Private postal N N N N N Y Y N Y Y Y 0 service H.1.02 Recycling N N N N N N SP N N N N 1 collection store H.1.02 Museum, art 2 gallery,private SP SP SP SP Y Y N Y Y Y N library H.1.02 Nonprofit 3 community service SP SP SP SP Y Y N Y Y Y Y center or charitable organization H.1.02 Private, nonprofit �'� 4 club or lodge of �._� social, fraternal, veterans, professional or SP SP SP SP Y Y N Y Y Y Y political association; union hall; not including a reereational club �-I.2.0 DEVELOPMENT STANDARDS FOR PERSONAL, BUSINESS, OR GENER.AL SERVIGE USES I�l.2.01 Services with more than 1,500 square I, Y Y Y SP I, Y Y Y Y Y feet of floor space �er establishment H.2.02 Services with more than 3,500 square I, �, y Y N Y 1, Y Y Y Y feet of floor space per establishment � I. SALES OR RENTAL OF GOODS AND EQUIPMENT � I.1.0 AS PRINCIPAL USE I.1.01 Convenience goods often bought on a daily basis such as N N N N Y Y Y I Y Y Y Y food, candy; newspapers, tobacco products 476 March 23, 2016 Adjourned Session of the 2016 Annual Town Meeting, cont... APPENDIX A Table 1: Permitted Uses and Development Standards GC RO RS RT CN CR CS C CL CR CM S B O O I.1.02 General merchandise, N N N N N Y N Y N N N department store i I.1.03 Food, not intended for consumption on the premises; includes grocery N N N N Y Y N Y N N SP store,but not a takeout or fast-food ' service I.1.04 Package liquar store, with no consumption of N N N N N SP N Y N N N beverages on the premises I.1.05 Apparel, fabrics and N N N N Y Y N Y N N N accessories I.1.06 Furniture, home furnishings, home N N N N N Y N Y N N N appliances and equipment, carpets ; I.1.07 Other retail goods such as books, stationery, drugs, sporting goods, j ewelry, photographic equipment and N N N N Y Y N Y N N Y supplies, flowers, novelties, caxds, footwear, and the like which are typically of a size � that a customer can carry by hand I.1.08 Hardware, paint, N N N N Y Y Y Y N N N wallpaper I.1.09 Building materials N N N N N Y Y Y N N N I.1.01 Lawn and garden 0 supplies and N N N N N Y Y Y N N N equipment I.1.01 Sale or rental of 1 equipment and supplies, such as N N N N N Y Y N� N N Y office furniture,to other businesses � _ __ ____-- — _____--_._ --- -- ___ ---- _______----------- ----- ---- —--- - ---- i-------- 477 March 23, 2016 Adjourned Session of the 2016 Annual Town Meeting, cont... APPENDIX A Table 1: Permitted Uses and Development Standards GC RO RS RT CN CR CS C CL CR CM S B O O I.1.01 Artisan work N N N N N N N Y N N N 2 ' i I.1.01 Medical Marijuana N N N N N N N N N N Y d_ 3 Distribution Center I.2.0 DEVELOPMENT STANDARDS FOR SALES OR RENTAL OF GOODS AND EQUIPMENT I.2.01 Stores with more than 2,000 square N N N N N Y Y Y N N SP feet of floor area per establishment I.2.02 Sales or rental conducted in part outdoors with N N N N N Y Y Y N N SP permanent display of products during non-operating hours J. EATING AND DRINKING; TRANSIENT ACCOMMODATIONS J.1.0 AS A PRINCIPAL USE � J.1.01 Restaurant N N N N N Y N Y N Y Y J J.1.02 Fast-food service N N N N SP SP N SP N SP Y J.1.03 Takeout food service (* Requires a special permit for N N N N Y* Y* SP Y* N Y* Y* service between the hours of 11 PM and 7 AM) J.1.04 Caterer or other establishment preparing meals for groups of people Sp N N N N N N Y * N N Y (* Only in conjunction with a substantial retail food business) � J.1.05 Drive-in or drive- through food N N N N N N N N N N N -- service J.1.06 Hotel, motel N N N N N N N SP N SP Y K. C�MMERCIAL RECREATIUN,AMUSElVIEN'�,ENTERTAINMENT K.1.0 AS A PRINCIPAL USE K.1.01 Movie theater N N N N N N N Y N N N (indoor) 478 March 23, 2016 Adjourned Session of the 2016 Annual Town Meeting, cont... APPENDIX A Table 1: Permitted Uses and Development Standaxds GC RO RS RT CN CR CS C CL CR CM S B O O K.1.02 Indoor athletic and exercise facilities, N N N N N SP Y Y N N Y weight reduction �` salon �J K.1.03 Recreational facilities such as SP SP SP SP SP SP SP SP SP SP SP golf course,tennis or swimming club K.1.04 Private nonprofit recreational facility such as golf course, SP SP SP SP Y Y Y Y Y Y Y tennis or swimming club L. MOTOR VEHICLE RELATED SALES AND SERVICE USES L.1.0 AS A PRINCIPAL USE L.1.01 Motor vehicle sales or rental; includes automobiles,trucks, campers, vans, N N N N N SP SP N N N SP recreational "�'I vehicles, boats, or !, I trailers •--� L.1.02 Service station, sale of fuel and other motor oil products N N N N N SP SP N N N N and accessories such as batteries, tires L.1.03 Sales and installation of automotive parts such as tires, N N N N N N SP N N N N mufflers, brakes and motor vehicle accessories ------ - -- --- ---------__ ____--_ ---__ _.___ . ----- ----- --_ _ _ __------___ _____ 479 March 23, 2016 Adjourned Session of the 2016 Annual Town Meeting, cont... APPENDIX A Table 1:.Permitted Uses and Development Standards GC RO RS RT CN CR CS C CL CR CM S B O O L.1.04 Motor vehicle maintenance and minor repairs ' 1 limited to engine -- tune-up, lubrication and installation of replacement parts, adjustment or N N N N N SP SP N N N SP replacement of brakes or tires, washing and polishing, but not including engine overhaul, body work or painting L.1.05 Substantial motor vehicle repair including engine N N N N N N SP N N N N - overhaul, body work and painting L.1.06 Car wash conducted entirely within a N N N N N N SP N N N N � building � - L.1.07 Automobile parking lot where the parking spaces do not serve a principal SP N N N N N SP SP N SP SP use on the same lot and where no sales or service takes place Storage of L.1.08 automobiles or N N N N N N SP N N N N trucks M. CONSTRUCTION, STORAGE,DISTRIBUTION AND INDUSTRIAL USES M.1.0 AS A PRINCIPAL USE M.1.0 Bakery N N N N N N Y N N N N 1 1�1.1.0 Industrial s�rvices � 2 such as machine N N N N N N SP N N N Y .,.-- shop, welding M.1.0 Commercial mover, 3 associated storage N N N N N N SP N N N Y facilities 480 March 23, 2016 Adjourned Session of the 2016 Annual Town Meeting, cont... APPENDIX A Table 1: Permitted Uses and Development Standards GC RO RS RT CN CR CS C CL CR CM S B O O M.1.0 Distribution center, 4 parcel delivery, N N N N N N N N N Y Y --� commercial mail � delivery center �J M.1.0 Office, display or 5 sales space of a wholesale or distributing establishment, N N N N N N Y N N N N provided that not more than 25% of the floor area is used for assembly of products M.1.0 Trade shop N N N N N N Y N N N N ' 6 M.1.0 Office, yard and 7 storage facilities for construction company such as a N N N N N N SP N N N N general contractor, landscape , contractor ; ..�,� M.1.0 Fuel oil dealer 8 including sale and repair of heating N N N N N N SP N N N N equipment but not including bulk - storage of fuel oil N. MANUFACTURING USES , N.1.0 AS A PRINCIPAL USE N.1.01 Light N N N N N N N N N N Y manufacturing N.1.02 Laboratory engaged in research, experimental and testing activities, which may include N N N N N N N N N Y Y the development of �� mock-ups and � prototypes but not the manufacture of finished products N.1.03 Medical Marijuana N N N N N N N N N N Y Treatment Center O. UTILITY, COMMUNICATIONS,AND TRANSPORTATION USES 0.1.0 AS A PRINCIPAL USE __- --__ ___--------- ---- --- — _____-------_ ---- _.__._ _-___- ----- -_--� -----__________ _.__._____---- ----__ T 481 March 23, 2016 Adjourned Session of the 2016 Annual Town Meeting, cont... APPENDIX A Table 1: Permitted Uses and Development Standards GC RO RS RT CN CR CS C CL CR CM S B O O 0.1.01 Radio, television studio, but without N N N N N Y Y N N Y Y transmitting or ! receiving towers 0.1.02 Transmitting or receiving tower or antenna for commercial activities other than N N N N N N N N N N Y those which are used exclusively for wireless communication facilities 0.1.03 Commercial N N N N N N SP N N N N ambulance service 0.1.04 Taxicab garage, N N N N N N SP N N N N parking area 0.1.05 Bus garage or N N N N N N SP N N N Y storage facility i 0.1:06 Parking .� maintenance facilities for N N N N N N SP N N N Y commercial vehicles 0.1.07 Landing place for helicopters not includ�ng storage or N N N N N N N N N SP SP maintenance facilities 0.1.08 Wireless communication SP SP facility SP�` SP* SP* SP* SP* SP* * * SP* SP* SP* *Yes if concealed as per § 6.4.4 0.1.09 Essential services Y Y Y Y SP Y Y Y Y Y Y 0.1.10 Ground mounted solar energy Y N N N N N N N N N R ; systems � P. OPEN AIR, SEASONAL AND SPECIAL EVENTS P.1.0 AS A PRINCIPAL USE � P.1.01 F�ea�naricet Y N N N N N SP N N N N P.1.02 Seasonal sale of �hristmas trees and Y SP SP SP SP Y Y N SP SP SP wreaths 482 March 23, 2016 Adjourned Session of the 2016 Annual Town Meeting, cont... APPENDIX A Table 1: Permitted Uses and Development Standards GC RO RS RT CN CR CS C CL CR CM S B O O Q. ACCESSORY USES FOR COlVIMERCIAL USES Q.1.01 Parking of trucks or � other equipment to be used for the maintenance of the buildings and grounds only; shall be parked only in a garage or in an Y Y Y Y Y Y Y Y Y Y Y outdoor area not within the minimum yard for the principal building and shall be screened from the view of abutting ' lots and the street ' Q.1.02 Temporary overnight outdoor ', parking of freight Y N N N N Y Y Y Y Y Y ' carrying or material handling equipment �_ Q.1.03 Convenience ' ' business use SP SP SP SP SP Y Y Y Y Y Y Q.1.04 Cafeteria, dining room, conference rooms, function rooms, recreational facilities; the use shall be conducted primarily for the employees or clientele of the principal use and SP SP SP SP Y Y Y Y Y Y Y not for the general public and shall be conducted entirely within the principal building with no evidence of the existence of the use from the street or .