HomeMy WebLinkAbout1999-03-24-ATM-min ADJOURNED SESSION
1999ANNUAL TOWN MEETING — March 24, 1999
The adjourned session of the 1999 Annual Town Meeting was called to order by Moderator
Margery M. Battin, at 8:00 p.m., in Cary Memorial Hall. A quorum of 173 members was
present.
8:00 P.M. The Moderator reviewed procedural issues and announced the meeting would
remain open under Article 2.
8:02 p.m. Selectman Peter Enrich moved that the Report of the Town Manager (on
Open Money Articles) be accepted and placed on file. Following a unanimous voice vote, the
Moderator declared the report accepted and placed on file.
8:03 p.m. Ronald Pawliczek moved that the Report of the Appropriation Committee be
accepted and placed on file. Following a unanimous voice vote, the Moderator declared the
report accepted and placed on file.
ARTICLE 14: HOME RULE PETITION - MANSIONIZATION
8:04 p.m. Presented by Selectman Peter Enrich.
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MOTION: That the Board of Selectmen be and they hereby are authorized
to petition the General Court for an act for the Town incorporating the
provisions set forth in House Bill No. 1215 filed by Representative Jay R.
Kaufman on behalf of the Lexington Planning Board relative to the zoning of
certain residential properties.
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8:04 p.m. Mr. Enrich explained the purpose of the home rule petition requested and
stated that present zoning ordinances are inadequate to control mansionization. This
article would authorize Representative Kaufman to propose legislation to empower the
Planning Board in the area of "mansionization ".
Mr. Enrich reported that 4 of the 5 Selectmen supported this article and then requested the
Moderator recognize Fred Merrill of the Planning Board for his report.
8:12 p.m. Fred Merrill moved the Report of the Planning Board be accepted and placed
on file. Following a unanimous voice vote, the Moderator declared the report accepted and
placed on file.
Mr. Merrill further explained mansionization trends and issues confronting Lexington and that
the request for the Home Rule Petition would pertain only to Lexington. Mr. Merrill stated
the Planning Board's support for Article 14.
8:15 p.m. Florence Baturin spoke on behalf of the Fair Housing and Human Relations
Committee, which urged support of Article 14.
8:16 p.m. Selectman Dawn McKenna presented the Minority Report of the Board of
Selectmen, speaking in opposition to the article.
8:19 P.M. Bruce Collier, pr.3, spoke in support of the motion.
8:20 p.m. Robert Coyne, pr.7, spoke in opposition, stating that it would create an
artificial impact on the marketplace.
8:23 p.m. Sam Silverman, pr.5, questioned the wording of the motion.
8:24 p.m. Selectman Peter Enrich explained he believed the language gave the Town
appropriate breadth to do as needed.
Adjourned Session —1999 Annual Town Meeting March 24, 1999
8:25 p.m. The Moderator recognized Leonard Crafts, 5 Munroe Road, to speak in favor
of the motion.
8:30 p.m. James Barry, pr. 1, questioned the required vote, confirming it was a majority
vote for this article but zoning articles would require a two - thirds vote. Mr. Barry
subsequently spoke in opposition to the Article.
8:31 p.m. Paul Lapointe, pr.2, requested clarification on Massachusetts General Laws
pertinent to the Article.
8:31 p.m. Planning Director Robert Bowyer explained pertinent laws regarding zoning,
including M.G.L. Chapter 40A.
8:36 p.m. Jacqueline Davison, pr.3, spoke in favor of the motion.
8:38 p.m. Ronald Colwell, pr.4, spoke in opposition and cited tear down statistics. Mr.
Colwell also stated, as a Realtor, he would be abstaining from voting on the Article.
8:43 p.m. David Rudner, pr.2, questioned what the article would accomplish and what
needs were being met.
8:44 p.m. Selectman Peter Enrich explained impact of passage of the article.
8:45 p.m. Albert Zabin, pr.l, spoke in favor and stated the issue requires careful
discussion and study.
8:48 p.m. William Simmons, pr.6, spoke in opposition.
