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HomeMy WebLinkAbout2001-03-26 to 2001-05-16 ATM-min 2001 ANNUAL TOWN MEETING March 26, 2001 The first session of the 2001 Annual Town Meeting was called to order by Moderator Margery M. Battin, at 8:05 p.m., in the Museum of Our National Heritage Auditorium, 33 Marrett Road. A quorum of 176 members was present. 8:05 p.m. The invocation was offered by Reverend Gay Godfrey, Hancock Church. The Moderator honored the passing of Fire Chief John F. "Jack" Quinlan,and deceased Town Meeting, Board, or Committee members Carol Batstone, Raymond Culler, Nancy Gordon and Austin Fisher for their dedicated service to the Town of Lexington. 8:10 p.m. The Moderator extended thanks to the Museum of Our National Heritage for generously offering the facility for the Annual Town Meeting, and introduced John H. Ott, Executive Director, for welcoming comments. The Town Clerk, Donna M. Hooper, read the Warrant for the Meeting until waived. The Town Clerk read the Constable's Return of the Warrant. 8:15 p.m. The Moderator reviewed procedural matters and explained anticipated Article order, with Article 15 to be postponed until May 14, and the scheduling of Article 26 to a time certain, for the Retirement Board to schedule attendance by the Actuary. Standing votes are to be tallied by precinct clerks, with Mr. Pawliczek reporting votes for At-Large members. 8:27 p.m. The Moderator declared the meeting open under Article 2 and reminded members that the Article would remain open throughout the meeting ARTICLE 2: REPORTS OF COMMITTEES 8:21 p.m. Selectman Jeanne Krieger moved that the Report of the Cary Lecture Series be Accepted and Placed on File and that the committee be discharged. Cary Lecture Series member Arthur Katz presented a brief overview of past activities, the programs presented, extending appreciation to the Museum of Our National Heritage and Hancock Church for hosting programs over the past year. 8:29 p.m. Following a unanimous voice vote, the Moderator declared the report Accepted and Placed on File and the Committee Discharged. 8:30 p.m. Selectman Jeanne Krieger moved that the Report of the Town Manager be Accepted and Placed on File and requested the Moderator recognize Town Manager Richard White. 8:31 p.m. Mr. White presented a FY2002 budget summary and information on the Pay As You Throw (PAYT) trash disposal program. 8:49 p.m. Following a unanimous voice vote, the Moderator declared the Report of the Town Manager Accepted and Placed on File. 8:50 p.m. Paul Hamburger, pr.5, moved that the Report of the Appropriation Committee be Accepted and Placed on File. Mr. Hamburger presented the Appropriation Committee's Majority Report. 9:07 p.m. Alan Levine, pr.8, presented the Appropriation Committee's Minority Report opposing the Committee's revenue neutral position. 9:10 p.m. Following a unanimous voice vote, the Moderator declared the Report of the Appropriation Committee Accepted and Placed on File. 2001 Annual Town Meeting March 26, 2001 9:12 p.m. The Moderator declared the Consent Calendar before the Meeting and explained requested action would be for the Meeting to act on the Consent Calendar, comprised of articles 6, 7, 9, 16, 24, 28, 30, 31 and 32 which have been viewed to be routine or non-controversial. However, should at least 5 persons be in favor of removing any articles from the Consent Calendar the articles would be so removed and acted upon in the ordinary course of business at this Town Meeting. CONSENT CALENDAR MOTION: That the 2001 Annual town Meeting advance for consideration Articles 6, 7, 9, 16, 24, 28, 30, 31, and 32, and take action without debate on any such Articles, provided that upon the request of five town meeting members, made before the vote is taken on this motion, an Article shall be deleted from the Consent Calendar and shall be acted upon in the ordinary course of business at this Town Meeting. 9:12 p.m. Richard Michelson, pr.8, proposed removal of Article 31 from the Consent Calendar. With at least 5 persons favoring removal, the Moderator declared Article 31 removed from the Consent Calendar. 9:13 p.m. Fred Rosenberg, pr.9, proposed removal of Articles 28, 30 and 32 from the Consent Calendar. With at least 5 persons favoring removal, the Moderator declared Articles 28, 30, and 32 removed from the Consent Agenda. ARTICLE 6: PRIOR YEAR'S UNPAID BILLS MOTION: That this article be INDEFINITELY POSTPONED. ARTICLE 7: SUPPLEMENTARY APPROPRIATIONS FOR AUTHORIZED CAPITAL IMPROVEMENT PROJECTS MOTION: That this article be INDEFINITELY POSTPONED. ARTICLE 9: SEWER SYSTEM REHAB PROGRAM MOTION: That this article be INDEFINITELY POSTPONED. ARTICLE 16: RESCIND UNUSED BORROWING AUTHORITY MOTION: That the unused borrowing authorizations voted under Article 7 of the Warrant for the 1998 Annual Town Meeting, Article 12 of the Warrant for the 1997 Annual Town Meeting and Article 13 of the Warrant for the 1996 Annual Town Meeting are hereby rescinded. Article 24: LAND ACQUISITION MOTION: That the Selectmen be and they hereby are authorized to acquire by eminent domain the land shown as Lot A on a plan recorded in the Middlesex South Registry of Deeds,Book 7800,Page 27, said land to be used as it is currently for an entrance to the Harrington School from Lowell Street. 9:14 p.m. Following a unanimous voice vote,the Moderator declared ADOPTION of the Consent Calendar comprised of Articles 6, 7, 9, 16 and 24. 9:15 p.m. Paul Hamburger served NOTICE OF RECONSIDERATION on the Consent Calendar, Articles 6, 7, 9, 16 and 24. 2001 Annual Town Meeting March 26, 2001 ARTICLE 3: APPOINTMENTS TO CARY LECTURE SERIES 9:16 p.m. Presented by Selectman Jeanne Krieger. 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. 9:16 p.m. Following a unanimous voice vote, the Moderator declared the motion ADOPTED. 9:05 p.m. The Moderator declared the meeting open under ARTICLE 4 and explained that she would be reading the budget, line item by line item. 9:17 p.m. The Moderator declared Article 4 now before the Meeting. ARTICLE 4: OPERATING BUDGET 9:17 p.m. Presented by Selectman Jeanne Krieger. MOTION: That the following amounts be appropriated for the ensuing fiscal year and be raised in the tax levy except where a transfer is indicated they shall be provided by such a transfer. Education 1100 Lexington Public Schools $57,994,812 (And further that the School Department is authorized to enter into equipment lease/purchase agreements from time to time provided that each such agreement is subject to annual appropriations.) 9:18 p.m. The Moderator recognized School Committee Chairman Robin DiGiammarino for brief comments on line item 1100. Ms. DiGiammarino then requested the Moderator recognize Interim Superintendent Joanne Benton for an explanation on budget items for FY2002. 9:32 p.m. Ephraim Weiss, pr.5, questioned building maintenance appropriations and expenditures. Chairman Robin DiGiammarino requested the Moderator recognize Business &Finance Director Susan Bottan for response. 1200 Minuteman Regional School 787,116 9:33 p.m. Minuteman Regional School Committee Jane Pagett, pr.6, explained requested funding and recommended approval. Employee Benefits 2110 Contributory Retirement 2,635,674 (Of which $65,762 is to be transferred from the Water Enterprise Fund and $16,441 is to be transferred from the Sewer Enterprise Fund.) 2120 Non-Contributory Retirement 123,000 2130- Insurance 4,120,317 2150 (Of which $93,883 is to be transferred from the Water Enterprise Fund, $20,943 is to be transferred from the Sewer Enterprise Fund and $20,222 is to be transferred from the Recreation Enterprise Fund.) (and further that amounts appropriated in this article for employee health and life insurance shall be transferred to this account to fund cost items (a) included in collective bargaining agreements reached between the Town and employee organizations and (b) resulting from such agreements as they bear on the Town employee compensation plan.) Debt Service 2210 Payment on Funded Debt 3,105,000 2220 Interest on Funded Debt 406,066 2230 Temporary Borrowing 329,500 2240 Exempt Debt 1,708,200 Operating Articles 2001 Annual Town Meeting March 26, 2001 2310 Reserve Fund 150,000 2320 Municipal Salary Adjustments 402,667 (Such sum of$402,667 is appropriated to fund cost items resulting from (a) collective bargaining agreements and (b) as they bear on the Town employee wage and salary plan. The amount voted is to be distributed among personal services accounts as authorized by the Board of Selectmen.) (Of which $11,535 is to be transferred from the Water Enterprise Fund and $5,242 is to be transferred from the Sewer Enterprise Fund.) Organizational Expenses 2410 Municipal Services & Expenses Personal Services 69,900 2410 Municipal Services & Expenses 97,400 Community Services 3000 DPW Personal Services 3,005,287 (Of which $249,428 is to be transferred from the Water Enterprise Fund, $226,548 is to be transferred from the Sewer Enterprise Fund, $59,904 is to be transferred from the Parking Meter Fund, $100,000 is to be transferred from the Cemetery Trust Funds and $75,000 is to be transferred from the Recreation Enterprise Fund.) 3000 DPW General Expenses 3,778,187 (Of which $205,271 is to be transferred from the Water Enterprise Fund, $118,313 is to be transferred from the Sewer Enterprise Fund, and $47,970 is to be transferred from the Parking Meter Fund; and provided further that the Town Manager may enter into an agreement or agreements with one or more governmental units to perform jointly with such units any service, activity or undertaking authorized by law.) (In which a PAYT Program will be implemented for refuse disposal services, provided that at least $747,000 of the revenues generated from the PAYT Program shall be used to reduce the tax rate below the levy limit.) (And further that the Town Manager is authorized to enter into communications equipment agreements, equipment lease/purchase agreements from time to time provided that each such agreement is subject to annual appropriations.) (And in addition that $50,000 of expenses for the sale of burial containers and biodegradable bags be funded by the receipt of$50,000 in anticipated revenues, and that the surplus from FY2000 in the amount of$14,321.00 may be closed to the General Fund.) (And in addition State/Federal Grants, site generated revenue and/or refuse stabilization funds as permitted under existing agreements may be used to meet Division of Environmental Protection guidelines at the Hartwell Avenue landfill site.) (And to permit the Town to enter into agreements with either private or public entities in order to enhance public services, increase revenue, improve efficiency, or save money to the benefit of the Town.) 9:47 p.m. Selectman Jeanne Krieger made brief comments on the proposed PAYT refuse disposal program, reported the support of the majority of the Selectmen, and demonstrated recycling and disposal options. 10:00 p.m. PAYT Advisory Committee member David Kanter,pr.7, spoke in support. 10:08 p.m. Board of Health Chairman Martha Wood, pr.7, spoke in support of the PAYT concept. 10:09 p.m. Marianne Lazarus,pr.6,recommend the Selectmen commit to review any PAYT program after 6 months of operation. 10:10 p.m. Selectman Jeanne Krieger expressed the Selectmen's interest in a formal review within 6 months. 10:11 p.m. Paul Lapointe, pr.2, spoke in favor. 10:15 p.m. Selectman Dawn McKenna spoke in opposition to PAYT. 2001 Annual Town Meeting March 26, 2001 10:21 p.m. Jed Snyder, pr.5, questioned program enhancements. Selectman Krieger explained the need for enhancements and cost savings from PAYT that will fund the enhancements. 10:22 p.m. Jed Snyder questioned savings on reduced tipping fees and how the PAYT would be policed, particularly regarding public dumping. 10:25 p.m. Selectman Krieger requested the Moderator recognize John Andrews of the PAYT Advisory Committee to address the Meeting. Mr. Andrews responded to Mr. Snyder's questions. 10:27 p.m. Jed Snyder questioned if those not following the rules would be fined. Selectman Krieger explained there would be no fines but that trash collection at residences of violators would be impacted. 10:27 p.m. Patrick Mehr, pr.3, questioned collection of large, bulky items and percentage of services provided to taxpayers within the tax levy vs. separate fees. Selectman Krieger estimated the volume of bulky items to be small. 10:30 p.m. Town Manager Richard White explained municipalities are limited to charging for only the cost of services. 10:31 p.m. Loren Wood, pr.3, spoke in favor of recycling but in opposition to PAYT fees and opined the tags to be overpriced. 10:31 p.m. Marjorie Daggett, pr.6, spoke in favor of PAYT on behalf of the League of Women Voters. 10:33 p.m. David Kaufman, pr.6, questioned the number of tags and bag weight. Selectman Jeanne Krieger requested the Moderator recognize Paul Chernick, pr.6, of the PAYT Advisory Committee. Mr. Chernick explained the concept behind the proposed 30-1b. weight limit and number of bags included within tax levy. 10:36 p.m. Marina Smith, pr.4, spoke in opposition. 10:38 p.m. Joyce Miller, pr.7, reported the Conservation Commission strongly endorsed the goals of PAYT. 10:39 p.m. Jane Pagett, pr.6, spoke in opposition. 10:40 p.m. Alan Wrigley, pr.7, questioned the process by which to vote "no". 10:40 p.m. Philip Morse-Fortier, pr.7, spoke in favor. 10:41 p.m. Fred Rosenberg, pr.9, moved adjournment to Wednesday,March 28, 2001. 10:41 p.m. Following a voice vote the Moderator declared the motion ADOPTED and the meeting adjourned until 8:00 p.m., Wednesday, March 28, 2001, Museum of Our National Heritage Auditorium. A true copy. Attest: Donna M. Hooper, Town Clerk 2001 ANNUAL TOWN MEETING March 28, 2001 The second session of the 2001 Annual Town Meeting was called to order by Moderator Margery M. Battin, at 8:00 p.m., in the Museum of Our National Heritage Auditorium, 33 Marrett Road. A quorum of 176 members was present. The Moderator expressed sympathies to Selectman Leo McSweeney in the loss of his father Leo P. McSweeney, Sr. who passed away March 24, 2001. 8:07 p.m. The Moderator explained plans for indefinite postponement of Article 26 and declared ARTICLE 4, Line Item 3000 now before the meeting. ARTICLE 4: OPERATING BUDGET Community Services 3000 DPW Personal Services 3,005,287 (Of which $249,428 is to be transferred from the Water Enterprise Fund, $226,548 is to be transferred from the Sewer Enterprise Fund, $59,904 is to be transferred from the Parking Meter Fund, $100,000 is to be transferred from the Cemetery Trust Funds and $75,000 is to be transferred from the Recreation Enterprise Fund.) 3000 DPW General Expenses 3,778,187 (Of which $205,271 is to be transferred from the Water Enterprise Fund, $118,313 is to be transferred from the Sewer Enterprise Fund, and $47,970 is to be transferred from the Parking Meter Fund; and provided further that the Town Manager may enter into an agreement or agreements with one or more governmental units to perform jointly with such units any service, activity or undertaking authorized by law.) (In which a PAYT Program will be implemented for refuse disposal services, provided that at least $747,000 of the revenues generated from the PAYT Program shall be used to reduce the tax rate below the levy limit.) (And further that the Town Manager is authorized to enter into communications equipment agreements, equipment lease/purchase agreements from time to time provided that each such agreement is subject to annual appropriations.) (And in addition that $50,000 of expenses for the sale of burial containers and biodegradable bags be funded by the receipt of$50,000 in anticipated revenues, and that the surplus from FY2000 in the amount of$14,321.00 may be closed to the General Fund.) (And in addition State/Federal Grants, site generated revenue and/or refuse stabilization funds as permitted under existing agreements may be used to meet Division of Environmental Protection guidelines at the Hartwell Avenue landfill site.) (And to permit the Town to enter into agreements with either private or public entities in order to enhance public services, increase revenue, improve efficiency, or save money to the benefit of the Town.) 8:07 p.m. Robin DiGiammarino, pr.2, reported the School Committee has no official position on a PAYT program. 8:10 p.m. Peter C.J. Kelley, pr.4, moved the following AMENDMENT to Article 4, line item 3000: AMENDMENT: Article 4 line item 3000 be amended to remove the words "In which a PAYT Program will be implemented for refuse disposal services, provided that at least $747,000 of the revenues generated from the PAYT program shall be used to reduce the tax rate below the levy limit." 8:13 p.m. Peter C. J. Kelley, pr.4, presented reasons for support. 8:18 p.m. Richard Michelson, pr.8, spoke in favor of the amendment. 8:19 p.m. Neal Boyle, pr.7, spoke in favor of the amendment. 8:22 p.m. Sam Silverman, pr.5, questioned incentives for recycling in the Kelley amendment. Mr. Kelley responded. Adjourned Session of 2001 Annual Town Meeting March 28, 2001 8:24 p.m. Dr. Jill Stein, 17 Trotting Horse Dr., spoke against the amendment and addressed medical implications of pollutants in the waste stream. 8:27 p.m. Eileen Entin, 104 Blossomcrest Rd., explained Citizens for Lexington Conservation support for a PAYT and urged rejection of the amendment. 8:30 p.m. Kate Diamond, 15 Franklin Rd., spoke against a PAYT fee. 8:31 p.m. Albert Zabin, pr.1, spoke against the amendment. 8:33 p.m. Selectman Leo McSweeney spoke in favor of the amendment. 8:35 p.m. David Kanter, pr.7, spoke against the amendment. 8:38 p.m. Alan Lazarus, pr.6, questioned if reconsideration of line item 3000 may be requested if so desired. The Moderator confirmed it could. 8:41 p.m. Selectman Jeanne Krieger reported a majority of the Board of Selectmen encouraged defeat of the amendment. 8:44 p.m. Richard Pagett, pr. 6, moved to extend the debate on the amendment an additional 30 minutes. Following a voice vote, the Moderator declared the MOTION ADOPTED and debate extended an additional 30 minutes . 8:44 p.m. Peter Diamond, 15 Franklin Rd., spoke against PAYT. 8:46 p.m. Philip Morse-Fortier, pr. 7, spoke against the amendment. 8:48 p.m. Loretta Porter, pr.9, questioned frequency of recycling pickups. Selectman Jeanne Krieger explained the proposal is for an every-other-week basis. Ms. Porter further questioned bag pickup and Ms. Krieger responded. 8:50 p.m. Martin Long, pr.6, presented some of Mr. Kelley's issues regarding the section of the General By-Laws addressing rubbish disposal. Mr. Long then spoke in favor of a PAYT idea but opposed this one, and spoke in favor of the amendment. 8:52 p.m. Paul Chernick, pr.6, spoke in opposition, and in favor of PAYT. 8:55 p.m. Douglas Lucente, pr.3, spoke in favor of the amendment. 8:56 p.m. Alan Lazarus, pr.6, spoke in opposition to the amendment. 8:57 p.m. Daniel Busa, pr.1, questioned reuse of recycled products and future cost of generating extra recyclables. Selectman Krieger and John Andrews of the PAYT Advisory Committee responded. 9:01 p.m. Daniel Busa, pr.1, further questioned additional cost to be incurred for increased volume of recyclables. Selectman Krieger reported that Waste Management would charge approximately $12,000 for expanding the types of plastics to be collected, and anticipated significant decrease in tipping fees, with no other increases in fees forecasted. Town Manager Richard White reported that discussions with Waste Management forecasted a 22% decrease in waste to the NESWC facility. 9:03 p.m. Loren Wood, pr.3, reported opinions of polled voters. 9:04 p.m. William Frawley, pr.3, spoke in opposition to the amendment. 9:07 p.m. Robert Erickson, 2 Ryder Lane, spoke against PAYT. 9:08 p.m. Alan Wrigley, pr.7, questioned Town Counsel on interpretation of General By-Law and subsequent By-Law amendments regarding "free dumping". Town Counsel Norman Cohen responded. 9:13 p.m. Wendy Rudner, pr.7, spoke in support of recycling and amendment, and against PAYT. 9:14 p.m. Joel Adler, pr.1, requested additional time for discussion. The Moderator explained Town Meeting may vote more time if it so wishes. 9:15 p.m. Joel Adler, pr.1, moved time for debate be extended an additional 10 Adjourned Session of 2001 Annual Town Meeting March 28, 2001 minutes. Following a voice vote, the Moderator declared the motion NOT ADOPTED. 9:17 p.m. Jed Snyder, pr.5, moved to poll the meeting on the vote on the amendment. Following a voice vote, with precinct clerks reporting a total of 57 in favor, the Moderator declared a poll of the meeting shall be taken on the amendment. The Moderator explained before polling the meeting a report of the Appropriation Committee shall be given on Mr. Kelley's amendment and declared a 5 minute recess. 9:24 p.m. The Moderator declared the meeting back in session and recognized Alexander Nedzel, pr.3, for a report of the Appropriation Committee. Mr. Nedzel outlined 3 funding options and reported a majority of the Appropriation Committee opposes the amendment and believes the PAYT program should go forward. 9:26 p.m. Richard Neumeier, pr.3, questioned the Appropriation Committee report. Mr. Nedzel responded. 