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