8:51 p.m. Scott Burson, pr.4, spoke in favor as a method to seek authority to make
zoning regulations in the area should the town choose to do so.
8:52 p.m. David Kanter, pr.7, moved the question.
8:52 p.m. Following a voice vote the Moderator declared the motion adopted and the
main question before the meeting.
8:53 p.m. Selectman Peter Enrich yielded the remainder of his time to Fred Merrill for his
summary.
8:59 p.m. Following a voice vote the Moderator declared the motion ADOPTED.
ARTICLE 15: WETLANDS PROTECTION — BY -LAW REVISIONS
8:54 p.m. Presented by Joyce Miller.
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MOTION: That Article XXXII of the General By -laws be amended as
set forth in a document filed with the Town Clerk on February 19, 1999 and
further that the Board of Selectmen be and they hereby are authorized to
petition the General Court for an act in substantially the following form:
"The Conservation Commission of the Town of Lexington may provide, by
rules, for the imposition of reasonable fees for the employment of outside
consultants and shall account for and expend such funds in accordance with
the provisions of Section 53G of chapter 44 of the General Laws."
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Adjourned Session —1999 Annual Town Meeting March 24, 1999
8:54 p.m. Joyce Miller moved the following amendment:
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AMENDMENT: To amend the document on file with the Town Clerk to
correct some typographical errors, as follows:
Section 1: Delete the word "and" which precedes Riverfront Area in the first
sentence, and insert in its place the word "or ".
Section 7.3.1: In the first sentence enclose each term referring to resource
areas with quotation marks to read "marsh ", "freshwater wetland ", "swamp ",
"wet meadow" and "bog" and delete the words Massachusetts General Laws
and insert in their place M.G.L.
Section 7.3.2: In the first sentence enclose the term river and the term
Riverfront area in quotations; to read "river" and "Riverfront area ".
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Text of Revised WETLANDS PROTECTION BY -LAW motion:
ARTICLE 15 - WETLANDS PROTECTION BY -LAW REVISIONS
Legend: In
Deleted or moved to Another Loention
TOWN OF LEXINGTON GENERAL BY -LAWS ARTICLE XXXII
GENERAL BY -LAW FOR WETLAND PROTECTION (AS AMENDED)
PURPOSE
The purpose of this By -Law is to preserve and protect the wetland resource areas and buffer
zones of the Town of Lexington by regulation of, and control of, activities 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;
ground water supply; the prevention and control of flooding, erosion or sedimentation, storm
damage, other water damage and /or pollution; the protection of surrounding land and other
homes or buildings, aquatic life or wildlife, streams, ponds or other bodies of water, and
recreation.
SECTION 1
No person shall remove, fill, dredge, build upon or alter any bank, freshwater wetl
marsh, bog, wet meadow, swamp, creek, river, stream, pond, lake, vernal pool i,
of a land under saw waters 6 i , any land subject to flooding, or any land bordering
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
thereon as hereinafter defined fir MI � 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 tele- communication services
without first filing written retie° o f� is intefit N IJ.� M. T� 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 Com mission. Said notice shall be sent by
certified mail to the Conservation Commission ..I:I.C.0�:d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
�� t� t C�rr� 1 Pf Each such notice 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. Copies of sue retie°
shall be se a the e tifne, by ee f to th T., E,,gineo, Beafd 0
Seleetme Planning B., d and the Beafd of He Such notice may be sent before any
or all permits, variances and approvals required by the Zoning By -Law or by the
Subdivision Control Law and the Regulations of the Planning Board thereunder have been
obtained. Upon written request of any person, the Conservation Commission shall within
21 days make a written determination as to whether this By -Law is applicable to any land
or work thereon. Where such person is other than the owner notice of any such
determination shall be sent to the owner and to the person making such request.
SECTION 2
Adjourned Session —1999 Annual Town Meeting March 24, 1999
The Conservation Commission shall h old a public hearing on the proposed activity within
30 days of the receipt of said notice 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 p � M l folpi � r
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 the .
tot (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,
kpg t� Or, 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 Seefie L .