9:28 p.m. The Moderator called for the Town Clerk to call the roll on Mr. Kelley's amendment, with a yea voting in favor and a no against the amendment. The vote of the roll on Mr. Kelley's amendment is tallied as follows: PRECINCT 1 Yes No Abstain Absent PRECINCT 2 Yes No Abstain Absent Joel A.Adler X James L.Avery X Nancy M.Adler X Marian A.O.Cohen X Colleen B Amirsakis X Robert W.Cunha X James E.Barry X Thomas R.Diaz X Robin B. Laura L.Boghosian X DiGiammarino X Mary Bowes X Karen A.Dooks X John P.Breen X Kenneth W.Ford X Carol Bukys X Merrill Forman X Daniel P.Busa X Myla Kabat-Zinn X Jean W.Cole X Paul H.Lapointe X Jonathan G.Cole X Lucy Lockwood X Stephen D.Cole,Jr.. X Daniel A.Lucas X Maria-Elena X X Kostorizos Lauren MacNeil Lillian T.MacArthur X Andrew McAleer X Eric Jay Michelson X Michael J.O'Sullivan X Janet Moran X Barry Orenstein X Barry E.Sampson X David Rudner X Carol J.Sampson X Christina J.Welch X Paul G.Topalian X Donald D.Wilson X Albert P.Zabin X James S.Wilson X Judith L.Zabin X Scott Wilson X Adjourned Session of 2001 Annual Town Meeting March 28, 2001 PRECINCT 3 Yes No Abstain Absent PRECINCT 4 Yes No Abstain Absent Samuel Berman X Nyles Nathan Barnert X Robert A.Bowyer X Gloria J.Bloom X Nancy M. Cannalonga X Scott F.Burson X Nicholas A. Cannalonga X Donald A.Chisholm X John P.Carroll X Ronald W.Colwell X Sara B.Chase X Timothy R.Counihan X Jacqueline B X Davison John L.Davies X Dan H.Fenn,Jr. X Georgia S.Glick X William J.Frawley X David J.Harris X Sherry L.Gordon X Peter C.J.Kelley X Gloria V.Holland X Charles W.Lamb X Michelle Hutnik X Frederick L.Merrill X David J.Kessler X Ann H.Miller X Douglas M.Lucente X Barrie Peltz X Marjorie K.Madoff X Michael Prensky X Patrick R.Mehr X John S.Rosenberg X Alexander E.Nedzel X Nicholas Santosuosso X Mary E Neumeier X Sandra J.Shaw X Richard L Neumeier X Marina C.Smith X Robert Rotberg X Judith J.Uhrig X Loren Wood X Martin K.White X PRECINCT 5 Yes No Abstain Absent PRECINCT 6 Yes No Abstain Absent David E.Burns X Florence A.Baturin X Howard Cravis X Paul Chernick X Ira W.Crowe X Peter D.Cohen X Wallace Cupp X Marjorie M.Daggett X Irene M.Dondley X Marshall J.Derby X Elaine Dratch X Bebe Fallick X Andrew J.Friedlich X Anthony G.Galaitsis X Paul E Hamburger X Edmund C.Grant X John Hayward X David L.Kaufman X Suzanne S.Larsen X Alan J.Lazarus X Carol A.Liff X Marianne Lazarus X Margaret C.Nichols X Martin Long X Samuel L.Powers X Jane Pagett X Blair B.Ruocco X Richard Pagett X James M.Shaw X Anne A.Ripley X Sam Silverman X Edith Sandy X Jed N.Snyder X Frank Sandy X M.Masha Traber X Sheldon A.Spector X Charles T.Vail X H.Jerrold VanHook X Ephraim Weiss X Dana Z.Wendel X David G.Williams X John S.Willson X PRECINCT 7 Yes No Abstain Absent PRECINCT 8 Yes No Abstain Absent Marsha E.Baker X Richard H.Battin X Neal E.Boyle,Jr. X Roger F.Borghesani X Deborah J.Brown X Margaret Bradley X Stacey P.Bridge- X George A.Burnell X Denzak Steven L.Colman X Elizabeth J.Bryant X Margaret L.Counts- Klebe X Florence E.Connor X Robert G.Coyne X John T.Cunha X Audrey J.Friend X Diana T.Garcia X Thomas Verne X Griffiths Ione D.Garing X Philip K.Hamilton X Thomas M.Harden X David G.Kanter X Charles Hornig X Fred H.Martin X Steven J.Hurley X David G.Miller X Morton G.Kahan X Joyce A.Miller X Ingrid H.Klimoff X Philip Morse-Fortier X Alan Mayer Levine X Wendy C.Rudner X Richard A Michelson X John E.Taylor X James A.Osten X Jane A.Trudeau X Shirley H.Stolz X James C.Wood X Carolyn H.Tiffany X Martha C.Wood X Robert V.Whitman X Alan A.Wrigley X Thomas M.Zimmer X Adjourned Session of 2001 Annual Town Meeting March 28, 2001 PRECINCT 9 Yes No Abstain Absent AT-LARGE Yes No Abstain Absent Alice J.Adler X Catherine M.DAbbott X Narain D.Bhatia X Margery M.Battin X Christopher P.Busa X Norman P.Cohen X Richard L.Canale X Peter D.Enrich X Anthony B.Close X Donna M.Hooper X Rodney Cole X Jay R.Kaufman X Margaret E.Coppe X Jeanne K.Krieger X Emily R.Donovan X Dawn E.McKenna X Susan A.Elberger X Leo P.McSweeney X Thomas O.Fenn X Janice A.Kennedy X William P.Kennedy X Yes No Abstain Absent Henry Norman Manz X TOTALS 75 98 4 21 Wendy Manz X Paul E.Mazerall X Janet M.Perry X Loretta A.Porter X Fred D.Rosenberg X Richard Schaye X Michael E.Schroeder X Dorris P.Traficante X 9:52 p.m. With less than a majority voting in favor of Mr. Kelley's amendment, the Moderator declared the motion NOT ADOPTED. 9:52 p.m. Peter C.J. Kelley, pr.4, moved the following amendment: AMENDMENT: Article 4 item 3000 to add the words - "The Selectmen are required to report back to the next annual Town Meeting on the financial and environmental success of the PAYT program and allow the Town Meeting to vote on whether to continue the program beyond FY2002" after the words "below the levy limit". 9:58 p.m. Selectman Jeanne Krieger, pr.3, reported the unanimous support of the Board of Selectmen for the Kelley amendment. 9:58 p.m. Following a voice vote, the Moderator declared the AMENDMENT ADOPTED. 9:59 p.m. Sam Silverman, pr.5, questioned a previous vote of town meeting for line item 3000 which allowed the town to establish an electricity department. Town Manager Richard White explained the previous vote provided the town the option to establish a utility but the situation has not materialized where it would be advantageous for the town to do so. Public Works Director William Hadley explained the town has taken ownership of the street lights, and expenses reduced. 3600 Transportation Personal Services 58,205 3600 Transportation Expenses 247,833 (Of which $80,000 is to be transferred from the Parking Meter Fund) 3700 Water Department 5,032,956 (And that to raise such amount $5,032,956 be transferred from the Water Enterprise Fund.) 3800 Sewer Department 7,864,345 (And that to raise such amount $7,864,345 be transferred from the Sewer Enterprise Fund.) Public Safety 4100 Law Enforcement Personal Services 3,655,834 (Of which $97,692 is to be transferred from the Parking Meter Fund.) 4100 Law Enforcement Expenses 388,742 (Of which $14,000 is to be transferred from the Parking Meter Fund.) 4200 Fire Department Personal Services 3,228,076 4200 Fire Department Expenses 343,747 Culture and Recreation Adjourned Session of 2001 Annual Town Meeting March 28, 2001 5100 Library Personal Services 1,344,097 5100 Library Expenses 258,583 5200 Recreation Department 1,206,130 (And to raise such amount $1,206,130 be transferred from the Recreation Enterprise Fund.) Social Services 6100 Council on Aging Personal Services 144,495 6100 Council on Aging Expenses 176,555 6200 Human Services Personal Services 28,113 6200 Human Services Expenses 111,717 Community Development 7100 Community Development Personal Services 562,914 7100 Community Development Expenses 53,560 7200 Planning Personal Services 179,043 7200 Planning Expenses 58,200 7300 Economic Development Personal Services 55,918 7300 Economic Development Expenses 10,780 General Government 8110 Board of Selectmen Administration Personal Services 62,383 (Of which $2,760 is to be transferred from the Water Enterprise Fund and $690 is to be transferred from the Sewer Enterprise Fund.) 8110 Board of Selectmen Administration Expenses 73,766 8120 Legal Fees & Expenses 225,000 8130 Town Report 6,000 8200 Town Manager Personal Services 307,285 (Of which $36,657 is to be transferred from the Water Enterprise Fund and $9,164 is to be transferred from the Sewer Enterprise Fund.) 8200 Town Manager Expenses 16,000 Town Committees 8310 Appropriation Committee Expenses 1,000 8320 Miscellaneous Boards & Committees Expenses 8,755 8330 Public Celebrations 25,000 Finance 8400 Finance Personal Services 725,509 (Of which $203,840 is to be transferred from the Water Enterprise Fund and $50,961 is to be transferred from the Sewer Enterprise Fund.) 8400 Finance Expenses 203,900 (And in addition that $7,500 of expenses generated from enrollment in the Flexible Spending Plan be funded by the receipt of$7,500 in anticipated revenues.) (And further that the Treasurer and Collector is hereby authorized to enter into compensating balance agreements during fiscal years 2001, 2002 and 2003, as permitted by General Laws Chapter 44, Section 53F.) Town Clerk 8500 Town Clerk Personal Services 175,547 8500 Town Clerk Expenses 56,550 Management Information Systems 8600 MIS Personal Services 148,424 (Of which $32,390 is to be transferred from the Water Enterprise Fund and $8,098 is to be transferred from the Sewer Enterprise Fund.) 8600 MIS Expenses 197,720 10:06 p.m. Marianne Lazarus, pr.6, questioned funding for golf course roadway improvements. 10:09 p.m. Ephraim Weiss, pr.5, questioned funding for building maintenance. 10:09 p.m. Public Works Director William Hadley explained the department's building maintenance funding, initiatives, and procurement of building maintenance Adjourned Session of 2001 Annual Town Meeting March 28, 2001 software. Town Manager Richard White identified funding in the amount of $578,087 for building maintenance, funding for a building maintenance technician, and Article 8 building maintenance envelope funding. 10:10 p.m. The Moderator recognized Alexander Nedzel, pr.3, for a report of the Appropriation Committee on Article 4. Mr. Nedzel reported Article 4 includes $213,000 new revenue from the PAYT program and that a majority of the Appropriation Committee supports passage of Article 4. Concerns with the PAYT funding will be addressed by the Committee under Article 36. 10:11 p.m. Following a voice vote, the Moderator declared ARTICLE 4 ADOPTED. 10:11 p.m. Ronald Pawliczek, Appropriation Committee, served NOTICE OF RECONSIDERATION of Article 4. 10:12 p.m. Alan Lazarus, pr. 7, served NOTICE OF RECONSIDERATION of Article 4, Line Item 3000 - DPW General Expenses. 10:13 p.m. The Moderator declared Article 5 now before the Meeting. 10:13 p.m. Presented by Selectman Jeanne Krieger. Selectman Krieger moved: ARTICLE 5: SUPPLEMENTARY APPROPRIATIONS FOR CURRENT FISCAL YEAR(FY2001) MOTION: (a) That $542,148 be appropriated to Line Item 2130 of the current fiscal year's budget and that to raise such amount $500,000 be transferred from the Unreserved Fund Balance and $42,148 be transferred from receipts reserved for appropriation and (b) that $20,000 be transferred from Line Item 3000 DPW Expenses to Line Item 3000 DPW Personal Services. 10:14 p.m. Selectman Dawn McKenna spoke in opposition to the motion and of the action taken to balance the Health Care Trust Fund. 10:16 p.m. Selectman Peter Enrich spoke to clarify the requested action and Health Care Trust fund issues. 10:19 p.m. Ephraim Weiss, pr.5, questioned the name of the fund referred to in the motion. Town Manager Richard White explained funding received from lottery fund distribution, mid year adjustments, and the "Lottery Money" label. 10:24 p.m. Frank Sandy, pr.6, questioned Ronald Pawliczek's eligibility to serve NOTICE OF RECONSIDERATION on Article 4. The Moderator so acknowledged, and thanked Mr. Sandy for raising the issue. 10:25 p.m. Alexander Nedzel, pr.3, served NOTICE OF RECONSIDERATION of ARTICLE 4. 10:25 p.m. Following a voice vote on Article 5, the Moderator declared the MOTION ADOPTED. 10:25 p.m. Alexander Nedzel, pr.3, served NOTICE OF RECONSIDERATION on Article 5. 10:25 p.m. The Moderator declared the meeting open under Article 8. ARTICLE 8: CAPITAL PROJECTS AND EQUIPMENT 10:25 p.m. Selectman Jeanne Krieger moved that Article 8 be taken up as the first order of business on Monday, April 2, 2001. 10:26 p.m. Following a voice vote, the Moderator declared the MOTION ADOPTED and ARTICLE 8 to be the first order of business on April 2, 2001. 10:26 p.m. The Moderator declared the meeting open under Article 10. Adjourned Session of 2001 Annual Town Meeting March 28, 2001 10: 26 p.m. Presented by Selectman Leo McSweeney. Mr. McSweeney moved: ARTICLE 10: WATER MAINS MOTION: That the Selectmen be and they hereby are authorized to install new or replacement water mains and line and reline water mains 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 $325,000 for such installation and lining and land acquisition; and to raise such amount $325,000 be transferred from the Water Enterprise Fund. 10:27 p.m. Narain Bhatia reported the unanimous support of the Capital Expenditures Committee. 10:27 p.m. Deborah Brown reported the unanimous support of the Appropriation Committee. 10:27 p.m. Following a voice vote the Moderator declared the motion under ARTICLE 10 ADOPTED. 10:27 p.m. Thomas Verne Griffiths served NOTICE OF RECONSIDERATION OF ARTICLE 10. 10:29 p.m. The Moderator declared the meeting open under ARTICLE 11. 10:29 p.m. Presented by Selectman Leo McSweeney, who moved: ARTICLE 11: WATER DISTRIBUTION IMPROVEMENT MOTION: That $420,000 be appropriated for upgrading the water distribution system in the Woburn Street area; and that to meet this appropriation the Treasurer with the approval of the Board of Selectmen is authorized to borrow $420,000 under G.L.c.44§8. 10:30 p.m. Narain Bhatia reported unanimous support of the Capital Expenditures Committee. 10:30 p.m. Deborah Brown reported unanimous support of the Appropriation Committee. 10:30 p.m. Following a voice vote, the Moderator declared, with more than the required two-thirds vote, the MOTION ADOPTED under ARTICLE 11. 10:31 p.m. Selectman Jeanne Krieger moved the meeting be adjourned. 10:31 p.m. Following a voice vote the Moderator declared the MOTION ADOPTED and the meeting adjourned until 8:00 p.m., Monday, April 2, 2001, Museum of Our National Heritage Auditorium. A true copy. Attest: Donna M. Hooper, Town Clerk Adjourned Session of 2001 Annual Town Meeting April 2, 2001 2001 ANNUAL TOWN MEETING April 2, 2001 The third session of the 2001 Annual Town Meeting was called to order by Moderator Margery M. Battin, at 8:00 p.m., in the Museum of Our National Heritage Auditorium, 33 Marrett Road. A quorum of 183 members was present. The Moderator reminded members of check-in procedures, roles of tellers for standing votes, and time limits for debate. 8:02 p.m. The Moderator declared a recess for a presentation of the Michael Wagner Technology Award to Mr. Thomas Vanichevski, Fiske School grade 5 teacher by School Committee Chairman Robin DiGiammarino. 8:05 p.m. The Moderator declared the meeting back in session and recognized Selectman Jeanne Krieger for a presentation to H. Bigelow Moore, the recently retired 10- year Parking Enforcement Officer. Selectman Krieger presented Mr. Moore with a parking meter replica. 8:08 p.m. The Moderator declared the meeting open under ARTICLE 2. 8:08 p.m. Marshall Derby, Lexington Housing Assistance Board, presented the Report of LexHab. Mr. Derby outlined plans of the Board to await potential availability of units at Khatadin Woods in 2003 for which the Board may exercise purchase rights. In addition Mr. Derby reported housing completed in 2000 and possible tax title lot availability for an additional house to be constructed. Mr. Derby summarized total number of units owned and administered by LexHab. 8:13 p.m. Recreation Committee Chairman Sandra Shaw submitted the Report of the Recreation Committee. 8:23 p.m. Thomas Verne Griffiths, Capital Expenditures Committee Chairman, moved the Report of the Capital Expenditures Committee be ACCEPTED AND PLACED ON FILE. Mr. Griffiths summarized the Committee's report. 8:40 p.m. Following a UNANIMOUS voice vote, the Moderator declared the Report of the Capital Expenditures Committee ACCEPTED AND PLACED ON FILE. The Moderator explained plans for the order of Articles to be taken up this evening, with Article 14 being taken first, then Article 8, of which section 8(h) will be taken first then the rest of Article 8 will be handled. 8:41 p.m. Selectman Peter Enrich MOVED that ARTICLE 14 be taken out of order and explained the reasons for such, being prudent to do so because if the recommended $50,000 for tree planting is adopted, allocation of funds within Article 8 will be required. Following a voice vote, the Moderator declared the motion ADOPTED and ARTICLE 14 now before the meeting. 8:42 p.m. Selectman Peter Enrich moved the following: ARTICLE 14: TREE PLANTING AND MAINTENANCE MOTION: That the sum of$50,000 be appropriated for the planting of trees on town owned land and for the maintenance of trees, and that such amount be raised in the tax levy. Mr. Enrich explained request and reported unanimous support of the Board of Selectmen. 8:45 p.m. Conservation Commission member Philip Hamilton reported the unanimous support of the Commission. 8:45 p.m. Charles Hornig reported the Capital Expenditures Committee opposes Article 14, stating the request should be included in the operating budget. 8:48 p.m. Richard Eurich, pr.3, reported the Appropriation Committee's opposition to this motion (8-1) and commented this request should be an operating item. 8:49 p.m. After a voice vote on Article 14, the Moderator called for a standing vote, Adjourned Session of 2001 Annual Town Meeting April 2, 2001 tallied as follows: Precinct YES NO Abstain 1 5 13 2 7 12 3 12 3 4 6 9 5 12 6 6 10 7 7 9 7 8 9 6 9 6 11 AL 6 9 TOTAL 82 83 8:55 p.m. With 82 voting in the affirmative and 83 in the negative, the Moderator DECLARED the MOTION NOT ADOPTED. 8:55 p.m. Thomas Verne Griffiths, pr.7, SERVED NOTICE OF RECONSIDERATION on ARTICLE 14. 8:55 p.m. The Moderator declared Article 8, with Article 8 (h) first before the meeting. 8:56 p.m. Selectman Catherine Abbott reported a 4 member majority of the Board of Selectmen supports tax levy funding of work requested under Article 8, section (h) and moved the following for Article 8, section (h): Article 8: CAPITAL PROJECTS AND EQUIPMENT MOTION: That the following amounts be appropriated for the following capital improvements and that each amount be raised as indicated: (h) Playground and Recreation Facilities Improvement-$50,000 and that $50,000 be raised in the Tax Levy; 8:57 p.m. Selectman Abbott requested the Moderator recognize Recreation Committee Member Richard Neumeier. Mr. Neumeier explained facilities improvement plans and presented slides on proposed work. Mr. Neumeier explained funding commitments of the Recreation Committee and the Committee's position that it is not prudent to fund requested work from the Recreation Enterprise Fund. 9:07 p.m. Shirley Stolz, pr.8, reported the Capital Expenditures Committee strongly supports tax levy funding for this project, not Enterprise Fund. 9:10 p.m. Sheldon Spector, pr.6, Appropriation Committee, reported of the need to fund the requested work from the Enterprise Fund. 9:13 p.m. Sheldon Spector, Appropriation Committee,moved the following amendment: AMENDMENT: Article 8 (h)be amended to read"Playground and Recreation Facilities Improvement - $50,000 and that $50,000 be transferred from the Recreation Enterprise Fund." 9:13 p.m. Richard Neumeier reminded the meeting of the 1997 Appropriation Committee support for the plan of the Selectmen for tax levy funding, and reported the Recreation Committee's opposition to the amendment. 9:14 p.m. Shirley Stolz reported the Capital Expenditures Committee's unanimous opposition to Mr. Spector's amendment. 9:15 p.m. Selectman Catherine Abbott reported a majority of the Board of Selectmen favor tax levy funding and oppose the amendment. 9:15 p.m. Frank Sandy, pr.6, spoke in support. 9:17 p.m. David Kanter, pr.7, spoke against the amendment and opined the policy for the source of funding should be respected. Adjourned Session of 2001 Annual Town Meeting April 2, 2001 9:18 p.m. Marina Smith, pr.4, questioned playground plans and playing field injuries at Lincoln Park. 9:19 p.m. Richard Pagett, pr.6, questioned if funding is to be spent on paving roadway at Lincoln Park and suggests no improvements to the Park until paved. Richard Neumeier reported the Committee had no plans for paving in the foreseeable future. 9:21 p.m. Lauren MacNeil, pr.2, questioned previous year's expenses and if debt incurred. Sandra Shaw reported the center pool complex option had not been exercised. 9:23 p.m. Neal Boyle, pr.7, spoke in favor of the amendment. 9:24 p.m. Paul Lapointe, pr.2, spoke in opposition to the amendment and supported the 5-yr. plan for playground capital expenditures to be paid from the tax levy. 9:24 p.m. Myla Kabat-Zinn, pr.2, questioned soil testing at the Lincoln Park site. Recreation Committee Chairman Sandra Shaw requested the DPW Park and Tree Superintendent Dave Pinsonneault be recognized. Mr. Pinsonneault reported a 12" deep layer of wood chips would be laid for the tot lot. 9:28 p.m. Philip Morse-Fortier, pr.7, questioned estimated available enterprise funds generated from the operation of Pine Meadows, and estimated 2002 expenses. Recreation Committee member Donald Chisholm reported on upcoming years' projected capital Expenditures. 9:31 p.m. Jacqueline Davison, pr.3, questioned the 1990 Recreation Long Range Plan. Donald Chisholm explained the 1990 LRP for Pine Meadows Golf Course is currently underway and the Development Master Plan for Lincoln Park is due in the summer of 2001. 9:33 p.m. Mark Anderson, 2 Thoreau Rd, questioned the opposition of the Capital Expenditures Committee and Board of Selectmen to the amendment. 9:34 p.m. Shirley Stolz reported the Capital Expenditures Committee's opposition is both philosophical as well as related to funding availability. 9:35 p.m. Catherine Abbott reported the Board of Selectmen's position is based upon support of tax levy funding policy and available free cash. 9:35 p.m. Appropriation Committee member Sheldon Spector spoke on policies for funding of playgrounds and of the need for their being revisited. 9:36 p.m. The Moderator called the vote on Mr. Spector's amendment. 9:36 p.m. Following a voice vote, the Moderator's declaration the amendment not adopted was challenged by more than 20 members. 9:41 p.m. The Moderator called for a standing vote on Mr. Spector's amendment, tallied as follows: Precinct YES NO Abstain 1 13 6 2 7 12 3 7 9 4 4 14 5 11 8 6 8 9 7 3 12 8 5 11 9 7 10 AL 7 9 TOTAL 72 100 9:41p.m. With 72 voting in the affirmative and 100 in the negative, the Moderator DECLARED the AMENDMENT NOT ADOPTED. Following a voice vote on Article 8(h) the Moderator declared the MOTION ADOPTED. 9:41 p.m. Thomas Verne Griffiths, pr.7, served NOTICE OF RECONSIDERATION on ARTICLE 8 (h). Adjourned Session of 2001 Annual Town Meeting April 2, 2001 9:41 p.m. The Moderator declared ARTICLE 8, sections (a) — (g), CO and (j) before the meeting. Article 8: CAPITAL PROJECTS AND EQUIPMENT MOTION: That the following amounts be appropriated for the following capital improvements and that each amount be raised as indicated: 9:41 p.m. Selectman Catherine Abbott moved the following for 8(a) and reported the unanimous support of the Board of Selectmen for 8(a): (a) Town Building Envelope Remodeling Program - $690,000 and that $123,050 be transferred from receipts reserved for appropriation and that the Treasurer with the approval of the Board of Selectmen is authorized to borrow $566,950 under G.L. c.44, §7(3A); 9:44 p.m. Robert Bowyer, pr.3, questioned including painting projects. 