-,, from any lot line � I ; � Q.1.05 Processing, storage and limited ' manufacturing of goods and materials N N N N N N N N N Y Y related solely to research, experimental and testing activities _ _ _-- ----__ __- _----- _ _ � _ --_ -- -- __--- --__ _--_ __ __ ___-�------ - -_ - -- - ��.��-C�-�I March 23, 2016 Adjourned Session of the 2016 Annual Town Meeting, cont... ' t �� 4� APPENDIX A Table 1: Permitted Uses and Development Standards GC RO RS RT CN CR CS C CL CR CM S B O O Q.1.06 Light N N N N N N N N N SP Y manufacturing Q.1.07 Outdoor storage of inoperable or SP N N N N N SP N N N N unregistered motor vehicles APPENDIX B 4.4 TABLE 2,SCHEDULE OF DIMENSIONAL CONTROLS Zoning Districts GC RO RT& CN CRS CS CB CLO �R CM Minimum lot area NR 30,000 15,500 15,500 15,500 20,000 30,000 5 SF SF SF SF SF NR SF AC 3 AC Minimum lot frontage � 150 125 125 125 125 20 175 300 200 in feet Minimum front yard NR 30 30 30 30 30 N� 50 100 25 in feet(a),(b),(h) � I Minimum side yard in NR 15 (d) 15 (d) 20 20 15 NR 30 50 25(fl feet Minimum rear yard in NR 15 (d) 15(d) 20 20 20 10 30 50 25(fl feet Minimum side and rear yard adjacent to, or front yard across NR 15 15 30 30 30 30 50 100 100 the street from a �fl residential district in feet Maximum floor area � ��g� ��g� 0.20 0.20 0.20 2.0 0.25 0.15 0.35 ratio(FAR) �fl Ma�cimum site 15% 15% coverage_ NR �e� �e� 20% 25% 25% NR 20% 25% NR Institutional buildings, maximum height: In stories: 2.5 In feet: (fl 2.5 2.5 3 3 3 2 3 3 NR 40 40 40 45 45 45 30 45 45 65(fl (fl Other buildings, maximum height: In stories: 2.5 In feet: (fl 2.5 2.5 1 2 2 2 2 3 NR 40 40 40 15 25 25 25 30 45 65(fl �fl i�✓V� ��j � March 23, 2016 Adjourned Session of the 2016 Annual Town Meeting, cont... iY� SCHEDULE OF DIMENSIONAL CONTROLS FOOTNOTES: As used in the Schedule of Dimensional Controls, symbol "NR"means no requirements, "AC" means acres, "SF"means square feet, and"feet"means linear feet. a. Where lawfully adopted building lines require yaxds in excess of these requirements, the building line shall govern. b. The minimum front yard for any other street,which is not the frontage street(see definition), shall be 2/3 of that required for the frontage street. In the case of nonresidential uses located in the RO, RS, or RT Districts (see Table 1) or for uses located in the CM District,the minimum front yard facing all streets shall be the same as that for the frontage street. c. Except ten-foot yard on Muzzey Street, Raymond Street,Vine Brook Road and Wallis Court for lots abutting these streets. d. For institutional uses (see Table 1)the minimum setback for a building shall be the greater of 25 feet or a distance equal to the height of the building as defined in § 4.3. For other nonresidential uses (see Table 1), increase the required side yard to 20 ft. plus one ft. for every '/2 acre (or fraction thereo� over 1/2 acre lot area. e. Applicable only to uses permitted by special permit. f. This limit may be waived by special permit. g. For institutional uses (see Table 1),the maximum floor area ratio shall be 0.25. h. Along the southwesterly side of Bedford Street between the Northern Circumferential Highway (Route 128) and Hartwell Avenue there shall be a front yard of 233 feet measured from the base line of Bedford Street as shown on the Commonwealth of Massachusetts layout 4689, date June 3, 1958, and shown as a�iliary base line "F on the State Highway Alteration layout 5016, dated August 30, 1960. 8:34 p.m. Mr. Hornig presented the requested action, explaining that the intent of the article was to add a zoning district for governmental and civic uses. He stated that the article was presented at the 2015 Annual Town Meeting and that changes had been made to the motion. He said the zoning district would give the Town protection for certain properties, especially municipal land owned by other towns. � 8:43 p.m. Mr. Hornig asked the Moderator to accept a motion to make a small change to I, Section 8 related to dates. He made the following motion: MOTION: Move to amend the motion as it is set forth in the Planning Board's Report by replacing the date in Section 8 of March 16, 2015 with March 23, 2016. 8:43 p.m. With no questions,the Moderator called for a voice vote on the motion to amend. Unanimously Adopted. 8:44 p.m. Selectman Suzanne Barry reported unanimous support of the Board of Selectmen. 8:45 p.m. There were a number of questions from the floor regarding non-conforming properties, possible changes to land held in conservation, differences from the article presented in 2015, and impacts to siting facilities such as a future Fire Station. Mr. Hornig responded. 9:1 1p.m. David Kaufman, Pct. 6, moved the question. Motion Adopted. 9:12 p.m. Following electronic vote tallying,the Moderator declared Article 38 as amended Adopted, by the necessary two-thirds by a vote of: Yes No Abstain 146 10 5 9:14 p.m. Presented by Richard Canale, member, Planning Board. ARTICLE 29: AMEND ZONING BYLAWS—NEIGHBORHOOD CONSERVATION DISTRICTS r MOTION: That the General Bylaws of the Town be amended as set forth in the motion • attached to the report of the Planning Board on this article,a copy of which is on file with the Town Clerk and the Planning Board, and further that non-substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Lexington. MOTION FOR ARTICLE 29 PER PLANNING BOARD REPORT A. Add a new Chapter 78 to the Code of Lexington as follows: — ---1— ----- - ------ -- -- �f��5 � March 23, 2016 Adjourned Session of the 2016 Annual Town Meeting, cont... Chapter 78 Neighborhood Conservation Districts 1. PURPOSES (a) This Bylaw enables the establishment of Neighborhood Conservation Districts (NCDs) in the Town of Lexington for the following purposes: (i) to recognize that the Town of Lexington contains unique and distinctive neighborhoods and areas which contribute significantly to the overall chaxacter and identity of the Town and which are worthy of preservation and protection. The Town aims to preserve,protect, and enhance these neighborhoods through the establishment of �, Neighborhood Conservation Districts; L� ii to romote conservati ( ) p on and preservation of existing buildings; to encourage new construction that will complement and be compatible with existing Buildings, Structures, Settings and neighborhood character; and to foster appropriate reuse and upgrading of Buildings and Structures in designated neighborhoods; (iii) to provide residents and property owners with the opportunity to participate in planning the future of their neighborhoods; (iv) to promote wider public knowledge about and appreciation for Lexington's distinctive neighborhoods and their Buildings, Structures and Settings; (v) and by furthering these purposes,to enhance public welfare by offering current and potential Lexington residents a variety of neighborhoods from which to choose, thereby making the Town a more attractive and desirable place in which to live and work. (b) An NCD designation is intended to enable the neighborhood and the buildings within it to be able to adapt to meet the needs of current and future owners, while conserving the neighborhood's distinctive character. (c) An NCD designation identifies a neighborhood and specifies its distinctive architectural, aesthetic, historical, cultural, economic, and social contributions to the development of the Town of Lexington's character. � 2. DEFINITIONS � � Alteration -- any change to the exterior of a Building, Structure or Setting, or part thereof, `-- including construction, demolition,moving, reconstruction, rehabilitation, removal, replication, restoration, similax activities, or significant changes to the site itself. Building—a combination of maferials forming a shelter for persons, animals, or property. Building Commissioner--the Building Commissioner of the Town of Lexington. Certificate of Compatibility—a form created and issued by the NCD Commission under this Bylaw which states that a proposed plan for Construction or Alterations to a Building, Structure or Setting within an NCD meets the Regulations and Guidelines adopted for that NCD, and which is signed by that NCD Commission's Chair or other officially delegated person responsible for its issuance. Certificate of Non-Applicability—a form created and issued by the NCD Commission under this Bylaw, which states that proposed changes to a Building, Structure, or Setting within an NCD are not subject to review under this bylaw, and which is signed by that NCD Commission's Chair or other officially designated person. Certificate of Hardship—a form created and issued by the NCD Commission under this Bylaw, which states that owing to conditions especially affecting the Building or Structure but not affecting the NCD generally, failure to issue a Certificate of Compatibility would result in a substantial hardship to the applicant and that such application may be approved without substantial detriment to r^ the public welfare and without substantial derogation from the intent and purposes of the NCD, and . which must be signed by that NCD Commission's Chair or other officially designated person.. '� Construction—the erection of a new Building or Structure. Demolition—the act of pulling down, destroying, removing, or razing a Building or Structure or any substantial portion thereof or the act of commencing the work of total or substantial destruction with the intent of completing the same. "Demolition" as used herein sha11 be deemed to include Demolition by Neglect. Demolition by Neglect- A process of ongoing damage to the fabric, viability or functionality of an unoccupied building leading towards or causing its eventual demolition due to decay, structural failure or severe degradation