Section 2.1 If, 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 ground water supply, to flood control, to control of erosion or
sedimentation, to storm damage prevention, to other water damage prevention, to the
prevention of pollution, to the protection of surrounding land and other homes or
buildings, to aquatic life or wildlife, or to the protection of streams, ponds or other bodies
of water, or to the protection of recreation, 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 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.
Section 2.2 If 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.
Section 2.3 The Conservation Commission shall not impose additional or more stringent
conditions as a result of any hearing conducted by it pursuant to M�Me General
Laws x Via; Chapter 131, Section 40 than it has imposed pursuant to the provisions of
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this By -Law, nor shall it require from an applicant who filed a Notice of Intent pursuant to
Chapter 131, Section 40 additional materials or data than is
required of him pursuant to the application filed under this By -Law.
SECTION 3
This By -Law shall not apply to any emergency project as defined in r_o o ,l T ,.,,
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 time of application.
SECTION 4
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
acquired by such person. The Town Manager and the Board of Selectmen shall, upon
request of the Conservation Commission, 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.
SECTION 5
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
Adjourned Session —1999 Annual Town Meeting March 24, 1999
Commission to promulgate such rules and regulations or legal declaration of their
invalidity by a court of law shall not act to suspend or invalidate the effect of this By -Law.
SECTION 6
The applicant shall have the burden of proving by a preponderanc of the credible
evidence that the work proposed by him in his ,, o fie, N f p 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 permit 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 conditions as
seems to the Commission to be just.
SECTION 7
The following definitions shall apply in the interpretation and implementation of this By-
Law:
Section 7.1 The term "applicant" as used in this By -Law shall mean a person giving
Notice of Intent to build, remove, fill, dredge or alter.
Section 7.2 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 Massachusetts 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.
Section 7.3 �1�t.��..
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The terms : marsh freshwater wetland swampy wet meadow ; and :bog as
used in this By -Law shall be defined as set forth in Mass ehusetts Genef ' L a ws .:GU".::
Chapter 131 Section 40 1Ip lam The boundary of these
wetlands is either the line within which fifty (50) percent or more of the vegetation
community consists of wetland plant species identified in Mass ehusetts Genef ' Law M.
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.
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x and. land subject to flooding shall be defined as set forth in WIT
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
"L� Bordering t.." shall be defined including any land within either of the
following:
(a) 100 feet horizontally lateral from the edge of any h�L......
a 1 meadow, or swamp, ' efdefing on ^ creek, river, stream,
Adjourned Session —1999 Annual Town Meeting March 24, 1999
pond, lake, e i Ia , land under water bodies we tland, 0
f „r, the edge of anyvefna re or an dated land subject to flooding.
(b) 100 feet horizontally lateral from the water elevation of the 100 -year storm
or whichever is the greater distance of (a) or (b).
Section 7.4 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:
(a) The removal, excavation or dredging of soil, sand, gravel or aggregate
material of any kind;
(b) the changing of pre - existing drainage characteristics, flushing
characteristics, salinity distribution, sedimentation patterns, flow patterns
and flood storage retention areas;
(c) 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;
(d) the driving of piling, erection of buildings or structures of any kind;
(e) the placing of obstructions whether or not they interfere with the flow of
water;
(f) the destruction of plant life, including the cutting of trees, which might
result in environmental damage to the land or a part thereof rendered by
this By -Law;
(g) the changing of water temperature, biochemical oxygen demand and other
natural characteristics of the receiving water;
(h) any activities, changes or work which pollutes any stream or body of water,
whether located in or out of the Town of Lexington.
Section 7.5 "Banks" sha adjoining any body ofw tef wneh sefves to
,. fine said w a t ef. Ind .
Section 7.6 "Befaering" sha "�aefined in°'�and within eith er of the f fl ,,,..
(a) 1 feet hefizentally lat efal f ,,,ti, th Win° of any beg fsh,f neadew or
the edge of any vefnal pool of any isolated land subjeet to fleeding-.
(b) 1 00 feet hefTzentally latefal ffem the watef elevatio of the 100 yearsterzn
of whiehevef is the gfeatef distanee of (a) of
..