9:47 p.m. Ephraim Weiss, pr.5, questioned the inclusion of sufficient funding within the budget to support the maintenance of these items to be voted. Town Manager Richard White reported the Building and Finance Committee study, chaired by Peter Kelley, from which originates the Building Envelope Program and many of these items, and that the Town will continue with the Building Envelope Program. 9:49 p.m. Town Engineer Peter Chalpin elaborated on the required building repairs. 9:50 p.m. Selectman Catherine Abbott moved the following for 8(b) and reported the unanimous support of the Board of Selectmen for 8(b): (b) Public Works Equipment-$384,673 and that$196,623 be raised in the tax levy and $40,000 be transferred from the Water Enterprise Fund and $40,000 be transferred from the Sewer Enterprise Fund and that the Treasurer with the approval of the Board of Selectmen is authorized to borrow $108,050 under G.L.c.44§7(9); 9:56 p.m. Selectman Catherine Abbott moved the following for 8(c) and reported the unanimous support of the Board of Selectmen for 8(c): (c) Fire Vehicle - Rescue - $159,050 and that $36,000 be raised in the tax levy and $123,050 be transferred from the Stabilization Fund; 9:57 p.m. David Kaufman, pr.6, questioned wording of motion on the overhead screen. The Moderator confirmed the correct wording of the motion on the written copy provided to members. 9:58 p.m. Selectman Catherine Abbott moved the following for 8(d) and reported the unanimous support of the Board of Selectmen for 8(d): (d) Pine Meadows Improvements — $230,000 and that $230,000 be transferred from the Recreation Enterprise Fund; 9:59 p.m. Recreation Committee member Donald Chisholm explained proposed driveway work at the golf course. 10:03 p.m. Alan Lazarus, pr.6, questioned Mr. Chisholm on reduction in driveway width and decrease in construction costs. Mr. Chisholm reported an approximate $15,000-$20,000 cost reduction. 10:09 p.m. Anthony Galaitsis, pr.6, questioned procedures for amending Article 8, section (d) and funding of driveway improvements before the parking lot. Mr. Chisholm recapped previously explained reasons. 10:10 p.m. David Kanter, pr.7, questioned overflow parking, potential berm damage on new driveway if parking not controlled, and Committee's response to possible amendment prohibiting parking. Mr. Chisholm reported Adjourned Session of 2001 Annual Town Meeting April 2, 2001 the Committee would not oppose such an amendment. 10:13 p.m. Frank Sandy, pr.5, requested point of parliamentary inquiry and if possible to separate out part (d) from Article 8. The Moderator explained that to be possible if 25 members wish to do so. 10:13 p.m. The Moderator declared,with more than 25 standing, section 8 (d)now to be divided out and voted separately after the rest of Article 8 (a-c, e-g, `i' and j). 10:14 p.m. Selectman Catherine Abbott moved the following for 8(e): (e) Landfill Closure - $100,000 and that $100,000 be raised in the Tax Levy; 10:15 p.m. Selectman Catherine Abbott moved the following for 8(f) and reported the unanimous support of the Board of Selectmen for 8(f): (f) Morgan Road Water Tank Construction - $420,000 and that the Treasurer with the approval of the Selectmen is authorized to borrow $420,000 under G.L.c.44,§8(4); 10:16 p.m. Joel Adler, pr.1, questioned enterprise funding for 8 (f). 10:16 p.m. The Moderator recognized Public Works Director William Hadley for an update on the status of the town's streets. 10:23 p.m. Selectman Catherine Abbott moved the following for 8(g) and reported the unanimous support of the Board of Selectmen for 8(g): (g) Street Related Improvements-$1,000,000 and that$500,000 be raised in the tax levy and the Treasurer with the approval of the Board of Selectmen is authorized to borrow $50,000 under G.L.c.44,§7; and in addition the Selectmen are authorized to accept highway funds from all sources including the$450,000 allocated under Chapter 90 of the General Laws, and the Treasurer with the approval of the Selectmen is authorized to issue Highway Reimbursement Notes under G.L. c.44, §6 as amended; 10:25 p.m. Frank Sandy, pr.6, questioned the bonding of 8 (f) from the Enterprise Fund. Town Manager Richard White explained part of the budget from which borrowing is paid for the debt service for Water& Sewer Enterprise fund borrowing. 10:26 p.m. Alan Lazarus, pr.6, opined concern of street resurfacing methods and follow-up conducted to assess effectiveness. Public Works Director William Hadley explained the four types of resurfacing and options sought based upon new technologies. 10:28 p.m. Eric Michelson, pr.1, commented on past resurfacing work. Town Engineer Peter Chalpin reported that Adams Street @ East Street was totally reconstructed and ground water conditions have caused premature road surface failure. 10:29 p.m. Ephraim Weiss,pr.5, commented on the need to better handle street damage done by utility company work. Selectman Catherine Abbott acknowledged the Board of Selectmen Street Opening Permit process. Public Works Director William Hadley summarized the 5- year moratorium on newly paved streets and town efforts to better address the problem. 10:31 p.m. Ephraim Weiss,pr.5, commented further of damage by utility companies. 10:32 p.m. Marianne Lazarus, pr.6, commented on utility company damage to streets. 10:33 p.m. Selectman Catherine Abbott moved the following for 8(i) and reported the unanimous support of the Board of Selectmen for 8(i): (i) Financial Software Upgrade-$425,000 and that the Treasurer with the Adjourned Session of 2001 Annual Town Meeting April 2, 2001 approval of the Selectmen is authorized to borrow $425,000 under G.L.c.44,§7; 10:35 p.m. David Kanter, pr.7, questioned hardware costs for upcoming years. Management Information Systems (MIS) Director Connie reported the anticipated life of the hardware. 10:35 p.m. Sam Silverman, pr.5, questioned the software upgrade and availability of data. MIS Director Connie Rawson reported the second phase of the project involves a browser product. 10:38 p.m. Anne Ripley, pr.6, questioned if the town would have a phase- in of the software. Finance Director John Ryan reported the proposed software implementation would have a test mode prior to implementation but would not be running parallel. Mr. Ryan reported the Town is very comfortable with staff handling implementation. 10:41 p.m. Selectman Catherine Abbott moved the following for 8(j): (j) Printing Equipment - $0 School Committee member Scott Burson reported on the Committee's withdrawal of funding request for this initiative upon the recommendation of the finance committees. Mr. Burson reported the commitment of the School Committee for joint operations with the municipal departments to avoid duplication. 10:42 p.m. Thomas Verne Griffiths, pr.7, Capital Expenditures Committee,reported the Capital Expenditures Committee unanimously supports Article 8, sections (a-c, e-g, i-j). 10:42 p.m. Sheldon Spector,pr.6, Appropriation Committee,reported the Appropriation Committee strongly supports Article 8, sections (a-c, e-g, i-j). 10:43 p.m. Following a voice vote,with more than the required TWO-THIRDS vote,the Moderator DECLARED the motion for Article 8, sections (a-c, e-g, i-j) ADOPTED. 10:44 p.m. Thomas Verne Griffiths served NOTICE of RECONSIDERATION of Article 8, sections (a-c, e-g, i-j). 10:45 p.m. Selectman Jeanne Krieger moved the meeting be adjourned until Wednesday, April 4, 2001. 10:45 p.m. Following a voice vote the Moderator declared the motion ADOPTED and the meeting adjourned until 8:00 p.m., Wednesday, April 4, 2001, Museum of Our National Heritage Auditorium. A true copy. Attest: Donna M. Hooper, Town Clerk 2001 ANNUAL TOWN MEETING April 4, 2001 The fourth session of the 2001 Annual Town Meeting was called to order by Moderator Margery M. Battin, at 8:00 p.m., in the Museum of Our National Heritage Auditorium, 33 Marrett Road. A quorum of 180 members was present. The Moderator declared the meeting open under ARTICLE 2. 8:04 p.m. Andrew Friedlich, pr.5, reported on planned Community Conversation meetings over the upcoming weeks, to be co-sponsored by the Board of Selectmen, the Town's Pay as You Throw Committee, and the Town Meeting Members Association. 8:06 p.m. Donald Chisholm, pr.4, moved the Report of the Senior Center Siting Committee be ACCEPTED AND PLACED ON FILE. Mr. Chisholm reported on the Committee, its Charge and the process undertaken. 8:14 p.m. Following a voice vote, the Moderator declared the motion ADOPTED and the Report of the Senior Center Siting Committee ACCEPTED AND PLACED ON FILE. 8:15 p.m. Anthony Galaitsis presented an overview of the Planning Board's Comprehensive Plan. Following a brief summary, Mr. Galaitsis requested the Moderator recognize Planning Director and Assistant Planning Director Glenn Garber and Maryann McCall-Taylor, Planner, respectively, for an overview. 8:28 p.m. The Moderator outlined the plans for the evening, starting with Article 8 (d), Articles 12, 13, and 17. 8:29 p.m. Richard Pagett, pr.6, inquired about committee reports at Town Meeting. 8:30 p.m. David Rudner, pr.2, inquired about availability of the Planning Board's Report on the town's web site. 8:31 p.m. The Moderator declared Article 8, section (d) now before the meeting: 8:31 p.m. Donald Chisholm, pr.4, presented Article 8 (d), as follows: ARTICLE 8: CAPITAL PROJECTS AND EQUIPMENT MOTION: That the following amounts be appropriated for the following capital improvements and that each amount be raised as indicated: (d) Pine Meadows Improvements — $230,000 and that $230,000 be transferred from the Recreation Enterprise Fund; 8:31 p.m. Donald Chisholm explained the need and plans for reconstructing the entry driveway to Pine Meadows Golf Course. 8:41 p.m. Mr. Chisholm requested the Moderator recognize Acting Fire Chief Peter Torode. Acting Chief Torode addressed public safety issues relating to Driveway as currently laid out. 8:46 p.m. Donald Chisholm addressed additional issues concerning the roadway. 8:47 p.m. Selectman Catherine Abbott reported the unanimous support of the Board of Selectmen. 8:47 p.m. Shirley Stolz, Capital Expenditures Committee, expressed the Committee's confidence in the Recreation Committee and endorsement of the project. 8:48 p.m. The Moderator declared a 5-minute recess for the Appropriation Committee to caucus. 8:55 p.m. The Moderator declared the meeting in session. Appropriation Committee Chairman Paul Hamburger reported a 5-4 majority of the Committee supports the motion. Presenting the Majority Report, Eric Michelson reported the Committee applauds the Recreation Committee's work. Alan Levine presented the Minority Report of the Committee, opposing this year's expenditure. Adjourned Session of 2001 Annual Town Meeting April 4, 2001 9:01 p.m. David Kanter, pr.7, moved the following amendment: AMENDMENT: The motion be amended to add "with a provision for no parking on The reconstructed entrance roadway". 9:02 p.m. Selectman Catherine Abbott reported the unanimous support of the Board of Selectmen for the amendment. 9:02 p.m. Donald Chisholm reported the support of the Recreation Committee for the amendment. 9:03 p.m. Sheldon Spector, pr.6, questioned the enforcement of such a provision. Mr. Chisholm reported enforcement by the course management company. 9:03 p.m. Jed Snyder, pr.5, questioned parking within the existing width. 9:04 p.m. Acting Fire Chief Peter Torode responded the current 12-foot width is insufficient. 9:05 p.m. Jed Snyder,pr.5, further questioned the roadway width and spoke against the amendment. 9:07 p.m. Acting Chief Peter Torode commented further on roadway obstructions. 9:08 p.m. Ephraim Weiss, pr.5, questioned frequency during which two vehicles pass over the course in past years. 9:09 p.m. Paul Hamburger reported the unanimous support of the Appropriation Committee for the amendment. 9:09 p.m. Donald Chisholm reported autos pass many times during the course of a day. 9:09 p.m. Thomas Zimmer, pr.8, commented on golfing at Pine Meadows and pulling off to the side of the roadway to allow other vehicles to pass. 9:11 p.m. Edith Sandy, pr.5, questioned possible police detail arrangements. Police Chief Christopher Casey commented on traffic controlling measures in addition to police details. 9:12 p.m. Sam Silverman, pr.6, questioned parking restrictions, availability,and parking lot expansion plans. 9:13 p.m. Donald Chisholm addressed parking concerns and capacity. 9:15 p.m. Following a voice vote, the Moderator declared the AMENDMENT ADOPTED. 9:16 p.m. Ephraim Weiss, pr.5, questioned roadway alterations. 9:17 p.m. Town Engineer Peter Chalpin addressed roadway construction and pavement conditions. 9:18 p.m. Marianne Lazarus, pr.6, questioned project review by other town boards, traffic demand issues and landscape architect input. 9:21 p.m. Donald Chisholm responded to parking lot size issues and review process. 9:24 p.m. Neal Boyle, pr.7, spoke to saving the mature trees along the driveway and against the motion. 9:26 p.m. Wendy Rudner, pr.7, questioned the number of traffic accidents occurring along the roadway and how the number of required parking spaces was derived, commenting she thought the number of spaces to be excessive. 9:27 p.m. Donald Chisholm responded that he was uncertain as to the number of accidents and explained estimation for required parking spaces. 9:29 p.m. Thomas Zimmer, pr.8, questioned any intent to pave the lot. 9:29 p.m. Donald Chisholm explained the lot surface is under review. 9:31 p.m. Edith Sandy, pr.6, questioned temporary parking areas, costs, and plans for maintenance building construction if roadway were not to be reconstructed. 9:32 p.m. Donald Chisholm commented on temporary parking areas and explained costs for the new maintenance area are estimated slightly in excess of$200,000. 9:34 p.m. Edith Sandy, pr.6, questioned the effect of heavy construction vehicles on a new roadway surface. 9:35 p.m. Donald Chisholm replied that a new roadway would withstand vehicles. Adjourned Session of 2001 Annual Town Meeting April 4, 2001 Town Engineer Peter Chalpin explained that a new roadway would comply with engineering and town standards and would withstand large rubber-tired machinery. 9:36 p.m. Elaine Dratch, pr.5, called the question. The Moderator explained the question could not be called from the floor. 9:36 p.m. Sheldon Spector, pr.6, questioned Chief Torode on the roadway safety issue. Chief Torode explained this is a problem that must be addressed. 9:38 p.m. Ann Ripley, pr.6, spoke against the motion. 9:38 p.m. Scott Burson, pr.4, called the question. 9:38 p.m. Following a voice vote, the moderator declared the question now before the meeting. Mr. Chisholm declined further comment. 9:39 p.m. Following a voice vote the Moderator called for a standing vote, tallied as follows: Precinct YES NO Abstain 1 8 8 2 9 5 3 8 7 4 13 5 5 4 11 6 4 12 7 9 7 8 5 12 9 10 8 AL 13 4 TOTAL 83 79 9:43 p.m. With 83 voting in the affirmative and 79 in the negative, the Moderator DECLARED Article 8(d) ADOPTED AS AMENDED. 9:43 p.m. Thomas Verne Griffiths, pr.7, served NOTICE OF RECONSIDERATION of Article 8 (d). 9:43 p.m. The Moderator declared Article 12 now before the meeting. 9:43 p.m. Presented by Anthony Close, pr.9, School Committee. Mr. Close moved: ARTICLE 12: SCHOOL TECHNOLOGY PROGRAM MOTION: That the sum of$800,000 be appropriated for the purchase of computer hardware, software and equipment; and that to meet this appropriation the Treasurer with the approval of the Board of Selectmen is authorized to borrow $800,000 under G.L.c.44, §7. 9:47 p.m. Mr. Close presented plans for the technology program. 9:47 p.m. Selectman Dawn McKenna reported unanimous support of the Board of Selectmen. 9:48 p.m. George Burnell reported unanimous support of the Capital Expenditures Committee. 9:48 p.m. Ronald Pawliczek reported unanimous support of the Appropriation Committee. 9:48 p.m. Philip Morse-Fortier, pr.7, spoke in favor. 9:49 p.m. David Burns, pr.5, questioned not including this request within the school budget. The Moderator explained this is a capital request. 9:50 p.m. Following a voice vote,the Moderator declared the MOTION ADOPTED by more than the required TWO-THIRDS vote. 9:50 p.m. Thomas Verne Griffiths,pr7, served Notice of Reconsideration of Article 12. 9:50 p.m. The Moderator declared Article 13 now before the meeting. 9:50 p.m. Presented by Michele Hutnik, School Committee. Ms. Hutnik moved: Adjourned Session of 2001 Annual Town Meeting April 4, 2001 ARTICLE 13: SCHOOL CAPITAL PROJECT MOTION: That the sum of$100,000 be appropriated for the purchase of equipment for the school department; and that to meet this appropriation the Treasurer with the approval of the Board of Selectmen is authorized to borrow $100,000 under G.L. c.44,§7(9). 9:50 p.m. Ms. Hutnik explained needs for portable classrooms at Hastings School. 9:55 p.m. Dawn McKenna reported unanimous support of the Board of Selectmen. 9:55 p.m. George Burnell reported unanimous support of the Capital Expenditures Committee. 9:56 p.m. Ronald Pawliczek reported unanimous support of the Appropriation Committee. 9:56 p.m. Following a voice vote, the Moderator DECLARED the MOTION ADOPTED, with more than the required TWO-THIRDS vote. 9:56 p.m. Thomas Verne Griffiths served NOTICE OF RECONSIDERATION of Article 13. 9:57 p.m. The Moderator declared Article 15 now before the meeting. 9:57 p.m. Presented by Selectman Catherine Abbott. Selectman Abbott moved: ARTICLE 15: CARY MEMORIAL LIBRARY BOND AUTHORIZATIONS MOTION: That Article 15 be postponed until Monday, May 14, 2001. 9:57 p.m. Following a voice vote, the Moderator declared the motion ADOPTED and Article 15 postponed until May 14, 2001. 9:58 p.m. The Moderator declared Article 17 now before the meeting. 9:58 p.m. Presented by Loren Wood, pr.3. Mr. Wood moved: ARTICLE 17: ZONING BY-LAW, SECTION 2, DEFINITIONS MOTION: That the Zoning By-Law be amended by adding the following to Section 2, Definitions: PATIO An area of ground paved with stone, asphalt, concrete, brick, flagstone, concrete blocks, pressure treated planks with or without submerged pressure treated joists, or similar materials capable of bearing pedestrian travel, laid on a layer of sand, gravel or suitable material filling an excavation such that the top surface of the paving is flush with the ground, no part is attached to the house, and there is no open space underneath. 9:58 p.m. Loren Wood, pr.3, explained requested Zoning By-Law change. 10:02 p.m. John Davies moved the Report of the Planning Board on Article 17 be ACCEPTED AND PLACED ON FILE. Following a voice vote, the Moderator declared the Report of the Planning Board on Article 17 ACCEPTED AND PLACED ON FILE. Mr. Davies explained the Planning Board's position on Mr. Wood's motion, recommending defeat. 10:02 p.m. Selectman Dawn McKenna reported unanimous support of the Board of Selectmen for defeat of this article. 10:04 p.m. Robert Bowyer, pr.3, urged defeat. 10:06 p.m. John Davies, pr.4, requested the Moderator recognize Emily Donovan, pr.9 and counsel from Palmer and Dodge. Ms. Donovan explained her involvement with this case, explained she would be abstaining from voting, and urged defeat. 10:08 p.m. Following a voice vote, the Moderator declared, with less than the required TWO-THIRDS vote, the motion NOT ADOPTED. 10:09 p.m. The Moderator declared Article 18 now before the meeting. 10:09 p.m. Presented by Loren Wood, pr.3. Mr. Wood moved: Adjourned Session of 2001 Annual Town Meeting April 4, 2001 ARTICLE 18: ZONING BY-LAW, SECTION 3.2.2, VARIANCES MOTION: That the Zoning By-Law be amended by adding to the end of Section 3.2.2 Variances the following: In a residential zone, substantial hardship does not mean deprivation of potential advantage from a prohibited use, nor deprivation of the most advantageous use of the property if a residence, conforming to the requirements of the By-Law, exists or can be constructed, on the property. 10:09 p.m. Loren Wood, pr.3, explained requested Zoning By-Law change. 10:11 p.m. John Davies moved the Report of the Planning Board on Article 18 be ACCEPTED AND PLACED ON FILE. Following a voice vote, the Moderator declared the motion adopted and the Report of the Planning Board on Article 18 ACCEPTED AND PLACED ON FILE. 10:11 p.m. Mr. Davies reported the Planning Board position on the Article, recommending defeat. 10:11 p.m. Emily Donovan, pr.9, and counsel with Palmer and Dodge, explained she disagreed with Mr. Wood on Massachusetts Zoning Law, emphasized jurisdiction of localities over zoning, spoke against the motion, and explained she would be abstaining from voting. 10:17 p.m. Albert Zabin, pr.1, spoke in favor. 10:21 p.m. Dawn McKenna reported the unanimous support of the Board of Selectmen for disapproval of this motion. 10: 21 p.m. David Kanter, pr.7, spoke against. 10:23 p.m. Frank Sandy, pr.6, spoke against. 10:24 p.m. Paul Chernick, pr.6, questioned the Planning Board as to meaning of the motion. 10:25 p.m. John Davies explained proposed changes should define a hardship. 10:25 p.m. Following a voice vote, the Moderator declared, with less than the required TWO-THIRDS vote, the MOTION NOT ADOPTED. 10:26 p.m. The Moderator declared Article 19 now before the meeting. 10:26 p.m. Presented by Loren Wood, pr.3. Mr. Wood moved: ARTICLE 19: ZONING BY-LAW, SECTION 3.2.2, VARIANCES MOTION: That this article be INDEFINITELY POSTPONED. 10:26 p.m. Following a voice vote, the Moderator declared the motion ADOPTED and Article 19 INDEFINITELY POSTPONED. 10:27 p.m. The Moderator declared Article 20 now before the meeting. 