Loading...
HomeMy WebLinkAbout1998-04-08-ATM-min ADJOURNED SESSION — 1998 ANNUAL TOWN MEETING APRIL 8, 1998 The April 8, 1998 Adjourned Session of the 1998 Annual Town Meeting was called to order by Moderator Margery M. Battin, at 8:05 p.m., in Cary Memorial Hall. A quorum of 179 members was present. 8:05 p.m. The Moderator declared a recess. Representative Jay Kaufman and Lexington High School Principal Philip Lanoue recognized the achievements of the 1998 Merit Scholars. Selectman Dan Busa updated the meeting on the April 13 appearance of the U. S. Women's Olympic Ice Hockey Gold Medallist Vicki Movsessian 8:11 P.M. The Moderator called the meeting to order and presented a brief update on the "snail's pace" of the meeting thus far, having voted on only 19 of 61 articles and confirmed plans for addressing Article 4 on April 13 In order to do so, it is hopeful that Articles 49 -53, 56 -60, and 47 be voted this evening. 8:12 p.m. The Moderator declared the meeting open under Article 49. ARTICLE 49: AMEND GENERAL BY-LAWS — TOWN MEETING 2/3 VOTE 8:12 p.m. Presented by Selectman Jeanne Krieger. ------------------------- MOTION: That Article V of the General By -Laws be amended by adding a new Section 29A thereto as set forth in the article. "Section 29A Whenever a two - thirds vote is required by statute, such vote may be declared as such by the Moderator without a count and be recorded as such by the Clerk upon such declaration, provided, however that if seven or more members doubt the vote, a counted vote shall be taken." --------------------- - - - - -- 8:15 p.m. Ms. Krieger explained the intent to amend the general by -laws. 8:15 p.m. Town Counsel Norman Cohen, presiding as Moderator, recognized Margery Battin, president of the Massachusetts Moderator's Association. Mrs. Battin, explaining she will not be voting on the article, presented background on the intent of the legislation to allow Moderators to declare a 2/3 vote without a count if the voice vote is clear. If the Moderator's declaration is questioned by seven or more town meeting members, the vote must then be counted. 8:18 P.M. Following a voice vote, the Moderator declared the motion unanimously adopted. ARTICLE 50: ACCEPT SEC. 22F OF Ch. 40 OF THE M.G.L. 8:20 p.m. Presented by Selectman Jeanne Krieger. ----------------------------- MOTION: That the Town accept Section 22F of Chapter 40 of the Massachusetts General Laws. ----------------------------- 8:20 p.m. Mrs. Krieger explained passage of this article would allow fees imposed by Town Offices, including the Town Clerk's Office, to be approved by the Board of Selectmen and not require town meeting approval. 8:20 p.m. Sam Silverman, pr.5, questioned authorization for approval. Town Counsel Norman Cohen confirmed approving authority would be the Board of Selectmen. 8:20 p.m. Following a voice vote, the Moderator declared the motion adopted. Adjourned Session —1998 Annual Town Meeting, cont.... April 8, 1998 ARTICLE 51: ACCEPT SEC. SEC 147A of CH. 140 OF THE M.G.L. 8:21 p.m. Presented by Selectman Jeanne Krieger. ----------------------------- MOTION: That the Town accept Section 147A of Chapter 140 of the Massachusetts General Laws. ------------------------------ 8:21 p.m. Mrs. Krieger explained the dissolution of Middlesex County government necessitated the adoption of this section ofthe M.G.L. for regulating and licensing of dogs in Lexington. 8:23 p.m. Michael Schroeder, pr. 9, questioned any additional expenses for which the Town may now be liable. 8:24 p.m. Town Manager Richard White explained the Town, regardless of passage, is now responsible as the County program is dissolved. He further explained that primarily any such obligation pertains mainly to disposition of animals. 8:25 p.m. Following a voice vote, the Moderator declared the motion unanimously adopted. ARTICLE 52: AMEND ARTICLE XXVIII OF THE GENERAL BY -LAWS, ANIMALS 8:25 p.m. Presented by Selectman Jeanne Krieger. ----------------------------- MOTION: That Section 2 of Article XXVIII of the General By -Laws be amended as set forth in the article. "To see if the Town will vote to amend Section 2 of Article XXVIII of the General By -Laws (Animals) by deleting the second paragraph thereof relating to license fees for dogs and by changing the late fee in paragraph three thereof from ten dollars to twenty -five dollars; or act in any other manner in relation thereto." ------------------------------ 8:25 p.m. Mrs. Krieger explained the intent of the article, removal of the reference to fees as article 50 will now allow the Selectmen to approve licensing fees, and the change in late fines from $10 to $25. 