.. .............. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . : ...............................
Section 7.7 The Conservation 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.
SECTION 8
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Adjourned Session —1999 Annual Town Meeting March 24, 1999
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SECTION 9
The Conservation Commission may, as part of its Order of Conditions, 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
clauses (1) and (2):
(1) By a proper bond or a deposit of money or negotiable securities, sufficient
in the opinion of the Conservation Commission to secure performance of
the conditions and observance of the safeguards of such order of
conditions.
(2) 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.
SECTION 10
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 promulgated under
authority of this By -Law.
For good cause, the Conservation Commission at a public hearing may revoke or modify
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 Determination f AP1 1-i, and notice to
the public, abutters and town boards, pursuant to Section 2. Good cause for such
revocation or modification shall include the following:
(a) Failure by the applicant or his successors to comply with the terms of the
Order of Conditions or Determination of Applicability;
(b) The receipt of new information relating to the project, which indicates that
previous information presented to the Conservation Commission was
inaccurate; or
(c) Changes to the project after completion of the Conservation Commission's
review.
SECTION 11
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 continuing violation shall constitute a separate
offense. This By -Law may be enforced by any Town Police Officer or other officer having
police powers.
SECTION 12
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.
Adjourned Session —1999 Annual Town Meeting March 24, 1999
Town Meeting 4/11/77 - Adopted By -Law
Town Meeting 3/25/85 - Substantive revisions
Town Meeting 4/4/90 & 3/23/92 - Revised Section 7.3
Town Meeting - 1997, Effective 8/11/97
Added "Purpose" and Sections 8 & 10
Revised Sections - 1,2, 2.1, 2.3, 6, 7.1, 7.3, 7.6(a).
Sections 8 became 9, 9 became 11, & 10 became 12.
.::
O" h �� r 1 11h �1 _ 1 1
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..... ......... .............
I It 1 .
----------------------------------
8:57 p.m. Following a unanimous voice vote, the Moderator declared the
AMENDMENT ADOPTED.
8:58 p.m. Philip Hamilton, Conservation Commission, provided explanation on article.
9:03 p.m. Peter Kelley, pr.4, served Notice of Reconsideration on Article 14.
9:05 p.m. Edith Sandy, pr.6, questioned further technical corrections and the need for an
amendment.
9:05 p.m. Jeanne Krieger reported the Board of Selectmen's unanimous support.
9:06 p.m. Neal Boyle, pr.7, questioned the impact of these changes.
9:06 p.m. Peter Diamond, pr.6, questioned Mr. Hamilton on the impact if this article
were to be passed. Mr. Hamilton provided an explanation.
9:08 P.M. John Carroll, pr.3, questioned if the article included provisions for brook
cleaning. Mr. Hamilton explained it did not address that issue.
9:09 P.M. Edith Sandy, pr.6, moved the following amendment:
-----------------------
AMENDMENT: Section 7.3.3 be modified by putting quotes around
each individual term as follows: The terms "bank ", "creek ", "stream ",
"pond ", "lake ", "vernal pool habitat ", "land under water bodies ", and "land
subject to flooding" shall be defined.
----------------- - - - - --
9:10 P.M. Following a unanimous voice vote, the Moderator declared the
AMENDMENT ADOPTED.
9:11 P.M. Jonathan Lederman, pr.7, moved the question.
9:11 P.M. Following a voice vote the Moderator declared the twice amended motion
now put.
9:11 P.M. Following a voice vote, the Moderator declared the AMENDED MOTION
ADOPTED.
ARTICLE 16: TRANSFER HENNESSY FIELD PROPERTY TO
CONSERVATION COMMISSION
9:14 p.m. Presented by Selectman Jeanne Krieger.
-------------------------
MOTION: That Article 16 be taken up after Article 30.
--------------------------
Selectman Krieger explained reasoning for addressing Article 16 after Article 30, including
that it was a logical presentation of the articles.