10:27 p.m. Presented by Alan Lazarus, pr.6. Mr. Lazarus moved: ARTICLE 20: ZONING BY-LAW SECTION 22, OFF STREET PARKING AND LOADING MOTION: That the Zoning By-Law of the town of Lexington be amended by amending Section 11, Off Street Parking and Loading, by adding the following section to Section 11, which section shall be designated section 11.9.3. 11.9.3 When there is a proposed change of use(s) within all or a part of a building within a CB district and: (1) the change of use(s) results in a reduction in the number of required parking spaces under this Section 11 as compared to the number of required parking spaces required under this Section 11 calculated on the basis of the use(s) within the building immediately prior to the change, then (2) the number of required parking spaces calculated on the basis of the use(s) within the building immediately prior to the change shall be calculated and certified in writing by the building owner or a representative of the owner to the town zoning officer and approved by the Town zoning officer; in which case (article 20 cont...) (3) said higher number of certified parking spaces shall be attributed to Adjourned Session of 2001 Annual Town Meeting April 4, 2001 said building and available for use in connection with said building for purposes of meeting the parking requirements under this Section 11 resulting from future changes in use(s) within said building. Section 6, Nonconforming Situations, subsection 6.6.1, Nonconforming Parking Spaces,Loading Bays be amended by striking subsection 2 of section 6.6.1 in its entirety and substituting therefor the following subsection 2. Section 6.6.1... (2) if there is a net decrease in the number of required parking spaces or loading bays, the number of parking spaces and loading bays available for future changes of use(s) shall be the number of parking spaces or loading bays available based on the use(s) of the building immediately prior to the change of use(s) resulting in said net decrease as certified to and approved by the Town zoning officer in accordance with section 11.9.3(2). 10:27 p.m. The Moderator recognized Mr. John Farrington to explain requested action. Mr. Farrington reviewed requested changes and impact. 10:33 p.m. Thomas Harden, pr.8, moved the Report of the Planning Board on Article 20 be ACCEPTED AND PLACED ON FILE. Following a voice vote, the Moderator declared the Report of the Planning Board on Article 20 ACCEPTED and PLACED ON FILE. Mr. Harden reported the Planning Board is in unanimous support. 10:35 p.m. Selectman Leo McSweeney reported the unanimous support of the Board of Selectmen. 10:35 p.m. Robert Bowyer, pr.3, spoke in support. 10:37 p.m. David Kanter, pr.7, questioned space allocations and computations. John Farrington clarified allocations and computations. 10:40 p.m. Sam Silverman, pr.5, questioned parking space allocations. Mr. Farrington clarified. 10:41 p.m. Marianne Lazarus, pr.6, questioned changes in building use and space. 10:42 p.m. Following a voice vote, the Moderator DECLARED, with more than the required TWO-THIRDS vote, the MOTION ADOPTED. 10:43 p.m. Selectman Jeanne Krieger moved the meeting be adjourned. 10:43 p.m. Following a voice vote the Moderator declared the motion ADOPTED and the meeting adjourned until 8:00 p.m., Monday, April 9, 2001, Museum of Our National Heritage Auditorium. A true copy. Attest: Donna M. Hooper, Town Clerk 2001 ANNUAL TOWN MEETING April 9, 2001 The fifth session of the 2001 Annual Town Meeting was called to order by Moderator Margery M. Battin, at 8:00 p.m., in the Museum of Our National Heritage Auditorium, 33 Marrett Road. A quorum of 175 members was present. The Moderator declared a recess for Representative Jay Kaufman to recognize 14 National Merit Scholars. Mr. Kaufman then reported on the three home rule petitions from Lexington, as passed at previous years town meeting, which became law in the 2000 legislative session: • H4893,An Act relative to the Conservation Commission in Lexington,Chapter 412 of the Acts of 2000; • H5212,An Act providing for noncriminal enforcement of the rules and regulations of the Historic Districts Commission in Lexington,Chapter 426 of the Acts of 2000; • H5351,An Act relative to utility lines in Lexington,Chapter 424 of the Acts of 2000. 8:14 p.m. The Moderator declared the meeting in session, reminded town meeting on procedures, and declared Article 21 before the meeting. 8:16 p.m. Presented by Andrew Friedlich, pr.5. Mr. Friedlich moved: ARTICLE 21: REZONING PROPOSAL, 7 HARTWELL AVENUE MOTION: That the Zoning By-Law of the Town of Lexington be amended by changing the allowed uses in the CD-1 Controlled Commercial and Industrial District to those allowed in Section 4, Table 1 of the Lexington Zoning By-Law, lines 6.11 (Real estate development, management), 6.12 (Finance, credit, investment but not a bank), 6.14 (Professional services such as law, engineering, architecture, consulting service), 6.17 (Office of manufacturer's representative or salesman with no sales or storage and distribution of products from the premises), 7.15a(automatic teller machine). This action amends the action of the 1979 Annual Town Meeting held April 30, 1979 that rezoned the land, commonly known as 7 Hartwell Avenue to the CD-1 District. 8:16 p.m. Andrew Friedlich requested the Moderator recognize Mr. Tom Cox, VP Citizens Bank. Mr. Cox presented the article for consideration. 8:23 p.m. Sara Chase, pr.3, moved the Report of the Planning Board on Article 21 be ACCEPTED AND PLACED ON FILE. 8:23 p.m. Following a unanimous voice vote, the Moderator declared the Report of the Planning Board on Article 21 ACCEPTED AND PLACED ON FILE. 8:23 p.m. Sara Chase, pr.3, presented the position of the Planning Board, recommending adoption. 8:25 p.m. Leo McSweeney reported unanimous support of the Board of Selectmen, with Selectman Dawn McKenna abstaining. 8:27 p.m. Sam Silverman, pr.5, questioned the abandoned way behind the bank. Tom Cox explained ownership is uncertain. 8:27 p.m. Joel Adler, pr.1, questioned the status of the bank's Automatic Teller Machine. Mr. Cox explained the ATM would remain. 8:29 p.m. Joel Adler, pr.1, questioned the traffic pattern and if a traffic study had been conducted. Mr. Cox explained proposed use would reduce traffic. 8:31 p.m. Elaine Dratch, pr.5, urged consideration of traffic impact with loss of banking at Hartwell Avenue and questioned the number of customer transactions at the Hartwell Avenue site. Mr. Cox explained the bank had not been operating for over a year. 8:33 p.m. Ephraim Weiss, pr.5, questioned the abandoned way. Mr. Cox responded the bank rights would not be exercised. Town Counsel Norman Cohen explained often the abutters own to the centerline of abandoned ways. Adjourned Session of 2001 Annual Town Meeting-April 9, 2001 8:34 p.m. Planning Director Glenn Garber commented further on the abandoned way. 8:38 p.m. Thomas Fenn, pr.9, questioned Mr. Cox on restricting bank use at the site, possible incoming tenant, and traffic impact if bank use is removed. Mr. Cox explained it is the intent of Citizens Bank to sell the property. 8:42 p.m. Planning Director Glenn Garber explained the Planning Board point of view on the building usage. 8:44 p.m. Tom Fenn, pr.9, questioned site use for a restaurant. Glenn Garber explained the motion would not permit restaurant usage. 8:45 p.m. David Kanter, pr.7, spoke in support. 8:45 p.m. Susan Elberger, pr.9, moved the question. 8:46p.m. Following a voice vote on if the main question shall now be put, the Moderator declared the MOTION ADOPTED and the main question now before the meeting. 8:46 p.m. With more than twenty persons doubting the vote, the Moderator called for a standing vote on if the main question shall now be put, tallied as follows: PCT YES NO ABSTAIN 1 5 10 2 9 5 3 2 14 4 12 5 5 6 8 6 10 7 7 13 2 8 11 4 9 12 5 AL 6 4 1 TOTAL 86 64 1 8:50 p.m. The Moderator declared, with 86 in favor and 64 opposed, the main question now before the membership. 8:50 p.m. Following a voice vote, the Moderator declared, with more than the TWO- THIRDS vote required, the MOTION ADOPTED. 8:51 p.m. The Moderator declared the meeting open under Article 22. 8:51 p.m. Presented by Joyce Miller, pr.7. Ms. Miller moved: ARTICLE 22: CONSERVATION LAND TRANSFER MOTION: That this article be INDEFINITELY POSTPONED. 8:51 p.m. Following a unanimous voice vote, the Moderator declared the MOTION ADOPTED. 8:52 p.m. The Moderator declared the meeting open under Article 23. ARTICLE 23: CONSERVATION LAND ACQUISITION 8:52 p.m. Joyce Miller, pr.7, spoke on Wright Farm negotiations and plans to retain a land planner to get a good sense of the land value. Ms. Miller stated the Conservation Commission's intent to postpone this article to a Fall Special Town Meeting. 8:53 p.m. Joyce Miller, pr.7, moved: MOTION: That this article be INDEFINITELY POSTPONED. 8:53 p.m. Following a unanimous voice vote, the Moderator declared the MOTION ADOPTED. 8:56 p.m. The Moderator declared the meeting open under Article 25. 8:56 p.m. Presented by Selectman Dawn McKenna. Ms. McKenna moved: ARTICLE 25: SALE OF LAND TO ABUTTER Adjourned Session of 2001 Annual Town Meeting-April 9, 2001 MOTION: That the Selectmen be and they hereby are authorized to convey the land described in the Article to the owner of abutting property for a price of not less than twelve thousand five hundred dollars and on such other terms as the Selectmen may determine, but including a prohibition of any building on such land and a prohibition on any future division of combined lots presently identified as lots 9, 10 and/or 11 on Assessors' Property Map 31. 8:56 p.m. Selectman McKenna spoke on the lot status, future options for restriction, and unanimous support of by the Board of Selectmen. 8:57 p.m. Sheldon Spector, pr.6, questioned authority to lift any restriction in the future, and role of town meeting. 8:57 p.m. Eric Michelson, pr.1, presented the Majority Report of the Appropriation Committee (7-2) in support of the motion. 8:59 p.m. The Moderator declared a 3-minute recess to all the Capital Expenditures Committee to caucus. 9:00 p.m. With the meeting called back in session, Charles Hornig reported the majority of the Capital Expenditures Committee opposes the motion, seeing no value to the town in selling the property at this time. 9:01 p.m. Andrew Friedlich, pr.5, questioned if the abutter is amenable to the restrictions. Selectman McKenna reported the abutter was agreeable, explained the competitive bid process, and price derived. 9:04 p.m. Andrew Friedlich, pr.5, questioned site improvements and possible offset in price. Selectman McKenna reported no offsets would be made. 9:04 p.m. Marianne Lazarus, pr.6, questioned if the owner could build closer to Follen Road. Selectman McKenna reported the owner could build up to the current property line but not on the 10,000 SF parcel. 9:06 p.m. David Kanter, pr.7, questioned if non-abutters were eligible to purchase the property. Selectman McKenna reported yes, non-abutters could bid. 9:07 p.m. Ephraim Weiss, pr.5, spoke in opposition, and lot usage options. 9:08 p.m. Anthony Galaitsis, pr.6, questioned allowable building placement on lots. Selectman McKenna clarified. 9:10 p.m. Paul Lapointe, pr.2, encouraged support. 9:11 p.m. George Burnell, pr.7, questioned the estimated value if property is split and second house constructed; estimated at $525,000 if buildable. 9:12 p.m. Robert Bowyer, pr.3, questioned proceeds from sale. Town Counsel Norman Cohen explained the funds would go into the "Sale of Real Estate Account" for the purchase of other real estate or to retire debt. 9:14 p.m. Roger Borghesani, pr.8, spoke in opposition. 9:15 p.m. Town Counsel Norman Cohen reported he has received no indication from the abutter of any intent to build or expand. 9:16 p.m. Alan Lazarus, pr.6, spoke in opposition and of future rights. 9:16 p.m. George Burnell, pr.7, spoke in opposition due to perceived property value as a separate lot. Town Counsel Norman Cohen clarified that the appraisal referenced a separate building lot, which it is not. 9:17 p.m. David Harris, pr.4, spoke in support. 9:19 p.m. Paul Chernick, pr.6, questioned setback changes and the possibility of adding a restriction requiring a reduction in the setback. Selectman McKenna reported that, to do so, the process would have to be started from the beginning. 9:21 p.m. David Kaufman, pr.6, questioned Town Counsel on abutter usage for 20 years, if that constitutes ownership by adverse possession. Town Counsel Norman Cohen believed it would. 9:21 p.m. Frank Sandy, pr.5, questioned possibilities for building a roadway. Anthony Galaitsis, pr.6 and Planning Board, addressed possibilities and explained lots have insufficient square footage for a roadway to be built. 9:24 p.m. James Barry, pr.1, spoke in favor. Adjourned Session of 2001 Annual Town Meeting-April 9, 2001 9:25 p.m. Jane Trudeau, pr.7, questioned how long the restriction would be in force. Town Counsel Norman Cohen explained it would be a permanent restriction. 9:26 p.m. Anthony Close, pr.9, moved the question. 9:26 p.m. Following a voice vote on if the main question should now be put, the Moderator declared the MOTION ADOPTED and the main question now before the meeting. 9:26 p.m. Following a voice vote, the Moderator declared the MOTION ADOPTED. 9:27 p.m. The Moderator declared Article 26 now before the meeting. 9:27 p.m. Presented by Robert Cunha, pr.2. Mr. Cunha moved: ARTICLE 26: RETIREMENT BOARD MOTION: That this article be INDEFINITELY POSTPONED. 9:27 p.m. Following a voice vote, the Moderator declared the MOTION ADOPTED. 9:27 p.m. The Moderator declared Article 27 now before the meeting. 9:27 p.m. Presented by Selectman Peter Enrich. Selectman Enrich moved: ARTICLE 27: FUND POST RETIREMENT HEALTH INSURANCE MOTION: That the Selectmen be and they hereby are authorized to petition the General court for an Act to provide for post retirement health care funding and supplementary retirement annuities for Town employees. 9:27 p.m. Selectman Enrich explained intent for the filing of the home rule for post retirement benefits and reported Board of Selectmen's unanimous support. 9:28 p.m. Alexander Nedzel, pr.3, reported the Appropriation Committee's unanimous support. 9:29 p.m. Following a unanimous voice vote, the Moderator declared the MOTION ADOPTED. 9:29 p.m. The Moderator declared the meeting open under Article 28. 9:29 p.m. Presented by Selectmen Leo McSweeney. Selectman McSweeney moved: ARTICLE 28: ACCEPT SECTIONS OF MGL CHAPTER 59 MOTION: (a) That the Town accept Section 5K of Chapter 59 of the General Laws; (b) That the Town accept the last paragraph of Section 5 of Chapter 59 of the General Laws. 9:29 p.m. Selectman McSweeney explained the senior tax work-off program and reported the Board of Selectmen's unanimous support. 9:31 p.m. Following a unanimous voice vote, the Moderator declared the MOTION ADOPTED. 9:31 p.m. The Moderator declared the meeting open under Article 29. 9:31 p.m. Presented by Selectman Peter Enrich. Selectman Enrich moved: ARTICLE 29: ADOPT CODE OF THE TOWN OF LEXINGTON MOTION: (a) That the Town adopt the recodification of the General By- Laws and Zoning By-Law as prepared by General Code Publishers as on file in the Office of the Town Clerk; and (b) approve the changes to the General By-Laws and Zoning By-Law as shown in the document on file in the Office of the Town Clerk, a copy of which is provided to all town meeting members. Document on file with Town Clerk: Change Requested Action 1 Amend Chapter 1,General Provisions,Article II,Use and Construction,of the General Bylaws to update the fine schedule for violations of Board of Health regulations in§1-6,Noncriminal Adjourned Session of 2001 Annual Town Meeting-April 9, 2001 Disposition,to delete the references to the following chapters,which have been rescinded by the Board of Health: Chapter I,Diseases Chapter II,Milk Regulations Chapter VI,Ice Chapter VIII, Slaughtering Chapter IX,Offensive Trades,Occupations and Practices Chapter X,First Aid Appliances in Factories and Shops Chapter XI,Child Care Centers Chapter XII,General Provisions Chapter XIII,Governing Bathing Places 2 Amend Chapter 43,Earth Fill and Removal,of the General Bylaws to change"Building Inspector"to "Building Commissioner"in§43-1A. 3 Amend Chapter 90,Officers and Employees,of the General Bylaws to change"draw,supervise the drawing or approve all contracts"to"draw or supervise the drawing or approval of all contracts"in §90-25. 4 Amend Chapter 97,Public Conduct,of the General Bylaws to change"placed at a height of no less than four feet"to"placed at a height of less than four feet" and to change"removing a copy so posted" to"removing such copy as posted"in§97-7B. 5 Amend Chapter 107,Reports and Fees,of the General Bylaws to: A. Add"over"before"5,000 to 10,000 lbs." and before"1000 to 5,000"in the table"Balances and Scales"in§107-3. B. Delete Section 4,which listed fees of the Board of Health. 6 Amend Chapter 135,the Zoning Bylaw to: A. Change all references to the"Building Commissioner" and"Zoning Officer"to read" Building Commissioner or designee". B. Change"planned residential development"to"residential development"in the definitions of "cluster subdivision" and"special residential development"in§135-8 and in§135-16H(1)(d). C. Change"variances-to authorize"to"The Board of Appeals may authorize"in§135-10B. D. Change"to link"to"may link"in§135-12C(3)(b). E. Add"The general objectives of this section are to:"in§135-18A. 9:31 p.m. Selectman Enrich explained the benefits to the Town in adopting a Code, process undertaken, and requested changes to be voted. Selectman Enrich reported the Board of Selectmen's unanimous support and noted the required TWO-THIRDS vote for adoption. 9:34 p.m. David Kanter, pr.7, questioned electronic availability of the documents on the web. Selectman Enrich explained phase II would provide for electronic access. 9:35 p.m. Alan Lazarus, pr.6, moved postponement until Wednesday, April 11. Following a voice vote on postponement, the Moderator declared the Motion NOT ADOPTED. 9:37 p.m. Scott Burson, pr.4, questioned if a conflict were to exist between an actual vote of Town Meeting and the By-Laws, which would prevail. Town Counsel Norman Cohen explained the codifier has made corrections and that by re-adopting the By-Laws under this vote this document would prevail. 9:38 p.m. Marianne Lazarus, pr.6, inquired about a Planning Board report. Planning Director Glenn Garber reported the codification of the By-Law has been handled as an editorial and administrative process and reviewed line by line. 9:40 p.m. Frank Sandy, pr.6, questioned action requested by this motion. 9:40 p.m. Ephraim Weiss, pr.5, spoke in favor of the process and sought further clarification from the Planning Department. Planning Board Chairman Anthony Galaitsis recognized Planning Director Glenn Garber who further clarified By-Law review and the detail of staff scrutiny. 9:42 p.m. Town Clerk Donna Hooper further clarified the codification process and departmental scrutiny of By-Law corrections and requested changes. 9:44 p.m. James Osten, pr.8, questioned clarification of wording and Code adoption if further errors should be detected. Town Counsel Norman Cohen clarified the Code adopted this evening would apply. Adjourned Session of 2001 Annual Town Meeting-April 9, 2001 9:46 p.m. Charles Hornig, pr.8, questioned copyright ownership and cost for Code reproduction. Town Clerk Donna Hooper responded. 9:47 p.m. Fred Martin, pr.7, questioned what's being voted this evening. 9:47 p.m. Following a voice vote, the Moderator declared, with more than the required TWO-THIRDS vote, the MOTION under ARTICLE 29 ADOPTED. 9:47 p.m. The Moderator declared the meeting open under Article 30. 9:48 P.M. Presented by Martha Wood, pr.7, Board of Health. Ms. Wood moved: ARTICLE 30: AMEND SECTION 6 OF ARTICLE I OF THE GENERAL BY-LAWS, NON-CRIMINAL DISPOSITION MOTION: That Section 6 of Article I of the General By-Laws (Chapter 155, Board of Health, of§1-6 of the Code of the Town of Lexington) be amended by adding the following thereto: Article XV Asbestos Removal, Containment and Encapsulation Fine Schedule Article XV 1st offense: $100.00 2nd offense: $200.00 3rd offense: $300.00 9:48 p.m. Martha Wood explained the Board of Health's new asbestos regulations and the requested fine schedule for enforcement. 9:52 p.m. Selectman Catherine Abbott reported unanimous support of the Board of Selectmen. 9:52 p.m. Philip Morse-Fortier, pr.7, moved the following amendment: AMENDMENT: Delete everything after "14 offense...." And replace said section with the following: 1st offense: .075%of annual household income up to a maximum of$100.00 2nd offense: .15%of annual household income up to a maximum of$200.00 3rd offense: .225%of annual household income up to a maximum of$300.00 9:54 p.m. Martin Long, pr.6, questioned determining household income. Mr. Morse- Fortier responded he was uncertain. Town Counsel Norman Cohen explained it is difficult to ascertain. 9:56 p.m. Martha Wood questioned Mr. Morse-Fortier further. Mr. Morse-Fortier again responded he was uncertain and expressed a desire to withdraw the amendment. 9:57 p.m. Following a voice vote on withdrawal of the amendment, the Moderator declared the MOTION ADOPTED and AMENDMENT WITHDRAWN. 9:58 p.m. Sam Silverman, pr.5, questioned fines for offenses beyond the 3rd. Martha Wood explained she understood offenses to be governed by state statute. 9:59 p.m. Myla Kabat-Zinn, pr.2, questioned the effect of the small value of the fines on compliance. Martha Wood explained the fines will be used as a stop-measure. 9:59 p.m. Neal Boyle, pr.7, questioned Martha Wood on the Board of Health pursuing court action against violators. Martha Wood explained court action is always an option. 