8:26 p.m. Following a voice vote, the Moderator declared the motion unanimously adopted. ARTICLE 56: BOARD OF HEALTH — NON - CRIMINAL DISPOSITION 8:27 p.m. Presented by Martha Wood. --------------------------- MOTION: That Section 6 of Article I of the General By -Laws be amended as set forth in a document filed with the Town Clerk on February 6, 1998. To see if the Town will vote to amend Section 6 of Article I of the General By -Laws (Non - Criminal Disposition) by increasing fine schedules relating to certain regulations of the Board of Health, all as shown on a document on file in the office of the Town Clerk; or act in any other manner in relation thereto. Description This article would increase fines for non - criminal disposition (ticketing) of violations of certain local and state health codes. These changes are requested to make the fines reflect the severity of the violation involved, and to promote compliance with the regulations. Adjourned Session —1998 Annual Town Meeting, cont.... April 8, 1998 Proposed Changes to Fine Schedule for Article 56 of Town Warrant, 1998 Regulation Subject First Offense Second Offense Chapter I Diseases $50 $100 Chapter V Cesspools, Septic Tanks and $100 $200 Sewers Chapter VIII Slaughtering $50 $100 Chapter IX Offensive Trades, Occupations, $50 $100 And Practices Chapter XIII Governing Bathing Places $50 $100 Chapter XIV Rules and Regulations $100 $200 Governing the Practice Of Massage Massage Regulations for Use of Recombinant DNA Molecule Technology $100 $200 -------------------- - - - - -- 8:27 p.m. Martha Wood explained the increase of fines previously adopted in May, 1988 by the Board of Health to reflect the seriousness of violations and the time required for enforcement. 8:28 p.m. Elizabeth Eddison, Board of Selectmen, stated the unanimous support of the Board. 8:28 p.m. Following a voice vote, the Moderator declared the motion adopted. ARTICLE 57: HISTORIC DISTRICTS COMMISSION - NON- CRIMINAL DISPOSITION 8:28 p.m. Presented by Selectman Elizabeth Eddison. ----------------------------------- MOTION: That the Selectmen be and they hereby are authorized to petition the General Court for an act to amend Chapter 447 of the Acts of 1956 as amended to provide alternatives for enforcement by the use of non - criminal disposition as set forth in Section 21D of Chapter 40 of the Massachusetts General Laws. ------------------- - - - - -- 8:29 p.m. Selectman Eddison explained the intent of establishing non - criminal fines and reported the recommended approval of the Board of Selectmen. 8:30 p.m. Richard Michelson, pr.8, spoke in opposition to the motion and explained his concerns on the lack of guidelines for which the violators may be fined. 8:31 p. m. Town Counsel Norman Cohen explained this article is only to have the legislation changed. If changed, the Historic Districts Commission will have to amend the By -Laws next Town Meeting and establish regulations. At this time the only power the Historic Districts Commission has over violators is to go to court. 8:32 p.m. Mr. Michelson replied that he would like to see rules and regulations before voting on this motion. 8:33 p.m. Joel Adler, pr. 1, stated his agreement with Mr. Michelson and expressed his feelings that the Historic Districts Commission has been going too far and is too heavy handed. Adjourned Session —1998 Annual Town Meeting, cont.... April 8, 1998 8:34 p.m. Alan Lazarus, pr.6, speaking on behalf of a constituent, it has been requested he convey to the Historic Districts Commission a request for a booklet for citizens to know exactly what are the rules. Otherwise, he supports the article. 8:36 p.m. Robert Coyne, pr.7, spoke against the article and other action taken by the Historic Districts Commission, feeling that the Commission should have to go to court. 