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2002-03-25 to 2001-05-22-ATM-min
2002 ANNUAL TOWN MEETING March 25, 2002 (See Warrant File for Warrant) The first session of the 2002 Annual Town Meeting was called to order by Moderator Margery M. Battin, at 8:00 p.m., at the National Heritage Museum, 33 Marrett Road. A quorum of 178 members was present. The invocation was offered by Reverend Susan Morrison, United Methodist Church. The Moderator honored deceased Town Meeting members Ronald Colwell, Marjorie Madoff, Diran Semonian and William Spencer Sullivan for their dedicated service to the Town of Lexington. Town Clerk Donna M. Hooper read the Warrant for the Meeting until waived. The Town Clerk read the Constable's Return of the Warrant. 8:10 P.M. The Moderator reviewed procedural matters and explained anticipated Article order and reports to be made to the meeting. 8:10 P.M. Shirley Stolz, pr.8, moved the Report of the Capital Expenditures Committee be ACCEPTED and PLACED on FILE. Following a unanimous voice vote the Moderator DECLARED the Report accepted and placed on file. Ms. Stolz provided a brief summary of the report. Charles Hornig presented a brief statement on budgetary and tax impacts for the Capital Expenditures Committee. 8:20 p.m. Paul Hamburger, pr.5, moved the Report of the Appropriation Committee be ACCEPTED and PLACED on FILE. Following a unanimous voice vote the Moderator DECLARED the Report accepted and placed on file. Mr. Hamburger summarized Special Town Meeting issues and articles. 8:30 p.m. Selectman Jeanne Krieger moved the Annual Town Meeting be recessed until the Special Town Meeting is either recessed or dissolved. 8:31 p.m. Following a unanimous voice vote the Moderator DECLARED the motion adopted and the Annual Town Meeting recessed. A true copy: Donna M. Hooper, Town Clerk --------------------------------------------------------------------------------------- SPECIAL TOWN MEETING March 25, 2002 (See Warrant File for Warrant) The Special Town Meeting was called to order by Moderator Margery M. Battin at 8:32 p.m. at the National Heritage Museum, 33 Marrett Road. A quorum of 178 Town Meeting Members was present. 8:32 p.m. Town Clerk, Donna M. Hooper, read the warrant for the meeting until further reading was waived. The Town Clerk moved waiving reading of the Constable's Return of the Warrant as it was the same as the return for the Annual Town Meeting Warrant read earlier in the evening. 8:33 p.m. The Moderator announced the procedures for the conduct of the meeting. Precinct Clerks were appointed as tellers and Eric Michelson (pr. 1), Appropriation Committee, as teller for the at -large members and members serving on Boards and Committees. 8:33 p.m. The Moderator declared that Article 1 was now before the meeting. Special Town Meeting of March 25, 2002 coot............ ARTICLE 1: STREET RELATED IMPROVEMENTS 8:34 p.m. Presented by Selectman Leo P. McSweeney. MOTION: That $7,000,000 is appropriated for improvements to town streets and the Board of Selectmen is authorized to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; that to meet this appropriation the Treasurer with the approval of the Board of Selectmen is authorized to borrow $7,000,000 under G.L.c.44, §7 or any other enabling authority; and that the Board of Selectmen is authorized to take any other action necessary to carry out this project, provided, however, that this vote shall not take effect until the Town votes to exempt from the limitation on total taxes imposed by G.L.c.59, §21C (Proposition 2'/2) amounts required to pay the principal of and interest on the borrowing authorized by this vote. After a brief comment, and reporting unanimous support of the Board of Selectmen for this article, Selectman McSweeney requested the Moderator recognize Department of Public Works Director William P. Hadley. 8:47 p.m. Mr. Hadley reviewed the history of the street improvement program and outlined plans for a 4 -year, $7,000,000 debt exclusion program. 8:52 p.m. Narain Bhatia reported unanimous support of the Capital Expenditures Committee and Deborah Brown reported unanimous support of the Appropriation Committee. 8:56 p.m. Ephraim Weiss, pr.5, questioned the street maintenance budget. Assistance Town Engineer David Carbonneau addressed current maintenance. William Frawley, pr.3, questioned a previous road study. Mr. Hadley responded. 8:58 p.m. Nicholas Cannalonga, pr.3, questioned any impact on Chapter 90 reimbursement. Mr. Hadley explained the requested funding would be separate and would not impact Chapter 90 funding. 8:59 p.m. Loretta Porter, pr.5, questioned the list of streets shown and Neal Boyle, pr.7, questioned the borrowing schedule. Finance Director John Ryan explained intended borrowing schedule and IRS spending requirements. 9:01 P.M. Martin Long, pr.5, questioned the pavement condition index and Mr. Carbonneau explained. 9:02 p.m. Following a voice vote, the Moderator DECLARED the MOTION ADOPTED by more than the necessary TWO - THIRDS VOTE. 9:02 p.m. Shirley Stolz, pr.8, Capital Expenditures Committee, served NOTICE OF RECONSIDERATION on Article 1. ARTICLE 2: CONSERVATION LAND ACQUISITION 9:04 p.m. Presented by Philip Hamilton, pr. 7. MOTION: That this article be INDEFINITELY POSTPONED. Mr. Hamilton, on behalf of the Conservation Commission, provided a brief explanation of the status on the negotiations for the purchase of the Wright Farm on Grove Street. 9:04 p.m. Following a voice vote, the Moderator declared the motion UNANIMOUSLY ADOPTED. ARTICLE 3: LINCOLN PARK 9:05 p.m. Presented by Selectman Dawn McKenna. MOTION: That this Article be POSTPONED UNTIL APRIL 1, 2002. 9:05 p.m. Following a voice vote, the Moderator declared the motion UNANIMOUSLY ADOPTED. Special Town Meeting of March 25, 2002 coot............ ARTICLE 4: SCHOOL CAPITAL PROJECT 9:06 p.m. Presented by Robin DiGiammarino, pr. 2. MOTION: That a) $950,000 is appropriated to remodel, reconstruct and make extraordinary repairs to the Diamond Middle School; that to meet this appropriation the Treasurer with the approval of the Board of Selectmen is authorized to borrow $950,000 under G.L.c.44, §7, G.L.c.70B or any other enabling authority; and that the Permanent Building Committee is authorized to take any other action necessary to carry out this project; and b) that $150,000 is appropriated for design and architectural and engineering planning for Lexington High School; that to meet this appropriation the Treasurer with the approval of the Board of Selectmen is authorized to borrow $150,000 under G.L.c.44, §7, G.L.c.70B or any other enabling authority; and that the Permanent Building Committee is authorized to take any other action necessary to carry out this project. 9:06 p.m. Ms. DiGiammarino, on behalf of the School Committee, explained requested funding (part A and part B of motion). 9:17 p.m. Moderator Margery Battin made a statement regarding the legal obligation to preserve confidentiality and privacy concerns. 9:18 P.M. George Burnell, pr. 7, reported unanimous support of the Capital Expenditures Committee for this article. Richard Eurich reported unanimous support of the Appropriation Committee for this article. 9:19 P.M. Selectman Peter Enrich reported unanimous support of the Board of Selectmen for part "A" of this motion and that the majority of the Selectmen support part "B" of the motion. Selectman Dawn McKenna reported a minority report of the 2 Selectmen opposed to part `B ". 9:21 p.m. George Burnell, pr.7, addressed the disagreement of the Capital Expenditures Committee on how to proceed at the Lexington High School and the merit of funding part `B" at this time. 9:23 p.m. Paul Lapointe, pr.2, questioned the responsibilities of the design team, possible additional expenditures at the high school, and funding source. Robin DiGiammarino, and John Moynihan of the School Department, responded. 9:27 p.m. James Wood, pr.7, questioned systems considered. John Moynihan responded for the School Department. 9:29 p.m. Masha Traber, pr.5, questioned adaptive technology options. Robin DiGiammarino explained alternatives will be considered. 9:32 p.m. Jed Snyder, pr.5, questioned the total financial situation and options for funding if not adopted tonight. Robin DiGiammarino explained the capital expenditures would be separate from the operating budget. 9:35 p.m. Daniel Busa, pr. 1, questioned retrofitting of schools, standards, and the spending of legal fees to date. Robin DiGiammarino responded. 9:36 p.m. Neal Boyle, prl.7, questioned State reimbursement and obligations. 9:39 p.m. John Doo, Baskin Road, spoke from the audience and questioned potential similar projects for elementary school buildings. 9:40 p.m. Following a voice vote on PART "A" of the motion, the Moderator DECLARED THE MOTION ADOPTED by more than the required 2/3 vote. 9:40 p.m. Following a voice vote on PART `B" of the motion, the Moderator DECLARED THE MOTION ADOPTED by more than the required 2/3 vote. 9:41 p.m. Shirley Stolz, pr.8, served Notice of Reconsideration on Article 4, part " A " and part `B ". Special Town Meeting of March 25, 2002 coot............ 9:41 p.m. The Moderator declared a brief recess, requested by Anthony Close, pr. 9, for the School Committee to caucus. The meeting was declared reconvened at 9:58 p.m. . ARTICLE 5: REMODELING /CONSTRUCTION OF TOWN SCHOOLS 10:00 P.M. Presented by Anthony Close, pr.9. MOTION: That $32,150,000 is appropriated to design, construct, originally equip and furnish two new elementary schools to replace the current Fiske and Harrington Elementary Schools; that to meet this appropriation the Treasurer with the approval of the Board of Selectmen is authorized to borrow $32,150,000 under G.L.c.44, §7(3), G.L.c.70B or any other enabling authority; and that the Permanent Building Committee is authorized to take any other action necessary to carry out this project, provided, however, that this vote shall not take effect until the Town votes to exempt from the limitation on total taxes imposed by G.L.c.59, §21C (Proposition 2'/2) amounts required to pay the principal of and interest on the borrowing authorized by this vote. Mr. Close explained the plans for the replacing of the Harrington and Fiske schools, scheduling, and anticipated State reimbursement. 10:10 P.M. George Burnell, pr.7, reported the unanimous support of the Capital Expenditures Committee for the motion. Sheldon Spector, pr.6, reported the unanimous support of the Appropriation Committee for the motion, recognized the need for the renovations and possible uncertainty of State funds. 10:13 p.m. Selectman William Kennedy reported the support of the Board of Selectmen for this motion. 10:14 p.m. Sam Silverman, pr.5, questioned enrollment projections and Chapter 766 costs. Anthony Close responded for the School Committee. Superintendent Joanne Benton explained actions being taken to reduce Chapter 766 costs. 10:16 p.m. Joel Adler, pr. 1, questioned traffic and duration of swing -space use at Harrington School. Anthony Close responded. 10:20 p.m. Wendy Rudner, pr.7, questioned air conditioning costs and summertime use of school buildings. John Moynihan estimated costs to be $210,000 per building and that portions of the buildings will be used during the summer months. 10:23 p.m. Jed Snyder, pr.5, questioned a possible long -term facility on the Harrington school property, possible use of the old Harrington school, and replacement of 2 soccer fields. Anthony Close responded that on building use and soccer field replacement. Mr. Snyder further questioned building scheduling and funding. 10:29 p.m. Ephraim Weiss, pr.5, stated traffic and swing -space concerns of citizens and the burden to be placed on the Harrington community. 10:30 p.m. Dan Busa, pr. 1, addressed State reimbursement and borrowing. Charles Hornig, pr.8 and Capital Expenditures, and Finance Director John Ryan addressed funding status and concerns. 10:32 p.m. Following a voice vote the Moderator DECLARED THE MOTION ADOPTED by more than the required 2/3 vote. 10:32 p.m. Shirley Stolz, pr.8, served NOTICE OF RECONSIDERATION on Article 5. 10:33 p.m. Selectman Jeanne Krieger moved the meeting be adjourned until Monday, April 1, 2002 at 8:00 p.m. Following a voice vote, the Moderator declared the MOTION ADOPTED. A true copy. Attest: Donna M. Hooper, Town Clerk APRIL 1, 2002 ADJOURNED SESSION of the March 25, 2002 SPECIAL TOWN MEETING 8:00 P.M. The second session of the Special Town Meeting was called to order by Moderator Margery M. Battin at 8:00 p.m. at the National Heritage Museum, 33 Marrett Road. A quorum of 174 Town Meeting Members was present. The Lexington Minute Men posted the colors. The Moderator declared a moment of silence in memory of former Town Meeting Members Evelyn Lees and David Reiner. 8:10 P.M. The Moderator declared a recess for Representative Jay Kaufman, Catherine Abbott, Superintendent Joanne Benton and High School Principal Dr. Van Seasholes to honor high school students with citations from the General Court. 8:31 p.m. The Moderator called the meeting to order and declared the Precinct clerks and Eric Michelson would serve as Tellers. 8:32 p.m. The Moderator declared Article 3 now before the Meeting. ARTICLE 3: LINCOLN PARK 8:32 p.m. Presented by Selectman Dawn McKenna. MOTION: That $3,400,000 is appropriated to reconstruct the Lincoln Park athletic fields and parking lot; that to meet this appropriation the Treasurer with the approval of the Board of Selectmen is authorized to borrow $3,400,000 under G.L.c.44, § 7 or any other enabling authority; that while such borrowing shall constitute a general obligation of the Town, it is the intent of the Town that $75,000 of the annual debt service on such borrowing shall be paid from the Recreation Enterprise Fund; and that the Board of Selectmen is authorized to take any other action necessary to carry out this project; provided, however, that this vote shall not take effect until the Town votes to exempt from the limitation on total taxes imposed by G.L.c.59, § 21C (Proposition 2'/2) amounts required to pay the principal of and interest on the borrowing authorized by this vote. 8:33 p.m. After a brief statement Selectman McKenna requested the Moderator recognize Robert Atchinson to explain the purpose of the requested funding. Mr. Atchinson provided an overview of proposed work for the Lincoln Park. 8:42 p.m. The Moderator recognized Landscape Architect Pat Maguire for further explanation. 8:49 p.m. Sandra Shaw reported unanimous support of the Recreation Committee for this motion. 8:51 p.m. Selectman Dawn McKenna reported unanimous support of the Board of Selectmen for this motion. Scott Burson, pr.4, reported unanimous support of the School Committee for this motion. 8:53 p.m. Shirley Stolz, pr.8, moved the Supplementary Report of the Capital Expenditures Committee be ACCEPTED AND PLACED ON FILE. Following a unanimous voice vote, the Moderator declared the report ACCEPTED AND PLACED ON FILE. Ms. Stolz reported the support of the Committee for the motion. 8:56 p.m. Alan Levine, pr. 8, reported the concern of the Appropriation Committee on the funding of this request, that Appropriation Committee is in unanimous support of this project if the Recreation Enterprise Fund were to commit $100,000 annually for 15 years. 9:00 P.M. Richard Neumeier, pr. 3, spoke on the merits of this concern for the Recreation Committee. 9:03 p.m. Paul Hamburger, pr.5, moved the following AMENDMENT: AMENDMENT: The amount, "$75,000" be replaced by the amount 11$100,000 ". April 1, 2002 Adjourned Session of the Special Town Meeting coot........ 9:06 p.m. Mr. Hamburger spoke to the merits of the amendment. 9:06 p.m. Selectman Dawn McKenna reported 4 Selectmen opposed and 1 Selectman in favor of the amendment. 9:07 p.m. Charles Hornig, pr.8, reported the Capital Expenditures Committee opposes the amendment, believing there to be insufficient funds in the Recreation Enterprise Fund. 9:09 P.M. Sandra Shaw spoke against the amendment for the Recreation Committee. 9:10 P.M. David Kanter, pr.7, spoke in support 9:11 P.M. Sam Silverman, pr.5, questioned contribution of the Recreation Committee and inflationary impact. Charles Hornig explained the decision is by Town Meeting. 9:13 p.m. Paul Lapointe, pr.2, spoke in support of the amendment and in support of user fees covering as much of the cost as possible. 9:15 p.m. David Harris, pr.4, questioned user fees in other communities, and the stance of the Appropriation Committee on the original contribution of $75,000. Mr. Levine explained the Committee hadn't voted and would do so after the vote on the amendment. 9:17 p.m. Richard Neumeier, pr.4, addressed user fees in other communities. 9:21 p.m. Alan Levine, pr.8, responded to the issues on amount of annual contributions and field fees. Mr. Levine urged support of the Amendment. Richard Neumeier responded. 9:22 p.m. Peter Kelley, pr.4, questioned reimbursement under the school building reimbursement. Scott Burson responded . 9:24 p.m. George Burnell, pr. 7, explained the Capital Expenditures Committee considered the inclusion in the elementary school project but the costs for that project exceeded the limit and thus would not apply. Mr. Kelley questioned amounts charged to the citizens, less the amount contributed by the Enterprise Fund. Finance Director John Ryan responded. 9:26 p.m. Ephraim Weiss, pr.5, spoke in support of the amendment. 9:28 p.m. Richard Neumeier, pr.3 and Recreation Committee, spoke against the amendment and on the lack of the Appropriation Committee's explanation on the Recreation Enterptrise Fund meeting other obligations. 9:30 p.m. Dan Busa, pr. 1, questioned the additional contribution's impact on the Recreation Enterprise Fund and the cost of the project if not on a former landfill. Pat Maguire, Landscape Architect, confirmed the cost is greater due to being a former landfill site. 9:32 p.m. Alex Nedzel, pr.3, spoke in favor of the amendment. 9:33 p.m. Following a voice vote, the Moderator declared the AMENDMENT ADOPTED. 9:35 p.m. Patrick Mehr, pr.3, questioned the timing and process followed in bringing this Article to Town Meeting at this time. 9:36 p.m. Richard Neumeier, pr.3, explained there is a pressing need to act, that this solution makes sense and that this project had a larger group behind it to move it along. 9:37 p.m. John Rosenberg, pr.4, questioned landscaping at the field and the general plan for Lincoln Field. Don Chisholm spoke on the Master Plan at Lincoln Field. 9:41 p.m. Selectman Dawn McKenna reported the unanimous support of the Board of Selectmen for this motion as amended. 