10:01 p.m. Roger Borghesani, pr.8, summarized OHSA and federal fines, and questioned relationship of Board of Health regulations to State and Federal statutes. Martha Wood explained DEP & OSHA enforce their own regulations. 10:01 p.m. David Kanter, pr.7, questioned the need to amend the motion to reference any offenses beyond the 3rd, and moved the following amendment: AMENDMENT: Change "3rd" to "3rd and subsequent". 10:05 p.m. Following a unanimous voice vote, the Moderator declared the AMENDMENT ADOPTED. Adjourned Session of 2001 Annual Town Meeting-April 9, 2001 10:05 p.m. Following a voice vote, the Moderator declared the AMENDED MOTION under ARTICLE 30 ADOPTED. 10:05 p.m. The Moderator declared the meeting open under Article 31. 10:05 p.m. Presented by Selectman Catherine Abbott. Selectman Abbott moved: ARTICLE 31: AMEND SECTION 6 OF ARTICLE I OF THE GENERAL BY-LAWS, NON-CRIMINAL DISPOSITION MOTION: That Section 6 of Article I of the General By-Laws (Chapter 156, Historic Districts Commission, of§1-6 of the Code of Lexington) be amended by adding the following thereto: Chapter 156, Historic Districts Commission Violations of Chapter 447 of the Acts of 1956 as amended and determinations, rulings and regulations issued thereunder Fine Schedule 1st offense: Warning 2nd offense: $50.00 3rd offense: $100.00 for each day the violation continues 10:05 p.m. Selectman Abbott explained the motion and reported the Board of Selectmen's unanimous support. 10:06 p.m. Dan Fenn, pr.3 and Historic Districts Commission (HDC) member, spoke in favor. 10:07 p.m. Richard Michelson, pr.8, spoke in opposition, commenting the Historic Districts Commission (HDC) has no guidance, everything being a personal opinion of its members. 10:15 p.m. Paul Chernick, pr.6, questioned the fee structure and what constitutes an offense. 10:16 p.m. Dan Fenn, pr.3, explained an offense as action without a certificate and further clarified issuance of citations. Town Manager Richard White and Building Commissioner Steve Frederickson further clarified. 10:21 p.m. David Kanter, pr.7, questioned offenses and fines. 10:24 p.m. Selectman Catherine Abbott clarified the By-Law provides the town the opportunity to impose fines, not the obligation. 10:24 p.m. David Kanter, pr.7, sought further clarification and stated intent to vote in opposition. 10:25 p.m. Sheldon Spector, pr.6, questioned Dan Fenn and Richard Michelson on Historic District Commission guidelines. Dan Fenn responded that the HDC is working on guidelines. Richard Michelson commented the guidelines are still not yet done. 10:27 p.m. Neal Boyle, pr.7, spoke in opposition. 10:29 p.m. David Rudner, pr.2, questioned progress of HDC guideline development. Dan Fenn explained the process of documents is not completed. David Rudner furthered with concern on the lack of guidelines and schedule for completion. Dan Fenn explained no calendar deadline exists but will relay the concerns to the Commission. 10:30 p.m. Joel Adler, pr.1, spoke in opposition. 10:31 p.m. Dan Fenn, pr.3, explained the HDC does not generally extend to shrubbery, unless the shrubs act as a shield. 10:32 p.m. Frank Sandy, pr.5, questioned the HDC guidelines and impact on Cary Library cost overages. 10:33 p.m. Dan Fenn, pr.3, explained major issues with Cary Library cost overages. 10:34 p.m. Thomas Zimmer, pr. 8, questioned if the noncriminal fines are subject to a maximum of$300. Town Counsel Norman Cohen confirmed, and clarified fine enforcement. 10:36 p.m. Peter Kelley, pr.4, spoke in opposition and on the Cary Library process, changes in HDC membership, and lack of consistency in views. Adjourned Session of 2001 Annual Town Meeting-April 9, 2001 10:40 p.m. Alan Lazarus, pr.6, spoke in opposition, opining that the fines cannot be appealed. Town Counsel Norman Cohen explained the appeal procedure. 10:41 p.m. David Williams, pr.5, questioned when the Town places a lien on a home due to Historic District Commission violations. Town Counsel Norman Cohen explained he had never heard of such action being taken. 10:44 p.m. Michele Hutnick, pr.3, moved the question. 10:44 p.m. Following a voice vote, the Moderator declared the MOTION ADOPTED and the main question now put. 10:44 p.m. Selectman Catherine Abbott summarized the background for acceptance. 10:45 p.m. Following a voice vote, the Moderator declared the Motion NOT ADOPTED. 10:46 p.m. Selectman Abbott served NOTICE OF RECONSIDERATION on Article 31. 10:46 p.m. Selectman Jeanne Krieger moved the meeting be adjourned until Wednesday, April 11, 2001. 10:47 p.m. Following a voice vote the Moderator declared the MOTION ADOPTED and the meeting adjourned until 8:00 p.m., Wednesday, April 11, 2001, Museum of Our National Heritage Auditorium. A true copy. Attest: Donna M. Hooper, Town Clerk 2001 ANNUAL TOWN MEETING April 11, 2001 The sixth session of the 2001 Annual Town Meeting was called to order by Moderator Margery M. Battin, at 8:00 p.m., in the Museum of Our National Heritage Auditorium, 33 Marrett Road. A quorum of 164 members was present. The Moderator reported plans for reconsideration of the following articles on Monday, May 14, 2001: Article 14, Article 31, Article 4, line item 3000, and Article 8 (b) possibly. 8:06 p.m. The Moderator declared the meeting open under Article 2. 8:06 p.m. Andrew Friedlich, pr.5, reported on upcoming Community Conversation meetings to discuss the Pay as you Throw program. 8:07 p.m. Paul Hamburger reported on the Appropriation Committee plans on Article 36, amending to make the PAYT program revenue neutral. 8:08 p.m. Selectman Peter Enrich reported on the PAYT for the Selectmen, explaining there is no need to reopen Article 4, line item 3000 to make the program revenue neutral. 8:08 p.m. Peg Perry presented a Report on the Lexington 2020 Vision. 8:16 p.m. The Moderator declared the meeting open under Article 32. 8:17 p.m. Presented by Selectman Peter Enrich. Mr. Enrich moved: ARTICLE 32: AMEND GENERAL BY-LAWS— CONTRACTS MOTION: That Section 1 of Article XXII of the General By-Laws (Chapter 32, Contracts and Deeds, §32-1 of the Code of the Town of Lexington) be amended by changing the figure "$10,000" to "$25,000" each time it appears. 8:18 p.m. Mr. Enrich explained requested action. 8:18 p.m. George Burnell reported unanimous support of the Capital Expenditures Committee. 8:18 p.m. Following a unanimous voice vote, the Moderator declared the MOTION ADOPTED. 8:18 p.m. The Moderator declared the meeting open under Article 33. 8:18 p.m. Presented by Selectman Jeanne Krieger. Ms. Krieger moved: ARTICLE 33: NOISE BY-LAW MOTION: That the General By-Laws be amended by adding a new Chapter XXXV thereto (Chapter 80, Noise Control, §80-1 of the Code of the Town of Lexington) entitled "Noise Control" and that Section 6 of Article I of the General By-Laws (Chapter 80, Noise Control, of§1-6 of the Code of the Town of Lexington) be amended, all as shown in the document on file in the Office of the Town Clerk, a copy of which is provided to all Town Meeting Members. GENERAL BY-LAWS: ARTICLE XXXV Noise Control Section 1: Preamble. The Town of Lexington finds that Excessive or Unwarranted Noise jeopardizes the health, safety, and welfare and degrades the quality of life of its citizens. Section 2: Intent and Purpose. The purpose of this By-Law is to protect the citizens of Lexington from Excessive or Unwarranted Noise. No person owning, leasing, or controlling a source of sound shall willfully, negligently, or through failure to provide necessary equipment, service, or maintenance or to take necessary precautions cause, suffer, allow, or permit Excessive or Unwarranted Noise. This By-Law shall apply to the control of all sound originating within the limits of the Town of Lexington and shall be consistent in scope and application with the relevant state and federal statutes and regulations. Noise related provisions of Article XXVIII, Animals, may be enforced under this By-Law. Adjourned Session of 2001 Annual Town Meeting-April 11, 2001 All town departments and agencies shall, to the fullest extent consistent with federal and state laws and regulations, carry out their programs in such a manner as to comply with this By-Law. Provisions in this By-Law shall not apply to any activity to the extent regulation thereof has been preempted by State or Federal law. Section 3: Definitions. When used in this By-Law, the following definitions shall apply: 3.1 Broadband Noise: Any sound that contains a broad range of tonal sounds. 3.2 Construction: Any site or building preparation, assembly, erection, substantial repair, alteration, destruction or similar action for public or private rights-of-way, structures, utilities, or similar property. 3.3 Emergency: Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage. 3.4 Emergency Work: Any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency. 3.5 Excessive or Unwarranted Noise: Any noise that disturbs a reasonably prudent person or results in Noise Pollution or Noise Injury. 3.6 Motor Vehicle: Any vehicle which is propelled or drawn on land by a motor, such as, but not limited to, passenger cars, trucks, truck-trailers, semi-trailers, campers, tractors, go-carts, snowmobiles, all-terrain vehicles, motorized scooters, racing vehicles, or motorcycles. 3.7 Noise Injury: The condition resulting from any sound that: (a) could cause, or allow to cause injury to the health of humans; (b) endangers or injures personal or real property; or (c) exceeds the applicable maximum permissible noise levels, [as set forth in the Air-Force Regulation AFOSHSTD 48-19, "Hazardous Noise Program"]. 3.8 Noise Level: Measured property of sound, expressed in decibels (dB), obtained with a Type I or II sound level meter as specified under American National Standards Institute (ANSI) standards. 3.9 Noise Pollution: The condition resulting when: (a) a broadband sound source raises the noise level by 10 or more dBA above the ambient noise; or (b) a tonal sound source raises its octave band noise level by 3 decibels or more above the adjacent octave band levels. These threshold levels are identical to those in the DAQC 90-001 (2001). 3.10 Tonal Sound: Any sound that has the characteristics of a pure tone, whine, hum or buzz. Section 4: Prohibition of Excessive or Unwarranted Noise. Generation of Excessive or Unwarranted Noise is prohibited, except as provided by Sections 5 and 8 of this By-Law. In addition, the following restrictions shall apply: 4.1 Construction/Private Service/Maintenance Power Equipment Motorized devices and equipment engaged in construction shall be prohibited from use during the hours of 8:00 p.m. to 7:00 a.m., or as otherwise restricted by a Town of Lexington permit. 4.2 Commercial Trash Collection The operation of commercial trash compactors or collection of trash, rubbish, refuse or debris, which generates Excessive or Unwarranted Noise at any point of public or common pass-by after 11:00 p.m. and before 6:00 a.m. is prohibited. 4.3 Commercial Deliveries or Pick-ups Deliveries or pick-ups for commercial or business purposes between 11:00 p.m. and 6:00 a.m. are prohibited unless the noise level of such deliveries or pick-ups in nearby residential areas does not cause Excessive or Unwarranted Noise. 4.4 Electronic Devices and Musical Instruments No person owning, leasing or controlling the operation of any electronic device or musical instrument shall willfully or negligently cause or permit Excessive or Unwarranted Noise. 4.5 Fixed Plant Equipment Excessive or Unwarranted Noise caused by fixed plant equipment such as, but not limited to, air conditioners, pumps, fans, furnaces, compressors, engines, ventilation equipment and similar fixed plant equipment is prohibited. 4.6 Motor Vehicle Alarms No person owning, leasing, renting or otherwise in control of a motor vehicle will permit the sounding of any horn, alarm or other signaling device for any period of time exceeding ten (10) minutes. Automatic alarm systems must be programmed to reset within ten (10) Adjourned Session of 2001 Annual Town Meeting-April 11, 2001 minutes and may not activate again within the next sixty (60) minutes. A police officer observing any horn, alarm or other signaling device that fails to comply with this section will direct an owner, operator, renter or person in control of the vehicle to silence the motor vehicle alarm. If, after making a reasonable attempt to contact the vehicle owner, operator, renter or person in control of the vehicle (or if that person refuses to comply), the officer may enter the vehicle to shut-off or otherwise disconnect the power source. If unsuccessful, an authorized towing agency may be used to remove the motor vehicle to an approved storage area. The registered owner of the motor vehicle will be responsible for all reasonable costs, charges and expenses incurred for the silencing of the alarm, removal and/or storage of the motor vehicle. 4.7 Stationary Engine Run-up Permitting, allowing or causing generation of Excessive or Unwarranted Noise at any point of public or common pass-by through the unnecessary operation of the engine of a motor vehicle while said vehicle is stopped for a foreseeable period of time in excess of five minutes is prohibited. 4.8 Domestic Mechanical Equipment The outdoor use of domestic mechanical equipment such as lawn mowers and power saws between the hours of 9:00 p.m. and 7:00 a.m. is prohibited. Section 5: Exemptions. The provisions of this By-law shall not apply to sounds emitted during or associated with: (a) police, fire, and civil and national defense activities, or in training exercises related to emergency activities; (b) parades, public gatherings, or sporting events, for which permits have been issued or which are supervised by the school department or the parks and recreation department; (c) non-commercial public speaking and public assembly activities as guaranteed by state and federal constitutions; (d) operation of a farm or any ancillary or related activity that is an ordinary aspect of farming; (e) emergency work including, but not limited to, the operation of any mechanical device, apparatus, vehicle, or equipment used in connection with an emergency; (f) snow removal activity; and (g) any activity to the extent the regulation thereof has been preempted by State or Federal laws or regulations. These exemptions shall not apply if the noise is determined to exist as the result of negligent conduct or actions inconsistent with generally accepted practices. Section 6: Measurement of Excessive or Unwarranted Noise. A determination that Excessive or Unwarranted Noise is caused by a given noise source will be made in accordance with Section 3.8. To determine if there is a noise violation on private property, the noise measurements shall be made at the boundary of the property in which the offending sound source is located. To determine if there is a noise violation in public spaces, the noise measurements shall be made at any location a passerby might lawfully occupy. Section 7: Enforcement and Penalties. The police, fire, health or inspectional services departments, or any designee thereof, shall have power to enforce this By-Law. Any person who violates any provision of this By-Law, if convicted, shall be guilty of a misdemeanor and shall be fined an amount not to exceed $50.00 (fifty dollars) per first violation. Additionally, any person violating this By-Law is also subject to the penalties under Article I, Section 6 of the General By-Law. The imposition of a penalty for any violation shall not excuse the violation or permit it to continue. Each day that such violation continues shall be considered a separate offense. Section 8: Special Permits. (a) The Board of Selectmen, or its designees, may issue a special permit for any activity otherwise forbidden by the provisions of this By-Law. A person seeking such a permit should make a written application to the Board of Selectmen, or designee, on the appropriate form, which shall be available at the office of the Selectmen or its designee. (b) The Board of Selectmen, or its designees, may issue guidelines defining the criteria to be considered and the procedures to be followed in applying for a special permit. The following criteria shall be considered when deciding whether to issue a special permit: (1) whether the cost of compliance will cause an applicant excessive Adjourned Session of 2001 Annual Town Meeting-April 11, 2001 financial hardship; and (2) whether the proposed additional noise will have an excessive impact on neighboring citizens. Section 9: Severability. If any section, paragraph or part of this By-Law is for any reason declared invalid or unconstitutional by any court, every other section, paragraph and part shall continue in full force. Section 10: Relationship to Other By-Laws. Nothing in this By-Law shall be construed to restrict, amend, repeal, or otherwise limit the application or enforcement of existing Town of Lexington By-Laws or Commonwealth of Massachusetts laws. Section 11: Rules and Regulations. The Board of Selectmen, or its designees, may promulgate, after public notice and hearing, Rules and Regulations to effectuate the purposes and intent of this By-Law. However, failure by the Board of Selectmen to promulgate such Rules and Regulations shall not act to suspend or invalidate the effect of this By-Law. GENERAL BY-LAWS ARTICLE I— General Provisions, Section 6. Amendment to Non-Criminal Penalty Provisions In Article I, Section 6 of the General By-Laws, following the paragraph listing the fine schedule for Article XXXII, add the fine schedule for the Article XXXV: Article XXXV Noise Control Fine Schedule: 1st offense - $50.00 per violation 2nd offense - $100.00 per violation 3rd and subsequent offenses - $200.00 per violation 8:19 p.m. Selectman Krieger explained the requested By-Law and noted the April 11t'`version for which an update has been provided to all members. Ms. Krieger reported unanimous support of the Board of Selectmen. 8:20 p.m. Anthony Galaitsis, pr.6 and Julian Bussgang of the Noise By-Law committee presented comments on need for the By-Law. 8:34 p.m. Martha Wood, pr.9, reported unanimous support of the Board of Health. 8:35 p.m. Marilyn Alwan, 4 Raymond St., spoke in support and questioned monitoring of fixed-plant equipment. Mr. Galaitsis responded. 8:38 p.m. David Kanter, pr.7, spoke in general support but explained he would be presenting two amendments. 8:39 p.m. David Kanter, pr.7, moved the following amendment: AMENDMENT: 1. In sec 3.7 ( c): Change "[as set forth in the Air-Force Regulation AFOSHSTD 48-19, 'Hazardous Noise Program']." To "Air Force Standard AFOSHSTD 48-19, 'Hazardous Noise Program', dated 31 March 1994." 2. In Sec 3.8: Change "expressed in decibels (dB)," with "which for the purpose of this By-Law, will be expressed in A-weighted decibels (dBA),". 3. In Sec 3.9: Change "DAQC 90-001 (2001)" to "Massachusetts Division of Air Quality Control (DAQC) Policy 90-001 (2001)". 4. In Sec 4.1: Change "during" to "between" and "to" to "and". 5. In Sec 4.2: Change "after" to "between the hours of' and delete "before". 8:40 p.m. Anthony Galaitsis spoke in favor of the amendment on behalf of the Committee. 8:40 p.m. Following a unanimous voice vote, the Moderator declared the AMENDMENT ADOPTED. 8:40 p.m. David Kanter, pr.7, moved the following amendment: AMENDMENT: In Section 4: In the introductory clause, change "restrictions" to "restriction"; delete in their entirety Sec 4.1-4.5 and 4.7- 4.8; and renumber Sec 4.6 as 4.1. Adjourned Session of 2001 Annual Town Meeting-April 11, 2001 8:40 p.m. David Kanter presented the reasoning for his amendment to remove the sections so noted. 8:43 p.m. Noise Committee Member Julian Bussgang explained the Committee opposed the amendment. 8:44 p.m. Anthony Galaitsis of the Noise Committee compared the proposed restrictions with those of other towns. 8:47 p.m. Jeanne Krieger reported the Board of Selectmen unanimously opposed the amendment. 8:47 p.m. Ephraim Weiss, pr.5, inquired about noise criteria for days and evenings. 8:48 p.m. Anthony Galaitsis, pr.6, explained the criteria and noise pollution/noise injury definitions, explaining no day or night criteria differences. 8:50 p.m. Sheldon Spector, pr.6, spoke in opposition. 8:51 p.m. Following a voice vote on the amendment, the Moderator declared the AMENDMENT NOT ADOPTED. 8:52 p.m. Marina Smith, pr.4, questioned exterior exhaust fan noise and recourse for permits issued for ongoing noise. Selectman Jeanne Krieger explained the specifics had not yet been worked out but there would be opportunity for public comment. 8:53 p.m. Robert Coyne, pr.7, questioned residential burglar alarms. Committee member Julian Bussgang explained burglar alarms are not exempt, but restricted. 8:55 p.m. Anthony Galaitsis explained burglar alarms for homes fall under another jurisdiction. Police Chief Christopher Casey confirmed another By-Law addresses burglar alarms. 8:56 p.m. Sheldon Spector, pr.6, questioned exempt items and intention for public and private work. Anthony Galaitsis explained exemption was for both. 8:57 p.m. Sheldon Spector, pr.6, followed-up with questions regarding citizens making emergency repairs. Anthony Galaitsis replied it was assumed the resident would hire a contractor. 8:58 p.m. Ephraim Weiss, pr.5, raised a technical correction in wording. Anthony Galaitsis deferred to Town Counsel William Lahey who advised on wording acceptability. Mr. Weiss agreed to current wording. 9:00 p.m. Sam Silverman, pr.5, questioned section 7. Town Counsel William Lahey responded that both court action and non-criminal disposition fines are available options. 9:03 p.m. Sam Silverman, pr.5, questioned discretion. Town Counsel explained the discretion is of the enforcement entity. 9:04 p.m. Fred Martin, pr.7, questioned By-Law governance over recreational vehicles such as dirt bikes. 9:05 p.m. Anthony Galaitsis, pr.6, confirmed dirt bikes were subject to this By-Law. 9:07 p.m. Nancy Cannalonga, pr.3, spoke in opposition. 9:08 p.m. Maria-Elena Kostorizos, pr.1, questioned By-Law applicability to animals. 