over a period of time as a result of a generallack of maintenance; �� N� March 23, 2016 Adjourned Session of the 2016 Annual Town Meeting, cont... failure to secure the building from pests or vandals; or failure to take reasonable measures to prevent the ingress of water, snow, ice, and wind through the roof, walls, or apertures. Exterior Architectural Features—such portions of the exterior of a Building or Structure, including but not limited to the architectural style and general arrangement and Setting thereof;the type and texture of exterior building materials; and the type and style of windows, doors, lights, signs and other appurtenant fixtures. Guidelines—advisory guidelines, duly adopted under this Bylaw,to guide the review of proposed Construction or Alteration within a particular designated NCD. Historical Commission --the Lexington Historical Commission. ' Neighborhood Conservation District or NCD - a district approved by Town Meeting for those properties within a NCD Area that are not Opted Out Properties. NCD Area the total geographic area covered by all of the properties studied under each Section 3 Study. NCD Commission - a public body established under this Bylaw with the authority to review and approve or disapprove proposed Construction or Alteration to a Building, Structure, or Setting in the NCD for compatibility with the Design Guidelines established for that NCD. A separate NCD Commission shall be established for each designated NCD. Opted Out Properties—Properties in NCD Areas which shall be excluded from an NCD designation in accordance with Section 3(e). Petition - a document signed by at least 10 Property Owners, one signature per property, of a neighborhood stating the desire of the Property Owners to form an NCD, and including the supporting materials required to initiate the study process by which an NCD is established. Planning Board --the Lexington Planning Board. Property Owner- an owner of a properly as listed on the Town of Lexington's property tax rolls at the relevant time. Regulations—mandatory regulations which describe the authority vested in the NCD Area's NCD Commission, duly adopted under this Bylaw. "� Report-the document prepared by a Study Committee recommending favorable or unfavorable i action on a Petition to establish an NCD. Setting-the characteristics of the site of a Building, Structure or undeveloped property, including, but not limited to, placement and orientation of the Building or Structure, and vegetation and landscaping. Structure- a combination of materials other than a building, including a sign, fence, wall, terrace, walk, or driveway. Study Committee-the group of five people appointed to review, recommend or reject a Petition to create an NCD, as described in Section 3(c), or amend an existing NCD, as contemplated in Section 3(i). Temporary Structures—structures which have no permanent foundation, and are intended to remain on a property only for a brief period of time, not to exceed 60 days. 3. DESIGNATION OF NEIGHBORHOOD CONSERVATION DISTRICTS (a) To be considered for designation as an NCD, a neighborhood must satisfy the following criteria: (i) The proposed NCD Area as a whole constitutes a recognizable neighborhood which has a distinctive character, and (ii) the proposed NCD Area contains Buildings, Structures, or Settings that are ' significant to the architectural, aesthetic, culiural, economic or social history of Lexington; OY (iii) the proposed NCD Area has generally cohesive features, such as the scale, size,type of construction, materials, or style or age of its Buildings and Structures, or its land use patterns and landscaping. (b) The designation of an NCD shall be initiated by Petition of neighborhood Property Owners, submitted to the Historical Commission and containing signatures of at least 10 Property Owners electing to be included in the proposed NCD Area, one signature per property, which petition shall also include: ----------— ___-- -- — - -------�------------ �—-__ ------------- -- - . ��0�_ N� March 23, 2016 Adjourned Session of the 2016 Annual Town Meeting, cont... (i) a general statement of the architectural, aesthetic, cultural, economic, social or historic qualities of the proposed NCD Area which make it appropriate for NCD designation, or (ii) a description of the cohesiveness of the proposed NCD Area in terms of scale, size, type of construction, materials or style or age of its Buildings and Structures, or its land use patterns and landscaping; and (iii) a preliminary map of the proposed NCD Area, and (iv) a general outline of the scope of the Regulations and Guidelines that would be � proposed for the NCD. � (c) Upon receipt of a Petition for NCD designation,the Historical Commission shall within 30 days hold a public hearing, notifying all Property Owners in the proposed NCD Area and all property owners within 100 feet of the proposed NCD Area, at the address for such owners as listed in the then current real estate tax list of the Board of Assessors. Following such public hearing, the Historical Commission, by majority vote, shall determine whether the proposed NCD would be appropriate under the criteria set forth in Section 3(a). If the Historical Commission determines that a.n NCD would be appropriate, it shall convene a Study Committee to investigate and prepare a Report on the appropriateness of such a designation for the proposed NCD Area. The Study Committee shall consist of five members, of which one shall be a designee of the Planning Board; one shall be a designee of the Historical Commission, and three shall be residents of the proposed NCD Area who shall be appointed by the Town Manager. When reasonably possible,the Study Committee should include an architect, landscape architect, or historic preservationist. Notice of a Study Committee's appointment shall be conveyed to all Property Owners in the proposed NCD Area and a11 property owners within 100 feet of the proposed NCD Area, at the address for such owners as listed in the then current real estate tax list of the Board of Assessors, and such information shall also be made available,to the extent practicable,to prospective buyers through distribution to real estate brokers with offices in Lexington. (d) The Study Committee, working with residents of the proposed NCD Area, shall meet to evaluate the appropriateness of an NCD designation for the proposed NCD Area; all such meetings �..._. being public meetings open to all interested parties. Within one year of its appointment, the Study ) � Committee shall determine, by a supermajority of four positive votes, whether an NCD is i ' `J appropriate, and shall prepare and file with the Historical Commission and the Planning Board a written Report explaining its decision. If the Study Committee determines that an NCD designation is appropriate, such Report shall propose draft text for the applicable Regulations and Guidelines to be presented to Town Meeting, which shall include: (i) a statement of the significant architectural, aesthetic, cultural, economic, social or historical qualities of the proposed NCD Area, or (ii) a description of the cohesiveness of the proposed NCD Area in terms of scale, size, type of construction, materials or style or age of its Buildings and Structures, or its land use patterns and landscaping; and (iii) a map of the geographic boundaries of the proposed NCD Area, and (iv) a statement describing the nature of the authority to be vested in the proposed NCD Area's NCD Commission, proposed Regulations implementing such authoriTy and proposed Guidelines for the NCD. (e) A public hearing shall be convened jointly by the Historical Commission and the Planning Board within 60 days after the filing of a completed Report to discuss the Study Committee's findings. Public notice sha11 be given by publication in a newspaper of general circulation in the Town not less than 14 days before the day of the hearing, by posting such notice in a conspicuous place in the Town for a period of not less than 14 days before the day of such hearing, and by conveying said notice by certified mail to all Property Owners in the proposed NCD Area and to property owners within 300 feet of the proposed NCD Area, at the address for such owners as listed in the then current real estate tax list of the Board of Assessors. Said notice shall state that the Report is available in the Planning Office and online at the Planning Board and Historical Commission web sites, and that Property Owners in the proposed NCD Area may request a printed copy of the Report at the Planning Office. Said notice shall also include the procedure and expiration date by which any Property Owner can elect, by right, to exclude their property from an NCD designation that may occur through this designation process. Each such property is herein called an Opted Out Property. (fl Within 30 days of the close of the public hearing, but after the time period for determining Opted Out Properties has expired,the Historical Commission and the Planning Board shall hold a �:=�', �� March 23, 2016 Adjourned Session of the 2016 Annual Town Meeting, cont... joint meeting to incorporate any changes based upon public input and eliminate properties within the NCD Area from potential NCD inclusion. If more than 25% of the Properties in the NCD Area(one signature per property) are Opted Out Properties,then the Historical Commission and Planning Board, acting jointly, may at their option, redraw the proposed boundaries of the NCD Area to exclude certain properties if it results in a revised NCD Area that maintains the integrity of the Study