Adjourned Session —1999 Annual Town Meeting March 24, 1999
9:16 p.m. David Kanter, pr.7, moved the following amendment:
-------------------------
AMENDMENT: Article 16 be taken up immediately preceding Article 30.
-------------------------
Mr. Kanter presented the rationale for the amendment.
9:17 p.m. Selectman Jeanne Krieger reported that four ofthe five Selectmen are opposed
to the amendment.
9:18 P.M. Selectman Dawn McKenna explained her support of the amendment.
9:18 P.M. Paul Chernick, pr.6, spoke in favor of the amendment.
9:20 p.m. David Lederman, pr.7, moved the question on the amendment.
9:20 p.m. Following a voice vote, the Moderator declared the motion not adopted and
discussion continued on the amendment.
9:21 p.m. Ephraim Weiss, pr. 5, spoke in favor of the amendment and the main motion.
9:21 p.m. Following a voice vote, the Moderator declared the AMENDMENT
ADOPTED.
9:22 p.m. Following a voice vote, the Moderator declared the motion ADOPTED AS
AMENDED.
ARTICLE 17: TRANSFER OF LAND ON MASS. AVENUE
AT FLETCHER AVENUE TO CONSERVATION
9:22 p.m. Presented by Andrew Friedlich, pr. 5.
--------------- - --
MOTION: Postponement of Article 17 until Monday after Article 13 on
March 29, 1999.
---------------------
Mr. Friedlich explained reasoning for postponement.
9:23 p.m. Following a voice vote, the Moderator declared the motion ADOPTED.
ARTICLE 18: RESOLUTION — BUDGET SUBMISSION
9:24 p.m. Presented by Paul Lapointe, Appropriation Committee.
---------------------------------
MOTION: That the following resolution be adopted:
"Be it resolved that The Board of Selectmen shall distribute a budget document to the
Financial Committees and Town Meeting Members at least four weeks prior to the
date when the Town Meeting is scheduled to consider it. This budget document shall
contain all the detail of the Town Manager's budget updated to reflect changes made
after that budget was published. It shall include both capital and operating expense,
and it shall detail for each article and subsection of the main financial article the
funding source or sources. A similar revision of the School Budget shall also be made
available at that time. Further, be it resolved that amendments from any source to the
same budget shall be available in writing at least one week or one town meeting
session (whichever is less) prior to consideration of the financial articles, and that such
amendments must be presented on the Town meeting floor."
------------------------------
9:24 p.m. Mr. Lapointe explained reasoning for the resolution and the need for dealing
with budget timing and identifying what constitutes a "budget ".
9:28 p.m. Charles Hornig, Capital Expenditures Committee, reported unanimous support
by the Committee.
9:29 p.m. Selectman Peter Enrich reported unanimous support by the Board of
Selectmen to further a more collaborative and constructive budget process.
9:34 p.m. Robin DiGiammarino reported unanimous support by the School Committee.
Adjourned Session —1999 Annual Town Meeting March 24, 1999
9:35 p.m. David Kanter, pr.7, questioned the impact of the resolution. Town Counsel
Norman Cohen confirmed it was a non - binding resolution.
9:35 p.m. Following a unanimous voice vote, the Moderator declared the motion
ADOPTED.
ARTICLE 19: BY -LAW AMENDMENT — BUDGET
9:35 p.m. Presented by Selectman Peter Enrich.
---------------------------
MOTION: That Section 12 of Article VI of the General By -Laws be amended to
read as follows:
"Section 12. The Town Manager shall annually submit to the Selectmen, the
Appropriation Committee, and the Capital Expenditures Committee for their
consideration a proposed budget, revenue statement and tax rate estimate on a date
which shall be specified no later than September 30 by the Selectmen after
consultation with the School Committee, Appropriation Committee and Capital
Expenditures Committee."
-----------------------------
9:35 p.m. Selectman Peter Enrich explained the By -Law amendment intent, the
complexity of the budget process, and current By -Law requirements regarding the Town
Manager's budget submission.
9:42 p.m. Ronald Pawliczek, Appropriation Committee, explained the Committee would
be making an amendment to the motion.