8:37 p.m. Town Manager Richard White clarified provisions of the Act to be adopted, stating that it is not specific in terms of regulations. Without adoption of this Act burdens are placed on the staff who are bound to enforce the rules and regulations. 8:39 p.m. David Rudner, pr.2, was requested by a precinct 2 constituent to convey many of the points expressed by Mr. Michelson. Mr. Rudner the requested clarification on possible loss of control by the Historic Districts Commission if the motion is passed. 8:39 p.m. Town Counsel Norman Cohen explained that as he understands, the Historic Districts Commission will have to develop rules and regulations to bring to town meeting to change the by -laws. 8:41 p.m. Eric Michelson, pr. 1, stated he thought this motion was a good idea for the future — not right now. He saw it the obligation of the Historic Districts Commission to give clarity to the situation and return next year to proceed to the next step. 8:42 p.m. George Burnell, pr.7, spoke in favor and of the need to settle problems without going to court. 8:43 p.m. John Davies, pr.4, spoke in support of the motion and of Mr. White's and Mr. Burnell's comments. 8:44 p.m. Paul Hamburger, pr. 5, spoke against the motion and spoke ofthe need to signal to the Historic Districts Commission and to do it next year. 8:44 p.m. Paul Chernick, pr.6, was requested by constituents to express concerns of Historic Districts Commission's previous action and making it easier to penalize people. 8:46 p.m. Town Counsel Norman Cohen, requesting point of personal privilege, explained that over 90% of Historic Districts Commission (HDC) applications are approved and the reference to action on the barber shop pole approval by the HDC are a nonissue. 8:46 p.m. Joel Adler, requesting a point of clarification, stated he understood the Town took the barber to court and lost. Town Counsel Norman Cohen reported that the Town decided not to pursue court action. 8:47 p.m. David Williams, pr. 5, spoke in support of the article and clarified the situation on the house in front of St. Brigid's church. 8:48 p.m. Sam Silverman, pr.5, commented he thought the Historic Districts Commission should be able to enforce by non - criminal means and spoke in favor of the motion. 8:50 p.m. Liz Stevens spoke in opposition to the motion and questioned any alternative method for applicants to appeal Historic Districts Commission decisions. Adjourned Session —1998 Annual Town Meeting, cont.... April 8, 1998 8:52 p.m. Fred Rosenberg, pr.9, moved the question. 8:52 p.m. After a voice vote, the Moderator declared Mr. Rosenberg's motion not adopted. 8:53 p.m. Fred Martin, pr.7, questioned Town Counsel on the appeal process and any change in process by adoption of this motion. Mr. Cohen explained that decisions may be appealed to Concord District Court. 8:55 p.m. Sheldon Spector, pr.6, stated his agreement with Mr. Burnell, in theory, and questioned the Board of Selectmen as appointing authority of the Historic Districts Commission. Selectman Chairman Peter Enrich stated the Board recognized communication issues with the HDC and the community. 8:57 p.m. Bruce Collier, pr.3, spoke in support. 8:58 p.m. Janet Tiampo, 1 Oakland Street, spoke in opposition to the article and requested the Historic Districts Commission educate people before looking for ways to punish. 8:59 p.m. Anthony Close, pr.9, moved the question. 8:59 p.m. Following a voice vote, the Moderator declared the main question now before the meeting. 8:59 p.m. Following a voice vote the Moderator declared the motion adopted. 9:00 P.M. With more than 20 members having doubted the vote, the Moderator called for a standing vote on Article 57, tallied as follows: Precinct Yes No 1 4 11 2 6 11 3 10 9 4 14 5 5 11 7 6 11 6 7 13 5 8 7 8 9 13 7 At Large 7 1 TOTAL 96 70 9:03 p.m. More than the required majority, the Moderator declared the motion adopted. ARTICLE 58: ACCEPT SECTIONS 42A -42F OF CHAD AND 16A -16F OF CH.83 OF THE M.G.L. 9:05 p.m. Presented by Selectman Elizabeth Eddison. ----------------------------------- MOTION: That the town accept Sections 42A to 42F of Chapter 40 and Sections 16A to 16F of Chapter 83 of the Massachusetts General Laws. ------------------------------------ 9:05 p.m. Mrs. Eddison explained the need to adopt the state statutes relating to water and sewer liens. 