findings and contains at least 75 % of NCD Study Area Properties. Only if the original or revised NCD Area contains at least 75 % of NCD Study Area Properties may the NCD designation go forward. In that case,the Historical Commission and Planning Board, acting jointly, shall vote on a recommendation for NCD designation. If the vote is to not recommend an NCD designation,then the proposed designation `� shall be deemed rejected. If an NCD is favorabl recommended b the Historical Commission and the Plannin Board, acting 1� Y Y g jointly,they sha11 prepare a Town Meeting warrant article incorporating the NCD designation, Area, Regulations, and Guidelines, and forward it to the Selectmen for consideration at Town Meeting. A positive majority vote by Town Meeting is required to approve the NCD. (g) Each NCD, as adopted by Town Meeting, shall identify its specific Regulations and Guidelines, establishing the nature and scope of review authority granted to the corresponding NCD Commission under this Bylaw for activities within the NCD, including, but not limited to, selecting categories and types of Construction or Alteration that are exempt from or subj ect to review. The Regulations shall permit accommodations for disability as required by the Fair Housing Act. (h) The establishment of an NCD shall not be construed to prevent the Construction or Alteration of a Building or Structure located in the NCD under a building permit, zoning permit or other municipal approval duly issued prior to the effective date of that NCD's establishment by Town Meeting. (i) Amendments to an NCD (including changes to Regulations, Guidelines, and the boundaries of the affected NCD), may be proposed by petition of 10 Property Owners in the NCD, one signature per property, by the applicable NCD Commission, by the Historical Commission, or by the Planning Board. Upon receipt of a written request for any such amendment, the Historical Commission shall hold a public hearing, notifying all Property Owners in the NCD and a11 property owners within 100 feet of the NCD, at the address for such owners as listed in the then current real estate t� list of the Board of Assessors. Within 30 days of such public hearing, the Historical ! Commission, by majority vote, shall determine whether the proposed amendments would be appropriate and may, at its option, appoint a Study Committee in the manner described in Section 3(c)to prepare a report with its recommendations. If the Historical Commission deems that the proposed changes are within the scope of the original Study,the Historical Commission shall bring the proposed amendments to Town Meeting for approval by majority vote. If the Historical Commission finds that significant changes are being proposed, the process outlined beginning in Section 3(d) shall then be followed. (j) The dissolution of an NCD may be proposed by petition of Property Owners in the NCD, one signature per properiy, that constitute 67% of all Property Owners in the NCD. Upon receipt of a written request for any such dissolution,the Historical Commission sha11 hold a public hearing, notifying all Property Owners in the NCD, at the address for such owners as listed in the then current real estate tax list of the Board of Assessors. Within 30 days of such public hearing, the Historical Commission,by majority vote, may, at its option, appoint a Study Committee in the manner described in Section 3(c) and shall prepare a report with its recommendations. The Historical Commission shall then forward an NCD bylaw dissolution article to the Selectmen for consideration at Town Meeting for approval by majority vote. (k) All expenses of notice and advertisement for the establishment, modification, or dissolution of an NCD shall be borne by the petitioners. Any petition shall be accompanied by an agreement to pay these expenses. 4. NCD COMMISSIONS (a) Following Town Meeting approval of an NCD designation, and recording of a boundary map of the NCD at the Middlesex South Registry of Deeds, a NCD Commission shall be appointed under this bylaw and shall consist of five members and two alternates. One member and one alternate shall be appointed by the Historical Commission and one member shall be appointed by the Planning Board. Three members and one alternate shall be residents of the NCD,to be appointed by the Town Manager. When reasonably possible,the NCD Commission shall include an architect,historic preservationist, or landscape architect. (b) Members and alternates of the NCD Commission shall initially be appointed for staggered terms, and to two-year terms thereafter. Members who are residents of the NCD shall initially be --- -------- — -----___-----------------r----- --- �-- �f��9 �� March 23, 2016 Adjourned Session of the 2016 Annual Town Meeting, cont... appointed to staggered terms, and to three-year terms thereafter. Each NCD Commission member or alternate may continue to serve in office after the expiration of his or her term until a successor is duly appointed. 5. REVIEW OF CONSTRUCTION AND ALTERATIONS (a) The Regulations and Guidelines for each NCD shall esta.blish the extent of review required for any Construction or Alteration proposed within that NCD. (b) Except as otherwise provided in this Bylaw or in the Regulations and Guidelines of an NCD, no Building, Structure, or Setting within a NCD shall be Constructed, Demolished, or Altered in �� any way not exempt from review, and no permit shall be issued for such Construction, Demolition, ` or Alteration, unless the NCD Commission shall first have issued a Certificate of Compatibility, a Certificate of Non-Applicability, or a Certificate of Hardship. (c) Exemptions from Review: (i) All of the following categories or types of Construction and Alterations shall be exempt from review by the NCD Commission: (1) Temporary structures, (2) Interior alterations, (3) Storm windows, storm doors, and screens, (4) Color, (5) Accessory Buildings of less than 120 square feet of floor area and less than 10 feet in height, (6) Alterations and Exterior Architectural Features that are not visible from a public way or other areas open to public access, including but not limited to, a public street,public way,public park or public body of water, (7) The ordinary maintenance, repair or replacement in kind of Exterior Architectural and Landscaping Features or changes made to meet requirements � deemed by the Building Commissioner to be necessary for public safety because of � � an unsafe or dangerous condition, or �-- (8) Changes explicitly permitted by other laws, including but not limited to laws related to Zoning, Subdivision Control, and Fair Housing. (ii) In addition,the Regulations and Guidelines for an NCD may provide for other categories or types of Construction or Alterations within that NCD that shall be exempt from review by its NCD Commission. (iii) Any Property Owner may request, and the NCD Commission shall issue, a Certificate of Non-Applicability for any Construction or Alteration that is exempt from the review of the NCD Commission pursuant to the foregoing. (d) Review: (i) Any person proposing Construction or Alteration not exempt from review sha11 first file an application with the NCD Commission for a Certificate of Compatibility or Certificate of Hardship, in such form as the NCD Commission may reasonably determine, together with such plans, elevations, specifications,photographs, description of materials, and other information as may be reasonably deemed necessary by the NCD Commission to enable it to make a determination on the application. The date of the filing of an application shall be the date of the receipt of the completed application by the NCD Commission. (ii) Following submission of an application deemed complete by the NCD Commission, the chair of the NCD Commission shall determine within 14 days whether the application involves features that are subject to review by the Commission. If the chair of the NCD w determines that the application is subject to review, the NCD Commission shall hold a public hearing within 45 days of the original filing date. Public notice of the time,place and purpose of the hearing shall be given at least 14 days prior to the hearing date by publication in a newspaper of general circulation in the Town and by conveying said notice to the applicant and all owners of properties within 100 feet of the property, at the address for such owners as listed in the then current real esta.te tax list of the Board of Assessors, all at the expense of the applicant. (iii) Following the close of the public hearing, the NCD Commission shall determine whether the proposed Construction or Alteration is compatible with the Regulations and Guidelines established for that NCD. If the NCD Commission determines that the proposed �, r, 9�. '"f N� March 23, 2016 Adjourned Session of the 2016 Annual Town Meeting, cont... Construction or Alteration is compatible with the general Regulations and Guidelines, it sha11 issue a Certificate of Compatibility. If the NCD Commission determines that the Construction or Alteration is not compatible, the NCD Commission shall provide the applicant with a written statement of the reasons for its disapproval. A Certificate of Hardship may be issued if the NCD Commission determines that, owing to conditions especially affecting the Building or Structure but not affecting the NCD generally, failure to issue a Certificate of Compatibility would result in a substantial hardship to the applicant and that such application may be approved without substantial detriment to the public welfare and without substantial derogation from the intent and purposes of the NCD; provided that upon elimination of the hardship condition, any incompatible Construction or Alteration shall promptly be removed. (iv) If the NCD Commission fails to issue a Certificate or statement of disapproval within 60 days after the filing of the application, or such further time as the applicant may allow in writing, the Certificate shall be deemed granted. (v) The NCD Commission sha11 within seven days file with the Building Commissioner copies of all Certificates issued by it as well as any determinations of disapproval. (vi) The Regulations and Guidelines for the NCD may provide that certain categories or types of Construction or Alteration shall be subject to advisory,non-binding review by the NCD Commission, or an owner may request such non-binding review of an otherwise exempt Construction or Alteration, in which event the review procedures shall be followed, but without the NCD Commission voting or rendering a binding determination. 