9:42 p.m. Alan Levin reported the unanimous support of the Appropriation Committee for this motion as amended. Shirley Stolz reported the unanimous support of this motion as amended. 9:43 p.m. Albert Zabin, pr. 1, spoke in support of the motion as amended. Pat Maguire, Landscape Architect, responded to Mr. Rosenberg's landscaping question, confirming the project includes in the landscaping in estimated cost. April 1, 2002 Adjourned Session of the Special Town Meeting coot........ 9:45 p.m. Neal Boyle, pr.7, spoke to the worsening of the fields over the past years. 9:47 p.m. George Burnell, pr.7, spoke in favor. 9:50 p.m. Carol Liff, pr.5, questioned erection of a restroom facility. Donald Chisholm explained the proposal only deals with fields, not the complex. 9:52 p.m. LHS Lacrosse Coach David Lautman, spoke in favor. 9:56 p.m. Thomas Diaz, pr.2, questioned field use and injury. Town Counsel William Lahey commented on legal exposure of the Town. 9:58 p.m. LHS Soccer Coach David Walsh spoke in favor. 10:01 P.M. Marina Smith, prl.4, questioned the landfill cap and existence of toxins and gas. Haley & Aldrich architect Keith Johnson explained there is no danger. 10:05 p.m. Tony Galaitsis, pr.5, spoke in favor. 10:06 p.m. Loretta Porter, pr.5, called the question. 10:06 p.m. Following a voice vote to put the question, the Moderator declared the MOTION ADOPTED and recognized Richard DeAngelis of the Recreation Committee for final comments. 10:07 p.m. Following a voice vote on the AMENDED MOTION, the Moderator DECLARED MOTION ADOPTED AS AMENDED by more than the necessary 2/3 vote. 10:08 P.M. Selectman Jeanne Krieger moved the Special Town Meeting be DISSOLVED. 10:08 P.M. Following a voice vote, the Moderator declared the MOTION ADOPTED and the March 25, 2002 Special Town Meeting DISSOLVED. A true copy. Donna M. Hooper, Town Clerk 2002 ANNUAL TOWN MEETING April 1, 2002 Following dissolution of the adjourned session of the March 25, 2002 Special Town Meeting, Moderator Margery M. Battin called to order the adjourned session of the 2002 Annual Town Meeting at 10:09 p.m., Monday, April 1, 2002 at the National Heritage Museum. A quorum of 174 members was present. The Moderator explained the plan was to reconvene again April 8, 2002 and take up Articles 15, 18, 23, 25, and 31 for which Indefinite Postponement is expected. The National Heritage Museum is reserved through April 1; the meeting will then convene at the Clarke Middle School Auditorium. 10:09 P.M. Selectman Jeanne Krieger moved the Annual Town Meeting be adjourned until Monday, April 8 at 8:00 p.m. at the National Heritage Museum. 10:10 P.M. Following a voice vote, the Moderator declared the Motion Adopted and the meeting adjourned until Monday, April 8 at 8:00 p.m. at the National Heritage Museum. A true copy, Attest: Donna M. Hooper, Town Clerk ------------------- - - - - -- 2002 ANNUAL TOWN MEETING April 8, 2002 The third session of the 2002 Annual Town Meeting was called to order by Moderator Margery M. Battin at the National Heritage Museum, 8:00 p.m., April 8, 2002. A quorum of 178 was present. The Moderator explained proceeding for the evening, including reports under Article 2, Article 3, Article 15 and thereafter. Articles 20 and 21 will be taken up on April 10. Indefinite Postponement is anticipated for Articles 15, 18, 23, 26 and 31. 8:06 p.m. Selectman Jeanne Krieger announced a Public Meeting planned for April 11 at the Clarke Middle School to discuss the Pay -As- You -Throw rubbish disposal. 8:07 p.m. The Moderator declared the meeting open under Article 2. ARTICLE 2: REPORTS OF BOARDS AND COMMITTEES 8:07 p.m. Arthur Katz moved the Report of the Cary Lecture Series be Accepted and Placed on File and the Committee discharged. Following a voice vote, the Moderator declared the Motion Adopted. Mr. Katz presented an oral report on this year's lectures. 8:09 P.M. Marshall Derby presented the Report of LexHab (Lexington Housing Assistance Board). Mr. Derby summarized LexHab activities this past year. 8:15 p.m. Nancy Wilson presented an oral report of the 20/20 Vision Implementation Committee. Adjourned Session of 2002 Annual Town Meeting April 8, 2002 ARTICLE 3: APPOINTMENTS TO CARY LECTURE SERIES 8:17 p.m. Presented by Arthur Katz, pr.3. 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 Suzanne E. Cary for the current year. 8:17 p.m. Following a voice vote, the Moderator declared the Motion Unanimously Adopted. 8:17 p.m. Selectman Jeanne Krieger moved articles 15, 16, 17, 18, 19, 22, 23, 24, 25, 26, 27 and 28 be taken up in that order. Following a voice vote, the Moderator declared the Motion Adopted and Article 15 before the meeting. ARTICLE 15: AMEND ZONING BYLAW — REZONING, RO TO CRS, WALTHAM STREET AT WALTHAM TOWN LINE 8:17 p.m. Presented by Selectman Jeanne Krieger. MOTION: That this article be Indefinitely Postponed. 8:17 p.m. Following a voice vote, the Moderator declared the Motion Unanimously Adopted. ARTICLE 16: AMEND ZONING BYLAW —CRS, CHANGE OF USE TO ALLOW ATHLETIC FACILITIES 8:18 P.M. Presented by Thomas Fenn, pr.9. MOTION: That the Zoning Bylaw of the Town be amended as follows: Section 4, Permitted Uses and Development Standards, Table 1, Line 10.12 regarding "indoor athletic and exercise facilities, weight reduction salon: be changed from "N" to "SP" for the CRS district. Thomas Fenn requested the Moderator recognize Douglas Touart to provide additional information. Mr. Touart described permitted uses requested. 8:21 p.m. Anthony Galaitsis presented the Planning Board report and moved the Report of the Planning Board on Article 16 be Accepted and Placed on File. Following a unanimous voice vote, the Moderator declared the Report Accepted and Placed on File. Mr. Galaitsis reported the Planning Board unanimously recommends disapproval. 8:26 p.m. Judith Uhrig, pr.6, questioned the definition of a health club. Mr. Galaitsis responded. David Kessler, pr.3, then spoke. 8:28 p.m. Following a voice vote, the Moderator declared the motion adopted by more than the required two - thirds vote. ARTICLE 17: AMEND ZONING BYLAW — TECHNICAL CORRECTIONS 8:29 p.m. Presented by Sara Chase. Sara Chase moved the Planning Board Report on Article 17 be Accepted and Placed on File. Following a Unanimous voice vote, the Moderator declared the Report Accepted and Placed on file. MOTION: That the Zoning Bylaw of the Town be amended as set forth in the motion attached to the report of the Planning Board and filed with the Town Clerk. Adjourned Session of 2002 Annual Town Meeting April 8, 2002 MOTION That the Zoning By -Law be amended as follows: A. In Section 2. "Definitions" by deleting the comma after "not accessible" in the definition of "STORY" so that it reads as follows: STORY: That portion of a building contained between any floor and the floor or roof next above it but not including a cellar, a crawl space, or the uppermost portion so contained if under a sloping roof and not accessible, by an approved stairway, or not designed or intended for human occupancy. B. In Section 4. "Permitted Uses and Development Standards" by adding a comma and "of' to line 18.2 after "electromagnetic radiation" so that the line reads as follows: "Any use, structure, operation or activity whether otherwise permitted or accessory to a permitted use, structure, operation, or activity or not, which may be disturbing, detrimental or hazardous to persons working or living in the neighborhood by reason of special danger of fire, explosion, pollution of water ways or ground water, corrosive or toxic fumes or materials, excessive heat, smoke, soot, obnoxious dust or glare, excessively bright or flashing lights, electromagnetic radiation, or excessive noise or vibration." C. In Section 11. "Off -Street Parking and Loading" by changing the reference in subsection 11.7.1 EXCEPTION FOR ONE - FAMILY, TWO - FAMILY DWELLING from "11.7.2e" to "11.7.217' so that the sentence reads as follows: "The provisions of paragraph 11.7.2f (backing into a public street), 11.7.5 (marking of pavements), 11.7.6c (moving of vehicle) and 11.7.1 (surfacing, drainage) shall not apply where parking is provided for any one - family or two - family dwelling." D. In Section 5.8.1 by deleting subsection "c ": C. A fence or wall, at least five feet high for the pool and at least eight feet high for the racquet court, shall be provided so that the pool or court is completely enclosed. A principal or accessory building may form part of the enclosure. All gates in the fence surrounding a swimming pool shall be self closing and self - latching and the latch shall be at least four feet above the ground. And by substituting the following: C. A fence or wall, at least eight feet high for the racquet court, shall be provided so that the court is completely enclosed. A principal or accessory building may form part of the enclosure. A fence around a swimming pool shall be provided as required by state law. E. 1) Section 11.3.5 by deleting the first sentence: "Specially designated parking spaces for the physically handicapped shall be provided as follows:" and by substituting the following: "Specially designated parking spaces for the physically handicapped shall be provided as required by state law." 2) In Section 11.3.5 by deleting the table: Total NidmbeF of Spaces Spaces f6F 14andieapped 10 - 25 1 -space 26 - 40 51 o f the total s pace s b no t doss fl . 2 41 - 100 Aof o f the total s pace s b no t doss fl . 3 101 200 39% of the total s pace s b not loss fl+a . A 201 500 70% of the total s pace s b not doss tha 6 501— , 1 o f the total s pace s b no t doss tha 10 1,001 2,000 0.75 of the total spaees but not less-�� Adjourned Session of 2002 Annual Town Meeting April 8, 2002 3) In section 11.7.2 by deleting the references to handicapped parking so that the section reads as follows: 11.7.2 DIMENSIONS a. On any lot in any district, parking spaces and maneuvering aisles shall have the minimum dimensions set forth in the following table and elsewhere in this subsection: Minimum Parking Space and Aisle Dimension for Parking Lots (in feet) S = standard C = compact Angle of Width of Parking Depth ** Width of Unit Parking Depth Parking of Parking Space Maneuvering Aisle S C S C S C S C 61 -90 degrees 9* 8.5* 19 15 22 20 60 50 46 -60 degrees 9 8.5 19 15 16 15 56 48 45 degrees 9 8.5 19 15 14 13 53 47 Parallel 8 8 22 18 12 12 n/a n/a * Where one or both of the long sides of a parking space abuts a wall or similar obstruction, the width shall be 12 feet. ** Up to 2 feet of unpaved landscaped space may be included in the depth provided there are no obstructions to the vehicle's overhang. Ms. Chase presented information on proposed technical corrections. 8:31 p.m. Following a Unanimous voice vote, the Moderator declared the motion adopted by more than the required two - thirds vote. ARTICLE 18: AMEND ZONING BYLAW — SETBACKS FOR SHEDS 8:32 p.m. Presented by Anthony Galaitsis. MOTION: That this article be Indefinitely Postponed. 8:32 p.m. Following a voice vote, the Moderator declared the Motion Adopted and Article Indefinitely Postponed. ARTICLE 19: AMEND ZONING BYLAW — CHANGES DEFINITIONS 8:33 p.m. Presented by John Davies. MOTION: That the Zoning Bylaw of the Town be amended as set forth in the motion attached to the report of the Planning Board and filed with the Town Clerk. MOTION To amend the Zoning By -law in various sections as follows: A. In Section 2. "Definitions" by deleting the definition for "LIVING AREA OF ONE - FAMILY DWELLING UNIT ": LIVING AREA OF ONE - FAMILY DWELLING UNIT: Total Living Area is the total of all finished area on the first floor and above. Total Living Area does not include any area in a cellar or basement (See definitions). Space in a half story (See Definition) which is finished and is accessed from permanent interior stairs, is included in the calculation of total living area. And by substituting the following definition to be placed as a subsection of the definition of "FLOOR AREA": LIVING AREA OF A DWELLING UNIT: The sum, in square feet, of the horizontal areas of all stories in a dwelling unit measured from the exterior face of exterior walls, or the centerline of a common wall. Living area shall include space in a half story which is finished and is accessed from permanent interior stairs, but shall exclude garages, basements, cellars, crawl spaces, porches, attics and decks, and, in the case of a dwelling with more than one unit, common areas. B. In Section 2. "Definitions" by deleting the definition for "FLOOR AREA RATIO (FAR) ": FLOOR AREA RATIO (FAR): The ratio of the sum of the net floor area of all buildings on a lot to the developable site area of the lot. And by substituting the following definition to be placed as a subsection of the definition of "FLOOR AREA": FLOOR AREA RATIO, NONRESIDENTIAL: The ratio of the sum of the net floor area of all buildings on a lot to the developable site area of the lot. Adjourned Session of 2002 Annual Town Meeting April 8, 2002 C. In Section 2. "Definitions" by inserting in the list of definitions after "LIGHT TRESPASS" the following: LIVING AREA OF A DWELLING UNIT: (see definitions under "FLOOR AREA ") D. In Section 2 "Definitions" by moving the definitions of "NET FLOOR AREA" and "FLOOR AREA, GROSS" so that they are placed as subsections under "FLOOR AREA ". The definition of "FLOOR AREA" to appear as follows: FLOOR AREA FLOOR AREA RATIO, NONRESIDENTIAL:... GROSS FLOOR AREA:... LIVING AREA OF A DWELLING UNIT:... NET FLOOR AREA:... E. In Section 2. "Definitions" by inserting in the list of definitions after "FLOOR AREA" the following: FOOT PRINT: same as "SITE COVERAGE" --------------- - - - - -- 8:23 p.m. Mr. Davies explained consolidation of definitions into one area of the bylaws. 8:35 p.m. Selectman Jeanne Krieger reported Unanimous support of the Board of Selectmen. 8:35 p.m. Following a voice vote, the Moderator declared the Motion Adopted Unanimously. ARTICLE 22: AMEND WETLANDS PROTECTION BYLAW 8:36 p.m. Presented by Philip Hamilton, pr.7. MOTION: That § 130 -8 of the General Bylaws be amended as follows: A. By adding, after the first sentence of §130 -8 © (1), the following sentence: "Said resource areas shall be protected whether or not they border surface waters." B. By inserting the word "bordering" before the words "land subject to flooding" in §130 -8 (C) (3), and by adding the following definition at the end of § 130 -8 (C) thereby creating a new section (5): "The term `isolated land subject to flooding' shall mean an area, depression or basin that holds at minimum one - eighth acre foot of water to an average depth of at least six inches once a year. This shall not include swimming pools, artificially lined ponds or pools, or constructed wastewater lagoons." 8:37 p.m. Philip Hamilton explained the proposed changes. 8:44 p.m. Selectman Jeanne Krieger reported unanimous support of the Board of Selectmen. The Moderator explained sections "A" and `B" to be voted separately. 8:45 p.m. Jonathan Himmel, pr.6, questioned the defined wetlands areas and definitions of resource areas. Philip Hamilton responded. 8:46 p.m. Scott Burson, pr.4, questioned impact on athletic fields. Philip Hamilton responded he didn't believe the fields were impacted. 8:47 p.m. Martin Long, pr.6, questioned areas which may possibly be impacted. Mr. Hamilton responded. 8:50 p.m. Joel Adler, pr. 1, questioned vernal pool impact. Mr. Hamilton explained vernal pools were already protected. 8:51 p.m. Following a voice vote, the moderator declared part "A" Adopted. 8:51 p.m. Following a voice vote, the moderator declared part `B" Adopted. ARTICLE 23: TRANSFER OF LAND TO CONSERVATION — LOT 120 MAP 41 8:52 p.m. Presented by Charles Lamb, pr.4. MOTION: That this Article be Indefinitely Postponed. 8:52 p.m. Following a voice vote, the Moderator declared the Motion Adopted Unanimously. Adjourned Session of 2002 Annual Town Meeting April 8, 2002 ARTICLE 24: BOARD OF HEALTH VIOLATIONS — NON- CRIMINAL DISPOSITION 8:54 p.m. Presented by David Miller, pr.7. MOTION: That Chapter 155, Board of Health, of §1 -6B of the General Bylaws be amended by adding the following thereto: Article XVI Body Art Fine Schedule Article XVI 1 st offense: $100.00 2nd and subsequent offenses for each day the violation continues: $200.00 8:54 p.m. The Moderator recognized Dr. Bert Perlmutter, Chairman of the Board of Health. Dr. Perlmutter explained the requested non - criminal fines for Body Art regulations. 8:55 p.m. Selectman William Kennedy reported the Board of Selectmen unanimously recommends approval. 8:56 p.m. Sam Silverman, pr.5 questioned violations. Dr. Perlmutter explained. 8:57 p.m. Joel Adler, pr. 1, questioned non - criminal violations for restaurants; Dr. Perlmutter responded. 8:58 p.m. Judith Uhrig, pr.4, questioned allowable locations in town for Body Art establishments. Planning Director Glenn Garber explained there are no provisions for this use in areas in Lexington. 8:59 p.m. David Burns, pr.5, questioned the need for the law if not an allowed use. Dr. Perlmutter responded and Planning Director Glenn Garber and Assistant Planning Director Maryann McCall - Taylor explained such establishments are not expressly prohibited. 9:01 P.M. Neal Boyle, pr.7, questioned the Planning Board on permitted vs. prohibited. Town Counsel William Lahey explained the non - criminal fines are a safeguard in the event an establishment couldn't be prohibited. 9:05 p.m. Following a voice vote, the Moderator declared the Motion Adopted. ARTICLE 25: HISTORIC DISTRICTS COMMISSION — NON- CRIMINAL DISPOSITION 9:05 p.m. Presented by Selectman Leo McSweeney. MOTION: That §1 -6B of the General Bylaws 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 therunder. Fine Schedule: 1s offense: Warning 2nd offense: $50.00 3r and subsequent offenses: $100.00 9:05 p.m. Selectman McSweeney presented justification for the requested action and reported a majority of the Board of Selectmen recommends approval. 9:06 p.m. Joann Gschwendtner, Historic Districts Committee Chairman, explained requested action in conjunction with 1999 Annual Town Meeting approval, and the resulting Chapter 426 of the Acts of 2000. 9:13 p.m. David Kanter, pr.7, questioned the determination of an "offense" and the option of court action. 9:15 p.m. Sam Silverman, pr.5, further addressed an "offense ". 9:16 p.m. Joel Adler, pr. 1, spoke in opposition. 9:20 p.m. Richard Michelson, pr.8, spoke in opposition. 