9:09 p.m. Committee member Julian Bussgang explained the applicability. 9:11 p.m. Loren Wood, pr.3, moved the following amendment: AMENDMENT: In 4.1 add "that generate excessive or unwarranted noise" between the words "construction" and "shall"; and in 4.8 add "that generate excessive or unwarranted noise" between the words "equipment" and "such". 9:11 p.m. Anthony Galaitsis reported the Committee's opposition. 9:13 p.m. David Kanter, pr.7, spoke in support. 9:13 p.m. Jeanne Krieger reported the unanimous opposition of the Board of Selectmen and encouraged support of main motion. 9:14 p.m. Jed Snyder, pr.5, questioned noise generated from within a home. 9:16 p.m. Anthony Galaitsis explained the By-Law restricted only outdoor noise. 9:16 p.m. Sheldon Spector, pr.6, questioned special permitting. 9:17 p.m. George Burnell called the question on the amendment and main motion. 9:17 p.m. Following a voice vote on if the amendment shall now be put, the Moderator declared the MOTION ADOPTED and 3 minutes to the maker of the Adjourned Session of 2001 Annual Town Meeting-April 11, 2001 amendment. Mr. Wood spoke no further. 9:18 p.m. Following a voice vote on the amendment, the Moderator declared the AMENDMENT NOT ADOPTED. 9:18 p.m. Following a voice vote on if the main question shall now be put, the Moderator declared the MOTION ADOPTED. 9:19 p.m. Following a voice vote on the main question as amended, the Moderator declared Article 33, as amended, ADOPTED. 9:19 p.m. The Moderator declared the meeting open under Article 34. 9:19 p.m. Presented by Selectman Peter Enrich. Mr. Enrich moved: ARTICLE 34 TREE BY-LAW MOTION: That the General By-Laws be amended by adding a new Chapter XXXVI thereto (Chapter 120, Trees, §120-1 of the Code of the Town of Lexington) entitled "Trees" and that Section 6 of Article I of the General By-Laws (Chapter 120, Trees, of§1-6 of the Code of the Town of Lexington) be amended, all as shown in the document on file in the Office of the Town Clerk, a copy of which is provided to all Town Meeting Members. Town of Lexington Tree By-law Section 1: Preamble The Town of Lexington finds that mature trees have aesthetic appeal, contribute to the distinct character of certain neighborhoods, improve air quality, provide glare and heat protection, reduce noise, aid in the stabilization of soil, provide natural flood- and climate- control, create habitats for wildlife, enhance property values and provide natural privacy to neighbors. Section 2: Intent and Purpose This by-law is enacted for the purpose of preserving and protecting both Public Shade Trees pursuant to General Law Chapter 87 and certain trees on portions of private property. To achieve these purposes, this by-law establishes a Tree Committee and empowers the Committee, in conjunction with the Tree Warden, to regulate the removal and replacement of trees in certain circumstances, and to promote the planting and protection of trees throughout the Town. It is desirable that the Town plant more trees than are removed to compensate for tree losses and the length of time to maturity. The provisions of this by-law, when pertaining to private property, apply only when there is Major Construction or Demolition as defined below and only within Set-back areas. Section 3: Definitions When used in this by-law, the following definitions shall apply: 3.1 Demolition: Any act of pulling down, destroying, removing or razing a building or commencing the work of total or substantial destruction with the intent of completing the same. 3.2 Major Construction: Any construction of a structure on a vacant lot, or any construction of one or multiple structures or additions to structures on an existing lot, wherein there would result an increase of 50% or more in the total footprint of the new structure(s), when compared to the total footprint of the pre-existing structure(s). 3.3 Caliper: Diameter of a tree trunk(in inches) measured 6 inches above the ground for trees up to and including 4-inch diameter, and 12 inches above the ground for larger trees. 3.4 DBH ("Diameter at Breast Height"): The diameter (in inches) of the trunk of a tree (or, for multiple trunk trees, the aggregate diameters of the multiple trunks) measured 4 1/2 feet from the existing grade at the base of the tree. 3.5 Person: Any person, firm, partnership, association, corporation, company or organization of any kind including public or private utility and municipal department. Adjourned Session of 2001 Annual Town Meeting-April 11, 2001 3.6 Protected Tree: Any tree on private land, with a DBH of 8 inches or greater (or any multiple trunk tree with a DBH of 15 inches or greater), located in the Set-back Area (or which, as determined by the Tree Warden, has any portion of the stem between 6 inches and 4 1/2 feet above grade actively growing into the Set-back Area), provided that tree is not hazardous or undesirable. 3.7 Public Shade Tree: Any tree within the public right-of-way except for state highways that, as determined by the Tree Warden, has any portion of the stem between 6 inches and 4 1/2 feet above grade actively growing into the public right-of-way. 3.8 Town Tree: Any tree within a public park or open space under the jurisdiction of the Selectmen acting as park commissioners, on public school grounds, or on any other Town owned land. 3.9 Set-back Area: The portion of the lot which constitutes the minimum side, rear and front yard as per Table 2 ("Schedule of Dimensional Controls") or section 7.4.1 of the Zoning By-law of the Town of Lexington. For purposes of establishing the Set-back Area in which the provisions of this by-law shall apply, the measurement shall be from any point on any property line of the lot, to points along an imaginary line drawn representing the minimum set-back requirement. 3.10 Tree Removal: Any act that will cause a tree to die within a three (3) year period. 3.11 Tree Replacement Fund: A fund administered by the Tree Warden used solely for the purpose of planting trees for the public benefit, in lieu of an applicant's replanting of trees when such replanting is not possible or not desired. The Tree Committee may provide other such definitions or terms in rules and regulations, approved by the Selectmen, deemed useful to implement this by-law. Section 4: Applicability 4.1 Applicability: The circumstances under which the tree protection, removal and replacement regulatory process delineated in this by-law shall apply are as follows: (a) proposed cutting (trunk, limbs or roots) of existing Public Shade Trees on public and private ways (accepted or unaccepted streets) or of Town Trees on Town owned (or leased land being used as a public facility) by any Person (b) proposed Demolition of an existing residential or non-residential structure (c) proposed Major Construction on an existing residential or non-residential lot 4.2 Non-Applicability: This by-law shall not apply in any instance where the Planning Board, the Zoning Board of Appeals or the Conservation Commission have established jurisdiction, including but not limited to the following: (a) the Planning Board regulates the planting, retention and/or replacement of Public Shade Trees, by means of the Board's authority over subdivision of land and/or the administration of Unaccepted Streets under Chapter175, parts 1 —3 (formerly Chapter 5), of the Planning Board's Development Regulations; (b) the Planning Board regulates planting, retention and/or replacement of on-lot trees on private residential land, where said property is subject to a special permit under the Zoning By-law, or issues recommendations emanating from a Preliminary Site Development and Use Plan review; (c) the Zoning Board of Appeals regulates planting, retention and/or replacement of on-lot trees on private non-residential land, where said property is subject to a special permit under the Zoning By-law; (d) the Conservation Commission regulates the retention and/or replacement of on-lot trees, by means of administering the Wetlands Protection Act (Chapter131 and 310 CMR) within jurisdictional areas of the property. Section 5: Tree Warden The Public Grounds Superintendent within the Department of Public Works shall serve as the Tree Warden unless another designee is appointed by the Selectmen. The duties or responsibilities of the Tree Warden shall conform to General Law Chapter 87 and shall include, but not be limited to, the following as may be further specified in this by-law: (a) management of all trees within public rights-of-way and adjacent to public buildings and commons; care and control of trees on Town property if so requested by the Adjourned Session of 2001 Annual Town Meeting-April 11, 2001 Selectmen, and on Town land owned by other Departments such as Schools, Recreation and Conservation, if so requested by the respective Department and approved by the Selectmen; (b) expending funds, in coordination with the Tree Committee, appropriated for planting trees on Town land under the jurisdiction of the Tree Warden; (c) with recommendations from the Tree Committee, granting or denying and attaching reasonable conditions to all permits required under this by-law; (d) work in conjunction with the Tree Committee to seek grants or other assistance concerning the preservation and maintenance of trees in Town; (e) development of rules, regulations, tree inventory, manuals and other data, in conjunction with the Tree Committee, to carry out the purposes and intent of this by-law for approval and promulgation by the Selectmen; (f) enforcement of this by-law; (g) appointment or removal of Deputy Tree Wardens. Moreover, the Selectmen may authorize the Tree Warden to undertake other responsibilities consistent with the purposes and intent of this by-law. Section 6: Tree Committee The Town shall have a Tree Committee that consists of seven (7) members as appointed by the Selectmen. For the first appointments, three (3) members will serve one-year terms; two (2) members will serve two-year terms; and two (2) members shall serve three-year terms. All members up for renewal will then serve three year terms. The Tree Committee shall have the following duties and responsibilities as may be further specified in this by-law: (a) development of rules, regulations, tree inventory, manuals and other data, in conjunction with the Tree Warden, to carry out the purposes and intent of this by-law, for approval and promulgation by the Selectmen; (b) permit the removal of certain trees on private property upon appeal, by an applicant; (c) public education and coordination with other Town Committees and civic groups to promote the purposes and intent of this by-law; (d) work in conjunction with the Tree Warden to seek grants or other assistance concerning the preservation and maintenance of trees in Town. Section 7: Public Shade Trees and Town Trees 7.1 Scope A Public Shade Tree or Town Tree may not be cut, pruned, removed or damaged by any Person or the Town until and unless the Tree Warden issues a written permit pursuant to this section. 7.2 Procedures Any Person seeking to prune or remove a Public Shade Tree or Town Tree shall submit an application to the Tree Warden in accordance with any application requirements issued by the Tree Warden. The Tree Warden shall hold a public hearing on applications for removal, at the expense of the applicant, in accordance with the provisions outlined within General Law Chapter 87. The permit issued by the Tree Warden may specify schedules, terms, and conditions, including requiring the planting of replacement trees. 7.3 Planting of Trees on Public Land Any Person seeking to plant a tree on public land under the jurisdiction of the Tree Warden must obtain written permission from the Tree Warden. Such permission may specify schedules, terms, and conditions as deemed appropriate by the Tree Warden. Section 8: Protected Trees 8.1 Scope The removal of Protected Trees in conjunction with Demolition or Major Construction is prohibited unless authorized by the Tree Warden, or Tree Committee as set forth below. Adjourned Session of 2001 Annual Town Meeting-April 11, 2001 8.2 Procedures When Major Construction or Demolition is planned, the owner of the property shall submit to the Building Commissioner as part of the application for a building or demolition permit a site plan drawn and stamped by a registered land surveyor showing all existing trees on the property of 8" DBH or greater. If any Protected Trees will be removed or damaged in connection with Major Construction or Demolition, the owner of the property shall submit a proposal for tree removal and mitigation to the Building Commissioner with the application for a building or demolition permit. Additionally, if any Protected Trees were removed during the 12 months preceding the application for the building or demolition permit, a tree removal and mitigation proposal regarding the Protected Trees already removed shall be submitted to the Building Commissioner. The proposal shall satisfy the mitigation requirements set forth below and any rules, regulations or manuals promulgated by the Selectmen. The Selectmen shall set an application fee. The Building Commissioner shall refer the tree proposal to the Tree Warden. The Tree Warden shall conduct a site visit. If the applicant's proposal is consistent with the mitigation requirements herein and the rules, regulations or manuals issued by the Selectmen, the Tree Warden will issue a permit within ten (10) business days of receipt by the Tree Warden of the proposal to authorize the tree work. If the proposal does not meet or satisfy these requirements, the Tree Warden shall so notify the applicant and deny the permit. An applicant may appeal the denial or grant of a tree permit to the Tree Committee. The Tree Committee shall conduct a public hearing on the appeal and shall give the public notice thereof, at the expense of the applicant. Public notice shall include all persons owning land within 300 feet of any part of applicant's land at least fourteen (14) days before said hearing. The Tree Committee shall rule within twenty (20) days of the public hearing. Appeals of final decisions of the Tree Committee shall be to Superior Court and shall be limited to whether the decision was arbitrary or capricious. 8.3 Mitigation A Protected Tree shall not be removed unless at least one of the following provisions is satisfied: (a) Replanting of trees: such replanting shall be on the basis of inch of caliper of new tree(s) for each inch of DBH of tree(s) removed, and each replanted tree must have a minimum caliper of 3 inches. The replanting shall occur no later than 12 months after completion of the construction work, either on applicant's land or on land abutting applicant's land with express approval of the owner of such abutting land; (b) Contribution into the Tree Replacement Fund: such contribution shall be $50 per DBH inch of Protected Tree removed not already mitigated as per section 8.3 (a); or (c) The applicant demonstrates that the removal of a Protected Tree is desirable to enhance the landscaping on the lot, and that such removal does not negatively impact in an excessive manner on the character of the neighborhood or on the privacy enjoyed by abutters. 8.4 Tree Replacement Fund The Tree Committee, with input from the Tree Warden, shall have sole discretion concerning the use of funds from the Tree Replacement Fund which shall be disbursed by the Tree Warden for the planting (and maintenance, as necessary) of trees on public land or private property with express approval of owner of such private property. The Tree Warden will consult the Tree Committee concerning specific locations for planting of trees on public land. Section 9: Emergencies and Exemptions Provisions of this by-law shall not apply to: (a) emergency projects necessary for public safety, health and welfare as determined by the Director of Public Works or the Town Manager; (b) trees that are hazardous as determined in writing by the Tree Warden; (c) invasive tree species as identified in the Tree Manual; (d) trees identified by the Commonwealth that pose a risk of disease or insect Adjourned Session of 2001 Annual Town Meeting-April 11, 2001 infestation. Section 10: Enforcement Any person violating this by-law is subject to the penalties under Article I, Section 6 of the General By-laws, General Law Chapter 87 (for violations concerning Public Shade Trees) and other legal enforcement action by the Town. The Tree Warden is authorized to enforce the provisions of Article I of the General By-laws and of General Law Chapter 87. Any other legal enforcement action shall be determined by the Selectmen in consultation with the Tree Committee, the Tree Warden and Town Counsel. Each instance in which a Town Tree or a Protected Tree is removed without a Tree Permit shall constitute an offense under this by-law. When Protected Trees have been removed without a Permit, mitigation (as outlined in section 8.3) shall be required. If mitigation is not completed in due time as determined by the Tree Warden, each day thereafter and until mitigation is complete shall constitute a separate offense. Section 11: Rules and Regulations The Selectmen may promulgate, after public notice and hearing, Rules and Regulations to effectuate the purposes and intent of this by-law. Failure by the Selectmen to promulgate such Rules and Regulations shall not act to suspend or invalidate the effect of this by-law. Section 12: Severability If any section, paragraph or part of this by-law is for any reason declared invalid or unconstitutional by any court, every other section, paragraph and part shall continue in full force. Section 13: Relationship to Other By-laws Nothing in this by-law shall be construed to restrict, amend, repeal, or otherwise limit the application or enforcement of existing Town of Lexington by-laws or Commonwealth of Massachusetts laws. BY-LAW ARTICLE I, SECTION 6 Amendment to Non-Criminal Penalty Provisions Add the following to the end of Article I, Section 6 of the General By-laws: Article XXXVI Trees Fine Schedule: 1st offense - $50.00 per violation 2nd offense - $100.00 per violation 3rd and subsequent offenses - $200.00 per violation 9:19 p.m. Patrick Mehr, pr.3, presented the rationale for the tree By-Law for the Tree Committee. Mr. Mehr's comments were followed by additional comments from Committee member Matthew Foti, who spoke in favor of the By-Law. 9:30 p.m. Bebe Fallick, pr.6, also spoke in favor on behalf of the Committee. 9:33 p.m. Committee Member James Wood, pr.9, presented the Minority Report of the Committee and spoke in opposition. 9:37 p.m. Stacey Bridge-Denzak reported the Planning Board's unanimous support. 9:37 p.m. Selectman Peter Enrich reported for a majority of the Board of Selectmen, which is making no formal recommendation on this article to Town Meeting. 9:38 p.m. Selectman Dawn McKenna reported for a minority of 2 of the Selectmen, speaking against the article and of concerns on the private property piece. 9:42 p.m. Conservation Commission member Joyce Miller spoke in favor. 9:44 p.m. Steven Hurley, pr.8, reported the Design Advisory Committee's unanimous support. 9:45 p.m. Charles Lamb, pr.4, spoke in support. 9:46 p.m. Martin Long, pr.6, questioned the Committee on the definition of protected trees and "undesirable". 9:48 p.m. Patrick Mehr explained "undesirable" to be defined in the tree manual. 9:49 p.m. Martin Long, pr.6, questioned if a reference to a Tree Manual should be made in the By-Law. Mr. Mehr expressed no problem with referencing a Tree Manual in the By-Law. 9:50 p.m. Martin Long, pr.6, moved the following amendment: Adjourned Session of 2001 Annual Town Meeting-April 11, 2001 AMENDMENT: Add to Section 3.6 the words "as defined in the tree manual". 9:52 p.m. Ephraim Weiss, pr.5, questioned if the manual does not yet exist, is it appropriate to refer to it? Town Counsel William Lahey advised. 9:54 p.m. Following a voice vote on the Amendment, the Moderator declared the AMENDMENT ADOPTED. 9:54 p.m. Lorraine Fournier, 24 Cedar St., spoke in opposition and questioned the right of property owners. 9:56 p.m. Leonard Crafts, 5 Munroe Rd., spoke in favor. 9:58 p.m. David Kanter, pr.7, questioned setback requirements and charges for diameters of trees. Mr. Mehr responded. 10:00 p.m. Joel Adler, pr.1, questioned the Committee on protected trees. Mr. Mehr and DPW Manager of Operations Brian Gilbert clarified. 10:02 p.m. Joel Adler, pr.1, spoke in opposition. 10:05 p.m. Carolyn Tiffany, pr.8, spoke in favor. 10:08 p.m. Ephraim Weiss, pr.5, questioned town/public trees and Emery Park trees. 10:09 p.m. Patrick Mehr explained public hearings are required for town-land trees to be cut. 10:10 p.m. James Wood, pr.7, moved the following amendment: AMENDMENT: Section 1:Preamble The Town of Lexington finds that mature trees have aesthetic appeal, improve air quality, provide glare and heat protection,reduce noise,aid in the stabilization of soil,provide natural flood-and climate-control,create habitats for wildlife,and enhance property values. Section 2: Intent and Purpose This by-law is enacted for the purpose of preserving and protecting Public Shade Trees pursuant to Massachusetts General Laws Chapter 87.To achieve these purposes,this by-law establishes a Tree Committee and empowers the Committee, in conjunction with the Tree Warden, to regulate the removal and replacement of trees in certain circumstances, and to promote the planting and protection of trees throughout the Town. It is desirable that the Town plant more trees than are removed to compensate for tree losses and the length of time to maturity. Section 3: Scope This by-law shall apply to Public Shade Trees and Town Trees only;trees located on private property do not fall within the purview of this by-law. This by-law shall not apply in any instance where the Planning Board, the Zoning Board of Appeals or the Conservation Commission have established jurisdiction, including but not limited to where the Planning Board regulates the planting,retention and/or replacement of Public Shade Trees by means of the Board's authority over subdivision of land and/or the administration of Unaccepted Streets under Chapter 175,parts 1-3 (founerly Ch. 5)of the Planning Board's Development Regulations. Section 4: Definitions When used in this by-law,the following definitions shall apply: 4.1 DBH("Diameter at Breast Height):The diameter(in inches)of the trunk of a tree(or,for multiple trunk trees,the aggregate diameters of the multiple trunks)measured 4'/2 feet from the existing grade at the base of the tree. 4.2 Person:Any person,film,partnership,association,corporation,company or organization of any kind,including public or private utilities and municipal departments. 