9:05 p.m. Sam Silverman, pr.5, questioned why we need to re- confirm the town's acceptance. 9:05 p.m. Town Counsel Norman Cohen explained we need to accept all of the statutes. Adjourned Session —1998 Annual Town Meeting, cont.... April 8, 1998 9:06 p.m. Michael Schroeder, pr.9, questioned what was being asked. 9:06 p.m. Sheldon Spector, pr.6, moved the question. 9:06 p.m. Following a voice vote, the Moderator declared the motion adopted unanimously. ARTICLE 59: ACCEPT AND ABANDON DRAINAGE EASEMENT — GRASSLAND STREET 9:07 p.m. Presented by Selectman Daniel P. Busa, Jr. --------------- - - - -- MOTION: That the Board of Selectmen be authorized to abandon a drainage easement shown on Land Court Plan 19485G and located on Lots 242 and 243 on Assessor's Property Map 25 in exchange for a drainage easement located elsewhere on the lot known as and numbered 27 Grassland Street. --------------------- - - - - -- 9:07 p.m. Mr. Busa explained the current status of the drainage easement and need for adoption of the motion. 9:09 P.M. Following a voice vote, the Moderator declared the motion adopted unanimously. ARTICLE 60: REGIONAL INTERGOVERNMENTAL AGREEMENT - HAZARDOUS WASTE 9:10 P.M. Presented by Selectman Jeanne Krieger. -------------------------- MOTION: That the Town vote to approve an intermunicipal agreement with surrounding municipalities pursuant to Section 4A of chapter 40 ofthe Massachusetts General Laws relating to the collection and disposal of household hazardous waste products. ----------------------------- 9:10 P.M. Mrs. Krieger explained the purpose for and the establishing of a permanent regional hazardous waste collection site at the Hartwell Avenue landfill facility, explaining that the original collection held 16 years ago in Lexington was begun by the League of Women voters. A $164,000 grant has been obtained from the State for construction of the facility at Hartwell Avenue. Mrs. Krieger reported the Board of Selectmen recommends approval. 9:12 p.m. Richard Michelson, pr.8, questioned the cost to the town and the placement location and possible impact on construction of a DPW facility if it were to be sited at Hartwell Avenue. 9:13 p.m. DPW Director George Woodbury reported that the town has a $30,000 commitment to the project and that the facility is not fixed to the site but is moveable. 9:14 p.m. Dawn McKenna, pr.9, questioned potential locations if the site were to be moved. Mr. Woodbury explained it would be moveable within the Hartwell Avenue site Ms. McKenna further questioned if the site would support a new DPW facility and recycling and are the uses compatible. Mr. Woodbury explained the current DPW facility is sited on approximately 7 acres and the Hartwell Avenue facility on approximately 19 1 /2 acres. Current recycling is conducted at the Bedford Street DPW facility. Adjourned Session —1998 Annual Town Meeting, cont.... April 8, 1998 9:15 p.m. Sam Silverman, pr.5, questioned the period of time covered by the agreement with the state, commitments from the town, and future impact. DPW Director George Woodbury explained the state requests a minimum commitment of 3 years but the contract will be yearly. 9:16 p.m. Town Manager Richard White explained the state grant provides the town with an infrastructure to store hazardous materials on a long- term basis and may provide an opportunity to expand operations and allow people to drop off materials on an ongoing basis. Provisions of the law require approval of any inter - governmental agreements. 9:20 p.m. Sam Silverman, pr.5, further questioned it the plans are a done -deed in final form with town meeting approval. Mr. Woodbury further explained the benefit to Lexington. 9:21 p.m. Sam Silverman, pr.5, commented on that being voted. 9:22 p.m. Joel Adler, pr. 1, stated concerns on siting of the facility at Hartwell Avenue and on traffic issues. Mr. Adler questioned how much work will be done gratis by town employees. Mr. Woodbury explained the site will be operated under contract. 9:25 p.m. Richard Eurich, pr.3, expressed concern that town meeting is being requested to approve an agreement about which it is not informed. Mr. Eurich moved postponement until so informed. 