9:22 p.m. Thomas Fenn, pr.9, spoke in support. Adjourned Session of 2002 Annual Town Meeting April 8, 2002 9:24 p.m. John Rossi, pr. 1, spoke in opposition and Town Counsel William Lahey responded to right -to- appeal non - criminal ticket and trial by jury. 9:25 p.m. Ephraim Weiss, pr.5, spoke in support 9:27 p.m. Norman Cohen, pr.6, spoke in support. 9:30 p.m. Neal Boyle, pr.7, spoke in opposition. 9:32 p.m. Emily Donovan, pr.9, spoke in support. 9:35 p.m. David Williams, pr.5, spoke in support. 9:36 p.m. Steven Hurley, pr.8, spoke in support. 9:37 p.m. Following a voice vote, the moderator declared the Motion Adopted. ARTICLE 26: AMEND GENERAL BYLAWS — SIDEWALKS MOTION: That this Article be Indefinitely Postponed. 9:37 p.m. Presented by Dana Wendel, pr.5. 9:38 p.m. Fred Rosenberg spoke on the article's merits & enforcing Town bylaws. 9:39 p.m. Following a voice vote, the Moderator declared the Motion Unanimously Adopted. ARTICLE 27: AMEND GENERAL BYLAWS — FEES 9:40 p.m. Presented by Selectman Peter Enrich. MOTION: The General Bylaws be amended by deleting Sections 76 -6, 90 -18 and 107 -3. 9:40 p.m. Selectman Enrich explained the sections of the Bylaws which are no longer valid and thus are proposed to be deleted. Mr. Enrich explained requested action is a "housekeeping" request and reported the unanimous support of the Board of Selectmen for approval. 9:40 p.m. Following a voice vote the Moderator declared the Motion Adopted. 9:41 p.m. Selectman Jeanne Krieger moved the meeting be adjourned until 8:00 p.m., Wednesday, April 10, 2002 at the National Heritage Museum. 9:41 p.m. Following a voice vote the Moderator declared the Motion Adopted and the meeting adjourned. A true copy. Attest: Donna M. Hooper, Town Clerk 2002 ANNUAL TOWN MEETING April 10, 2002 The fourth session of the 2002 Annual Town Meeting was called to order by Moderator Margery M. Battin at 8:00 p.m., April 10, 2002. A quorum of 177 was present. The Moderator explained precinct clerks would serve as tellers and Sheldon Spector for at- large and committee members. 8:05 p.m. The Moderator declared a recess for Superintendent Joanne Benton and representatives of the School Department to present Diversity Awards to METCO Director Cheryl Prescott Waldron and Estabrook Elementary School teacher Heather Kelliher. Selectman Jeanne Krieger recognized former Selectman Catherine Abbott for her contributions to the Town. 8:14 p.m. The Moderator called the meeting to order and reviewed procedures and rules of conduct for citizens in the audience. 8:17 p.m. Planning Board Chairman Anthony Galaitsis, pr.5, moved Article 20 be taken up. Following a voice vote, the Moderator declared the Motion Adopted and Article 20 before the meeting. Anthony Galaitsis moved the Report of the Planning Board on Article 20 be Accepted and Placed on File. Following a unanimous voice vote, the Moderator declared the Planning Board Report on Article 20 Accepted and Placed on File. ARTICLE 20: AMEND ZONING BYLAW — HOUSE IMPACT REVIEW MOTION: That the Zoning Bylaw of the Town be amended as set forth in the motion attached to the report of the Planning Board and filed with the Town Clerk. MOTION: (Note: Sections E and F dealing with a change in the definition of height will he split from the main article and considered separately.) To amend the Zoning By -Law as follows: A. In Section 2. "Definitions," by inserting in the list of definitions under the heading FLOOR AREA and after subsection "FLOOR AREA RATIO, NONRESIDENTIAL" the following: FLOOR AREA RATIO, RESIDENTIAL: The ratio of the sum of the gross floor area of all buildings, accessory buildings and sheds having more than 120 square feet of floor area, and structures on a lot to the total lot area. B. In Section 2. "Definitions," by deleting the last sentence in the definition for "GROSS FLOOR AREA," which presently reads as follows: Where the text of this By -Law refers to floor area, the term shall mean gross floor area unless the term net floor area is used. And by inserting: Where the text of this By -Law refers to floor area, the term shall mean gross floor area, unless the terms "net floor area" or "living area" are used. The entire definition shall be placed as a subsection of the definition of "Floor Area" after the definition of "FLOOR AREA RATIO, RESIDENTIAL" and shall read as follows: GROSS FLOOR AREA: The sum, in square feet, of the horizontal areas of all stories of a building or several buildings on the same lot measured from the exterior face of exterior walls, or from the center line of a parry wall separating two buildings. Gross floor area shall also include garages, basements, cellars, porches and half stories, but shall exclude crawl spaces, attics, decks, and any accessory building or shed having 120 square feet or less of floor area. Where the text of this By -Law refers to floor area, the term shall mean gross floor area, unless the terms "net floor area" or "living area" are used. Adjourned Session of 2002 Annual Town Meeting April 10, 2002 C. By adding a new subsection 3.8 as the last subsection of Section 3. "Administration and Enforcement," as follows: 3.8. LARGE HOUSE SITE PLAN REVIEW Large House Site Plan Review shall be required where the gross floor area of a new or replacement single - family dwelling (for the purposes of the provisions of Section 3.8 the term single - family dwelling shall include one - family detached dwelling including those with accessory apartments) plus accessory buildings and sheds having more than 120 square feet of floor area, exceeds the following: a. On lots having not more than 5,000 square feet of lot area: review required if such gross floor area exceeds 3,500 square feet. b. On lots having in excess of 5,000 but not more than 10,000 square feet lot area: review required if such gross floor area exceeds 3,500 square feet plus 0.5 times any lot area in excess of 5,000 square feet. c. On lots having in excess of 10,000 but not more than 20,000 square feet lot area: review required if such gross floor area exceeds 6,000 square feet plus 0.2 times any lot area in excess of 10,000 square feet. d. On lots having 20,000 square feet or more of lot area: review required if such gross floor area exceeds 8,000 square feet plus 0.05 times any lot area in excess of 20,000 square feet. Additions of gross floor area to a single - family dwelling shall be exempt from Large House Site Plan Review unless those additions were preceded by the removal or demolition of more than 50% of the exterior walls and roofs, as measured by the collective surface area of those walls and roofs. In such instance, the residence shall be subject to the Large House Site Plan Review provisions, provided that new construction then places the gross floor area for that property above the threshold for review. A structure existing on the effective date of this amendment which is destroyed or damaged by explosion, collapse, fire, storm, natural disaster or other catastrophic event, any of which is beyond the control of the owner, shall be exempt from the Large House Site Plan Review if it is reconstructed within three years and there is no increase in the site coverage or gross floor area. 3.8.1 APPROVAL STANDARDS AND CRITERIA. The Planning Board shall approve or approve with conditions by a majority of the quorum present a Large House Site Plan, as long as that the application for review is complete and the application meets the mitigation objectives set forth below. The visual compatibility with the surrounding area is promoted and negative impacts substantially mitigated through such efforts as the following. a. Use of building design and massing, location on the lot, including the use of setbacks greater than the minim required, and building orientation being configured to avoid or mitigate any differences in architectural scale from that prevailing in the vicinity. b. Retention of existing mature trees and other vegetation and addition of new landscaping features to visually soften the impact of house construction. c. Treatment of the areas within the front yard setback, unless inappropriate for other reasons, being consistent with that prevailing in the vicinity, such as whether such areas are retained in a natural state, or have had understory vegetation cleared and replaced with dense plantings, or have extensive mown lawns, or street edge - defining elements such as fences, walls or hedges that are prevalent in other residences along the street. d. Avoidance of prominent on -lot automobile impact through location and orientation of garage entrances, curved driveway alignment and narrow width of driveways as they approach the street, and other means. e. Site design being configured to avoid large changes in existing grades and earth removal, and avoidance of use of planting species not either indigenous to or common within the vicinity. f. Consideration being given to abutting properties, protecting their privacy, access to sun and light, and the integrity of existing vegetation that abuts or overhangs property boundaries. 3.8.2 PROCEDURE FOR REVIEW Procedures for Large House Site Plan Review shall be as follows. a. Large House Site Plan Review shall require a Public Information Meeting in accordance with subsection 2.6.7.1 and 2.6.7.3 of the Development Regulations. Owners of all lots abutting the premises or separated from it only by a street shall be notified by mail or hand delivery at least seven days in advance of said meeting. The Public Information Meeting may be conducted within the agenda of any duly noticed Planning Board meeting. b. The Public Information Meeting shall be conducted within 45 days of the date of filing of a complete Large House Site Plan Review application as determined by the Planning Director or designee. Adjourned Session of 2002 Annual Town Meeting April 10, 2002 c. An approval or approval with conditions shall be rendered within 30 days of the date of the Information Meeting unless: 1) additional material is deemed necessary to complete Planning Board review, in which case it shall be rendered within 30 days after the Board (or the Planning Director or such other agent as the Board may designate) determines submittals to be sufficient with which to take such action, or 2) within such later time period agreed to by the applicant and the Board at, or in written form prior to, the Public Information Meeting. 3.8.3 INFORMATION REQUIRED A person applying for Large House Site Plan Review shall file one copy of an application and plans with the Town Clerk and seven copies of each with the Planning Board. Such application and plans shall include information on conditions, standards and criteria sufficient for the Planning Board to make the finding and determination required by subparagraph 3.8.1. Submittals shall include a Landscape Plan, as described in subsection 10.2.3 and subsection 2.4. Lg of the Planning Board's Development Regulations, prepared by a Massachusetts registered landscape architect. Supplementary Materials: If deemed pertinent by the Planning Director or other agent designated by the Board, on or more of the following readily available materials may required: a. A plan of other lots and house footprints on properties abutting the large house site, as well as any additional properties significantly impacted by the proposed house, from existing sources such as Town of Lexington topographic series, Assessors' Maps, fire insurance maps and other secondary sources. b. Existing determination of applicability issued by, or notice of intent filed with, the conservation commission, if applicable; c. Architectural elevation drawings or sketches and/or section drawings from standard builders' plans to clarify issues of bulk and massing. 3.8.4 EFFECTIVE DATE Section 3.8 shall be effective upon the vote of Town Meeting or June 1, 2002, whichever is later. D. In Section 4.2, Table 1 of the Zoning By -Law by inserting the footnote reference "(1)" in line 11.1 under the columns headed RO /RS, RT, RM, RD, CN as follows: {identified by bold, italic text } Line RO RT RM RD CN CRS CS CB CRO CM RS * CL O *For uses permitted in RD districts, see subparagraphs 4.1.1 and 8. 3.3 1. RESIDENTIAL USES 1.1 PERMITTED RESIDENTIAL USES (Must also comply with operating and development standards) 1.11 One - family dwelling Y Y Y SP Y N N N N N (1) (1) (1) (1) (1) and by adding a footnote (1) at the end of Table 1 as follows: (1) Shall be subject to subsection 3.8 and related provisions pertaining to house impact. E. In subsection 7.5 HEIGHT OF BUILDINGS, STRUCTURES by inserting at the end of the first paragraph a sentence as follows: structure, For purposes of determining the number of stories in a building-or measurement at the lower elevation shall be from the averag grade, natural as described in subsection a. be! So that 7.5 reads as follows: The maximum height of a building shall not exceed either the distance in feet or the number of stories, whichever is less, set forth in Table 2 for the district in which the building is located. The maximum height of a building in feet shall be the vertical distance between the lower elevation and the upper elevation, as described below. For purposes of determining the number of stories in a building or structure, measurement at the lower elevation shall be from the average natural grade, as described in subsection a. below. F. In subsection 7.5 HEIGHT OF BUILDINGS, STRUCTURES by deleting subparagraph Adjourned Session of 2002 Annual Town Meeting April 10, 2002 7.5.1.b: in its entirety, which presently reads as follows: b. The upper elevation shall be: 1) in the case of a flat roof, the top of the highest roof beams; or 2) in the case of a pitched, gable, hip gambrel, or mansard roof, the plane that passes through the ceiling of the top story. Where the top story is not finished with a horizontal ceiling, the elevation seven feet above the floor of the top story shall be considered equivalent to the ceiling. And by inserting in place thereof the following: b. The upper elevation shall be the highest point of any ridge, gable, other roof surface, or parapet. G. In Table 2, Schedule of Dimensional Controls, by: 1) inserting the words "non- residential uses" after "Maximum Floor Area Ratio' within the existing cell; 2) inserting a row after "Maximum Floor Area Ratio' entitled "Gross Floor Area Ratio, Threshold for Site Plan Review under 3.8 and related house impact provisions "; and, 3) inserting a footnote (1), as follows: {identified by bold, italic text, ) Adjourned Session of 2002 Annual Town Meeting April 10, 2002 TABLE 2. SCHEDULE OF DIMENSIONAL CONTROLS Districts RO RS RM CN CRS CS CB CLO CRO CM RT RD (a) Uses permitted in RS & RT Districts shall Conform to Provisions of Subparagraph 7.1.2 ........................................................... ............................... Maximum NR NR NR 0.20 0.20 0.20 2.0 0.25 0.15 0.15 Floor Area (i) (i) (i) Ratio (F.A.R.) for non - residential uses Gross Floor See See See See See See See See See See Area Ratio, note note note note note note note note note note Threshold for (1) (1) (1) (1) (1) (1) (1) (1) (1) (1) Site Plan Review under 3.8 and related house impact p rovisions Maximum % 15% 15% 25% 20% 25% 25% NR 20% 25% 25% Site Coverage (g) (g) Public & Insti- tutional Build- ings Maximum 2.5 2.5 2.5 3 3 3 2 3 3 3 Height: 40 40 40 45 45 45 30 45 45 45 In stories: In feet: Other Buildings, Maximum Height: 2.5 2.5 NR 1 2 2 2 2 3 3 In stories: 40 40 40 15 25 25 25 20 45 45 In feet: FOOTNOTES TO TABLE 2, SCHEDULE OF DIMENSIONAL CONTROLS As used in the Schedule of Dimensional Controls, symbol "NR" means no requirements, " s.f." means square feet, and "ft." means linear feet... 1. See subsection 3.8 and related provisions pertaining to house impact In addition, existing, non - conforming dwellings in non - residential districts to which additions are proposed, shall be subject to the same provisions, should the resultant floor area exceed site plan review thresholds. --------------- -- 8:19 P.M. The Moderator explained parts "E" and "F ", regarding building height, will be discussed separately. 8:20 p.m. Planning Director Glenn Garber presented the details on the proposed bylaw. 8:36 p.m. Selectman Jeanne Krieger reported a majority of the Board of Selectmen is opposed to the bylaw. Selectman Dawn McKenna reported the opposition report and Selectman Jeanne Krieger presented the minority report of Selectmen Krieger and Enrich in favor of the article. Selectman Krieger then read a letter from the Historical Commission supporting the motion. 8:42 p.m. Joyce Miller, pr.7, reported the Conservation Commission has taken no official position on this article as it is outside the scope of the Commission. 8:43 p.m. David Kessler, pr.3, spoke on the acrimony he believes this article has caused. 8:45 p.m. The Moderator explained the Article will be divided and parts "E" and "F" will be voted separately. Adjourned Session of 2002 Annual Town Meeting April 10, 2002 8:46 p.m. Sheldon Spector, pr.6, sought clarification on changes made to the Article. 8:48 p.m. Anthony Galaitsis, pr.5, responded to clarify the changes. 8:50 p.m. Lorraine Fournier, pr.8, questioned a few aspects of proposed bylaws. 8:52 p.m. Robert Rotberg, pr.3, spoke in support; Timothy Counihan, pr.4, spoke in opposition; and Patrick Mehr, pr.3, spoke in support. 9:05 p.m. Patrick Mehr, pr.3, moved the following: AMENDMENT: At the end of B. of the main motion, add: "And by inserting the following 4 new definitions: -Bulk of a structure: total volume of the space (in cubic feet) above natural grade inside the outermost exterior walls and roofs of a structure. The Bulk of a proposed structure shall be determined by calculations prepared by an architect or engineer registered in the Commonwealth of Massachusetts and submitted with supporting details. The Bulk of an existing structure shall be determined by one or both of: (i) measurements conducted by a land surveyor registered in the Commonwealth of Massachusetts, and /or (ii) calculations wherein the Gross Floor Area of each sub -area of the structure that is not completely underground (in square feet, available in the Assessor's database) is multiplied by the Height factor for that sub -area (in feet), and all such multiplications are added together. - Construction Intensity of a lot: the ratio of the Bulk of the structure on the lot divided by the area (in square feet) of the lot on which the structure is located (if several structures are located on the same lot, the Bulks of all such individual structures are added together prior to being divided by the area of the lot). - Height factor: for sub -areas of a structure that are completely above ground, and delineated by vertical walls, 8 feet; for sub -areas that are completely above ground, and delineated by at least one non - vertical wall, or that are directly under a sloped roof, 4 feet; for sub -areas that are partially underground, 7 feet multiplied by the estimated proportion (expressed as a number between 0.0 and 1.0) of floor -to- ceiling height above the average level of the adjoining ground. - Neighboring Construction Intensity of a lot: the arithmetic average of the Construction Intensities of all lots on which at least one structure exists (except that lot itself) and for which any part lies within 500 feet of any part of the lot for which this calculation is performed." In C. of the main motion, insert the following sentence after 3.8.1. a.: "Appropriate mitigation under this section 3.8.1. a. shall be deemed accomplished if the Construction Intensity of the lot undergoing Large House Site Plan Review is not more than 2.5 (two and one half) times its Neighboring Construction Intensity." ----------------- - - - - -- 9:08 P.M. Planning Board Chairman Anthony Galaitsis reported the Planning Board unanimously opposed the amendment. 