6. DECISION CRITERIA (a) In passing upon matters before it, the NCD Commission may consider, axnong other things: (I) the architectural, aesthetic, cultural, economic, social or historical value and significance of the particular Buildings, Structures or Settings affected, as well as the effects of the same on the NCD; (ii) the suitability of the Construction's, Alterations' or Setting's general design, arrangement, and composition of its elements on the distinctive character of the NCD; the effect on the cohesiveness of the NCD in terms of scale and massing of the proposed ;"l� changes relative to nearby Buildings and Structures in the NCD, the type of construction, � style,the textures and materials of the features involved in the proposed Construction or Alteration; (iii) the Setting and landscape characteristics, including their relationship to the street, topography, and existing vegetation, including mature trees, of the particular site involved in the Construction or Alteration, as well as the effects of same on the NCD; (iv) for demolitions, the Building, Structure, or Setting proposed to replace those demolished; (v) alterations necessary for conditions of hardship, as contemplated in Section 5(d)(iii); and (vi) all such other standards, factors, and matters contained in the Regulations and Guidelines for the NCD. (b) In making its determination, the NCD Commission shall, among other things, allow for appropriate architeciural diversity and encourage the compatible updating, expansion and renovation of Buildings and Structures in the NCD consistent with the distinctive characteristics of the NCD. 7. DEMOLITION BY NEGLECT (a) If the NCD Commission has reason to believe, through visual inspection or other means, _ that a Building or Structure in the NCD may be undergoing Demolition by Neglect, then the NCD Commission shall notify the Building Commissioner and the Property Owner, and the NCD Commission and the Building Commissioner shall jointly hold a public hearing to determine whether it is undergoing Demolition by Neglect, which sha11 require the concurrence of the Building Commissioner. In fizrtherance of determining its condition,the NCD Commission may, at any time,request an inspection of the Building or Structure by the Building Commissioner. b) If the NCD Commission and the Building Commissioner both determine that the Building or Structure is undergoing Demolition by Neglect, the NCD Commission and the Building Commissioner shall attempt to negotiate a voluntary agreement with the Property Owner for appropriate and timely repairs sufficient to structurally stabilize the Building or Structure and prevent further deterioration. ------- ---_------- — —r --- —__---_ _--- — — --- T_ � �9-��: N� March 23, 2016 Adjourned Session of the 2016 Annual Town Meeting, cont... (c) In the event that the NCD Commission and the Building Commissioner both determine that they are not able to negotiate such an agreement with the Property Owner, for any reason, or that the Property Owner has agreed to undertake but has failed to satisfactorily complete such repairs in a timely manner,then the NCD Commission and the Building Commissioner may take such action as is permitted under Section 9, including seeking a court order that specific repairs be undertaken to secure the Building or Structure against the elements, vandals and vermin;to halt further deterioration; and to stabilize it structurally. The NCD Commission may forbear from commencing an action in court for any reason. (d) Upon completion of all repairs that have been agreed upon between the Property Owner and � the NCD Commission and the Building Commissioner or that have been ordered by the NCD 1�: Commission and the Building Commissioner, or that have been ordered by the court, and upon certification by the Building Commissioner that said repairs have been completed,the NCD Commission shall certify that the Building or Structure is no longer undergoing Demolition by Neglect. 8. REVISION OF REGULATIONS AND GUIDELINES The NCD Commission shall meet periodically with the Property Owners in the NCD for the purpose of determining whether the NDC Regulations and Guidelines are still appropriate. The first of these meetings shall occur three years from the date of the District's designation as an NCD, and shall occur at no less than seven-year intervals thereafter. 9. JUDICIAL REVIEW, ENFORCEMENT,AND LAPSE (a) The Building Commissioner shall be charged with the enforcement of this Bylaw. The Building Commissioner is authorized to institute any and all proceedings in law or equity, as he deems necessary and appropriate to obtain compliance with the requirements of this by law, or to prevent violation thereof. (b) Anyone found in violation may be fined not more than$500 for each day such violation continues, each day constituting a separate offense. In addition, no building permit shall be issued with respect to any premises upon which a Building or Structure subject to the provisions of this bylaw has been voluntarily altered or demolished in violation,of this bylaw for a period of two years ;; after the date of the completion of such demolition or Alteration or the date by which the Historical I � Commission and the Building Commissioner both have determined that a building is undergoing �-- demolition by neglect, whichever date is later, except pursuant to the issuance of a building permit pursuant to an agreement reached under Section 5(e), or as otherwise agreed to by the Historical Commission and the Building Commissioner. As used herein "premises" includes the parcel of land upon which the demolished Building or Structure was or is located. (c) Any party aggrieved by a determination of the NCD Commission may, within 20 days after the filing of the notice of such determination with the Building Commissioner file a written request with the NCD Commission for a review by a joint meeting of the Historical Commission and Planning Board. The Historical Commission and Planning Board shall hold a public hearing within 45 days of the request. Public notice of the time, place and purpose of the hearing shall be given at least 14 days prior to the hearing date by publication in a newspaper of general circulation in the Town and by conveying said notice to the applicant and all owners of properties within 100 feet of the property, at the address for such owners as listed in the then current real estate tax list of the Board of Assessors, all at the expense of the party aggrieved. The findings of this joint hearing, which may sustain ar overrule the prior decision of the NCD Commission, sha11 be filed with the Building Commissioner within 60 days of the request, and shall be binding on the applicant and the joint committee, unless a further appeal is sought in a court with jurisdiction. (d) Certificates of Compatibility and Certificates of Hardship shall expire in 18 months, plus such time as may be required to pursue or await the determination of a judicial review as provided above, from their date of issuance, if construction has not begun by such date. Notwithstanding the above, the NCD Commission may grant one or more extensions, of up to six months each, if there are unavoidable delays. � 10. EXISTING BYLAWS NOT REPEALED (a) Nothing contained in this bylaw shall be construed as repealing or modifying any existing bylaw or regulation of the Town, but it shall be in addition thereto. If this bylaw imposes greater restrictions upon the Construction or Alteration, of Buildings, Structures or Settings than other bylaws or provisions of law, such greater restrictions shall prevail. B. Amend Section 19-1 of the Code of Lexington to delete the words "which are outside historic districts.": �9.� `I N� March 23, 2016 Adjourned Session of the 2016 Annual Town Meeting, cont... C. Amend the definition of Significant Building in Section 19-2 of the Code of Lexington by replacing the words "not within an Historic District"with"neither under the jurisdiction of the Historic Districts Commission or a Neighborhood Conservation District Commission." 9:14 p.m. Mr. Canale moved that the Planning Board's Report on Article 29 be received and placed on file. Unanimously Adopted. 9:14 p.m. He stated that Article 29 responded to resident concerns regarding maintaining neighborhood integrity and explained the process of establishing a Neighborhood Conservation District. 9:22 p.m. Dawn McKenna, Pct. 6,served Notice ofReconsideration ofArticle 38. � 9:24 p.m. Mr. Canale presented a series of slides of various neighborhoods and explained how conservation districts had been approved in the Town of Wellesley. 