4.3 Public Shade Tree:Pursuant to M.G.L.ch.87,§ 1,any tree within the public right-of-way (except for state highways), as deternined by the Tree Warden. Where the status of a tree is uncertain (i.e. whether the tree is a Public Shade Tree or is located on private property is difficult to discern), a rebuttable presumption shall attach that the tree in question is a Public Shade Tree. 4.4 Town Tree: Pursuant to M.G.L. ch. 87, § 2, any tree within a public park or open space under the jurisdiction of the Selectmen acting as park commissioners,on public school grounds, or on any other Town owned land. 4.5 Tree Manual: A guide to the care and maintenance of existing trees and a document which provides infounation concerning which trees or desirable/undesirable in this geographical region. 4.6 Tree Replacement Fund: In furtherance of M.G.L. ch. 87, §7,a fund administered by the Tree Warden used solely for the purpose of planting trees for the public benefit. The Tree Committee may provide other such definitions or terns in rules and regulations,for approval by the Selectmen,deemed useful to implement this by-law,for application to Public Shade Trees and Town Trees. Section 5: Tree Warden The Public Grounds Superintendent within the Department of Public Works shall serve as the Tree Warden unless another designee is appointed by the Selectmen. The duties or responsibilities of the Tree Warden shall confoun to Massachusetts General Laws Chapter 87 and shall include,but not be limited to,the following: (a) management of all trees within public rights-of-way and adjacent to public Adjourned Session of 2001 Annual Town Meeting-April 11, 2001 buildings and commons;care and control of trees on Town property if so requested by the Selectmen, and on Town land owned by other Departments such as Schools, Recreation and Conservation, if so requested by the respective Department and approved by the Selectmen; (b)trimming,cutting down,or removing Public Shade Trees and Town Trees without a hearing if the tree in question has a DBH of one and one half inches or less(M.G.L. ch. 87, § 5); (c) management of the Tree Replacement Fund; (d)working in conjunction with the Tree Committee to seek grants or other assistance concerning the preservation and maintenance of Public Shade Trees and Town Trees; (e)development of rules,regulations,tree inventory,Tree Manuals and other data,in conjunction with the Tree Committee,to carry out the purposes and intent of this by- law for approval and promulgation by the Selectmen; (f)consulting with the Tree Committee concerning specific locations for planting trees on public land; (g) enforcement of this by-law;and (h)appointment or removal of Deputy Tree Wardens. Moreover, the Selectmen may authorize the Tree Warden to undertake other responsibilities consistent with the purposes and intent of this by-law. Section 6: Tree Committee The Town shall have a Tree Committee that consists of seven(7)members as appointed by the Selectmen. For the first appointments,three(3)members will serve one-year terns;two(2) members will serve two-year terns; and two (2) members shall serve three-year terns. All members up for renewal will then serve three-year teens. The Tree Committee shall have the following duties and responsibilities: (a) Development of rules,regulations,tree inventory,Tree Manuals and other data,in conjunction with the Tree Warden,to carry out the purposes and intent of this by-law, for approval and promulgation by the Selectmen; (b) Public education and coordination with other Town Committees and civic groups to promote the purposes and intent of this by-law; (c)Working in conjunction with the Tree Warden to seek grants or other assistance concerning the preservation and maintenance of public trees in Town. Section 7:Public Shade Trees and Town Trees 7.1 Scope A Public Shade Tree or Town Tree may not be cut,pruned,removed,marked,painted, or damaged by any Person or by the Town until and unless the Tree Warden issues a written peunit. M.G.L.ch.87,§§3,9. In addition,pursuant to M.G.L.ch.87,§9,no Person or the Town may affix any sign,notice,advertisement or other thing to a Public Shade Tree or Town Tree unless the Tree Warden issues a written peunit. 7.2 Procedures Any Person seeking to prune or remove a Public Shade Tree or Town Tree shall submit an application to the Tree Warden in accordance with any application requirements issued by the Tree Warden.The Tree Warden shall hold a public hearing on applications for removal,in accordance with the provisions outlined within M.G.L. ch. 87, §§ 3,4. 7.3 Planting of Trees on Public Land Any Person seeking to plant a tree on public land under the jurisdiction of the Tree Warden must obtain written permission from the Tree Warden,and from the Board of Selectmen if the proposed location is within the Selectmen's jurisdiction. Such peimission may specify schedules,teens,and conditions as deemed appropriate by the Tree Warden. Section 8: Emergencies and Exemptions This by-law shall not apply to situations specified in M.G.L. ch. 87, § 5,nor to: (a) emergency projects necessary for public safety,health and welfare as determined by the Director of Public Works or the Town Manager; (b) trees that are hazardous as deteunined by the Tree Warden; (c) invasive tree species as identified in the Tree Manual;and (d) trees identified by the Commonwealth that pose a risk of disease or insect infestation. Section 9: Enforcement Any person violating this by-law is subject to the penalties under Article I, Section 6 of the General By-laws, M.G.L. ch. 87, §§ 2, 6, 9, 11, 12 (for violations concerning Public Shade Trees) and other legal enforcement action by the Town. The Tree Warden is authorized to enforce the provisions of Article I of the General by-laws and of General Law Chapter 87.Any other legal enforcement action shall be deteunined by the Selectmen who may,in making their deteunination,consult with the Tree Committee,the Tree Warden and Town Counsel. Each instance in which a Public Shade Tree or a Town Tree is removed without a permit issued by the Tree Warden shall constitute a separate offense under this by-law. Any fines levied pursuant to the operation of this by-law shall be deposited,in whole,into the Tree Replacement Fund. Adjourned Session of 2001 Annual Town Meeting-April 11, 2001 Section 10: Rules and Regulations The Selectmen may promulgate,after public notice and hearing and after consultation with the Tree Warden and the Tree Committee,Rules and Regulations to effectuate the purposes and intent of this by-law. Failure by the Selectmen to promulgate such Rules and Regulations shall not act to suspend or invalidate the effect of this by-law. Section 11: Severability If any section, paragraph or part of this by-law is for any reason declared invalid or unconstitutional by any court,every other section,paragraph and part shall continue in full force. Section 12: Relationship to Other Laws Nothing in this by-law shall be construed to restrict, amend, repeal, or otherwise limit the application or enforcement of existing Town of Lexington by-laws or Commonwealth of Massachusetts laws. BY-LAW ARTICLE I, SECTION 6 Amendment to Non-Criminal Penalty Provisions Add the following to the end of Article I, Section 6 of the General By-laws: Article XXXVI Trees Fine Schedule: 1st offense- $50.00 per violation 2nd offense-$100.00 per violation 3rd and subsequent offenses-$200.00 per violation 10:10 p.m. James Wood, pr.7, explained the amendment addresses the public sector trees only. 10:15 p.m. Patrick Mehr, pr.3, reported 9 of the 10 Tree Committee members are in opposition. 10:18 p.m. Stacey Bridge-Denzak reported unanimous opposition of the Planning Board. 10:19 p.m. Peter Enrich reported the majority of the Board of Selectmen leave this up to Town Meeting. 10:19 p.m. Leo McSweeney reported a minority of the Board of Selectmen support the amendment. 10:21 p.m. Jacqueline Davison, pr.3, spoke in opposition. 10:22 p.m. Loren Wood, pr.3, spoke in support. 10:26 p.m. John Davies, pr.4, spoke in opposition. 10:27 p.m. Paul Chernick, pr.6, questioned permitting. 10:28 p.m. Patrick Mehr explained the criteria for issuance of permit is clearly stated in the By-Law. 10:29 p.m. Paul Chernick, pr.6, questioned appeal of action of the Tree Warden. 10:29 p.m. Karl Canter, 6 Munroe Rd., spoke in favor of trees. 10:32 p.m. Peter Kelley, pr.4, spoke in favor of amendment. 10:35 p.m. Albert Zabin, pr.1, spoke in opposition to amendment. 10:38 p.m. Paul Mazerall, pr.9, questioned the diminished tree planting program. 10:40 p.m. Following a voice vote on if the question on the amendment should now be put, the Moderator declared the question now before the meeting and allowed 3 minutes to James Wood, maker of the motion. 10:40 p.m. James Wood, pr.7, summarized. 10:42 p.m. Following a voice vote on the amendment, the Moderator declared the AMENDMENT NOT ADOPTED. 10:42 p.m. Following a voice vote on if the main question should now be put, the Moderator declared the main question now before the meeting. Selectman Peter Enrich relinquished time to the Tree Committee, which declined. 10:42 p.m. The Moderator called for a standing vote on Article 34 tallied as follows: PCT YES NO ABSTAIN 1 7 9 2 9 8 3 16 2 4 14 2 5 11 4 6 14 1 Adjourned Session of 2001 Annual Town Meeting-April 11, 2001 7 8 8 8 15 2 9 11 4 AL 7 3 TOTAL 112 43 10:48 p.m. Following the standing vote, with 112 in favor and 43 opposed, the Moderator declared the MOTION ADOPTED. 10:48 p.m. Martin Long, pr.6, served NOTICE OF RECONSIDERATION on Article 34. 10:49 p.m. The Moderator declared the meeting open under Article 35. 10:49 p.m. Presented by Anthony Galaitsis, pr.6, who moved: ARTICLE 35: PLANNING BOARD MEMBERSHIP TERM MOTION: That the term of members of the Planning Board be changed from five years to three years, beginning with the annual town election in 2002; provided that the term of office of each member of the Planning Board in office at the time of the annual town election in 2002 shall continue until the respective full terms expire. 10:50 p.m. Peter Enrich reported unanimous support of the Board of Selectmen. 10:50 p.m. Frank Sandy, pr.6, questioned if the Planning Board should become an appointed Board rather than elected. 10:52 p.m. Following a voice vote, the Moderator declared the MOTION ADOPTED. 10:52 p.m. Selectman Jeanne Krieger moved the meeting be adjourned until Monday, May 14, 2001. 10:52 p.m. Following a voice vote the Moderator declared the MOTION ADOPTED and the meeting adjourned until 8:00 p.m., Monday, May 14, 2001, Museum of Our National Heritage Auditorium. A true copy. Attest: Donna M. Hooper, Town Clerk 2001 ANNUAL TOWN MEETING May 14, 2001 The seventh session of the 2001 Annual Town Meeting was called to order by Moderator Margery M. Battin, at 8:05 p.m., in the Museum of Our National Heritage Auditorium, 33 Marrett Road. A quorum of 180 members was present. The Moderator thanked the Museum of Our National Heritage, Director John Ott and staff, for hosting the 2001 Annual Town Meeting. The Moderator declared the meeting open under Article 15. 8:15 p.m. Presented by Selectman Catherine Abbott. Selectman Abbott moved: ARTICLE 15: CARY MEMORIAL LIBRARY BOND AUTHORIZATIONS MOTION: That (a) the votes passed under Article 14 of the Warrant for the 1996 Annual Town Meeting and Article 3 of the October 22, 1997 Special Town Meeting be amended by deleting the words "provided that the amount of the authorized borrowing shall be reduced by the amount of such aid received prior to the issuance of bonds or notes under this vote"; and (b) that an additional $1,700,000 be appropriated to construct, originally equip and furnish an addition to and remodel, reconstruct and make extraordinary repairs to Cary Memorial Library, and to purchase additional library equipment including computer hardware and software; and that to meet this appropriation the Treasurer with the approval of the Selectmen is authorized to borrow $1,700,000 under G.L. c 44 §7. 8:15 p.m. Selectman Abbott explained the intention for authorization, briefly explained the library's bid opening earlier in the day, and that bids received were quite a bit higher than anticipated. Selectman Abbott explained it is the intention to give the presentation of the article tonight, allow for questions and answers, then move postponement until May 16th 8:17 p.m. Rev. Jed Snyder, Trustee of Cary Library, and precinct 5 Town Meeting Member, spoke on free public libraries and the difficulties experienced by Cary Library. Reverend Snyder sought support of Town Meeting for the motion. 8:22 p.m. Cary Memorial Library Director Carol Mahoney presented an overview of the story of development, 1975 - 2001. Ms. Mahoney provided an overview of the bids received. 8:34 p.m. William Dailey, Chairman of the Cary Memorial Library Foundation, summarized fundraising efforts of the Foundation. 8:40 p.m. The Moderator reported the Board of Selectmen were in unanimous support of postponement, the Appropriation Committee and Permanent Building Committees will report on May 16, 2001. 8:41 p.m. Paul Chernick, pr.6, questioned the cost breakdown attributable to decisions made by the Historic Districts Commission relating to building modifications. The Moderator explained the Cary Memorial Library mailing to Town Meeting Members. 8:45 p.m. Neal Boyle, pr.7, spoke on the history of the library's program and questioned the proposed checks and balances to control costs. 8:45 p.m. Selectman Abbott responded that the bids are now in-hand. Mr. Boyle further questioned a system of controls over the entire project. Selectman Abbott assured the meeting the project will be closely monitored and managed. 8:47 p.m. Peter Kelley, pr.4, and Permanent Building Committee, explained the PBC shares the concerns and frustrations of a project such as this, that the PBC will have close oversight, and the PBC prepared for the challenge to go forth. Adjourned Session of 2001 Annual Town Meeting-May 14, 2001 8:51 p.m. Frank Sandy, pr.6, questioned the move of Cary Library to Cary Hall and commented on his non-receipt of materials. Library Director Carol Mahoney explained the move timelines. 8:56 p.m. Daniel Busa, pr.1, spoke in opposition. 8:59 p.m. David Kanter, pr.7, requested an explanation of cost changes from original estimate to architect's estimate. 9:02 p.m. Peter Kelley, pr.4 & Permanent Building Committee, explained the building process undertaken, difficulties with estimates and bids, and surprises experienced. 9:09 p.m. Paul Hamburger, pr.5 and Appropriation Committee, provided clarification. 9:10 p.m. Peter Kelley, pr.5, Permanent Building Committee, explained the $7,800,000. 9:10 p.m. The Moderator sought clarification from David Kanter. Mr. Kanter explained clarification sought. 9:10 p.m. After inquiring the sense of Town Meeting on further clarification, the Moderator stated no further clarification was sought. 9:12 p.m. Wendy Rudner, pr.7, questioned negotiations with the new bidders. Peter Kelley, pr.4, explained under the law, no provisions are made for negotiations. Ms. Rudner further questioned unexpected costs and possibility of the Historic Districts Commission reconsidering its requirements. 9:15 p.m. Ian Adamson, 33 Hancock Street and Historic Districts Commission, explained the efforts of the HDC with building changes and perceived financial impact, though the Commission's charge does not include project cost review. 9:18 p.m. Wendy Rudner, pr.7, questioned the turn-down of Historic Districts Commission recommendations. Ian Adamson explained the architect and library committee turned down the decreases. 9:19 p.m. Peter Kelley, pr.4, reviewed the efforts over time of the trustees, architect, library building committee, and the commitment sought from the community. 9:24 p.m. Wendy Rudner, pr.7, stated she sought more answers. 9:24 p.m. Thomas Griffiths, pr.7, Capital Expenditures Committee, questioned Ms. Mahoney on state grant status. Ms. Mahoney explained the grant reverts back to the Mass. Board of Library Commissioners as of July 1, 2001. Mr. Griffiths asked Peter Kelley, PBC, if any Building Code issues exist about which we need to be concerned if we do not move ahead before July 14. Mr. Kelley explained a new State Building Code applies if a building permit is not obtained before July 14 . Mr. Griffiths asked William Dailey what may happen, in his opinion and those of the Foundation, to the funds raised if the town does not proceed. Mr. Dailey explained fundraising pledges may be in jeopardy. 9:26 p.m. William Frawley, pr.3, posed a procedural question regarding the Article's subject at a Special Town Meeting. The Moderator explained not necessarily. (dmh) 9:29 p.m. Patrick Mehr, pr.3, asked if more state funding would be available if this project were to be rejected and the Town began from start. Selectman Abbott explained 45 communities are in line and approved for funding. 9:30 p.m. Patrick Mehr, pr.3, asked if the project does not go forth, where would the library be situated. Selectman Abbott explained it is expected the library would remain at Cary Hall until the current building could be readied for return. 9:31 p.m. Loren Wood, pr.3, questioned how to proceed for Town Meeting to allow the library project to go forward. The Moderator explained that Town Meeting should Adjourned Session of 2001 Annual Town Meeting-May 14, 2001 vote the motion of Article 15. 9:33 p.m. Town Counsel Norman Cohen explained the motion and impact. 9:34 p.m. Loren Wood, pr.3, inquired why Town Meeting is waiting to May 16th to take action. The Moderator explained that Committees and Town Meeting Members need more time to digest the information. 9:35 p.m. Edith Sandy, pr.6, questioned fundraising and possible shortages. Foundation Chairman William Dailey explained the Trustees have committed $1,000,000 and $4,000,000 will come from fundraising. If a shortage occurs, the Foundation guarantees to cover the debt service on the difference raised vs. the $4,000,000. 9:37 p.m. Edith Sandy, pr.6, sought to confirm the Town is not responsible for any shortage. Mr. Dailey confirmed that was correct, tp the $4,000,000 committed. (dmh) 9:38 p.m. Ephraim Weiss, pr.5, questioned Town Counsel on the amount for which the Town is responsible if the motion is adopted. Town Counsel Norman Cohen explained the breakdown. 9:39 p.m. Fred Rosenberg, pr.9, moved postponement of Article 15 until May 16th 9:39 p.m. Charles Hornig clarified the Capital Expenditures Committee's perspective on the financial breakdown of the project. 9:40 p.m. With no further comment from the presenter of the Article, the Moderator called the vote on postponement to May 16 at 8:00 p.m. at Clarke Middle School. 9:40 p.m. Following a voice vote, the Moderator declared the MOTION FOR POSTPONEMENT ADOPTED and ARTICLE 15 postponed until May 16 at 8:00 p.m. at Clarke Middle School. 9:40 p.m. Peter Kelley questioned the Moderator on the order for the evening. The Moderator explained the order planned last meeting to which the meeting will adhere. 9:41 p.m. The Moderator declared under Article 2, reports will be made from the Lighting Options Committee, Hanscom Field Report, and Report of Appropriation Committee. 9:41 p.m. Richard Michelson, pr.8, questioned the authority of Town Meeting to vote order. The Moderator explained Mr. Lazarus maintains control over line item 3000, and Mr. Lazarus has agreed to the order in which it will be taken up. Mr. Michelson inquired further if Mr. Lazarus were to be agreeable could line item 3000 be taken up. The Moderator ruled it would not, as others were notified their reconsideration would be first. (dmh) 9:44 p.m. Myla Kabat-Zinn, pr.2, presented the Report of the Lighting Options Committee, with recommendations for street lighting system upgrade. 9:50 p.m. Carolyn Tiffany, pr.7, presented the Hanscom Field Report, explaining the air traffic situation at Hanscom Field at this time. 9:57 p.m. Paul Hamburger, pr.5, presented the Report of the Appropriation Committee regarding PAYT reconsideration and revenue treatment. 10:05 p.m. The Moderator explained procedures for reconsideration, with thirty minutes for debate and a maximum of 5 minutes for each speaker. Once reconsideration is voted, up or down, the vote is final. 10:05 p.m. Bebe Fallick, pr.6, moved RECONSIDERATION of ARTICLE 14 and presented justification. 10:12 p.m. Peter Enrich reported 3 of the Board of Selectmen favor reconsideration. 10:14 p.m. Charles Hornig reported if the Tree Committee proposes to fund the Article from sources other than capital, the Capital Expenditures Committee would take Adjourned Session of 2001 Annual Town Meeting-May 14, 2001 no position. 10:14 p.m. Richard Eurich reported the Appropriation Committee opposes reconsideration. 10:16 p.m. Neal Boyle, pr.7, questioned any Tree Committee action taken to stop proposed clear-cutting at Depot Square. Bebe Fallick, Tree Committee member, explained the Committee has no authority at this time. Mr. Boyle questioned Committee use of the proposed $50,000. 