9:11 P.M. David Kanter, pr.7, spoke against the amendment and recommended further discussion and review. 9:12 p.m. Selectman Jeanne Krieger reported the Board of Selectmen's unanimous opposition to the amendment. 9:13 p.m. David Burns, pr.5, Called the Question. Following a voice vote, the Moderator declared the motion adopted and a vote on the amendment before the meeting, with 3 minutes remaining to the maker of the amendment. 9:14 p.m. Patrick Mehr, pr.3, summarized the purpose of the amendment. 9:15 p.m. Following a voice vote, the Moderator declared the Amendment Not Adopted. 9:15 p.m. Fred Rosenberg, pr.9, moved to close debate on Article 20 to 90 minutes, including any possible amendments. Following a voice vote, the Moderator declared Mr. Rosenberg's motion Not Adopted. 9:16 p.m. Neal Boyle, pr.7, spoke against the main motion. 9:20 p.m. Paul O'Brien, 33 Haskell Street, a citizen speaking from the audience, spoke against the main motion and its anticipated diminishment on property value. 9:25 p.m. Georgia Glick, pr.4, spoke in favor. 9:27 p.m. David Kanter, pr.7, spoke in favor. Adjourned Session of 2002 Annual Town Meeting April 10, 2002 9:29 p.m. James Barry, pr. 1, spoke in opposition. 9:31 p.m. With 56 members standing in favor of a roll-call vote, the Moderator declared a call of the roll would be taken at the time of voting. 9:34 p.m. Dan Fenn, pr.3, spoke in support. 9:36 p.m. Dana Wendel, pr.6, questioned the Planning Board on anticipated impact, and possible recourse, of the bylaw on new construction. Planning Director Glenn Garber and Attorney Ryan Pace, Palmer & Dodge, responded. 9:40 p.m. Sam Silverman, pr.5, questioned conditions and possible recourse, and Glenn Garber responded. 9:44 p.m. Jane Pagett, pr.6, spoke in opposition. 9:46 p.m. Ingrid Klimoff, pr. 8, spoke in favor. 9:47 p.m. Maria Kostorizos, pr. 1, spoke in opposition. 9:50 p.m. William Frawley, pr.3, spoke in favor. 9:52 p.m. John Cook, a resident of 4 Cutler Farm Road, spoke in opposition. 9:55 p.m. Carolyn Tiffany, pr.8, spoke in support. 9:57 p.m. Stephen Tripi, a resident of 12 Freemont Street, spoke in opposition. 10:00 P.M. David Burns, pr.5, questioned the legality of the proposed bylaw and Town Counsel William Lahey responded to his concerns. 10:04 p.m. Albert Zabin, pr. 1, questioned the issue and Anthony Galaitsis responded. 10:07 p.m. Daniel Lucas, pr.2, questioned the percentage of current housing stock over the proposed threshold. Anthony Galaitsis explained the numbers were not currently available. 10:10 P.M. H. Gerald Van Hook, pr.6, spoke in favor. 10:14 p.m. Loren Wood, pr.3, spoke in opposition. 10:18 P.M. David Harris, pr.4, questioned the justification for not issuing permits and Attorney Ryan Pace, Palmer & Dodge, responded. 10:21 p.m. Alan Lazarus, pr.6, spoke in support. 10:23 p.m. Peter Kelley, pr.4, questioned procedures and fees to be charged to applicants. Planning Director Glenn Garber explained those issues had not yet been addressed by the Planning Board. 10:25 p.m. Peter Kelley, pr.4, questioned the right -to -file process and Town Counsel William Lahey responded. 10:27 p.m. Richard Neumeier, pr.3, moved the question. Following a voice vote on if the main question should now be put, the Moderator declared the Motion Adopted and the Main Motion now put, with 3 minutes to the maker of the motion. 10:28 p.m. Town Clerk Donna M. Hooper CALLED THE ROLL for ARTICLE 20, A -D, G: ROLL CALL VOTE — Article 20, parts A -D, G PRECINCT 1 Yes No Abstain Absent PRECINCT 2 Yes No Abstain Absent Joel A. Adler X James L. Avery X Nancy M. Adler X J. Eugene Beauchemin X James E. Barry X Judith Boxer X John C. Bartenstein X Marian A.O. Cohen X Laura L. Boghosian X Robert W. Cunha X Mary Bowes X Thomas R. Diaz X John P. Breen X Robin B. DiGiammarino X Daniel P. Busa X Karen A. Dooks X Jean W. Cole X Kenneth W. Ford X Jonathan G. Cole X Paul H. Lapointe X Stephen D. Cole, Jr. X Lucy Lockwood X Maria -Elena Kostorizos X Daniel A. Lucas X Lillian T.MacArthur X Lauren MacNeil X Eric Jay Michelson X Andrew McAleer X Janet Moran X Barry Orenstein X John F. Rossi X Michael J. O'Sullivan X Barry E. Sampson X Joseph Walsh 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 2002 Annual Town Meeting April 10, 2002 PRECINCT 3 Yes No Abstain Absent PRECINCT 4 Yes No Abstain Absent Darwin P. Adams X Lisa A. Baci X Samuel Berman X Nyles Nathan Barnert X Nancy M Cannalonga X Gloria J. Bloom X Nicholas A Cannalonga X Scott F. Burson X Sara B. Chase X Timothy R. Counihan X Jacqueline B Davison X John L. Davies X Dan H. Fenn, Jr. X Georgia S. Glick X Shirley Rauson Frawley X David J. Harris X William J. Frawley X Michelle Hutnik X Sherry L. Gordon X Beverly Kelley X Gloria V. Holland X Peter C.J. Kelley X Kevin R. Johnson X Charles W. Lamb X Arthur Katz X Douglas M. Lucente X David J. Kessler X Barrie Peltz 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 Daniel A. Pion X Ruth S. Thomas 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 Paul F. Barnes X Florence A. Baturin X David E. Burns X Paul Chernick X Ira W. Crowe X Norman P. Cohen X Marjorie M. Daggett X Peter D. Cohen X Irene M. Dondley X Marshall J. Derby X Elaine Dratch X Bebe Fallick X Andrew J. Friedlich X Edmund C. Grant X Anthony G Galaitsis X Jonathan A. Himmel X Paul E Hamburger X Morton G. Kahan X John Hayward X David L. Kaufman X Carol A. Liff X Florence Koplow X Margaret C. Nichols X Alan J. Lazarus X Loretta A. Porter X Martin Long X Blair B. Ruocco X Jane Pagett X James M. Shaw X Edith Sandy X Sam Silverman X Frank Sandy X Jed N. Snyder X Sheldon A. Spector X M. Masha Traber X H. Jerrold VanHook X Charles T. Vail X Dana Z. Wendel X Ephraim Weiss X Robert V. Whitman X David G. Williams X Thomas M. Zimmer 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 Larry N. Belvin X Deborah J. Brown X Roger F. Borghesam X George A. Burnell X Margaret Bradley X 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 Lorraine M. Fournier X Thomas V.Griffiths X Anne E. Frymer X Philip K. Hamilton X Diana T. Garcia X David G. Kanter X Thomas M. Harden X Karl P. Kastorf X Charles Hornig X Fred H. Martin X David C. Horton X David G. Miller X Steven J. Hurley X Joyce A. Miller X Stewart G. Kennedy X Wendy C. Rudner X Ingrid H. Klimoff X John E. Taylor X Alan Mayer Levine X Jane A. Trudeau X Richard A Michelson X James C. Wood X James A. Osten X Martha C. Wood X Shirley H. Stolz X Alan A. Wrigley X Carolyn H. Tiffany X PRECINCT 9 Ye No Abstain Absent AT -LARGE Yes No Abstain Absent Adjourned Session of 2002 Annual Town Meeting April 10, 2002 s Alice J. Adler X Margery M. Battin X Narain D. Bhatia X Peter D. Enrich X Christopher P. Busa X Donna M. Hooper X Richard L. Canale X Jay R. Kaufman X Donald A. Chisholm X William P. Kennedy X Anthony B. Close X Jeanne K. Krieger X Rodney Cole X William L. Lahey X Margaret E. Coppe X Dawn E. McKenna X Mary E. Donahue X Leo P. McSweeney X Emily R. Donovan X Susan A. Elberger X Thomas O. Fenn X Yes No Abstain Absent Janice A. Kennedy X TOTALS 97 70 7 24 Hank Manz X Wendy Manz X Janet M. Perry X Fred D. Rosenberg X Richard Schaye X Michael E. Schroeder X Francine Stieglitz X Dorris P. Traficante X 10:52 p.m. The Moderator declared, with 97 voting in the affirmative and 70 in the negative, and less than the required two - thirds vote, the MOTION NOT ADOPTED. 10:53 p.m. Anthony Galaitsis, pr. 5, served Notice of Reconsideration on Article 20, parts A -D, G. 10:54 p.m. Selectman Jeanne Krieger moved the meeting be adjourned until 8:00 p.m., Monday, April 22, 2002 at the National Heritage Museum. Following a voice vote, the Moderator declared the meeting adjourned. A true copy. Attest: Donna M. Hooper, Town Clerk 2002 ANNUAL TOWN MEETING April 22, 2002 The fifth session of the 2002 Annual Town Meeting was called to order by Moderator Margery M. Battin at 8:00 p.m., April 22, 2002 at the National Heritage Museum. A quorum of 179 was present. The Moderator explained Article 20, parts E & F would be taken up, followed by Article 21, and Articles 6, 7, 12, and 31 for which Indefinite Postponement will be moved. The Moderator appointed Precinct Clerks to serve as tellers and Sheldon Spector for at- large and committee members. 8:03 p.m. Selectman Jeanne Krieger reported the Board of Selectmen will be prioritizing budget requests and will be holding a Special Town Meeting on Wednesday, May 15, 2002. The Annual Town Meeting will reconvene May 1 to take up Article 4. ARTICLE 20: AMEND ZONING BYLAW — HOUSE IMPACT REVIEW 8:05 p.m. Presented by Thomas Harden, pr. 8. MOTION: That the Zoning Bylaw of the Town be amended as set forth in the motion attached to the report of the Planning Board and filed with the Town Clerk. MOTION: (Note: Sections E and F dealing with a change in the definition of height will he split from the main article and considered separately.) To amend the Zoning By -Law as follows: E. In subsection 7.5 HEIGHT OF BUILDINGS, STRUCTURES by inserting at the end of the first paragraph a sentence as follows: structure, For purposes of determining the number of stories in a building-or measurement at the lower elevation shall be from the averag grade, natural as described in subsection a. be! So that 7.5 reads as follows: The maximum height of a building shall not exceed either the distance in feet or the number of stories, whichever is less, set forth in Table 2 for the district in which the building is located. The maximum height of a building in feet shall be the vertical distance between the lower elevation and the upper elevation, as described below. For purposes of determining the number of stories in a building or structure, measurement at the lower elevation shall be from the average natural grade, as described in subsection a. below. F. In subsection 7.5 HEIGHT OF BUILDINGS, STRUCTURES by deleting subparagraph 7.5.1.b: in its entirety, which presently reads as follows: b. The upper elevation shall be: 1) in the case of a flat roof, the top of the highest roof beams; or 2) in the case of a pitched, gable, hip gambrel, or mansard roof, the plane that passes through the ceiling of the top story. Where the top story is not finished with a horizontal ceiling, the elevation seven feet above the floor of the top story shall be considered equivalent to the ceiling. And by inserting in place thereof the following: b. The upper elevation shall be the highest point of any ridge, gable, other roof surface, or parapet. ---------------- - - - - -- 8:05 p.m. Thomas Harden explained the proposed changes for structure heights. 8:11 P.M. Selectman Jeanne Krieger reported a majority of the Board of Selectmen opposed adoption of Sections "E" and "F. Adjourned Session of 2002 Annual Town Meeting April 22, 2002 8:12 p.m. Peter Kelley, pr.4, reported he will amend "40" in Schedule B to "44 ". Mr. Kelley moved the following amendment: AMENDMENT: To amend Article 20 by deleting 40 and replacing it with 44 in Table 2 Schedule of dimensional controls for the maximum height in feet for other buildings in the RO RS RT district. 8:18 P.M. David Kanter, pr.7, questioned separating "E" and "F" and voting separately. Anthony Galaitsis and Glenn Garber explained "E" and "F" will be voted together. Mr. Kelley explained the intent of his amendment. 8:26 p.m. Ephraim Weiss, pr. 5, questioned Peter Kelley on property slopes and homes impacted. 8:26 p.m. Sam Silverman, pr.5, questioned height limit and variances by the Zoning Board of Appeals. 8:27 p.m. Anthony Galaitsis, pr.6, explained "E" and "F" do not request changes in height measurements but redefine height. Mr. Galaitsis reported the Planning Board is unanimously opposed to Mr. Kelley's amendment. 8:29 p.m. Jeanne Krieger reported the Board of Selectmen's unanimous opposition to Mr. Kelley's amendment. 8:30 p.m. Judith Uhrig, pr4, reported the Zoning Board of Appeals opposes the amendment and that applicants may seek variances from the Zoning Board of Appeals. 8:31 p.m. James Wood, pr.7, questioned determining natural grade and Thomas Harden responded. 8:32 p.m. Jonathan Himmel, pr.6, spoke in opposition to the amendment. 8:33 p.m. Martin Long, pr.6, questioned the impact of the proposed 44' height on flat land. Planning Board members Thomas Harden and John Davies concurred the limit would be increased by 4 ft. 8:35 p.m. Richard Michelson, pr.8, spoke in favor. 8:37 p.m. Joel Adler, pr. 1, questioned natural grade and Thomas Harden responded. 8:39 p.m. Daniel Busa, pr. 1, addressed altering grade of existing lots and spoke in support of the amendment. 8:41 p.m. Thomas Zimmer, pr.6, questioned average grade definition in the amendment and Thomas Harden responded. 8:41 p.m. Robert Whitman, pr.6, questioned the amendment and defeat of "E" and "F ". 8:42 p.m. Jacqueline Davison, pr.3, spoke in opposition. 8:44 p.m. Following a voice vote, the Moderator declared the AMENDMENT NOT ADOPTED. 8:44 p.m. Following a voice vote on the Motion the Moderator called for a standing vote, tallied as follows: Precinct YES NO 1 7 12 2 10 7 3 19 2 4 15 2 5 13 4 6 15 4 7 17 3 8 15 5 9 13 5 AL 4 3 TOTAL 128 47 8:50 With 128 voting in the affirmative and 47 in the negative, the Moderator declared the MAIN MOTION PARTS "E" and "F" ADOPTED by more than the necessary two - thirds vote. Adjourned Session of 2002 Annual Town Meeting April 22, 2002 ARTICLE 21: ZONING BYLAW — CODIFICATION 8:51 p.m. Presented by Anthony Galaitsis. MOTION: (a) That the Zoning Bylaw be amended as set forth in this article; and (b) that the Town adopt the Zoning Bylaw as prepared by General Code Publishers as on file in the Office of the Town Clerk. MOTION To amend the Zoning By -Law in various sections as follows: A. 1) To change all references to the `Building Commissioner" and "Zoning Officer" to read `Building Commissioner or designee" (Attachment A, which is on file wit the Town Clerk, shows where these references occur); 2) To change "planned residential development" to "residential development" in Section 2 in the definitions of "cluster subdivision" and "special residential development ", in subsection 4.1.8.4, and in footnote k of Table 2; 3) To change "variances — to authorize" to "The Board of Appeals may authorize" in Subsection 3.2.2; 4) To change "to link" to "may link" in the third paragraph of Section 3.4.3, subparagraph 2); 5) To add "construction details and" after "A site construction plan showing" in Section 3.6.3 subparagraph d; 6) To add "The general objectives of this section are to:" in Section 4.4.1; 7) To insert "screening" immediately after "c." in Section 11.6.6.c; 8) To insert the word "Space" following the words "Width of Parking" in the table in Section 11.7.2; 9) To insert "Parking Spaces" immediately after "d." in Section 11.8.d; 10) To incorporate in the Zoning By -Laws as found in Chapter 135 of the Code of the Town of Lexington the edits and modifications contained in Attachment B "Codification Adjustments ", which is on file with the Town Clerk; B. Renumber and recaption the Zoning By -Law of the Town as follows: to designate the Zoning By -Law as Chapter 135 of the new Town Code; to renumber each section of the Zoning By -Law accordingly; to insert section titles; to update internal references to reflect the new numbering system, all as set forth in the document on file in the office of the Town Clerk; and to format and incorporate into the Zoning By -Laws, as found in Chapter 135 of the Code of the Town of Lexington, all zoning articles passed at Town Meeting 2002. 8:51 p.m. Anthony Galaitsis moved the Report of the Planning Board on Article 21 be Accepted and Placed on File. Following a voice vote, the Moderator declared the motion adopted and the Report Accepted and Placed on File. 8:53 p.m. Asssitant Planning Director Maryann McCall- Taylor explained the Codification process, renumbering, reformatting, and some reorganization. 8:55 p.m. Following a voice vote, the Moderator declared the Motion Unanimously Adopted. 8:55 p.m. Selectman Jeanne Krieger moved Articles 6,7,12, and 31 be brought up in that order. Following a voice vote, the Moderator declared the Motion Adopted and Article 6 before the meeting. ARTICLE 6: PRIOR YEARS' UNPAID BILLS 8:56 p.m. Presented by Selectman Jeanne Krieger. MOTION: That this Article be Indefinitely Postponed. 8:56 p.m. Following a voice vote, the Moderator declared the Motion Unanimously Adopted. Adjourned Session of 2002 Annual Town Meeting April 22, 2002 ARTICLE 7: SUPPLEMENTARY APPROPRIATIONS FOR AUTHORIZED CAPITAL IMPROVEMENTS 8:57 p.m. Presented by Selectman Jeanne Krieger. MOTION: That this Article be Indefinitely Postponed. 8:57 p.m. Following a voice vote, the Moderator declared the Motion Unanimously Adopted. ARTICLE 12: COMPUTERIZED PUBLIC TREE INVENTORY 8:57 p.m. Presented by James Wood, pr.8. MOTION: That this Article be Indefinitely Postponed. 8:57 p.m. Following a voice vote, the Moderator declared the Motion Unanimously Adopted. ARTICLE 31: AMEND PERMANENT EASEMENT — VARIOUS LOTS 8:58 p.m. Presented by Thomas Fenn, pr.9. MOTION: That this Article be Indefinitely Postponed. 8:58 p.m. Mr. Fenn extended appreciation but explained the sponsor opted to withdraw the article at this time. 8:58 p.m. David Kanter, pr.7, questioned the intent of the applicant for the future; Mr. Fenn explained. 8:59 p.m. Following a voice vote, the Moderator declared the Motion Unanimously Adopted. 