9:31 p.m. As shown on the final slide in his presentation, Mr. Canale moved the following amendment to Section 9 for the purpose of correcting errors. MOTION: 1. Amend Proposed Motion, Section 9(b), as shown: 9. JUDICIAL REVIEW,ENFORCEMENT, AND LAPSE (b) Anyone found in violation may be fined not more than $500 for each day such violation continues, each day constituting a separate offense. In addition, no building permit shall be issued with respect to any premises upon which a Building or Structure subject to the provisions of this bylaw has been voluntarily altered or demolished in violation of this bylaw for a period of two years after the date of the completion of such demolition or Alteration or the date by which the Ts��NCD Commission and the Building Commissioner both have determined that a building is undergoing demolition by neglect, whichever date is later, except pursuant to the issuance of a building permit pursuant to an agreement reached under Section�{e-}7�, or as otherwise agreed to by the��NCD Commission and the Building Commissioner. As used herein "premises" includes the parcel of land upon which the demolished Building or Structure was or is located. 2. Amend Proposed Motion, by deleting Parts B and C of the Proposed Motion, as shown: « ��er��nc�s.": « » « » 9:32 p.m. With no questions on the amendment, the Moderator called for a voice vote. Unanimously Adopted. 9:33 p.m. Selectman Joseph Pato reported the unanimous support of the Board for Article 29. 9:34 p.m. Lynn Hopkins, Chair of the Historic Districts Commission, reported unanimous support of the Commission. 9:35 p.m. Sally Zimmerman, member of the Historical Commission, reported unanimous support of the Commission. 9:37 p.m. Mr. Canale answered a variety of questions regarding property transfer in Neighborhood Conservation Districts, issues of housing diversity,the process of opting out, and whether there would be unintended consequences of the zoning change. 9:46 p.m. Deborah Strod, Pct. 6, spoke is support. 9:50 p.m. Franklin Smith, Pct. 3, questioned the number of homes needed to set up a neighborhood conservation district. Mr. Canale responded. 10:03 p.m. Donna Moultrup, 10 Lockwood Road,urged support. 10:15 p.m. Marsha Baker, Pct. 7, moved the question. Motion Adopted. 10:16 p.m. Following electronic vote tallying,the Moderator declared Article 29 as amended Adopted by a vote of: ' Yes No Abstain 96 55 4 10:18 p.m. Selectman Joseph Pato moved adjournment to Monday, March 28, 2016, 7:15 p.m., at the Lexington High School, Donald J. Gilespe, Jr. Auditorium, 251 Waltham Street. Motion Adopted. A true copy. Attest ��%� 'C ' - w Nat alie L. Rice, Town Clerk _ -�- ------------ -- �— -- ----------------_ ��9� N tL March 28,2016 Adjourned Session of the 2016 Annual Town Meeting Moderator Deborah Brown called the third session of the 2016 Annual Town Meeting to order at 7:21 p.m., Monday, March 28, at the Lexington High School, Donald J. Gilespe, Jr. Auditorium, a quorum in excess of 100 members present. 7:24 p.m. The Moderator called a recess for the recognition of high school seniors from Lexington High School (LHS) and Minuteman Regional High School (MMRHS). Principal Lara Lasa recognized the LHS seniors; Superintendent Dr. Edward Boquillon recognized the MMRHS � seniors. Representative Kay Kaufman presided. �- 7:46 p.m. The Moderator called the meeting back to order, made announcements and called for the testing of the electronic voting devices. She declared the Meeting open under Article 2. ARTICLE 2: REPORTS OF TOWN BOARDS AND COMMITTEES 7:50 p.m. Glenn Parker, Chair, Appropriation Committee, moved the Report of the Appropriation Committee be received and placed on file. Unanimously Adopted. Mr. Parker presented the Committee's Report. 7:51 p.m. William Hurley, Chair, School Committee, moved the Report of the School Committee be received and placed on file. Unanimously Adopted. He asked the Moderator to recognize Superintendent, Dr. Mary Czajkowski, to present the FY17 School Committee Report. 7:51 p.m. Dr. Czajkowski presented the School Committee's budget under Article 4, reporting the unanimous support of the Committee. She shared her vision statement,reviewed budget highlights, addressed MCAS and district rankings, salaries and wages, and student enrollment. She stated a commitment to continued program excellence,thanking her staff and Town Meeting members. 8:02 p.m. David Horton, Pct. 8, Lexington's representa.tive to the Minuteman Regional High School Committee, moved the Report of the Committee. Unanimously Adopted. Mr. Horton asked the Moderator to recognize Dr. Edward Boquillon, Superintendent. 8:03 p.m. Dr. Boquillon discussed the regional agreement under consideration, stating that member towns would be requested to authorize debt for an anticipated new high school. He stated r--- ; , that design enrollment of the new high school would be 628 students, and addressed issues related ' to bus transportation, staffing, and revenue. �"� 8:15 p.m. The Moderator declared the Meeting open on Article 4. 8:15 p.m. Presented by Selectmen Joseph Pato. ARTICLE 4: APPROPRIATE FY2017 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. 'Proqrem 1000: Education Personai Services . . S 81,785,398 Expenses ! $ 15,507,901 ` __ __ _ . _.... Total Line kem 1100, Lexington Pubiic Schoois I $ g7�Zgg�Zgg ' __ . __ . __� _ 1200 Regional Schools $ 1,377,449 : _ _ _. __ _ Proarem 2000: Shared Exoenses _ _ _ _.. _ _ _ _ _ _ _ __ _ _ _ ____.. 2'110 Contributory Retirement ! $ 5,505,537 _ _ _ __ _ _ . _._. _ _ . 2120 Non-Contributory Retirement 5 13,837 _ _ _ _ _ ' 2130 Empioyee Benefits(HIth/Dental/VteJMedicare) $ 26,239,240 ' _ _ __. _ _ 2140 Unempioyment S 200,000 ___ _ __ --_.. _.. .______ ..._.._.�_ ___ _.....___ .,_... .. ._._._ .. __ .. 2150 Workers'Comp.(MGL Ch. 40, Sec. 93A&13C)` 5 747,665 ; 2160 PropeRy&Liability Insurance $ 675,952 ' _ _ _ _ _ __ _. _. : 2170 Uninsured Losses(MGL Ch. 40 Sec. 93)* I $ 225,000 _. _ . . . _ _ : __. __.. 2200 Debt Service __ _ . _ .. 2210 Payment on Funded Debt S 5,904,336 ' _ _ _ _ .. 7120 Interest on Funded Debt _ $ 1,039,068 ': _ _ __. . _ _... _ 2230 Tempcxary Borrowing I $ 255,624 ' __ _..._ .. -- -...... _.. .._ __ _. 2310 Reserve Fund ----_ __...___ „ .�_____ __,._... _..._.......� ..- ---. . �__ S 900 000� __ __,-- - ...__._ _ _ ,__ __..��--�.__.__. �� 2400 Facilities �� __ _ . __ _ 5 10,002,416 , _,__. _...._�. _.___, . .._.___ „_.____._. . _.__. _,___. _._ _.__. .,_. --.------.-- .- --._..__. _�_.._ Proqram 3000: Public Works 310035�DPW Personal Senrices . S 3,94s,781 --.. _. . __ _ __._ __ _ _ . _ _.____ _._ .v. _ 31003500 DPW Expenses ---- . ____._ . __._ .. _. __. $ 5,083,458 '' _. _ . __ __ _ ��`# �" �l'� March 28, 2016 Adjourned Session of the 2016 Annual Town Meeting, cont... __ _ __ . _ _ _ _ _ �Program 4000: Public Safety � �� ;.__�.� _�____ _��..._____ -- -�- --- --- -- . __ _- - - _ ._ __ _ --.__.._ 4100 Law Enforcement Personal Sen�ices '---,-------.--._____ -.---____, ___-- ----___.. ___..... $ 5 940 478 ....__.._ _�..._ . --.-- -__,_____, __..._ ._ . .__...._• 4100 Law Enforcement Expenses $ 843,373 — __ ____________.,____�_._._._..._ _ .._--_. -- ---- _. ... _ �., ._. 4200 Fire Personal Services � �� $ 5,867,505 �� __�..�._..�___ __._.._ _.._.-- ---- --- -__._.__ .� __._ .... ..__ __ __� 4200 Fire Expenses $ 54z,250 � . �--------_.__�__��_��_ ___ �-- ----_.. _ ...__ , . _____ ___.__._. . �__ ---- . __ --_ . __..__ ;Program 5000: Culture&Recreation __._ --- --- -. _ __ _ _ _ . __ � 5100 Library Personal Sennces $ 2,051,126 " �� _. _ _ _ .. 5100 Library Expenses $ 408,527 ' � .�__ _ , .._._.__.___._. ________._._.�_. .- --_- ---- _._ - ___ __,. _._.,� _.,._ .; ;Program 6000: Human Services ________________._ ...___m _ .._....__ .. _. ._ -. -- _�_- ._____ ___., 6000 Human Services Personal Services $ 524,935 ' ____��_.�..�_._.___�_-- ___.__..--- --- --�- �--__ . . _. .. .__. ___.. _ ._._ .___.._�._.. 6000 Human Services Expenses $ 680,979 ' �W____ ____� ._ ____ ___._.__ ____----._.,_� . ._ .___ ___ _---,- --- -�---_ . _...___.� Program 7000: Land Use, Health and De�elopment _._____.____� - ------ ----- -�_ . _ __. ,., ___,.� .__. _.. -. - -_ __ ___._ ---- 7100 Land Use, Health and De�elopment Personal Senrices $ 1,818,489 �___ �___ __ ___________ ._._..__._____��_.__ ----- ____ __--- ---------- ,---- ---___; 7100 Land Use, Health and De�elopment Expenses ! $ 414,153 ' __�_____�T___._.__._._ _____._._ ... v.._.__... _---. . ---- -- ---- _.._ _._ ':Program 8000:General Go�emment --- -- -----__m...__.__.___.__ __.._... __�__. _..__.._.._ .____ - ---_. 8110 Selectmen Personal Services $ 146,424 : -- -- -----__�_�_� _ _ __ �____.._. - -_.__---- __- --__. . ------. ____ . 8110 Selectmen Expenses $ 103,325 ! _ _.__ __�____.__..._..._. _. ._._._._._..__--_ _---- --------- ----- ------- - --- ° 8120 Legal � $ 410,000 �- � _ __.__.__,. ___..__._. .. ......_ _ _ ______.._.__._. .�. _._ __ __. 8130 Town Report $ 13,500 i _______r _____—_�___.________.__ __.�___._....___m...<<____-- -___..... ._...... __ ..___.__ ._,_. _.___._- 8210-8220 Town Manager Personal Services $ 564,064 ____.__ ___ ______ .___.____...__._.__._. .._...... �__.... _ ___ _._.... _.__ . ____ . __� 8210-8220 Town Manager Expenses $ 250,085 ' -__ ,_._ _�_� ____._._.,._ _ __._ _.__ . __ _._ _.__.__ _._- 8230 Salary Transfer Account(MGL Ch.40, Sec 13D)' $ � 673,016 : _.---_��_._.-----_ � ____�___._.____ _.�__ _. .---.------- . . _-- ------- ---______. ---.-- and further that Line 8230 is to be transferred by the Board of Selectmen for contractual — ___.____.___--_._ __-___�__._..