10:16 p.m. Susan Solomon, 4 Whittier Road, reported the League of Women Voters supports reconsideration. 10:18 p.m. Robert Whitman, pr.8, spoke in support of reconsideration. 10:19 p.m. Carolyn Tiffany, pr.8, spoke in favor of reconsideration. 10:20 p.m. Alexander Nedzel, pr.3, spoke in opposition to reconsideration. 10:22 p.m. Following an uncertain voice vote on reconsideration, the Moderator called for a standing vote, tallied as follows: Pct Yes No Abstain 1 8 9 2 9 9 3 14 3 4 11 7 5 10 6 6 13 5 7 8 8 8 14 3 9 11 8 AL 5 10 TOTAL 103 68 10:25 p.m. The Moderator declared the MOTION for RECONSIDERATION ADOPTED and ARTICLE 14, previously not adopted on April 2"d, now before the meeting, as follows: ARTICLE 14: TREE PLANTING AND MAINTENANCE MOTION: That the sum of$50,000 be appropriated for the planting of trees on town owned land and for the maintenance of trees, and that such amount be raised in the tax levy. 10:26 p.m. Patrick Mehr, pr.3 and Tree Committee member, presented an overview of tree loss over past years and of the need for tree planting and maintenance. 10:30 p.m. Patrick Mehr, pr.3, moved the following substitute motion: AMENDMENT: The original motion, dated March 26, 2001 be replaced by the following motion: "Article 14: Tree Planting MOTION: That the sum of$50,000 be appropriated for the planting of public trees, and that such amount be transferred from the Unreserved Fund Balance" 10:31 p.m. Patrick Mehr explained the purpose of the amendment and the unanimous support of the Tree Committee to use free cash for funding. 10:35 p.m. Selectman Peter Enrich reported the majority of the Selectmen favor appropriation but the majority opposes the Amendment, and that free cash is not the right place for funding. If the amendment were to pass, the Selectmen's intent is to open Article 8 (b) to accommodate $50,000 for the trees from cash capital. 10:37 p.m. Sheldon Spector, pr.6, questioned Mr. Mehr on tree loss figures over the past years. Mr. Mehr explained the figures were taken from the Town Report. Department of Public Works Manager of Operations, Brian Gilbert, confirmed Town Report figures. 10:39 p.m. Charles Hornig reported the Capital Expenditures Committee does not view trees to be a capital project and the Committee will oppose reopening Article 8(b) to provide funding. Adjourned Session of 2001 Annual Town Meeting-May 14, 2001 10:40 p.m. Paul Hamburger reported the Appropriation Committee reviewed free cash estimates and FY2002 figures and opposes the use of free cash to fund this article. 10:42 p.m. John Carroll, pr.3, questioned planned tree planting. DPW Superintendent of Parks and Trees, Dave Pinsonneault, explained the tree planting plan. 10:44 p.m. Daniel Busa, pr.1, questioned developing a public/private tree planting program. 10:45 p.m. Donald Chisholm, pr.4, questioned wording of the amendment and lack of inclusion of maintenance. Patrick Mehr explained the funding intent is strictly for purchase of trees. David Pinsonneault explained DPW tree maintenance efforts within the operating budget. 10:48 p.m. Christopher Busa, pr.9, commented on possible support of landscapers performing work in the town. 10:49 p.m. Following an uncertain voice vote on Mr. Mehr's Amendment, the Moderator called for a standing vote, tallied as follows: Pct Yes No Abstain 1 5 12 2 5 13 3 12 5 4 9 9 5 10 8 6 4 12 7 7 9 8 13 4 9 13 5 AL 6 10 TOTAL 84 87 10:50 p.m. With 84 having voted in the affirmative and 87 in the negative, the Moderator declared the AMENDMENT NOT ADOPTED. 10:54 p.m. Peter Kelley, pr.4, sought clarification from the Moderator on tonight's process. The Moderator explained no articles would be taken up beyond Article 8(b). 10:55 p.m. Ephraim Weiss, pr.5, questioned the Selectmen's opening of Article 8 (b). 10:56 p.m. Selectman Peter Enrich explained the Selectmen's plans with Article 8 (b). 10:59 p.m. Following an uncertain voice vote, the Moderator called for a standing vote on ARTICLE 14, tallied as follows: Pct Yes No Abstain 1 7 10 2 7 10 3 11 5 4 11 6 5 15 2 6 12 5 7 8 8 8 13 4 9 10 6 AL 3 12 TOTAL 97 68 10:59 p.m. With 97 having voted in the affirmative, and 68 in the negative, the Moderator declared the MOTION under Article 14 ADOPTED. 11:00 p.m. Selectman Peter Enrich MOVED RECONSIDERATION of Article 8 (b), as voted on April 2, 2001. Mr. Enrich explained the Selectmen's request to reconsider Article 8 (b) to pay for Article 14, as just adopted, under cash capital and to increase borrowing for Department of Public Works by $50,000. Adjourned Session of 2001 Annual Town Meeting-May 14, 2001 11:06 p.m. Thomas Griffiths, Capital Expenditures Committee, reported the Committee did not support this funding. 11:09 p.m. Richard Eurich reported a majority of the Appropriation Committee (8-1) opposes funding as a capital-item or from free-cash. 11:10 p.m. Frank Sandy, pr.5, spoke in opposition to reconsideration. 11:10 p.m. Following a voice vote, the Moderator declared the Motion for RECONSIDERATION of Article 8(b)NOT ADOPTED. 11:11 p.m. Selectman Jeanne Krieger moved the meeting be adjourned until 8:00 p.m., Wednesday, May 16, 2001 at the Clarke Middle School Auditorium. 11:11 p.m. Following a voice vote the Moderator declared the MOTION ADOPTED and the meeting adjourned until 8:00 p.m., Wednesday, May 16, 2001, Clarke Middle School Auditorium. A true copy. Attest: Donna M. Hooper, Town Clerk 2001 ANNUAL TOWN MEETING May 16, 2001 The eighth session of the 2001 Annual Town Meeting was called to order by Town Clerk Donna M. Hooper at 8:00 p.m., in the Clarke Middle School Auditorium. A quorum of 166 members was present. The Town Clerk explained, in the absence of Moderator Margery M. Battin, the task before the meeting was to appoint a Temporary Moderator for the evening. The Town Clerk sought a motion from the floor and recognized Selectman Jeanne Krieger. Selectman Krieger, prior to making a motion, explained Selectman Leo McSweeney was absent due to recent heart surgery and extended the best wishes of the meeting to Mr. McSweeney for a speedy recovery. Selectman Krieger moved Norman Cohen be appointed Temporary Moderator for the evening. With no further discussion, the Town Clerk called for the vote on Mrs. Krieger's motion. Following a voice vote, the MOTION was ADOPTED and Norman Cohen appointed Temporary Moderator for the evening. Moderator Norman Cohen explained meeting proceedings, and that precinct clerks were to serve as tellers and Mr. Eric Michelson as teller for the At-Large members. The Moderator explained the order of articles for the evening, beginning with Article 15; then reconsideration of Article 31, Article 4 line item 3000, and Article 4 in entirety. 8:12 p.m. The Moderator explained, in response to the numerous questions raised at last meeting pertaining to Cary Library, representatives from the Library would address questions at the beginning. 8:13 p.m. The Moderator declared the meeting open under Article 15. ARTICLE 15: CARY MEMORIAL LIBRARY BOND AUTHORIZATIONS MOTION: That (a) the votes passed under Article 14 of the Warrant for the 1996 Annual Town Meeting and Article 3 of the October 22, 1997 Special Town Meeting be amended by deleting the words "provided that the amount of the authorized borrowing shall be reduced by the amount of such aid received prior to the issuance of bonds or notes under this vote"; and (b) that an additional $1,700,000 be appropriated to construct, originally equip and furnish an addition to and remodel, reconstruct and make extraordinary repairs to Cary Memorial Library, and to purchase additional library equipment including computer hardware and software; and that to meet this appropriation the Treasurer with the approval of the Selectmen is authorized to borrow $1,700,000 under G.L. c 44 §7. 8:13 p.m. Selectman Catherine Abbott explained the process undertaken for the library renovation and provided an overview of the building program. 8:18 p.m. Scott Burson, pr.4, and School Committee member and Trustee of Cary Library, provided an overview of the process undertaken. 8:26 p.m. Reverend Jed Snyder, pr.5, and Trustee of Cary Library, provided an overview of finances and changes in projected costs bringing the total project to $15,000,000. 8:35 p.m. Finance Director John Ryan explained the move of Cary Library to Cary Hall, and preparations undertaken. 8:36 p.m. Library Director Carol Mahoney spoke about daily living in Cary Library, building and programmatic problems, and issues with the 1906, 1955 and 1975 buildings. Ms. Mahoney asked for the help of Town Meeting by supporting this article. 8:42 p.m. Selectman Catherine Abbott responded to some commonly asked questions including those regarding the library move and state code changes. Adjourned Session of 2001 Annual Town Meeting-May 16, 2001 8:46 p.m. Library Director Carol Mahoney reviewed the energy code standard changes, c.13, effective July 1. 8:48 p.m. William Dailey, Chairman of the Cary Library Foundation, reviewed Foundation and Trustee concerns with the current building. 8:58 p.m. Town Manager Richard White addressed project management and control of the project ahead. 9:04 p.m. Selectman Catherine Abbott summarized the project and requested the support of Town Meeting. 9:06 p.m. The Moderator reviewed procedures for furthering debate and requested those not having previously spoken on May 14th be given priority. 9:07 p.m. Thomas Griffiths reviewed the impact of requested funding for this article on the cash capital position. Mr. Griffiths reported unanimous support of the Capital Expenditures Committee for Article 15. 9:10 p.m. Karen Dooks reported a majority of the Appropriation Committee (8-1) supports adoption of the Article. 9:16 p.m. David Rudner, pr.2, questioned the Appropriation Committee on funding implications on the long-term budget process. 9:18 p.m. Paul Hamburger, Appropriation Committee, provided financial estimates. 9:20 p.m. Thomas Griffiths, Capital Expenditures Committee, explained the Committee sees the impact on cash-capital only, possibly impacting the level of capital financing. 9:21 p.m. David Rudner, pr.2, questioned the mechanism for funding. 9:22 p.m. Paul Hamburger concurred with Mr. Rudner. 9:22 p.m. Eric Michelson, pr.1, asked Mr. Burson about cost changes and overages incurred by other towns due to similar problems. Scott Burson, pr.4, deferred to Ms. Mahoney who explained the project status of other communities. 9:24 p.m. Eric Michelson, pr.1, further questioned the state grant process and impact on discrepancies in prices. Selectman Catherine Abbott explained the process and explained the town had no information on price differences of other communities. 9:26 p.m. Eric Michelson, pr.1, questioned the Town Manager regarding a commitment on the library's move, and on changes in persons involved with the library project. 9:26 p.m. Town Manager Richard White explained he was unaware of any commitment made which restricted movement of the Library to Cary Hall. Mr. White further stated his responsibility to report financial aspects of the project to town meeting, and summarized the close work of the Permanent Building Committee, staff and Trustees, etc. 9:28 p.m. Joyce Miller, pr.7, questioned the Library Foundation coverage. 9:30 p.m. Paul LaPointe, pr.2, spoke in support of the project and expressed gratitude to those involved. Mr. LaPointe expressed his professional confidence in the management of the project. 9:33 p.m. Roger Borghesani, pr.8, questioned Selectman Catherine Abbott on the 1998 library appropriation, today's request, and the town guarantee should fundraising not be completely successful. Adjourned Session of 2001 Annual Town Meeting-May 16, 2001 9:35 p.m. Karen Dooks, Appropriation Committee, explained the $9.5 M includes contingency if the Foundation is short on fundraising. 9:35 p.m. Roger Borghesani, pr.8, further questioned the financial obligation. 9:36 p.m. Paul Hamburger, Appropriation Committee, further clarified the $9.5 M. 9:37 p.m. Norman Cohen, as Town Counsel, explained the requirement for the Comptroller to sign a contract, that this motion must be passed and only necessary funds will be borrowed. 9:38 p.m. Elizabeth Haines, 279 Concord Avenue, and President of the League of Women Voters, reported the unanimous support of the LWV for this Article. 9:40 p.m. Edith Sandy, pr.6, questioned major changes due to the law suit against the town, and estimated costs. Library Director Carol Mahoney explained the changes. 9:41 p.m. Edith Sandy, pr.6, then questioned the cost of furnishings. Selectman Catherine Abbott explained the furnishings estimate. 9:43 p.m. Edith Sandy, pr.6, questioned examples where the building may not satisfy the new energy code. Selectman Abbott explained the delay for review& approval would be costly. Library Director Carol Mahoney explained energy code requirements met by the building design. Peter Kelley, pr.4, Permanent Building Committee, explained the building design includes the critical parts of the new energy code. 9:47 p.m. Edith Sandy, pr.6, questioned the Foundation's coverage of any fundraising shortage. William Dailey, Cary Library Foundation, explained the Foundation's commitment. 9:50 p.m. Neal Boyle, pr.7, spoke in opposition. 9:55 p.m. Robin DiGiammarino, pr.2, School Committee, reported all School Committee Members support the motion. 9:57 p.m. Florence Baturin, pr.6, moved the question. 9:57 p.m. The Moderator called for the main question now being put. Following a voice vote, the Moderator declared the main question now put and explained 3 minutes are available to the maker of the motion. 9:58 p.m. Selectman Catherine Abbott clarified capital and operating budget issues and the Board of Selectmen's intent for funding to be taken from cash-capital budget. 9:58 p.m. Following a request for a roll call vote, with less than 50 persons rising, the Moderator reminded the members the motion required a two-thirds vote and called for a voice vote. 9:59 p.m. Following a voice vote, the Moderator DECLARED the MOTION for ARTICLE 15 ADOPTED by more than the required TWO-THIRD VOTE. 9:59 p.m. Michael Schroeder, pr.9, challenged the two-thirds vote. With less than 7 persons rising in support, the Moderator DECLARED the MOTION ADOPTED. 10:01 p.m. Selectman Dawn McKenna moved RECONSIDERATION of ARTICLE 31: AMEND SECTION 6 of ARTICLE I OF THE GENERAL BY-LAWS, NON-CRIMINAL DISPOSITION Selectman McKenna explained the article and purpose for reconsideration, addressed perceived misunderstandings regarding the authority and actions of the Historic Districts Commissions. 10:05 p.m. Richard Michelson, pr.8, spoke against reconsideration. 10:06 p.m. Joann Gschwendtner, Historic Districts Commission Chairman, explained the role of guidelines and the HDC's judging of properties on an individual basis. Selectman McKenna further explained guidelines are one resource available to applicants. 10:10 p.m. Paul Chernick, pr.6, reminded members of commitments made and the Adjourned Session of 2001 Annual Town Meeting-May 16, 2001 special act of the legislature wasn't committing the town to anything and questioned the creditability of the proponents. Selectman McKenna responded to Mr. Chernick's points. 10:16 p.m. Margaret Coppe, pr.9, stated a point of order, and questioned if this was a debate or comments on reconsideration. The Moderator concurred and emphasized comments should be concentrated on the motion for reconsideration. 10:16 p.m. Paul Chernick, pr.6, stated a point of order, and explained he hasn't posed any questions. 10:17 p.m. Joel Adler, pr.1, urged defeat of reconsideration. 10:18 p.m. Ephraim Weiss, pr.5, urged defeat of reconsideration. 10:19 p.m. Alan Lazarus, pr.6, questioned if reconsideration doesn't prevail. The Moderator explained. 10:21 p.m. With no further persons seeking to speak, the Moderator called the question on reconsideration of Article 31. Following a voice vote, the Moderator DECLARED RECONSIDERATION NOT ADOPTED. 10:21 p.m. Alan Lazarus, pr.6, moved reconsideration of, ARTICLE 4: OPERATING BUDGET, LINE ITEM 3000:DPW General Expenses Mr. Lazarus presented reasons for reconsideration and plans for an amendment should reconsideration prevail. 10:24 p.m. David Kanter, pr.7, and PAYT Advisory Committee, spoke in opposition to reconsideration. 10:30 p.m. Selectman Jeanne Krieger reported a majority of the Board of Selectmen oppose reconsideration, that there has been no new information before the meeting, and reviewed misinformation. 10:35 p.m. Peter Kelley, pr.4, addressed procedural issues and debate for reconsideration. 10:36 p.m. Sheldon Spector, pr.6, questioned the thirty minute time limit. 10:37 p.m. Matt Zettek, PAYT (Pay As You Throw) Coordinator, explained feedback from the community and spoke on program design. 10:39 p.m. Alan Levine, Appropriation Committee, reported a majority of the Appropriation Committee recommends NO reconsideration, as no substantive new information has been presented. 10:41 p.m. David Burns, pr.5, questioned the relevancy of comments to reconsideration. Mr. Levine continued with his comments. 10:42 p.m. Nicholas Cannalonga, pr.3, questioned the vote of the Appropriation Committee. Mr. Levine reported vote to be 6 opposed to reconsideration and 2 in favor. 10:43 p.m. Peter Kelley, pr.4, urged reconsideration and presented information he viewed as new. 10:45 p.m. Lorraine Fournier, 24 Cedar Street, spoke against PAYT. 10:50 p.m. Martin Long, pr.6, moved extending debate 30 minutes. The Moderator explained debate could be extended if reconsideration were to be voted. 10:51 p.m. Nancy Bryant, 56A Blossomcrest Rd., spoke in favor of reconsideration. 10:55 p.m. John Andrews, 22 Kendall Rd., PAYT Committee, spoke against reconsideration. With time for debate for reconsideration having expired, the Moderator called the vote on reconsideration. 10:59 p.m. Following a voice vote on reconsideration of Article 4, Line Item 3000, the Moderator declared the vote uncertain and called for a standing vote, tallied as follows: Adjourned Session of 2001 Annual Town Meeting-May 16, 2001 Precinct Yes No Abstain 1 12 5 2 10 7 3 4 9 4 5 13 5 6 8 6 7 10 7 6 9 8 4 13 9 4 13 AL 4 7 TOTAL 62 94 11:04 p.m. With 62 in favor of reconsideration, and 94 opposed, the Moderator DECLARED THE MOTION NOT ADOPTED. 11:05 p.m. Deborah Brown, Appropriation Committee, moved RECONSIDERATION of ARTICLE 4: OPERATING BUDGET, and reported a majority of the Appropriation Committee (7-2) supports reconsideration. Ms. Brown reported should reconsideration prevail, the Appropriation Committee will be proposing an amendment to line items 1100 and 1710 to balance the budget. 11:11 p.m. Selectman Peter Enrich reported the Board of Selectmen unanimously opposed reconsideration. 11:13 p.m. The Moderator clarified line item 3000 would not be reopened if reconsideration prevails. 11:14 p.m. Philip Morse-Fortier, pr.7, questioned support of the School Committee and Planning Board for reconsideration. Robin DiGiammarino reported the School Committee is in unanimous opposition. Anthony Galaitsis reported the Planning Board is in unanimous opposition. 11:15 p.m. Paul Hamburger, Appropriation Committee, clarified new information. 11:16 p.m. David Kessler, pr.3, spoke against reconsideration. 11:17 p.m. Loren Wood, pr.3, spoke in support of reconsideration. 11:17 p.m. Martin Long, pr.6, moved the question. 11:17 p.m. After a voice vote on the question of calling the question on reconsideration, the Moderator declared the vote on reconsideration now called. 11:18 p.m. Following a voice vote on Reconsideration of Article 4, the Moderator declared the MOTION for RECONSIDERATION NOT ADOPTED. 11:18 p.m. The Moderator declared the meeting open under ARTICLE 36. Presented by Selectman Peter Enrich. Mr. Enrich moved: ARTICLE 36: USE OF FUNDS TO REDUCE THE TAX RATE MOTION: That the sum of$1,191,923 be appropriated to reduce the tax levy for the fiscal year beginning July 1, 2001, and that such amount be transferred from the Unreserved Fund Balance. 11:20 p.m. Paul Hamburger reported the opposition of the Appropriation Committee to Mr. Enrich's motion and explained the Committee wished to propose an amendment which would make the PAYT rubbish disposal program revenue neutral. Mr. Hamburger moved the following amendment, AMENDMENT: The amount, $1,191,923, be replaced by the amount, $1,404,923. Mr. Hamburger explained the $213,000 difference in funding makes the PAYT revenue neutral for 2002. 11:22 p.m. Selectman Enrich reported opposition to the amendment by a majority of the Board of Selectmen which believes; it is appropriate to use some of the PAYT revenue; at no time were commitments made that PAYT would be revenue neutral; and Adjourned Session of 2001 Annual Town Meeting-May 16, 2001 the amendment is a dangerous invasion of free cash. 11:26 p.m. Patrick Mehr, pr.3, spoke in favor of the amendment. 11:28 p.m. Albert Zabin, pr.1, spoke in opposition to the amendment. 11:29 p.m. Loren Wood, pr.3, spoke in favor of the amendment. 11:31 p.m. Alexander Nedzel, pr.3, spoke in favor of the amendment. 11:32 p.m. Carol Millard, 85 North St., spoke in favor of PAYT neutrality and gaining the trust of the citizenry. 11:34 p.m. Following a voice vote on the amendment, the Moderator declared the AMENDMENT NOT ADOPTED. With more than 20 doubting the vote, the Moderator called for a standing vote on the amendment, tallied as follows: Precinct Yes No Abstain 1 2 6 2 4 4 3 6 5 4 7 8 5 8 2 6 4 11 7 6 9 8 2 12 9 5 10 AL 7 4 TOTAL 51 71 11:34 p.m. With 51 voting in the affirmative, and 71 in the negative, the Moderator DECLARED the AMENDMENT NOT ADOPTED. 11:37 p.m. Following a voice vote on the main motion on ARTICLE 36, the Moderator declared the MOTION ADOPTED. 11:38 p.m. Selectman Jeanne Krieger moved the 2001 Annual Town Meeting be dissolved. 11:38 p.m. Following a voice vote the Moderator declared the MOTION ADOPTED and the 2001 Annual Town Meeting DISSOLVED. A true copy. Attest: Donna M. Hooper, Town Clerk