8:59 p.m. Selectman Jeanne Krieger moved the meeting be adjourned until 8:00 p.m., Wednesday, May 1, 2002 at the National Heritage Museum. Following a voice vote, the Moderator declared the meeting adjourned. A true copy. Attest: Donna M. Hooper, Town Clerk 2002 ANNUAL TOWN MEETING May 1, 2002 The sixth session of the 2002 Annual Town Meeting was called to order by Moderator Margery M. Battin at 8:05 p.m., May 1, 2002 at the National Heritage Museum. A quorum of 174 was present. The Moderator appointed Precinct Clerks to serve as tellers and Sheldon Spector for at- large and committee members. ARTICLE 2: REPORTS OF COMMITTEES 8:05 p.m. List Baci, pr.4, presented the Report of Lincoln Park Master Plan and Lynne Wilson of the Recreation Committee's Lincoln Park Subcommittee presented a report of the Lincoln Park Committee. 8:15 p.m. Selectman Jeanne Krieger moved the Report of the Town Manager be Accepted and Placed on File. Following a unanimous voice vote, the Moderator declared the Report of the Town Manager Accepted and Placed on File. The Moderator recognized Town Manager Richard J. White for presentation of his report on the FY03 budget. 8:34 p.m. Paul Hamburger moved the Appropriation Committee's Supplemental Report be Accepted and Placed on File. Following a Unanimous Voice Vote, the Moderator declared the Motion Adopted and the Supplemental Report of the Appropriation Committee Accepted and Placed on File. Mr. Hamburger presented his report. 8:52 p.m. The Moderator explained the procedures for addressing Article 4. 8:52 p.m. Presented by Selectman Jeanne Krieger. Selectman Krieger explained that following presentation of Article 4, the intent is to move further consideration on Article 4 until after the May 15 Special Town Meeting. ARTICLE 4: OPERATING BUDGET 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 $61,501,836 (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.) 8:56 p.m. School Committee Chairman Scott Burson summarized the School Committee's requested FY03 budget. 9:07 p.m. Frank Sandy, pr.6, questioned why the school department didn't pay cover ti expenses for rubbish disposal and encouraged the school department to increase recycling �p efforts. Town Manager Richard White addressed the long -term plan and option for transferring costs %) o to the school budget. o N Superintendent Joanne Benton explained the school's recommitment to the recycling initiative. 9:12 p.m. Marina Smith, pr.4, questioned reductions in substitute teacher funding. Scott Burson and Joanne Benton explained the substitute system currently in place. 1200 Minuteman Regional School 843,688 9:13 p.m. Margery Daggett, pr.6, reported on the Minuteman Regional School budget request. 9:23 p.m. David Kanter, pr.7, questioned state aid reduction impact on member assessment and program changes on proposed budget. Margery Daggett responded. Adjourned Session of 2002 Annual Town Meeting May 1, 2002 Employee Benefits 2110 Contributory Retirement 2,721,766 (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 2130-2150 Insurance 4,884,033 (Of which $109,872 is to be transferred from the Water Enterprise Fund, $24,434 is to be transferred from the Sewer Enterprise Fund and $22,680 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 2,185,000 (Of which $19,200 is to be transferred from receipts reserved for appropriation.) 2220 Interest on Funded Debt 292,933 2230 Temporary Borrowing 347,875 2240 Exempt Debt 1,339,535 9:26 p.m. Frank Sandy, pr.6, questioned bonds for water & sewer enterprise funds. Finance Director John Ryan explained the costs were included in the water & sewer budget. Operating Articles 2310 Reserve Fund 150,000 2320 Municipal Salary Adjustments 327,668 (Such sum of $327,668 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 $1,743 is to be transferred from the Water Enterprise Fund and $1,744 is to be transferred from the Sewer Enterprise Fund.) Organizational Expenses 2410 Municipal Services & Expenses Personal Services 41,975 2410 Municipal Services & Expenses 97,400 Community Services 3000 DPW Personal Services 3,174,054 (Of which $254,541 is to be transferred from the Water Enterprise Fund, $219,061 is to be transferred from the Sewer Enterprise Fund, $100,000 is to be transferred from the Cemetery Trust Funds and $75,000 is to be transferred from the Recreation Enterprise Fund.) 9:30 m. Selectman Jeanne Krieger moved the Selectmen's Report on Pay-As- p� g p y � You -Throw (PAYT) be Accepted and Placed on File. The Moderator declared the Motion Adopted. Selectman Krieger presented the report on PAYT. O 9:39 p.m. Ephraim Weiss, pr.6, questioned the future of NESWC. 9:40 p.m. Town Manager Richard White reported the status of the contract, o preliminary alternatives being assessed and current needs analysis. �v %) N 9:42 p.m. James Wood, pr.9, on behalf of the Tree Committee, moved Z the following: --------------- -- AMENDMENT: Amend Article 4, line item 3000 by adding $25,000 for the purchase and planning of public trees. 9:42 p.m. James Wood presented information on requested amendment and discussion followed. 9:45 p.m. Selectman Dawn McKenna questioned funding source for the amendment. Mr. Wood explained funding had not been discussed. Adjourned Session of 2002 Annual Town Meeting May 1, 2002 9:45 p.m. Selectman Jeanne Krieger reported the Board of Selectmen unanimously opposed the amendment. 9:46 p.m. Paul Hamburger reported the Appropriation Committee unanimously opposed the amendment. 9:46 p.m. Patrick Mehr, pr.3, and Bebe Fallick, pr.6, spoke in support. 9:49 p.m. John Hayward, pr.5, questioned the cutting of public trees. Public Works Director William Hadley explained most of the trees cut were diseased trees. 9:50 p.m. Joyce Miller, pr.7, questioned expenses for the prior year. 9:50 p.m. Wendy Rudner, pr.7, questioned tree donations to the Town. Public Works Director William Hadley responded. 9:53 p.m. Ephraim Weiss, pr. 5, questioned DPW budget cuts and additional funding from the amendment. 9:55 p.m. Philip Hamilton, pr.7, reported the Conservation Commission supports the amendment. 9:56 p.m. David Kanter, pr.7, questioned requested funding amount. 9:56 p.m. Following a voice vote on the Amendment, the Moderator declared a standing vote, tallied as follows: Precinct YES NO 1 7 9 2 2 13 3 8 7 4 12 7 5 11 3 6 10 7 7 9 6 8 11 6 9 6 13 At Large 1 14 TOTAL 77 85 9:56 p.m. With 77 voting in the affirmative and 85 in the negative, the Moderator declared the Amendment Not Adopted. 10:00 P.M. Lisa Baci moved the Report of the Lincoln Park Committee previously presented be Accepted and Placed on File. The Moderator declared the Motion Unanimously Adopted. 10:00 P.M. Jacqueline Davison, pr.3, reported plans to move reconsideration of Article 20 after the vote on all financial articles. 10:02 p.m. Peter Kelley, pr.4, questioned the reconsideration process and requested a more specific time be designated. Discussion followed. 10:08 P.M. Dan Fenn, pr.3, advised an evening's advance notice is normally given. 3000 DPW General Expenses 4,090,448 (Of which $216,067 is to be transferred from the Water Enterprise Fund, and $127,082 is to be transferred from the Sewer Enterprise 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.) (And further that the Town Manager is authorized to enter into communications r ' equipment agreements, equipment lease /purchase agreements from time to time provided that each such agreement is subject to annual appropriations.) o (And in addition that $50,000 of expenses for the sale of burial containers I° o 0 and biodegradable bags be funded by the receipt of $50,000 in anticipated revenues, and that the surplus from FY2001 in the amount of $18,359.50 °o Z 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 Adjourned Session of 2002 Annual Town Meeting May 1, 2002 entities in order to enhance public services, increase revenue, improve efficiency, or save money to the benefit of the Town.) 3600 Transportation Personal Services 64,261 3600 Transportation Expenses 239,308 (Of which $79,193 is to be transferred from the Parking Meter Fund.) 10:10 P.M. Peter Kelley, pr.4, questioned LEXPRESS service reduction & elimination of Saturday service. Public Works Director William Hadley provided ridership statistics. 10:12 p.m. Elaine Dratch, pr.5, reported public transportation fits in with the Vision 2020 initiative. d ti U 10:14 p.m. David Kaufman, pr.6, moved the following: -------- - - - - -- AMENDMENT: Line Item 3600 Transportation Expenses $239,308 be increased to read $279,308. °o --------- - - - - -- Mr. Kaufman explained his intent to restore Saturday LEXPRESS service and should the amendment prevail he will then move to make other budgetary adjustments to compensate for the $40,000 differential. 10:16 p.m. Paul Hamburger requested a 5 minute recess for the Appropriation Committee to caucus. The Moderator declared a recess. Ephraim Weiss, pr.5, suggested the amendment be withdrawn until after the May 15 Special Town Meeting on PAYT. 10:28 p.m. The Moderator declared the meeting back in session. Paul Hamburger reported the Appropriation Committee to be unanimously opposed to making changes at this time. The Committee will consider changes after the May 15 Special Town Meeting. 10:30 p.m. Ephraim Weiss, pr.5, moved to Postpone the proposed Amendment until after the Special Town Meeting of May 15, 2002. Following a voice vote on Postponement, the Moderator declared the Motion Adopted and the proposed Amendment postponed to May 15 10:33 p.m. Dan Fenn, pr.3, spoke on his concerns with the proposed tourism trolley, addressing concern with and any local market research data on projected ridership. 10:39 p.m. Selectman Dawn McKenna reported on piloting of the trolley, estimated cost, and MOC grant awarded. 10:40 p.m. Fred Rosenberg, pr.9, questioned anticipated ridership for tourism trolley service. 10:42 p.m. Paul Hamburger, pr.5 & Appropriation Committee, spoke on the revenues vs. expenses and opined that the program should be shut- off if expenses warrant and sought assurance from Selectman McKenna. Selectman McKenna so confirmed and advised the program would be closely monitored and stopped if needed. 10:44 p.m. Ephraim Weiss, pr.5, questioned Selectman McKenna on the projected $30,000 monthly cost and assumed revenue. 3700 Water Department 4,911,735 (And that to raise such amount $4,911,735 be transferred from the Water Enterprise Fund.) 3800 Sewer Department 7,941,089 (And that to raise such amount $7,941,089 be transferred from the Sewer Enterprise Fund.) Public Safety Adjourned Session of 2002 Annual Town Meeting May 1, 2002 4100 Law Enforcement Personal Services 3,845,790 (Of which $93,025 is to be transferred from the Parking Meter Fund.) 4100 Law Enforcement Expenses 410,572 (Of which $16,000 is to be transferred from the Parking Meter Fund.) 4200 Fire Department Personal Services 3,355,744 4200 Fire Department Expenses 481,226 Culture and Recreation 5100 Library Personal Services 1,491,257 5100 Library Expenses 266,394 5200 Recreation Department 1,244,608 (And to raise such amount $1,244,608 be transferred from the Recreation Enterprise Fund.) Social Services 6000 Social Services Personal Services 173,185 6000 Social Services Expenses 290,857 Community Development 7100 Community Development Personal Services 585,789 7100 Community Development Expenses 58,360 7200 Planning Personal Services 175,134 7200 Planning Expenses 38,450 7300 Economic Development Personal Services 90,616 (And that $33,020 of personal services for the operation of the Tourist Trolley be funded by the receipt of $33,020 in anticipated revenues.) 7300 Economic Development Expenses 118,385 (And that $67,605 of expenses for the operation of a Tourist Trolley be funded by the receipt of $67,605 in anticipated revenues.) General Government 8110 Board of Selectmen Administration Personal Services 64,404 (Of which $3,324 is to be transferred from the Water Enterprise Fund and $831 is to be transferred from the Sewer Enterprise Fund.) 8110 Board of Selectmen Administration Expenses 74,090 8120 Legal Fees & Expenses 225,000 8130 Town Report 6,000 8200 Town Manager Personal Services 318,246 (Of which $46,848 is to be transferred from the Water Enterprise Fund and $11,712 is to be transferred from the Sewer Enterprise Fund.) 8200 Town Manager Expenses 14,667 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 826,330 (Of which $245,464 is to be transferred from the Water Enterprise Fund and $61,365 is to be transferred from the Sewer Enterprise Fund.) 8400 Finance Expenses 219,900 (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 2002, 2003 and 2004, as permitted by General Laws Chapter 44, Section 53F.) Town Clerk 8500 Town Clerk Personal Services 220,784 8500 Town Clerk Expenses 65,395 Management Information Systems 8600 MIS Personal Services 152,390 (Of which $44,020 is to be transferred from the Water Enterprise Fund and $11,006 is to be transferred from the Sewer Enterprise Fund.) 8600 MIS Expenses 205,220 10:45 p.m. Wendy Rudner, pr.7, spoke on other reductions. Adjourned Session of 2002 Annual Town Meeting May 1, 2002 10:47 p.m. Frank Sandy, pr.6, questioned continuing with Article 4. 10:47 p.m. Selectman Jeanne Krieger explained should a referendum be called on the May 15 Special Town Meeting, the intent is to vote Article 4 after the referendum; otherwise the vote will be sought after the Special Town Meeting. 10:47 p.m. Selectman Jeanne Krieger moved to postpone the vote on Article 4 until after the May 15, 2002 Special Town Meeting. Following a voice vote, the Moderator declared the Motion for Postponement Adopted. ARTICLE 5: SUPPLEMENTARY APPROPRIATIONS FOR CURRENT FISCAL YEAR (FY2002) 10:49 p.m. Presented by Selectman Jeanne Krieger. MOTION: That $32,500 be appropriated to Line Item 8500 Town Clerk Personal Services and $17,500 be appropriated to Line Item 8500 Town Clerk Expenses and that to raise such amount $50,000 be transferred from the Unreserved Fund Balance. 10:50 p.m. Selectman Krieger explained the additional funding requested will cover the expenses for two unanticipated special elections in FY2002, and reported the unanimous support of the Board of Selectmen for this motion. 10:50 p.m. Paul Hamburger reported the Appropriation Committee's unanimous support. 10:50 p.m. Following a voice vote, the Moderator declared the Motion Adopted. 10:50 p.m. Paul Hamburger served Notice of Reconsideration of Article 5. 10:52 p.m. The Moderator addressed remaining articles and meeting dates. 10:52 p.m. Selectman Jeanne Krieger moved the meeting be adjourned until 8:00 p.m., Monday, May 6, 2002 at the Clarke Middle School. 10:52 p.m. Following a voice vote, the Moderator declared the meeting adjourned. A true copy. Attest: Donna M. Hooper, Town Clerk 2002 ANNUAL TOWN MEETING May 22, 2002 The ninth session of the 2002 Annual Town Meeting was called to order by Moderator Margery M. Battin at 8:08 p.m., May 22, 2002, at the Clarke Middle School. A quorum of 145 was present. The Moderator requested a moment of silence to honor the passing of Elizabeth Flynn, former town meeting member of precinct 3. The Moderator appointed precinct clerks to serve as tellers and Sheldon Spector as teller for At -Large members. The Moderator explained the anticipated action to be followed this session and that David Kaufman's amendment from May I" is the next piece of business. Selectman Jeanne Krieger explained the intentions of the Board of Selectmen for Article 4 and the restoration of cuts. 8:14 p.m. Superintendent Joanne Benton reviewed the requested school budget. 8:17 p.m. Paul Hamburger, Appropriation Committee, summarized the free cash position and anticipated FY2004 problems. 8:19 P.M. The Moderator declared Article 4 before the meeting, and the amendment of May 1, 2002 of David Kaufman. ARTICLE 4: OPERATING BUDGET Mr. Kaufman again moved the following amendment to restore funding to Lexpress: MOTION: Line Item 3600 Transportation Expenses $239,308 be increased to read $279,308. 8:23 p.m. Selectman Jeanne Krieger reported the unanimous support of the Selectmen for this amendment, with $22,000 coming from the tour bus expenses and $18,000 from adjusting yard waste pickups contingent upon restoration of PAYT. 8:25 p.m. Paul Hamburger reported the unanimous support of the Appropriation Committee and sought clarification on contingency if PAYT is not restored. Town Manager Richard White explained the basis for computing the $18,000 available funding. 8:25 p.m. Frank Sandy, pr.6, expressed his concerns on the upcoming motions and the combinations should all or some be adopted. 8:26 p.m. Selectman Dawn McKenna reported the unanimous support of the Board of Selectmen for Mr. Kaufman's motion and for not taking any funds from free cash. 8:27 p.m. Selectman Jeanne Krieger reported the Board of Selectmen will propose amendments under specific line items of Article 4. 8:27 p.m. Following a voice vote on the Kaufman Amendment, the Moderator Declared the Motion Adopted. 8:28 p.m. Jed Snyder, pr.5, thanked the School Department and School Committee for their dedication and hard work, stated the schools need to tighten their belts, and moved: MOTION: That the amount requested for appropriation by the School Committee be reduced by $250,000. (Line item 1100.) 8:33 p.m. Scott Burson reported the unanimous opposition of the School Committee and addressed budget tightening measures taken. 8:37 p.m. Selectman Jeanne Krieger reported the unanimous opposition of the Board of Selectmen. 8:38 p.m. Paul Hamburger reported the Appropriation Committee's opposition. 8:38 p.m. John Rosenberg, pr.4, spoke on the quality of the faculty and spoke in opposition. Adjourned Session of the 2002 Annual Town Meeting May 22, 2002 8:41 p.m. Neal Boyle, pr.7, spoke in support. 8:43 p.m. Ingrid Klimoff, pr.8, spoke in opposition. 8:44 p.m. Loren Wood, pr.3, spoke in support. 8:46 p.m. Albert Zabin, pr. 1, spoke in opposition, and of the priority of education. 8:48 p.m. Lisa Baci, pr.4, spoke in opposition. 8:49 p.m. Edith Sandy, pr.6, spoke in opposition. 8:50 p.m. Following a voice vote on the proposed Amendment, the Moderator Declared the Motion Not Adopted. ARTICLE 4 OPERATING BUDGET 1100 Lexington Public Schools 8:50 p.m. School Committee Chairman Scott Burson moved: MOTION: I move that Line Item 1100 Lexington Public Schools be amended by changing the figure $61,501,836 to $61,564,696 and by adding (Provided, however, that $62,860 of the appropriation is contingent upon the reinstitution of the Pay As You Throw Program.) 8:52 p.m. Selectman Jeanne Krieger reported the unanimous support of the Selectmen. 