9:42 p.m. Charles Hornig, Capital Expenditures committee, stated unanimous support of
the Committee for the motion.
9:43 p.m. Robin DiGiammarino reported unanimous support of the School Committee
for the amendment.
9:44 p.m. Ronald Pawliczek moved:
------------------------
AMENDMENT: That the following sentence be added at the end of the
motion:
"The date specified for submission of the proposed budget shall be no later
than February V'
----------------------------
9:44 p.m. Mr. Pawliczek reported that the majority of the Committee recommended
approval.
9:45 p.m. Paul Lapointe, Appropriation Committee, presented the Minority Report
stating the minority of the Committee favors a January 15 deadline and is opposed to the
amendment and opposes the main motion.
9:47 p.m. Selectman Peter Enrich reported four of the five Selectmen oppose the
amendment stating their concern it may not be consistent with the needs of the new
Superintendent of Schools.
9:48 p.m. Robin DiGiammarino reported unanimous opposition ofthe School Committee
for the amendment.
9:49 p.m. Charles Hornig, Capital Expenditures Committee, reported the Committee
unanimously opposes the amendment.
9:49 p.m. Frank Sandy, pr.6, questioned the budget timing change impact on the town
Manager's budget dealings with the School Department budget.
Mr. Enrich reported that the intent of the delay of the Town Manager's budget is to provide
for carrying a school department number which recognizes a shared understanding of the
distribution of resources.
Adjourned Session —1999 Annual Town Meeting March 24, 1999
9:51 p.m. Kenneth Reich, pr.4, questioned the proposed September 30 date.
9:51 p.m. Selectman Peter Enrich explained timing and the September date.
9:52 p.m. Mr. Reich continued and commented on how the School Committee may be
ready with a budget by January 15, 2000.
9:54 p.m. Robin DiGiammarino, School Committee, explained the school budget
building process.
9:55 p.m. Mr. Reich asked Mr. Enrich if there would be any date they could agree with
the school department for a deadline.
9:55 p.m. Mr. Enrich reported it would be inappropriate for the process to run later than
mid February.
9:56 p.m. Thomas Diaz, pr.2, questioned the "special circumstances" of no permanent
Superintendent of Schools.
9:57 p.m. Selectman Peter Enrich replied that he would agree with this being only one
step, and there may be a need for further By -Law amendments to get it right.
9:57 p.m. Ephraim Weiss, pr.5, spoke in favor of the amendment.
9:59 p.m. Bruce Collier, pr.3, spoke in opposition of the amendment.
10:00 P.M. Following a voice vote on the amendment, the Moderator declared the
amendment NOT ADOPTED.
10:01 P.M. Following a voice vote on the motion, the Moderator declared the motion
ADOPTED.
ARTICLE 20: BOARD OF HEALTH FINES FOR NON - CRIMINAL DISPOSITION
10:02 p.m. Presented by Martha Wood, Board of Health.
-----------------------------
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 January 29, 1999. (The Chapter Pending
Nos. are XIII, XIV and XV in order).
-------------------------------------
(Text of Document on File with the Town Clerk, January 29, 1999)
Article XX - Amendment of Section 6 of the Article I of the General By -Laws, Non - Criminal
Disposition.
This article would increase fines for non - criminal disposition (ticketing) of violations of
certain local and state health codes. The original fines in Section 6, Article I of the
General by -laws were adopted May 4, 1988. These changes are requested to accomplish
the following:
• Make the fines reflect the severity of the violation involved
• To reflect the seriousness of the violations and their health consequences
• To better cover the cost to the Town for inspections and enforcement of regulation
violations.
Increases in fines are proposed for regulation violations for which the earlier fine amounts
($25 and $50 for the first and second offenses, respectively) will be ineffective and do not
represent the seriousness of the violation. Other violation penalties originally in the by -law
were increased last year.