9:26 p.m. Following a voice vote, the Moderator declared the motion to postpone not adopted. 9:26 p.m. David Kanter, pr.7, questioned a possible conflict with capping efforts at Hartwell Avenue. George Woodbury explained accommodations had been made. 9:27 p.m. Nancy Cannalonga, pr.3, questioned any benefits this project would have for Lexington and, inquired about the duration of hazardous waste storage on -site. Mr. Woodbury explained that items could be kept on -site for a maximum of 90 days. 9:29 p.m. Nancy Cannalonga, pr.3, stated the only benefit she saw is that hours of operation would be expanded. She urged defeat of the motion. 9:29 p.m. Cynthia Blumsack, pr.6, requested clarification on the containment methods to be used and anticipated revenue from other towns. Mr. Woodbury explained containment design and anticipated revenue. 9:30 p.m. Paul Lapointe, pr. 1, speaking on behalf of the Appropriation Committee, stated unanimous support of the Committee, recognizing the benefits of increased access by citizens and opportunities to defray costs. 9:31 p.m. Elaine Dratch, pr.5, questioned the amount of contributions and the manner by which the waste is to be received from other communities. Mr. Woodbury explained anticipated revenue. 9:35 p.m. George Burnell, pr.7, moved the question. 9:35 p.m. Following a voice vote, the Moderator declared the main motion now before the meeting. Adjourned Session —1998 Annual Town Meeting, cont.... April 8, 1998 9:35 p.m. Following a voice vote, the Moderator declared the motion adopted. 9:35 p.m. Nancy Cannalonga, pr.3, served notice of reconsideration of Article 60. ARTICLE 47: AMEND ARTICLE XXVI OF GENERAL BY -LAWS, HUNTING AND TRAPPING 9:36 p.m. Presented by Ephraim Weiss, pr. 5. --------------- - - - - -- MOTION: Article XXVI of the General By -Laws be amended by adding a new Section 3A thereto as set forth in the article. "3A No person shall hunt, trap or shoot on Town owned land without permission of the Board of Selectmen" ---------------------- Mr. Weiss, on behalf of Rosemary H. Green, presented the article and expressed concerns of hunters on town -owned land. 9:37 p.m. Selectman Dan Fenn reported unanimous support of the Board of Selectmen. 9:38 p.m. Joyce Miller, Conservation Commission, reported unanimous support of the Commission on this article. 9:39 p.m. Anne Ripley, pr.6, proposed to amend the motion as follows: ------------------------- MOTION: That the motion under Article 47 be amended to delete the word "trap ". ------------------------- Ms. Ripley explained her reasoning for deleting trapping from the original motion. 9:43 p.m. Frank Sandy, pr.6, explained that the Selectmen can approve trapping on public land under the article if so needed. 9:44 p.m. Joel Adler, pr. 1, explained he believed trapping may be necessary due to beaver problems. He supported the amendment. 9:45 p.m. Scott Burson, pr.4, spoke in opposition to the amendment. 9:45 p.m. Thomas Diaz, pr.2, questioned if this was a friendly amendment the meeting should move on. 9:45 p.m. Martin Long, pr.6, stated any safety issues would not be with legal traps and spoke in support of the amendment. 9:45 p.m. Bruce Collier, pr.3, supported the amendment. 9:47 p.m. Sheldon Spector, pr.6, moved the question on the amendment. 9:47 p.m. Following a voice vote, the Moderator declared the amendment before the meeting. 9:47 p.m. Anne Ripley, pr.6, spoke in favor of the person proposing the amendment. 9:48 p.m. Following a voice vote, the Moderator declared the amendment by Anne Ripley not adopted. Adjourned Session —1998 Annual Town Meeting, cont.... April 8, 1998 9:49 p.m. James Wood, pr.7, spoke in opposition to the article and on the hardship it would create. He viewed the article redundant with state licensing requirements. 9:52 p.m. David Kanter, pr.7, moved the question. 9:52 p.m. Following a voice vote, the Moderator declared the main motion before the meeting. 9:52 p.m. Following a voice vote, the Moderator declared the main motion adopted. 9:53 p.m. Peter Enrich , Chairman of the Board of Selectmen, moved that the meeting be adjourned until Monday, April 13, 1998 at 8:00 p.m., at Cary Memorial Hall. Adopted by voice vote. 9:53 p.m. A true copy. Attest: Donna M. Hooper, Town Clerk