8:52 p.m. Paul Hamburger reported the unanimous support of the Appropriation Committee. 8:53 p.m. Jed Snyder, pr.5, spoke in opposition. 8:54 p.m. Following a voice vote, the Moderator Declared the Motion Adopted. 3000 DPW General Expenses 8:56 p.m. Selectman Jeanne Krieger moved: MOTION: I move that Line Item 3000 DPW General Expenses be amended by changing the figure $4,090,448 to $3,888,088 and by adding (Provided, however, that $33,000 of the appropriation is contingent upon the reinstitution of the Pay As You Throw Program.) (Provided that the total appropriation shall be increased by $217,360 if the Pay As You Throw Program is not reinstituted.) Selectman Krieger reported the unanimous support of the Board of Selectmen. Paul Hamburger reported the unanimous support of the Appropriation Committee. 8:58 p.m. Following a voice vote, the Moderator Declared the Motion Adopted. 8:58 p.m. Charles Lamb, pr.4, moved the following Resolution: MOTION: That Line Item 3000 DPW General Expenses be amended by adding the following: (Resolved that a Pay As You Throw Program will be implemented for refuse disposal services if Section 90 -9 of the General Bylaws is amended in accordance with the vote under Article 3 of the warrant for the Special Town Meeting of May 15, 2002.) Mr. Lamb explained the intent of the Resolution is to implement PAYT, which is empowered by not required by law. 9:00 P.M. Selectman Jeanne Krieger reported the Selectmen's unanimous support. 9:01 P.M. Paul Hamburger reported the Appropriation Committee unanimous support. 9:01 P.M. John Rossi, pr. 1, spoke in opposition. 9:03 p.m. Richard Michelson, pr.8, spoke in opposition. 9:04 p.m. Selectman Dawn McKenna reported the Selectmen's vote of 4 -1 in favor. 9:04 p.m. Peter Kelley, pr.4, spoke in opposition and of the need to wait for results of the June 24 Referendum. 9:08 P.M. Paul Hamburger, pr.5, questioned if the Selectmen would abide by the wishes of the majority and implement the PAYT. A poll of the Selectmen showed 2 in favor of reinstating and 3 not willing to speculate. 9:10 P.M. Andrew Friedlich, pr.5, questioned the Board of Selectmen on further implementation of the PAYT and support of Town Meeting vote. 9:11 P.M. Ephraim Weiss, pr.5, stated the role of Town Meeting and the Board of Selectmen, and spoke in support of the resolution. 9:12 p.m. Edith Sandy, pr.6, stated responsibility of Town Meeting as she saw it. 9:14 p.m. Robert Rotberg, pr.3, questioned carrying forward. 9:14 p.m. Eric Michelson, pr. 1, spoke against. Adjourned Session of the 2002 Annual Town Meeting May 22, 2002 9:16 p.m. Ingrid Klimoff, pr. 8, moved the question. The Moderator polled the meeting on shall the question now be put, Declared the Motion Adopted, and question now before the meeting. 9:17 p.m. Following a voice vote on Mr. Lamb's motion, the Moderator Declared the Motion Adopted. 9:17 p.m. Nyles Barnert, pr.4, moved: MOTION: Amend line item 3000 by adding: Resolved, A change in the policy of providing 30 tags annually shall be presented to Town Meeting for approval. 9:19 P.M. Selectman Jeanne Krieger reported alternatives to the 30 tag policy are under consideration. 9:20 p.m. Paul Hamburger reported the unanimous support of the Appropriation Committee. 9:21 p.m. Selectman Dawn McKenna clarified the Selectmen's majority position and alternatives considered. 9:23 p.m. Ephraim Weiss, pr.5, spoke in opposition and of the inappropriateness of Town Meeting to micromanage. 9:27 p.m. Following a voice vote, the Moderator called for a standing vote, tallied as follows: Pct YES NO 1 9 8 2 2 6 3 5 8 4 9 5 5 4 7 6 9 6 7 4 10 8 6 8 9 6 9 At Large 10 4 TOTAL 64 71 9:27 p.m. With 64 voting in the affirmative and 71 in the negative, the Moderator Declared the Motion Not Adopted. 4100 Law Enforcement Personal Services 9:28 p.m. Selectman Jeanne Krieger moved: MOTION: I move that Line Item 4100 Law Enforcement Personal Services be amended by changing the figure $3,845,790 to $3,864,790 and by adding (Provided, however, that $19,000 of the appropriation is contingent upon the reinstitution of the Pay As You Throw Program.) Selectman Krieger reported the unanimous support of the Board of Selectmen. Paul Hamburger reported the unanimous support of the Appropriation Committee. 9:28 p.m. Richard Michelson, pr.8, addressed the police presence in the center. 9:29 p.m. Following a voice vote, the Moderator Declared the Motion Adopted. 4200 Fire Department Personal Services 9:29 p.m. Selectman Jeanne Krieger moved: MOTION: I move that Line Item 4200 Fire Department Personal Services be amended by changing the figure $3,355,744 to $3,381,744 and by adding (Provided, however, that $26,000 of the appropriation is contingent upon the reinstitution of the Pay As You Throw Program.) Selectman Krieger reported the unanimous support of the Selectmen and how this funding would expedite Fire Department hiring of supervisory personnel. 9:30 p.m. Paul Hamburger reported the unanimous support of the Appropriation Committee. 9:31 p.m. Following a voice vote, the Moderator Declared the Motion Adopted. Adjourned Session of the 2002 Annual Town Meeting May 22, 2002 4200 Fire Department Expenses 9:31 p.m. Selectman Jeanne Krieger moved: MOTION: I move that Line Item 4200 Fire Department Expenses be amended by changing the figure $481,226 to $484,726 and by adding (Provided, however, that $3,500 of the appropriation is continent upon the reinstitution of the Pay As You Throw Program.) Selectman Krieger reported unanimous support of the Selectmen. Paul Hamburger reported unanimous support of the Appropriation Committee. 9:31 p.m. Following a voice vote, the Moderator declared the Motion Adopted. 7200 Planning Expenses 9:32 p.m. Selectman Jeanne Krieger moved: MOTION: I move that Line Item 7200 Planning Expenses be amended by changing the figure $38,450 to $58,450 and by adding (Provided, however, that $20,000 of the appropriation is contingent upon the reinstitution of the Pay As You Throw Program.) 9:32 p.m. Selectman Krieger reported the support of a majority of the Selectmen 9:32 p.m. Paul Hamburger reported the unanimous support of the Appropriation Committee. 9:32 p.m. Following a voice vote, the Moderator declared the Motion Adopted. 7300 Economic Development Expenses 9:33 p.m. Selectmen Jeanne Krieger moved: MOTION: I move that under Line Item 7300 Economic Development Expenses the wording in parenthesis be amended by changing the figures $67,605 to $97,605. Selectman McKenna addressed issues and concerns regarding the funding risk and guaranteed sales for the Liberty Ride. 9:36 p.m. Paul Hamburger reported the Appropriation Committee was in favor but questioned additional funding. Selectman McKenna reported the unanimous support of the Selectmen. 9:38 p.m. Ephraim Weiss, pr. 5, questioned the motion before the meeting and action requested. Selectman Enrich explained the vote by Town Meeting was to support the Liberty Ride program even if it is revenue neutral. 9:40 p.m. Ephraim Weiss, pr.5, questioned if funding is not received. Selectman Enrich explained monies cannot be expended if funding is not received and the program may be discontinued on short notice. 9:41 p.m. Following a voice vote, the Moderator Declared the Motion Adopted. 9:41 p.m. Following a voice vote on ARTICLE 4, as AMENDED, the Moderator Declared the Motion Adopted. Adjourned Session of the 2002 Annual Town Meeting May 22, 2002 --------------------------------------------------------- ARTICLE 4 OPERATING BUDGET (as amended) Article 4 OPERATING BUDGET 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 $61,564,696 (Provided, however, that $62,860 of the appropriation is contingent upon the reinstitution of the Pay As You Throw Program) (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.) 1200 Minuteman Regional School 843,688 Employee Benefits 2110 Contributory Retirement 2,721,766 (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 2130-2150 Insurance 4,884,033 (Of which $109,872 is to be transferred from the Water Enterprise Fund, $24,434 is to be transferred from the Sewer Enterprise Fund and $22,680 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 2,185,000 (Of which $19,200 is to be transferred from receipts reserved for appropriation.) 2220 Interest on Funded Debt 292,933 2230 Temporary Borrowing 347,875 2240 Exempt Debt 1,339,535 Operating Articles 2310 Reserve Fund 150,000 2320 Municipal Salary Adjustments 327,668 (Such sum of $327,668 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 $1,743 is to be transferred from the Water Enterprise Fund and $1,744 is to be transferred from the Sewer Enterprise Fund.) Organizational Expenses 2410 Municipal Services & Expenses Personal Services 41,975 2410 Municipal Services & Expenses 97,400 Community Services 3000 DPW Personal Services 3,174,054 (Of which $254,541 is to be transferred from the Water Enterprise Fund, $219,061 is to be transferred from the Sewer Enterprise Fund, $100,000 is to be transferred from the Cemetery Trust Funds and $75,000 is to be transferred from the Recreation Enterprise Fund.) Adjourned Session of the 2002 Annual Town Meeting May 22, 2002 3000 DPW General Expenses 3,888,088 (Provided, however, that $33,000 of the appropriation is contingent upon the reinstitution of the Pay As You Throw Program and provided further that the total appropriation shall be increased by $217,360 if the Pay As You Throw Program is not reinstituted.) (Of which $216,067 is to be transferred from the Water Enterprise Fund, and $127,082 is to be transferred from the Sewer Enterprise 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.) (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 FY2001 in the amount of $18,359.50 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.) (Resolved that a Pay As You Throw Program will be implemented for refuse disposal services if Section 90 -9 of the General Bylaws is amended in accordance with the vote under Article 3 of the warrant for the Special Town Meeting of May 15, 2002.) 3600 Transportation Personal Services 64,261 3600 Transportation Expenses 279,308 (Of which $79,193 is to be transferred from the Parking Meter Fund.) 3700 Water Department 4,911,735 (And that to raise such amount $4,911,735 be transferred from the Water Enterprise Fund.) 3800 Sewer Department 7,941,089 (And that to raise such amount $7,941,089 be transferred from the Sewer Enterprise Fund.) Public Safety 4100 Law Enforcement Personal Services 3,864,790 (Provided, however, that $19,000 of the appropriation is contingent upon the reinstitution of the Pay As You Throw Program.) (Of which $93,025 is to be transferred from the Parking Meter Fund.) 4100 Law Enforcement Expenses 410,572 (Of which $16,000 is to be transferred from the Parking Meter Fund.) 4200 Fire Department Personal Services 3,381,744 (Provided, however, that $26,000 of the appropriation is contingent upon the reinstitution of the Pay As You Throw Program.) 4200 Fire Department Expenses 484,726 (Provided, however, that $3,500 of the appropriation is contingent upon the reinstitution of the Pay As You Throw Program.) Culture and Recreation 5100 Library Personal Services 1,491,257 5100 Library Expenses 266,394 5200 Recreation Department 1,244,608 (And to raise such amount $1,244,608 be transferred from the Recreation Enterprise Fund.) Social Services 6000 Social Services Personal Services 173,185 6000 Social Services Expenses 290,857 Adjourned Session of the 2002 Annual Town Meeting May 22, 2002 Community Development 7100 Community Development Personal Services 585,789 7100 Community Development Expenses 58,360 7200 Planning Personal Services 175,134 7200 Planning Expenses 58,450 (Provided, however, that $20,000 of the appropriation is contingent upon the reinstitution of the Pay As You Throw Program.) 7300 Economic Development Personal Services 90,616 (And that $33,020 of personal services for the operation of the Tourist Trolley be funded by the receipt of $33,020 in anticipated revenues.) 7300 Economic Development Expenses 118,385 (And that $97,605 of expenses for the operation of a Tourist Trolley be funded by the receipt of $97,605 in anticipated revenues.) General Government 8110 Board of Selectmen Administration Personal Services 64,404 (Of which $3,324 is to be transferred from the Water Enterprise Fund and $831 is to be transferred from the Sewer Enterprise Fund.) 8110 Board of Selectmen Administration Expenses 74,090 8120 Legal Fees & Expenses 225,000 8130 Town Report 6,000 8200 Town Manager Personal Services 318,246 (Of which $46,848 is to be transferred from the Water Enterprise Fund and $11,712 is to be transferred from the Sewer Enterprise Fund.) 8200 Town Manager Expenses 14,667 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 826,330 (Of which $245,464 is to be transferred from the Water Enterprise Fund and $61,365 is to be transferred from the Sewer Enterprise Fund.) 8400 Finance Expenses 219,900 (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 2002, 2003 and 2004, as permitted by General Laws Chapter 44, Section 53F.) Town Clerk 8500 Town Clerk Personal Services 220,784 8500 Town Clerk Expenses 65,395 Management Information Systems 8600 MIS Personal Services 152,390 (Of which $44,020 is to be transferred from the Water Enterprise Fund and $11,006 is to be transferred from the Sewer Enterprise Fund.) 8600 MIS Expenses 205,220 ---------------------------------------------------------------------- 9:42 p.m. Fred Martin, pr.7, questioned what happens to the budget if PAYT is not implemented. Selectman Jeanne Krieger explained the contingent programs would not be reinstituted and any revenue accumulated would be deposited into free cash. The Town is in no position to formally estimate revenue without a formal PAYT. 9:45 p.m. Sam Berman, pr.3, questioned contingent funding votes. Selectman Krieger explained programs would only be restored if PAYT is instituted. Adjourned Session of the 2002 Annual Town Meeting May 22, 2002 9:46 p.m. Frank Sandy, pr.6, questioned PAYT brokerage estimates. Town Manager Richard White explained revenue estimates are hoped to cover costs. 9:47 p.m. Thomas Zimmer, pr.6, questioned the reduction in yard waste collections and trash tonnage. Town Manager Richard White addressed rubbish collections and expansion of yard waste collections. 9:49 p.m. Joyce Miller, pr.7, questioned composting of yard waste materials collected. Town Manager Richard White explained the process. 9:50 p.m. Thomas Zimmer, pr.6, questioned impact of reduced collections on yard waste composting. Mr. White then addressed additional yard waste pickup frequencies are dependent upon restoration of PAYT. It is illegal to deposit yard wastes in trash. 9:53 p.m. Following a voice vote on Article 4 as Amended, the Moderator Declared the Motion Adopted. 9:53 p.m. Paul Hamburger Served Notice of Reconsideration on Article 4. The Moderator declared a 10 minute recess to discuss Article 8G. 10:06 p.m. The Moderator called the Meeting to Order and declared Article 8G before the Meeting. ARTICLE 8 CAPITAL PROJECTS AND EQUIPMENT (g) Sidewalk Improvements 10:07 p.m. Selectman Jeanne Krieger moved: MOTION: That Article 8 (g) Sidewalk Improvements be amended by changing the figure $0 to $50,000 and by adding the following: and that $50,000 be raised in the tax levy; (Provided, however, that $50,000 of the appropriation is contingent upon the reinstitution of the Pay As You Throw Program.) 10:07 p.m. Selectman Krieger reported the support of the Board of Selectmen. 10:08 P.M. Charles Horning reported the unanimous support of the Capital Expenditures Committee and explained justification for the $50,000 amount with contingency upon the trash fee. 10:09 P.M. Paul Hamburger reported the unanimous support of the Appropriation Committee. 10:09 P.M. Following a voice vote, the Moderator Declared the Motion Adopted. Adjourned Session of the 2002 Annual Town Meeting May 22, 2002 ------------------------------------ ARTICLE 8 CAPITAL PROJECTS AND EQUIPMENT (as amended) MOTION: That the following amounts be appropriated for the following capital improvements and that each amount be raised as indicated: (a) Public Works Equipment - $327,500 and that $214,500 be raised in the tax levy and $53,000 be transferred from the Water Enterprise Fund and $60,000 be transferred from the Sewer Enterprise Fund; (b) Pine Meadows Improvements - $300,000 and that $300,000 be transferred from the Recreation Enterprise Fund; (c) Traffic Improvements - $180,000 and that $180,000 be raised in the tax levy; (d) Street Related Improvements - $1,100,000 and that $650,000 be raised in the tax levy; 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; (e) Playground and Recreation Facilities Improvement - $30,000 and that $30,000 be raised in the Tax Levy; (f) Storm Sewer Improvements - $100,000 and that $100,000 be transferred from the Sewer Enterprise Fund; (g) Sidewalk Improvements — $50,000 and that $50,000 be raised in the tax levy; (Provided, however, that $50,000 of the appropriation is contingent upon the reinstitution of the Pay as You Throw Program.) (h) Town Building Envelope Remodeling Program - $685,000 and that the Treasurer with the approval of the Board of Selectmen is authorized to borrow $685,000 under G.L.c.44, §7(3A) or any other enabling authority. ------------------------------------ ARTICLE 33 USE OF FUNDS TO REDUCE TAX RATE 10:10 P.M. Presented by Selectman Jeanne Krieger: MOTION: That the sum of $3,200,000 be appropriated to reduce the tax levy for the fiscal year beginning July 1, 2002, and that such amount be transferred from the Unreserved Fund Balance. Selectman Krieger addressed cash reserve balance, the AAA rating of the town, and reported the unanimous support of the Selectmen. 10:13 p.m. Paul Hamburger reported the unanimous support of the Appropriation Committee. 10:13 p.m. Following a voice vote, the Moderator declared the Motion Adopted Unanimously. 10:13 p.m. Following a voice vote on ARTICLE 8, as AMENDED, the Moderator Declared the Motion Adopted Unanimously. 10:14 p.m. Selectman Jeanne Krieger moved the 2002 Annual Town Meeting be Dissolved. 10:14 p.m. Following a voice vote, the Moderator declared the 2002 Annual Town Meeting Dissolved. A true copy. Attest: Donna M. Hooper, Town Clerk 2002 ANNUAL TOWN MEETING May 6, 2002 The seventh session of the 2002 Annual Town Meeting was called to order by Moderator Margery M. Battin at 8:03 p.m., May 6, 2002, at the Clarke Middle School. A quorum of 168 was present. The Moderator appointed Precinct Clerks to serve as tellers and Sheldon Spector for at- large and committee members. 