___--________..,_, ____ ___._ _-- _--_--, � isettlements within departments upon recommendation of the Town Manager ' , �} _ -- - — - � __ _ 8310 Financial Committees $ 8,000 � _ m__.... .._____, __. _ . _._�____., _ . . __ __. ___. . _. . _ 8320 Misc. Boards and Committees $ 4,500 _�_._.__.___________ _.______.__ .___.____._.. _.____..__ __-- _�-- � -...- � --�- ___ - - _ �__ _ _ - _ 8330 Town Celebrations Committee $ 39,000 __ • _ _ _ _ _ . _ ___; 8400 Finance Personal Senrices $ 1,394,929 ' �._�___�__�__�___________-- -.__._�__.___.. .._._.___. .. _._.. ... _...�. . ....�. .__ _ _.__.__ 8400 Finance Expenses $ 497,995 .____._ ._._.__._ ___ _____._ __ --- ---- -- -__ . --- -.__ . _�.._.._..__.. 8500 Town Clerk Personal Senrices $ 362,681 ' ___�__ __---- - -_.. .. .__�. .._._._ .. _ __ __ ._--- -- ---- ---- -__.___� -------„ 8500 Town Clerk Expenses $ 124,675 � .._---___..�____..________._...___�----- --- ----- ---- . ___. _ ____._ _ __._. ._..._._._ ..__ __.._...� 8600 Information Services Personal Services $ 798,881 ' ----_..___..__.___. _._._._.__....___. �__ ___ .___. -------- ----- -- ___ �-----_...___._.__ _.._...__. 8600 Information Services Expenses $ 1,030,900 _ ____._ _�__ _____��_�__ �_ _._ -- --. ___ _..__. __. . .. . .. ......... ._._ ,.,. ___. ___ 'Note:Asterisk denotes a Continuing Balance Accounx ,�_�_ __--__ �_.______._---_ .______. ._______ _.._-- ----- ----- --__ _ ... ..__. 'and thattheTown transferthefollowingsums to meet,in part,appropriations made atthis Town i Meeti ng: ; $ 1,20Q000 I�Ifrom the Health Claims Trust Fund for line item 2130 __.__.._ ----..__.______ _. __._ . ___ -._._ ._. _ --- ---. __�_. - _.� $ 710,000 'from the Capital Projects Stabilization Fund for line items 2210 and 2220; �__�395,000 �irom th� _�.__.__ ---.--.. . __....._,_ ._ . -- ___._ _._ _._ _. _ __ e Parking Meter Fund for line items 3100-3500 and 4100; r__� - —�________ �__..____.._____._.___ _--__-- ----____ ___.. ___...__ __ _ ; $ 105,000 `ifrom the Cemetery Trust Fund for line item 3100-3500 ��__________________.__ .__�__ __,____. _ _ __ _____..____.___..__._ ..__._._� __._ __�_. . ____� ' $ 137,000 from the TranspoRation Demand Management/Public Transportation 'Stabilization Fund for Appropriations for line items 6000 and 7100; �� -�. __....�__ ._ __ __ _____ __ _._ _.. .._.__ ___. i $ 3,918,300 from Unresen,ed Fund Balance/Free Cash; —.�_��_ ______._._. .__._. ._______ _____ ---- ---- ! $ 877,411 from the Water Enterprise Fund; _ ________ _.._ ____. ___m___ __ ._�---. -_ �__ �_....___ __._�_._ _. _ __.__ , __.. ' $ 503,898 from the Sewer Enterprise Fund; and ' ______��_---------_...___. ._.__.�. ______ . .__. ._._____ - . ____ _.. _ . . __._ _---- ; $ 247,826 from the Recreation Enterprise fund. : 8:15 p.m. The Moderator noted that the motion included recent amendments to Article 4. Members had been provided the amended version of the motion. 8:16 p.m. Selectman Joseph Pato moved the question, stating the unanimous support of the Board. _- -- ----- --- - -------T-- ---_ --------- ----_ _. . -�------ ----- ---- � �9 Q�. �� March 28, 2016 Adjourned Session of the 2016 Annual Town Meeting, cont... 8:16 p.m. Glenn Parker, Chair, Appropriation Committee, reported unanimous support of the Committee. 8:18 p.m. The Moderator read the headings of each section of the FY17 Operating Budget. 8:18 p.m. Iang Jeon, Pct. 1, questioned the CPI index as it related to COLA, wages and contracts. Ian Daily, Director for Finance and Operations for the Lexington Schools, responded. � 8:23 p.m. Masha Traber, Pct. 5, questioned mid-term enrollments. Mr. Daily responded. 8:23 p.m. Members discussed on a variety of aspects of special education services, including enrollment,the LABB program, out of network costs and the impact of special education costs on taxes. � 8:42 p.m. In response to questions regarding shared expenses, Town Manager, Carl Valente, referenced the Town's budget book for the breakdown of shared costs such as retirement and facilities upkeep. 8:47 p.m. With no further questions,the Moderator called the vote on Article 4. 8:48 p.m. Following electronic vote tallying, the Moderator declared Article 4 Adopted, by the necessary two-thirds by a vote of: Yes No Abstain 156 1 3 8:48 p.m. The Moderator called a brief recess to recognize Town Manager, Caxl Valente, who announced the promotion of David Pinsonneault, former Manager of DPW Operations,to the position of Director of DPW. Members applauded. 8:52 p.m. Presented by Selectman Peter Kelley. ARTICLE 5: APPROPRIATE FY2017 ENTERPRISE FUND BUDGETS MOTION: a) That the Town appropriate the following suxns of money to operate the Water Division of the Department of Public Works during fiscal year 2017 under the provisions of M.G.L. Chapter 44, Section 53F1/2: Personal Services $ 699,218 Expenses 404,025 �`; Debt Service 1,408,876 � MWRA Assessment 7,378,622 Total $9,805,227 Said sum to be funded from water receipts and$131,000 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 2017 under the provisions of M.G.L. Chapter 44, Section 53F%2: Personal Services $ 298,234 Expenses 347,525 Debt Service 981,220 MWR.A Assessment 7,311,103 Total $9,334,786 Said sum to be funded from wastewater receipts. c) That the Town appropriate the following sums of money to operate the Recreation and Community Programs Department during fiscal year 2017 under the provisions of M.G.L. Chapter 44, Section 53F1/2: Personal Services/Expenses $2,526,287 Debt Service 100,000 Total $2,626,287 Said sum to be funded from recreation receipts, $375,000 from retained earnings, and a transfer of$253,007 from the tax levy. 8:53 p.m. Mr. Kelley presented the requested action and explained the appropriations under sections (a,b, and c). He reported the unanimous support of the Board of Selectmen. 8:54 p.m. Glenn Parker, Chair, Appropriation Committee reported unanimous support of the Committee. �� ' Mat-ch 28, 2016 Adjourned Session of the 2016 Annual Town Meeting, cont... 8:55 p.m. With no questions from the floor,the Moderator called the vote. 8:56 p.m. Following electronic vote tallying, the Moderator declared Article 5 Adopted by a vote of: Yes No Abstain 159 0 1 8:56 p.m. Moderator Deborah Brown announced ten articles, or parts thereof, to be taken as a CONSENT AGENDA; Articles 6, 8(p,�, 9, 11, 15(f,g), 17, 19, 20, 22 and 23. CONSENT AGENDA ARTICLE 6: APPROPRIATE FOR SENIOR SERVICE PROGRAM � MOTION: That the Town appropriate $30,000 for the purpose of conducting a Senior Service Program, to be spent under the direction of the Town Manager;that to meet this appropriation$30,000 be raised in the tax levy; and that the Board of Selectmen be authorized to establish rules and regulations for the conduct of the program. ARTICLE 8: APPROPRIATE THE FY2017 COMMUNITY PRESERVATION COMMITTEE OPERATING SUDGET AND CPA PROJECTS MOTION: That the Town hear and act on the report of the Community Preservation Committee on the FY2017 Community Preservation budget and,pursuant to the recommendations of the Community Preservation Committee,take the following actions: p) That $3,289,721 be appropriated for CPA Debt Service and related costs and to meet this appropriation $410,050 be appropriated from the Open Space Reserve of the Community Preservation Fund and $2,879,671 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund; and q) That$150,000 be appropriated for the Administrative Expenses and all other necessary and proper expenses of the Community Preservation Committee for FY2017 and to meet this appropriation$150,000 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund. . ARTICLE 9: APPROPRIATE FOR RECREATION CAPITAL PROJECTS MOTION: That $65,000 be appropriated for Pine Meadows Golf Course improvements, and that to meet this appropriation$65,000 be appropriated from Recreation Fund Retained Earnings. ARTICLE 11: APPROPRIATE FOR WATER SYSTEM IMPROVEMENTS MOTION: That this article be indefinitely postponed. ARTICLE 15: APPROPRIATE FOR PUBLIC FACILITES 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: � Diamond Middle School Renovations - Construction-That this item be indefinitely postponed; g) Clarke Middle School Renovations - Construction-That this item be indefinitely postponed; ARTICLE 17: VICTORY GARDEN WAY ACCEPTANCE MOTION: To establish as a Town way and accept the layout of Victory Garden Way from Hancock Street a distance of 1,172 feet, more or less,to Hancock Street as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated October 14, 2015, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. ARTICLE 19: APPROPRIATE BONDS AND NOTES PREMIUMS MOTION: That this article be indefinitely postponed. �-f��-��:: �� March 28, 2016 Adjourned Session of the 2016 Annual Town Meeting, cont... ARTICLE 20: RESCIND PRIOR BORROWING AUTHORIZATION MOTION: That the unused borrowing authority as set forth below be and is hereby rescinded: Article# Town Meeting Action Project Description Amount to be Rescinded 6 November 19, 2012 Estabrook Construction $ 2,600,000 Special Town Meeting Supplemental 12D 2012 Annual Town Culvert Replacement $ 28,000 Meeting lOL 2013 Annual Town DPW Equipment $ 83,365 Meeting lOB 2014 Annual Town DPW Equipment $ 27,022 Meeting lOM 2014 Annual Town Ambulance Replacement $ 21,789 Meeting 14B 2014 Annual Town LHS Heating Systems $ 26,080 Meeting Upgrade (Phase 2 and 3) 3 March 23, 2015 Special Fire Engine $ 20,335 Town Meeting #2 18B 2015 Annual Town Middle School $ 363,000 Meeting Circulation&Parking Improvements ARTICLE 22: APPROPRIATE TO STABILIZATION FUND MOTION: That this article be indefinitely postponed. ARTICLE 23: APPROPRIATE FROM DEBT SERVICE STABILIZATION FUND MOTION: That$124,057 be appropriated from the Debt Service Stabilization Fund to offset the FY2017 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 as refunded with bonds dated December 8, 2011. 