Adjourned Session —1999 Annual Town Meeting March 24, 1999
Proposed Changes to Fine Schedule for Article XX of Town Warrant, 1999
Regulation Subject First Offense Second Offense
Chapter VII Keeping of Animals $30 $50
Chapter III Food Regulations $30 $75
Chapter IV Nuisances $30 $75
ARTICLE XX: AMEND SECTION 6 OF ARTICLE I OF THE GENERAL BY-
LAWS, INSTITUTION OF NON - CRIMINAL DISPOSITION FOR NEW LOCAL
HEALTH REGULATIONS
This article would institute fines for non - criminal disposition (ticketing) of certain
violations of state and local health regulations. The following fines are proposed for
violations of regulations passed by the Board of Health in 1998 for which the use of non-
criminal disposition for enforcement purposes is not yet allowed under the general by-
laws.
Proposed Additions to Fine Schedule for Article XX of Town Warrant, 1999
Regulation Subject First Offense Second Offense
Chapter XIII Drinking water and ground $100 $200
water protection
Chapter XIV Floor Drain regulations $100 $200
Chapter XV Private Well Registration $100 $200
Contact: Martha Wood, Chair, Board of Health: (617) 624 -5448
Beverly Anderson, Health Director: (781) 862 -0500, Ext. 237
------------------------------------
10:02 p.m. Martha Wood explained the purposes of the article.
10:04 p.m. Selectman Elizabeth Eddison reported the Board of Selectmen unanimously
supported the motion.
10:04 p.m. Following a voice vote, the Moderator declared the motion ADOPTED.
ARTICLE 21: RETIREMENT BOARD
10:04 p.m. Presented by Selectmen Peter Enrich.
--------------------------------------
MOTION: That the Town (a) accept paragraph (h) of Section 103 of
Chapter 32 of the Massachusetts General Laws, and (b) approve the
acceptance by the Lexington Retirement Board of Section 288 of Chapter 194
of the Acts of 1998.
---------------------------------
10:04 p.m. John Ryan, Finance Director and Ex- Officio Member of the Retirement
Board, explained the proposed changes and impact on non - contributory
retirees and pre January 12, 1988 retirees having selected retirement
"Option C ".
10:06 p.m. Selectman Elizabeth Eddison reported unanimous support by the Board of
Selectmen for this motion.
10:06 p.m. Paul Lapointe reported unanimous support of the Appropriation
Committee for this motion, and commented he believed it the right thing to
do.
10:07 p.m. Michael Schroeder, pr.9, commented on retiree payments and
recommended voting "No ".
10:10 P.M. Peter Diamond, pr.6, questioned why the motion should be passed.
10:11 P.M. Paul Lapointe addressed noncontributory retirees qualifying for cost of
living increases for which the contributory retirees qualified, as well as the
Adjourned Session —1999 Annual Town Meeting March 24, 1999
pre 1998 retirees qualifying for the same benefits post 1998 retirees qualify.
10:12 p.m. Peter Diamond, pr.6, questioned the "Option C" popup.
10:13 p.m. Bruce Collier, pr.3, questioned the popup.
10:14 p.m. David Kanter, pr.7, questioned if the article was divisible. The Moderator
declared it subject to division and that she would do so.
10:14 p.m. Scott Burson, pr.4, questioned who the noncontributory retirees were.
John Ryan explained.
10:15 p.m. Following a voice vote, the Moderator declared SECTION A
ADOPTED.
10:15 p.m. Following a voice vote, the Moderator declared SECTION B
ADOPTED.
The Moderator explained Articles 13 and 17 would be taken up on Monday, March 29,
1999 and then financial articles would be addressed.
Alan Lazarus questioned availability of the budget book. Selectman Peter Enrich
explained the budget book would be available Monday evening, March 29 and it is the
intent at that time to propose adjournment until April 12 should the meeting so choose.
10:18 P.M. Michael Schroeder, pr.9, served Notice of Reconsideration on Article 21.
10:18 P.M. Peter Enrich, Chairman of the Board of Selectmen, moved that the
meeting be adjourned until Monday, March 29, 1999 at 8:00 p.m., at Cary
Memorial Hall.
Adopted by voice vote. 10:18 p.m..
A true copy.
Attest:
Donna M. Hooper, Town Clerk