8:04 p.m. The Moderator declared a recess for a School Department presentation of the Michael Wagner Technology Award. 8:08 P.M. The Moderator declared the meeting back in session and announced Town Counsel would be represented this evening by Mr. Roger Vacco of Palmer & Dodge, and that the intent was to take up Articles 8, 9, 10, 11 and 29 this evening. 8:10 P.M. Jacqueline Davison, pr.3, announced she has no intent of asking Article 20 be reconsidered by the meeting. ARTICLE 2: REPORTS OF COMMITTEES 8:10 P.M. Public Works Director William Hadley provided a brief statement regarding the Facilities Maintenance Software and Public Works Manager of Operations Brian Gilbert reported on the progress of the software and program implementation. 8:17 p.m. Capital Expenditures Committee Chairman Shirley Stolz addressed Part 2 of the Capital Expenditures Committee Report — Small Ticket Capital and the Committee's Vice Chairman Charles Hornig presented a summary of small ticket funding plans and the Cash Capital Policy. ARTICLE 8: CAPITAL PROJECTS AND EQUIPMENT 8:29 p.m. Presented by Selectman Leo McSweeney. MOTION: That the following amounts be appropriated for the following capital improvements and that each amount be raised as indicated: (a) Public Works Equipment - $327,500 and that $214,500 be raised in the tax levy and $53,000 be transferred from the Water Enterprise Fund and $60,000 be transferred from the Sewer Enterprise Fund; (b) Pine Meadows Improvements - $300,000 and that $300,000 be transferred from the Recreation Enterprise Fund; (c) Traffic Improvements - $180,000 and that $180,000 be raised in the tax levy; (d) Street Related Improvements - $1,100,000 and that $650,000 be raised in the tax levy; 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; (e) Playground and Recreation Facilities Improvement - $30,000 and that $30,000 be raised in the Tax Levy; (f) Storm Sewer Improvements - $100,000 and that $100,000 be transferred from the Sewer Enterprise Fund; (g) Sidewalk Improvements — $0 (h) Town Building Envelope Remodeling Program - $685,000 and that the Treasurer with the approval of the Board of Selectmen is authorized to borrow $685,000 under G.L.c.44, §7(3A) or any other enabling authority. 8:29 p.m. Selectman McSweeney summarized proposed equipment purchases in part "a" and reported the Board of Selectmen recommends approval. Selectman McSweeney reported the Board of Selectmen recommends approval of part "b ". Donald Chisholm of the Recreation Committee outlined the plan of work at Pine Meadows. Adjourned Session of 2002 Annual Town Meeting May 6, 2002 8:43 p.m. Selectman McSweeney summarized proposed traffic improvements and reported the Board of Selectmen recommends approval of part "c ". Selectman McSweeney summarized proposed street improvements and reported the Board of Selectmen recommends approval of part "d ". Selectman McSweeney summarized proposed playground and recreation facility improvements and reported the Board of Selectmen recommends approval of part "e ". Recreation Committee member Richard Neumeier explained this is the annual request of the Committee for tax levy funds for playgrounds. Selectman McSweeney summarized planned sewer improvements and reported the Board of Selectmen recommends approval of part' f'. 8:48 p.m. Selectman McSweeney moved to separate out and defer action on Article 8, part "G ". Following a unanimous vote, the Moderator declared Article 8, part "G" separated out and to be dealt with after the May 15, 2002 Special Town Meeting. Selectman McSweeney summarized proposed building envelope work under part "H" and reported the Board of Selectmen recommended approval of part "h ". Selectman Dawn McKenna commented on tourism priorities and Visitor Center upgrading. 8:53 p.m. Charles Hornig, Capital Expenditures Committee, reported the Committee's unanimous support for Article 8, parts A -F, H. 8:53 p.m. Deborah Brown, Appropriation Committee, reported the Committee's unanimous support of Article 8, parts A -F, H. 8:53 p.m. David Kanter, pr.7, questioned anticipated DPW equipment (part A) costs and trade -in allowances. Public Works Director William Hadley explained the process. 8:55 p.m. Sheldon Spector, pr.6, questioned Pine Meadows Golf Course roadway work (part B). Donald Chisholm, Recreation Committee, explained planned work. 8:57 p.m. David Kanter, pr.7, questioned storm sewer design improvements and impact on streams (part F). Assistant Town Engineer David Carbonneau explained planned project impact and permitting. 8:59 p.m. Following a voice vote, the Moderator declared Article 8, Parts A -F, H adopted by more than the necessary two - thirds vote. 8:59 p.m. Charles Horning, Capital Expenditures Committee, served Notice of Reconsideration on Article 8, parts A -F, H. ARTICLE 9: WATER DISTRIBUTION SYSTEM IMPROVEMENTS 9:00 P.M. Presented by Selectman William Kennedy. MOTION: That the sum of $900,000 be appropriated for upgrading the water distribution system in the Lowell, Pearl and Shade Street areas; and that to meet this appropriation $340,000 be transferred from the Water Enterprise Fund and that the Treasurer with the approval of the Board of Selectmen is authorized to borrow $560,000 under G.L.c.44, §8 or any other enabling authority, all or a portion of which borrowing may be from the Massachusetts Water Resources Authority ( "MWRA') and in connection therewith to enter into a loan agreement and /or security agreement with the MWRA with respect to such loan. 9:00 P.M. Selectman Kennedy reported on the Water Distribution improvements for the Lowell, Pearl and Shade Street areas and reported the Board of Selectmen recommends approval. 9:01 P.M. Charles Hornig reported the Capital Expenditures Committee's unanimous support. 9:01 P.M. Deborah Brown reported the Appropriation Committee's unanimous support. 9:02 p.m. Frank Sandy, pr.6, questioned funding of bonding from the Enterprise Fund. Town Manager Richard White explained how Debt Service costs are budgeted. Adjourned Session of 2002 Annual Town Meeting May 6, 2002 9:08 P.M. Jane Pagett, pr.6, questioned the program for sewering yet to be sewered areas. Assistant Town Engineer David Carbonneau explained the status of such program. 9:11 P.M. Following a Unanimous vote, the Moderator declared the Motion Adopted by more than the necessary two - thirds vote. 9:11 P.M. Charles Horning, Capital Expenditures Committee, served Notice of Reconsideration of Article 9. ARTICLE 10: SCHOOL TECHNOLOGY PROGRAM 9:11 P.M. Presented by Sherry Gordon, pr.3. MOTION: That the sum of $185,000 be appropriated for the purchase of computer hardware, software and equipment for the School Department; and to meet this appropriation $185,000 be raised in the tax levy. School Committee Member Gordon, and Technology Coordinator Shelley Chamberlain, presented the 2002 -2005 school technology plan. 9:14 p.m. George Burnell reported the Capital Expenditures Committee's unanimous support. 9:15 p.m. Appropriation Committee member Ronald Pawliczek reported the Committee's unanimous support. 9:15 p.m. Selectman Leo McSweeney reported the Board of Selectmen's support. 9:15 p.m. Lisa Baci, pr.4, questioned funding level for the school department to meet its computer goals. Ms. Chamberlain acknowledged funding request had been decreased. 9:17 p.m. Following a voice vote, the Moderator declared the Motion Adopted. 9:17 p.m. George Burnell served Notice of Reconsideration on Article 10. ARTICLE 11: SCHOOL CAPITAL PROJECT 9:18 P.M. Presented by Thomas Griffiths. MOTION: That $80,000 is appropriated to reconstruct and make extraordinary repairs to the gym floor at the Clarke Middle School; that to meet this appropriation, the Treasurer with the approval of the Board of Selectmen is authorized to borrow $80,000 under G.L.c.44, §7(3A), G.L.c.70B or any other enabling authority; and that the Permanent Building Committee is authorized to take any other action necessary to carry out this project. Mr. Griffiths explained these expenses are eligible for the 59% state reimbursement as part of the ongoing secondary school project. 9:20 p.m. George Burnell reported the Capital Expenditures Committee's unanimous support. 9:20 p.m. Sheldon Spector reported the Appropriation Committee's unanimous support. 9:21 p.m. Selectman Leo McSweeney reported the Board of Selectmen's unanimous support. 9:21 p.m. Following a Unanimous voice vote, the Moderator declared the Motion Adopted by more than the necessary two - thirds vote. 9:21 p.m. George Burnell served Notice of Reconsideration on Article 11. 9:21 p.m. Selectman Peter Enrich moved that Article 29 be taken up at this time. Following a Unanimous voice vote, the Moderator declared the Motion Adopted and Article 29 before the meeting. ARTICLE 29: COMMUNITY PRESERVATION ACT — ACCEPT M.G.L. CHAPTER 44B 9:22 p.m. Presented by Selectman Peter Enrich. MOTION: That this Article be Indefinitely Postponed. Selectman Enrich provided a review of the Community Preservation Act, the process for a community to adopt, and explained that the Community Preservation Act Feasibility Advisory Committee has decided not to move forward with the CPA this year. Adjourned Session of 2002 Annual Town Meeting May 6, 2002 Selectman Enrich summarized the pros and cons for adoption and explained what he saw as the reasons for not proceeding forward at this time. 9:35 p.m. Charles Hornig reported a majority of the Capital Expenditures Committee favors Indefinite Postponement. 9:37 p.m. Alan Levine reported the Appropriation Committee unanimously supports Indefinite Postponement. 9:38 p.m. Ephraim Weiss, pr.5, questioned Selectman Enrich on expenditures the Town would incur if the CPA were to be adopted and the timeframe for enactment of the program. Selectman Enrich explained a review did not reveal any obvious projects for which the Town would save in the immediate future and that adoption now would allow the CPA to take effect in FY2003. 9:40 p.m. Jacqueline Davison, pr.3, moved the following Substitute Motion: SUBSTITUTE MOTION /AMENDMENT: That the Town hereby accepts Sections 3 to 7, inclusive, of Chapter 44B of the General Laws, otherwise known as the Massachusetts Community Preservation Act, by approving a surcharge on real property for the purposes permitted by said Act, including the acquisition, creation and preservation of open space, the acquisition and preservation of historic resources, the acquisition, creation and preservation of land for recreational use, the creation, preservation and support of community recreational use and community housing that is acquired or created as provided under said Act; that the amount of such surcharge on real property shall be 2% of the annual real estate tax levy against real property; that such surcharge on real property shall commence in fiscal year 2003 of the Town; and that the Town hereby accepts the following exemptions from such surcharge permitted under Section 3(e) of said Act: (a) property owned and occupied as a domicile by any person who qualifies for low income housing or low or moderate income senior housing in the Town, as defined in Section 2 of said Act, and (b) $100,000 of the value of each taxable parcel of residential real property. 9:41 p.m. Jacqueline Davison reported her justification for adoption of the Community Preservation Act and adoption of this substitute motion. 9:45 p.m. Selectman Peter Enrich reported a majority of the Board of Selectmen opposes the amendment. Selectman Dawn McKenna reported Selectmen Krieger and McKenna support the amendment. 9:47 p.m. Sam Silverman, pr.5, questioned the effectiveness of the amendment. Town Counsel Roger Vacco reported if adopted in the Fall of 2002 the Department of Revenue could allow the Town to put onto the last two 2002 tax payments. 9:48 p.m. Marilyn Fenolossa, pr.5, a member of the Community Preservation Act Feasibility Committee and member of the Historical Commission, spoke in support of the Community Preservation Act but questioned the motion and reported the Feasibility Committee hadn't decided a percentage to tax. Selectman Peter Enrich reported the Feasibility Committee had unanimously recommended specific exemptions but had not determined a percentage to tax. 9:53 p.m. Alan Levine reported the Appropriation Committee was unanimously against the amended motion. 9:54 p.m. Frank Sandy, pr.6, questioned the accumulation of funds should Town Meeting not approve expenditure. 9:55 p.m. Selectman Peter Enrich explained the funds would accumulate until so approved. Selectman Enrich explained a referendum vote would be required to change the percentage taxed. 9:56 p.m. Marjorie Daggett, pr.5, spoke in support. 9:58 p.m. Florence Baturin, pr.6, spoke in support. Adjourned Session of 2002 Annual Town Meeting May 6, 2002 9:59 p.m. Albert Zabin, pr. 1, spoke in opposition. 10:01 P.M. Elaine Dratch, pr. 5, questioned the timing for placing the vote on the ballot. Selectman Enrich explained vote procedures and effective dates. 10:03 p.m. Steve Colman, pr.7, spoke in support. 10:04 p.m. Patrick Mehr, pr.3, spoke in support. 10:05 p.m. Paul Lapointe, pr.2, spoke in opposition. 10:06 p.m. Following a voice vote on the Substitute Motion the Moderator declared a standing vote, tallied as follows: Precinct YES NO 1 0 14 2 3 10 3 5 10 4 7 12 5 9 4 6 5 11 7 7 9 8 7 8 9 8 8 At Large 3 12 TOTAL 54 98 With 54 voting in the affirmative and 98 in the negative, the Moderator declared the Substitute Motion Not Adopted. 10:10 P.M. Ephraim Weiss, pr. 5, questioned procedures for Town Meeting to vote on projects once the Community Preservation Act is adopted. Selectman Peter Enrich explained. 10:11 P.M. Neal Boyle, pr.7, spoke in favor of Indefinite Postponement and against the Community Preservation Act. 10:13 p.m. Marjorie Daggett, pr.5, questioned Board of Selectmen and Community Preservation Act committee plans for the coming year. Selectman Enrich explained the Feasibility Committee is dissolved and no priorities have been identified at this time. 10:14 p.m. Patrick Mehr, pr.3, questioned what happens next if the motion for Indefinite Postponement is defeated. 10:14 p.m. Following a voice vote on Indefinite Postponement, the Moderator declared the Motion Adopted. 10:15 p.m. Selectman Peter Enrich moved to take up Article 30. Following a voice vote, the Moderator declared the Motion Adopted and Article 30 before the meeting. ARTICLE 30: COMMUNITY PRESERVATION ACT — AMEND BYLAWS 10:15 p.m. Presented by Selectman Peter Enrich. MOTION: That this article be Indefinitely Postponed. 10:15 p.m. Following a voice vote, the Moderator declared the Motion Adopted. 10:16 p.m. The Moderator reported articles to be taken up at the next meeting, including Articles 13, 14, 28, and 32. 10:16 p.m. Selectman Jeanne Krieger moved the meeting be adjourned until 8:00 p.m., Wednesday, May 8, 2002 at the Clarke Middle School. Following a voice vote, the Moderator declared the meeting adjourned. A true copy. Attest: Donna M. Hooper, Town Clerk 2002 ANNUAL TOWN MEETING May 8, 2002 The eighth session of the 2002 Annual Town Meeting was called to order by Moderator Margery M. Battin at 8:02 p.m., May 8, 2002, at the Clarke Middle School. A quorum of 141 was present. The Moderator appointed Precinct Clerks to serve as tellers and Alexander Nedzel for at- large and committee members. The Moderator recognized the services of Boston Soundworks and the RCN cable television crews for recording and filming this year's meetings. The Moderator explained the procedures for advance notifications on amendments and Article 4 line item amendments. 8:07 p.m. Selectman Jeanne Krieger called attention to the report of the Board of Trustees on Cary Library, and accompanying letter from the library's Foundation reporting the fundraising has achieved 84% of the goal. The Moderator reported a late afternoon notification from the sponsors of Article 13 and 14 of the request to Indefinitely Postpone both Articles; and then explained Articles 28 and 32 would be taken up this evening, with Article 32 to be Indefinitely Postponed. ARTICLE 2: REPORTS OF TOWN BOARDS, OFFICERS AND COMMITTEES 8:09 P.M. Joyce Miller, Conservation Commission, reported the increasing demands and activities of the Conservation Commission over the past year. The Moderator declared the meeting open on Article 13. ARTICLE 13: MUZZEY HIGH CONDOMINIUM REPAIRS 8:14 p.m. Presented by Hank Manz, pr.9. MOTION: That this Article be Indefinitely Postponed. Mr. Manz reported Indefinite Postponement was at the request of the Article sponsors. 8:14 p.m. Following a unanimous voice vote, the Moderator declared the Motion Adopted. ARTICLE 14: AMEND QUITCLAIM DEED — MUZZEY HIGH CONDOMINIUM 8:15 p.m. Presented by Hank Manz, pr.9. MOTION: That this Article be Indefinitely Postponed. Mr. Manz reported Indefinite Postponement was at the request of the Article sponsors. 8:15 p.m. Following a unanimous voice vote, the Moderator declared the Motion Adopted. 8:15 p.m. The Moderator clarified procedures for Town Meeting Members presenting articles at the request of sponsors, stating it was a courtesy to the constituent to move their article regardless of their own personal feelings. ARTICLE 28: RESOLUTION — USE OF APPROPRIATED FUNDS 8:16 P.M. Presented by Eric Michelson, pr. 1. MOTION: That the following resolution be adopted: "Resolved that the planned uses of all funds received from the Commonwealth of Massachusetts under Chapter 90 of the state laws shall continue to be included in Town Meeting motions. Further resolved that in case of any intent to spend any of Chapter 90 funds on items not in a Town Meeting motion or to reallocate any of Chapter 90 funds from what was stated in a Town Meeting Article motion, the Appropriation Committee and the Capital Expenditures Committee should be notified of such intent prior to implementing the change. Finally, resolved that the Board of Selectmen will report to the Town Meeting at its next regular annual meeting of any changes made in this regard." Adjourned Session of the 2002 Annual Town Meeting May 8, 2002 Mr. Michelson presented information on the intent of the resolution. 8:22 p.m. Selectman Jeanne Krieger reported the Board of Selectmen regards the article as a reasonable and fair request and unanimously supports adoption. 8:24 p.m. Charles Hornig, pr.7, reported the unanimous support of the Capital Expenditures Committee for this resolution. 8:25 p.m. Paul Hamburger, pr.5, reported unanimous support of the Appropriations Committee for this resolution. 