8:57 p.m. There were no questions from members regarding articles on the Consent Agenda. 8:58.p.m. Following electronic vote tallying,the Moderator declared all articles (or parts thereo� on the Consent A�enda Adopted by more than the necessary two-thirds by a vote of: Yes No Abstain 156 0 1 8:59 p.m. Presented by Selectmen Norman Cohen. ARTICLE 7: ESTABLISH AND CONTINUE 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 53E1/2 for Fiscal Year 2017 beginning July 1, 2016, as follows: Revolving Authorized Departmental Use of Fund FY2017 Fund Representative Receipts Authorization or Board to S end Building Rental Public Facilities Building Rental Personnel and $460,000 Revolving Director Fees Expenses Related Fund to the Rental of Facilities DPW Burial Public Works Sale of Grave Program $40,000 Containers Director Boxes and Burial Expenses Vaults DPW Compost Public Works Sale of Compost Personnel, $615,000 Operations Director and Loam,Yard Benefits, Waste Permits Program Expenses and Ca ital �� March 28, 2016 Adjourned Session of the 2016 Annual Town Meeting, cont... Revolving Authorized Departmental Use of Fund FY2017 Fund Representative Receipts Authorization or Board to S end Lexington Tree Board of Gifts,Fees and Program $45,000 Fund Selectmen Fines Ex enses Minuteman Public Works Fees Paid by Program $180,000 Household Director Consortium Expenses Hazardous Towns Waste Program Health Health Director Medicare Program $14,000 Programs Reimbursements Ex enses Council on Human Services Program Fees Program $75,000 Aging Director and Gifts Expenses Pro ams Tourism/ Town Manager Liberty Ride Program $285,000 Liberty Ride and Economic Receipts, Expenses Development including ticket Director sales, advertising revenue and charter sales School Bus School School Bus Fees Bus $1,050,000 Transportation Committee Transportation Ex enses Regional Cache Public Works User Fees from Program $10,000 . —Hartwell Director Participating Expenses Avenue Munici alities Visitor Center Economic Sale of Goods, Personnel, $191,000 Development Program Fees Benefits and Director and Donations Program Ex enses PEG Access Board of License Fees CATV contract, $565,000 Selectmen and from Cable TV equipment and Town Manager Providers related expenses, staff support and benefits 8:59 p.m. Selectman Norman Cohen presented the requested action and reported unanimous support of the Board. 9:00 p.m. Glenn Parker, Chair, Appropriation Committee, reported unanimous support of the Committee. 9:00 p.m. David Kanter, Pct. 7, noted a typographical error in the header of the table in Article 7,which read"FY2016 Authorization"instead of"FY2017 Authorization". The correction was accepted without need for a formal amendment. 9:O1.p.m. Following electronic vote tallying,the Moderator declared Article 7 Adopted by a vote of: � Yes No Abstain 158 0 1 9:02 p.m. Selectman Joseph Pato moved Article 18 be taken up. Motion Adopted. 9:03 p.m. Selectman, Suzanne Barry recused herself from discussion and voting on Article 18. 9:03 p.m. Presented by Selectman Joseph Pato. ARTICLE 18: APPROPRIATE TO POST EMPLOYMENT INSURANCE LIABILITY FUND MOTION: That $1,512,318 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$312,318 be appropriated from the General Fund unreserved fund balance and$1,200,000 be raised in the tax levy. 9:04 p.m. Mr. Pato presented the requested action and reported support of the Board (4-0). 9:04 p.m. Glenn Parker, Chair, Appropriation Committee, reported unanimous support of the Committee. 9:05 p.m. Thomas Griffiths, Pct. 7,posed questions and stated his lack of support. 9:05 p.m. Town Manager, Carl Valente, responded to questions. : ------1— - —----- ----� � �� March 28, 2016 Adjourned Session of the 2016 Annual Town Meeting, cont... 9:10 p.m. Following electronic vote tallying,the Moderator declared Article 18 Adopted by a vote of: Yes No Abstain 125 21 12 9:11 p.m. Selectman Joseph Pato moved Article 21 be taken up. Motion Adopted. 9:11 p.m. Presented by Selectman Suza.nne Barry. ARTICLE 21: ESTABLISH AND APPROPRIATE TO AND FROM SPECIFIED STABILIZATION FUNDS MOTION: a) That$5,112,434 be appropriated to the Capital Stabilization Fund, and to meet this appropriation$3,100,000 be appropriated from the General Fund unreserved fund balance, and 2,012,434 be raised in the tax levy; and b) That the purpose of the Transportation Demand Management/Public Transportation Stabilization Fund as established at the 2007 annual town meeting of "supporting the operations of Lexpress Bus Service"be revised to "supporting the planning and operations of transportation services to serve the needs of town residents and businesses". 9:12 p.m. Selectman Suza.nne Barry presented the requested action and reported the unanimous support of the Board. 9:13 p.m. William Hurley, Chair, School Committee, reported the support of the Committee. 9:14 p.m. Glenn Parker, Chair, Appropriation Committee reported unanimous support of the Committee. 9:14 p.m. Jill Hai, Chair, Capital Expenditures Committee, reported unanimous support of the Committee. 9:15 p.m. Nancy Corcoran-Ronchetti, Chair, Planning Board, reported support of the Board. 9:15 p.m. There were no questions from the floor. 9:15 p.m. Following electronic vote tallying,the Moderator declared Article 21 Adopted by more than the necessary two-thirds by a vote of: Yes No Abstain 158 0 1 9:16 p.m. Selectman Joseph Pato moved Article 24 be taken up. Motion Adopted. 9:16 p.m. Presented by Selectmen Norman Cohen. ARTICLE 24: APPROPRIATE FOR PRIOR YEARS' UNPAID BILLS MOTION: That this article be indefinitely postponed. 9:16 p.m. Selectmen Norman Cohen moved to indefinitely postpone Article 24. 9:17 p.m. The Moderator called for a voice vote on the Article 24. Unanimously Adopted. 9:18 p.m. Selectman Joseph Pato moved that Article 31 be taken up. Motion Adopted. 9:18 p.m. Presented by Selectman Norman Cohen. ARTICLE 31: AMEND GENERAL BYLAWS—CONTRACTS AND DEEDS MOTION: That Chapter 32 of the Code of the Town of Lexington, Contracts and Deeds, be amended by deleting § 32-4 in its entirety and substituting therefor the following: A. With respect to any contract governed by M.G.L. c. 30B,the Town and all of its departments, under the supervision of the Town Manager, are authorized to solicit, award and enter into the following types of contracts for periods up to the number of years shown below, including a,ny renewal, extension or option provision, subject to annual appropriation but without further authorization by Town Meeting; provided, however, that no such contract sha11 be entered into for `�' a term greater than three years without the approval of the Board of Selectmen unless the term of the contract has been expressly authorized by a vote of Town Meeting: Type of Contract Number of Years Lease of public lands 20 Lease of public buildings 30 Lease of any equipment 10 ��o � �� March 28, 2016 Adjourned Session of the 2016 Annual Town Meeting, cont... Lease purchase of any equipment 10 Maintenance agreements for equipment,buildings or grounds 5 Transportation services 10 Purchase of oil, fuel and electricity 5 . Lighting maintenance 10 Waste disposal and recycling 20 Water supply 20 Community television services 10 Leases, licenses, power purchase agreements andlor other 22 agreements for the purpose of installing solar energy facilities and purchasing solax electricity � Agreements for payments in lieu of taxes (PILOTs) with 20 owners of solar energy facilities on Town-owned property All other contracts 5 9:18 p.m. Selectman Norman Cohen presented the requested action. 9:18 p.m. Glenn Parker, Chair, Appropriation Committee, reported unanimous support of the Committee. 9:19 p.m. Selectman Norman Cohen reported unanimous support of the Board of Selectmen. 9:20 p.m. Following electronic vote tallying, the Moderator declared Article 31 Adopted by a vote of: Yes No Abstain 156 0 2 9:23 p.m. Selectman Joseph Pato served Notice ofReconsideration ofArticle 5. 9:23 p.m. Selectman Joseph Pato moved adjournment to Wednesday, March 30, 2016, 7:30 p.m., at the Lexington High School, Donald J. Gilespe, Jr. Auditorium. Motion Adopted. A true copy. Attest Q�z%��.-- �• .�e'�- Nathalie L. Rice, Town Clerk March 30,2016 Adjourned Session of the 2016 Annual Town Meeting Moderator Deborah Brown called the fourth session of the 2016 Annual Town Meeting to order at 7:32 p.m., Wednesday, March 30, 2016 at the Lexington High School, Donald J. Gilespe, Jr. Auditorium, a quorum in excess of 100 of inembers present. 7:39 p.m. After announcements and testing of the electronic voting devices,the Moderator declared the meeting open on Article 39. 7:40 p.m. Presented by Ricliard Canale, Pct. 9, Pla.nning Board. ARTICLE 39: AMEND ZONING BYLAW—MAXIMUM HEIGHT OF STRUCTURES 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, a copy of which is on file with the Town Clerk and the Planning Board, and further that non-substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Lexington. MOTION FOR ARTICLE 39 PER PLANNING BOARD REPORT .- That Chapter 135 of the Code of the Town of Lexington,the Zoning Bylaw,be amended as follows: 1. Add a new § 135-4.3.5 as follows: 4.3.5 Height of dwellings near lot lines. The height of a one-family or two-family dwelling may not exceed the maximum height from Table 2 or 20 feet plus 4/3 times the smallest distance from the dwelling to a lot line, whichever is less. -----___—_---- -------r--_ -- --- _ _ ---_._ -- ------- —__—-----