8:25 p.m. Following a voice vote, the Moderator declared the Motion Adopted. ARTICLE 32: RETIREMENT BOARD — EARLY RETIREMENT INCENTIVE 8:25 p.m. Presented by Robert Cunha, pr.2. MOTION: That this Article be Indefinitely Postponed. Mr. Cunha reported the pending state legislation had yet to be acted upon. 8:26 p.m. Following a unanimous voice vote, the Moderator declared the Motion Adopted. 8:26 p.m. Selectman Jeanne Krieger moved the meeting be adjourned until 8:00 p.m., Wednesday, May 22, 2002 at the Clarke Middle School. 8:26 p.m. Following a voice vote, the Moderator declared the meeting adjourned. A true copy. Attest: Donna M. Hooper, Town Clerk 132 2002 ANNUAL TOWN MEETING May 22, 2002 The ninth session of the 2002 Annual Town Meeting was called to order by Moderator Margery M. Battin at 8:08 p.m., May 22, 2002, at the Clarke Middle School. A quorum of 145 was present. The Moderator requested a moment of silence to honor the passing of Elizabeth Flynn, former town meeting member of precinct 3. The Moderator appointed precinct clerks to serve as tellers and Sheldon Spector as teller for At -Large members. The Moderator explained the anticipated action to be followed this session and that David Kaufman's amendment from May 1 St is the next piece of business. Selectman Jeanne Krieger explained the intentions of the Board of Selectmen for Article 4 and the restoration of cuts. 8:14 p.m. Superintendent Joanne Benton reviewed the requested school budget. 8:17 p.m. Paul Hamburger, Appropriation Committee, summarized the free cash position and anticipated FY2004 problems. 8:19 P.M. The Moderator declared Article 4 before the meeting, and the amendment of May 1, 2002 of David Kaufman. ARTICLE 4: OPERATING BUDGET Mr. Kaufman again moved the following amendment to restore funding to Lexpress: MOTION: Line Item 3600 Transportation Expenses $239,308 be increased read $279,308. 8:23 p.m. Selectman Jeanne Krieger reported the unanimous support of the Selectmen for this amendment, with $22,000 coming from the tour bus expenses and $18,000 from adjusting yard waste pickups contingent upon restoration of PAYT. 8:25 p.m. Paul Hamburger reported the unanimous support of the Appropriation Committee and sought clarification on contingency if PAYT is not restored. Town Manager Richard White explained the basis for computing the $18,000 available funding. 8:25 p.m. Frank Sandy, pr.6, expressed his concerns on the upcoming motions and the combinations should all or some be adopted. 8:26 p.m. Selectman Dawn McKenna reported the unanimous support of the Board of Selectmen for Mr. Kaufman's motion and for not taking any funds from free cash. 8:27 p.m. Selectman Jeanne Krieger reported the Board of Selectmen will propose amendments under specific line items of Article 4. 8:27 p.m. Following a voice vote on the Kaufman Amendment, the Moderator Declared the Motion Adopted. 8:28 p.m. Jed Snyder, pr.5, thanked the School Department and School Committee for their dedication and hard work, stated the schools need to tighten their belts, and moved: MOTION: That the amount requested for appropriation by the School Committee be reduced by $250,000. (Line item 1100.) 8:33 p.m. Scott Burson reported the unanimous opposition of the School Committee and addressed budget tightening measures taken. 8:37 p.m. Selectman Jeanne Krieger reported the unanimous opposition of the Board of Selectmen. 8:38 p.m. Paul Hamburger reported the Appropriation Committee's opposition. 8:38 p.m. John Rosenberg, pr.4, spoke on the quality of the faculty and spoke in opposition. Adjourned Session of the 2002 Annual Town Meeting — May 22, 2002 8:41 p.m. Neal Boyle, pr.7, spoke in support. 8:43 p.m. Ingrid Klimoff, pr.8, spoke in opposition. 8:44 p.m. Loren Wood, pr.3, spoke in support. 8:46 p.m. Albert Zabin, pr. 1, spoke in opposition, and of the priority of education. 8:48 p.m. Lisa Baci, pr.4, spoke in opposition. 8:49 p.m. Edith Sandy, pr.6, spoke in opposition. 8:50 p.m. Following a voice vote on the proposed Amendment, the Moderator Declared the Motion Not Adopted. ARTICLE 4 OPERATING BUDGET 1100 Lexington Public Schools 8:50 p.m. School Committee Chairman Scott Burson moved: MOTION: I move that Line Item 1100 Lexington Public Schools be amended by changing the figure $61,501,836 to $61,564,696 and by adding (Provided, however, that $62,860 of the appropriation is contingent upon the reinstitution of the Pay As You Throw Program.) 8:52 p.m. Selectman Jeanne Krieger reported the unanimous support of the Selectmen. 8:52 p.m. Paul Hamburger reported the unanimous support of the Appropriation Committee. 8:53 p.m. Jed Snyder, pr.5, spoke in opposition. 8:54 p.m. Following a voice vote, the Moderator Declared the Motion Adopted. 3000 DPW General Expenses 8:56 p.m. Selectman Jeanne Krieger moved: MOTION: I move that Line Item 3000 DPW General Expenses be amended by changing the figure $4,090,448 to $3,888,088 and by adding (Provided, however, that $33,000 of the appropriation is contingent upon the reinstitution of the Pay As You Throw Program.) (Provided that the total appropriation shall be increased by $217,360 if the Pay As You Throw Program is not reinstituted.) Selectman Krieger reported the unanimous support of the Board of Selectmen. Paul Hamburger reported the unanimous support of the Appropriation Committee. 8:58 p.m. Following a voice vote, the Moderator Declared the Motion Adopted. 8:58 p.m. Charles Lamb, pr.4, moved the following Resolution: MOTION: That Line Item 3000 DPW General Expenses be amended by adding the following: (Resolved that a Pay As You Throw Program will be implemented for refuse disposal services if Section 90 -9 of the General Bylaws is amended in accordance with the vote under Article 3 of the warrant for the Special Town Meeting of May 15, 2002.) Mr. Lamb explained the intent of the Resolution is to implement PAYT, which is empowered by not required by law. 9:00 P.M. Selectman Jeanne Krieger reported the Selectmen's unanimous support. 9:01 P.M. Paul Hamburger reported the Appropriation Committee unanimous support. 9:01 P.M. John Rossi, pr. 1, spoke in opposition. 9:03 p.m. Richard Michelson, pr.8, spoke in opposition. 9:04 p.m. Selectman Dawn McKenna reported the Selectmen's vote of 4 -1 in favor. 9:04 p.m. Peter Kelley, pr.4, spoke in opposition and of the need to wait for results of the June 24 Referendum. 9:08 p.m. Paul Hamburger, pr.5, questioned if the Selectmen would abide by the wishes of the majority and implement the PAYT. A poll of the Selectmen showed 2 in favor of reinstating and 3 not willing to speculate. 9:10 P.M. Andrew Friedlich, pr.5, questioned the Board of Selectmen on further implementation of the PAYT and support of Town Meeting vote. 9:11 P.M. Ephraim Weiss, pr.5, stated the role of Town Meeting and the Board of Selectmen, and spoke in support of the resolution. 133 9:12 p.m. Edith Sandy, pr.6, stated responsibility of Town Meeting as she saw it. 9:14 p.m. Robert Rotberg, pr.3, questioned carrying forward. 9:14 p.m. Eric Michelson, pr. 1, spoke against. 134 Adjourned Session of the 2002 Annual Town Meeting — May 22, 2002 9:16 p.m. Ingrid Klimoff, pr.8, moved the question. The Moderator polled the meeting on shall the question now be put, Declared the Motion Adopted, and question now before the meeting. 9:17 p.m. Following a voice vote on Mr. Lamb's motion, the Moderator Declared the Motion Adopted. 9:17 p.. Nyles Barnert, pr.4, moved: MOTION: Amend line item 3000 by adding: Resolved, A change in the policy of providing 30 tags annually shall be presented to Town Meeting for approval. 9:19 P.M. 9:20 p.m. 9:21 p.m. 9:23 p.m. 9:27 p.m. follows: Selectman Jeanne Krieger reported alternatives to the 30 tag policy are under consideration. Paul Hamburger reported the unanimous support of the Appropriation Committee. Selectman Dawn McKenna clarified the Selectmen's majority position and alternatives considered. Ephraim Weiss, pr.5, spoke in opposition and of the inappropriateness of Town Meeting to micromanage. Following a voice vote, the Moderator called for a standing vote, tallied as Pct YES NO _ 1 9 8 2 2 6 3 5 8 4 9 5 5 4 7 6 9 6 7 4 10 8 6 8 9 6 9 At Large 10 4 TOTAL 64 71 9:27 p.m. With 64 voting in the affirmative and 71 in the negative, the Moderator Declared the Motion Not Adopted. 4100 Law Enforcement Personal Services 9:28 p.m. Selectman Jeanne Krieger moved: MOTION: I move that Line Item 4100 Law Enforcement Personal Services be amended by changing the figure $3,845,790 to $3,864,790 and by adding (Provided, however, that $19,000 of the appropriation is contingent upon the reinstitution of the Pay As You Throw Program.) Selectman Krieger reported the unanimous support of the Board of Selectmen. Paul Hamburger reported the unanimous support of the Appropriation Committee. 9:28 p.m. Richard Michelson, pr.8, addressed the police presence in the center. 9:29 p.m. Following a voice vote, the Moderator Declared the Motion Adopted. 4200 Fire Department Personal Services 9:29 p.m. Selectman Jeanne Krieger moved: MOTION: I move that Line Item 4200 Fire Department Personal Services be amended by changing the figure $3,355,744 to $3,381,744 and by adding (Provided, however, that $26,000 of the appropriation is contingent upon the reinstitution of the Pay As You Throw Program.) Selectman Krieger reported the unanimous support of the Selectmen and how this funding would expedite Fire Department hiring of supervisory personnel. 9:30 p.m. Paul Hamburger reported the unanimous support of the Appropriation Committee. 9:31 p.m. Following a voice vote, the Moderator Declared the Motion Adopted. Adjourned Session of the 2002 Annual Town Meeting — May 22, 2002 4200 Fire Department Expenses 9:31 p.m. Selectman Jeanne Krieger moved: MOTION: I move that Line Item 4200 Fire Department Expenses be amended by changing the figure $481,226 to $484,726 and by adding (Provided, however, that $3,500 of the appropriation is continent upon the reinstitution of the Pay As You Throw Program.) Selectman Krieger reported unanimous support of the Selectmen. Paul Hamburger reported unanimous support of the Appropriation Committee. 9:31 p.m. Following a voice vote, the Moderator declared the Motion Adopted. 7200 Planning Expenses 9:32 p.m. Selectman Jeanne Krieger moved: MOTION: I move that Line Item 7200 Planning Expenses be amended by changing the figure $38,450 to $58,450 and by adding (Provided, however, that $20,000 of the appropriation is contingent upon the reinstitution of the Pay As You Throw Program.) 9:32 p.m. ' Selectman Krieger reported the support of a majority of the Selectmen 9:32 p.m. Paul Hamburger reported the unanimous support of the Appropriation Committee. 9:32 p.m. Following a voice vote, the Moderator declared the Motion Adopted. 7300 Economic Development Expenses 9:33 p.m. Selectmen Jeanne Krieger moved: MOTION: I move that under Line Item 7300 Economic Development Expenses the wording in parenthesis be amended by changing the figures $67,605 to $97,605. Selectman McKenna addressed issues and concerns regarding the funding risk and guaranteed sales for the Liberty Ride. 9:36 p.m. Paul Hamburger reported the Appropriation Committee was in favor but questioned additional funding. Selectman McKenna reported the unanimous support of the Selectmen. 9:38 p.m. Ephraim Weiss, pr.5, questioned the motion before the meeting and action requested. Selectman Enrich explained the vote by Town Meeting was to support the Liberty Ride program even if it is revenue neutral. 9:40 p.m. Ephraim Weiss, pr.5, questioned if funding is not received. Selectman Enrich explained monies cannot be expended if funding is not received and the program may be discontinued on short notice. 9:41 p.m. Following a voice vote, the Moderator Declared the Motion Adopted. 135 9:41 p.m. Following a voice vote on ARTICLE 4, as AMENDED, the Moderator Declared the Motion Adopted. 136 Adjourned Session of the 2002 Annual Town Meeting — May 22, 2002 -------------------------------------------------------- ARTICLE 4 OPERATING BUDGET (as amended) Article 4 OPERATING BUDGET 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: Debt Service 2210 . 2,185,000 Education o r Interest on Funded Debt 1100 Lexington Public Schools $61,564,696 Temporary Borrowing .H 2240 Exempt Debt (Provided, however, that $62,860 of the appropriation is contingent upon the U Q) 2310 Reserve Fund reinstitution of the Pay As You Throw Program) w Municipal Salary Adjustments 327,668 (And further that the School Department is authorized to enter into equipment (a) collective bargaining agreements and (b) as they bear on the Town lease /purchase agreements from time to time provided that each such agreement is subject ro 3 O among personal services accounts as authorized by the Board of to annual appropriations.) w 1200 Minuteman Regional School 843,688 T O 3 L" T _ O Employee Benefits 2110 Contributory Retirement 2,721,766 U r � (Of which $65,762 is to be transferred from the Water Enterprise Fund and Q r, rA $16,441 is to be transferred from the Sewer Enterprise Fund.) 2120 Non - Contributory Retirement 123,000 Q) a 2130 -2150 Insurance 4,884,033 N o tp (Of which $109,872 is to be transferred from the Water Enterprise Fund, $24,434 is to be transferred from the Sewer Enterprise Fund and $22,680 a � a) is to be transferred from the Recreation Enterprise Fund.) Q) T T (and further that amounts appropriated in this article for employee health and life U) 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 2,185,000 (Of which $19,200 is to be transferred from receipts reserved for appropriation.) 2220 Interest on Funded Debt 292,933 2230 Temporary Borrowing 347,875 2240 Exempt Debt 1,339,535 Operating Articles 2310 Reserve Fund 150,000 2320 Municipal Salary Adjustments 327,668 (Such sum of $327,668 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 $1,743 is to be transferred from the Water Enterprise Fund and $1,744 is to be transferred from the Sewer Enterprise Fund.) Organizational Expenses 2410 Municipal Services & Expenses Personal Services 41,975 2410 Municipal Services & Expenses 97,400 Communitv Services 3000 DPW Personal Services 3,174,054 (Of which $254,541 is to be transferred from the Water Enterprise Fund, $219,061 is to be transferred from the Sewer Enterprise Fund, $100,000 is to be transferred from the Cemetery Trust Funds and $75,000 is to be transferred from the Recreation Enterprise Fund.) Adjourned Session of the 2002 Annual Town Meeting — May 22, 2002 137 3000 DPW General Expenses 3,888,088 (Provided, however, that $33,000 of the appropriation is contingent upon the reinstitution of the Pay As You Throw Program and provided further that the total appropriation shall be increased by $217,360 if the Pay As You Throw Program is not reinstituted.) (Of which $216,067 is to be transferred from the Water Enterprise Fund, and $127,082 is to be transferred from the Sewer Enterprise Fund; and provided further that the Towri a, K ( Manager may enter into an agreement or agreements with one or more governmental units m M to perform jointly with such units any service, activity or undertaking authorized by law.) W (And further that the Town Manager is authorized to enter into communications P W N equipment agreements, equipment lease /purchase agreements from time to time ° c r ,, provided that each such agreement is subject to annual appropriations.) rt ° (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 FY2001 in the amount of $18,359.50 0 QQ P may be closed to the General Fund.) (And in addition State/Federal Grants, site generated revenue and/or refuse n o � stabilization funds as permitted under existing agreements may be used to meet It ° Division of Environmental Protection guidelines at the Hartwell Avenue landfill It y 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, m 0 or save money to the benefit of the Town.) o (Resolved that a Pay As You Throw Program will be implemented for refuse I-a �5 disposal services if Section 90 -9 of the General Bylaws is amended in accordance with the vote under Article 3 of the warrant for the Special Town Meeting of May 15, 2002.) 3600 Transportation Personal Services 64,261 3600 Transportation Expenses 279,308 (Of which $79,193 is to be transferred from the Parking Meter Fund.) 3700 Water Department 4,911,735 (And that to raise such amount $4,911,735 be transferred from the Water Enterprise Fund.) 3800 Sewer Department 7,941,089 (And that to raise such amount $7,941,089 be transferred from the Sewer Enterprise Fund.) Public Safety 4100 Law Enforcement Personal Services 3,864,790 (Provided, however, that $19,000 of the appropriation is contingent upon the reinstitution of the Pay As You Throw Program.) (Of which $93,025 is to be transferred from the Parking Meter Fund.) 4100 Law Enforcement Expenses (Of which $16,000 is to be transferred from the Parking Meter Fund.) 4200 Fire Department Personal Services (Provided, however, that $26,000 of the appropriation is contingent upon the reinstitution of the Pay As You Throw Program.) 4200 Fire Department Expenses (Provided, however, that $3,500 of the appropriation is contingent upon the reinstitution of the Pay As You Throw Program.) Culture and Recreation 5100 Library Personal Services 5100 Library Expenses 5200 Recreation Department (And to raise such amount $1,244,608 be transferred from the Recreation Enterprise Fund.) Social Services 6000 Social Services Personal Services 6000 Social Services Expenses 410,572 3,381,744 484,726 1,491,257 266,394 1,244,608 173,185 290,857 138 Adjourned Session of the 2002 Annual Town Meeting - May 22, 2002 Community Development 7100 Community Development Personal Services 585,789 7100 Community Development Expenses 58,360 7200 Planning Personal Services 175,134 7200 Planning Expenses 58,450 (Provided, however, that $20,000 of the appropriation is contingent upon the reinstitution of the Pay As You Throw Program.) 7300 Economic Development Personal Services 90,616 (And that $33,020 of personal services for the operation of the Tourist Trolley be funded by the receipt of $33,020 in anticipated revenues.) 7300 Economic Development Expenses 118,385 (And that $97,605 of expenses for the operation of a Tourist Trolley be funded by the receipt of $97,605 in anticipated revenues.) Management Information Svstems 8600 MIS Personal Services 152,390 (Of which $44,020 is to be transferred from the Water Enterprise Fund and $11,006 is to be transferred from the Sewer Enterprise Fund.) 8600 MIS Expenses 205,220 9:42 p.m. Fred Martin, pr.7, questioned what happens to the budget if PAYT is not implemented. Selectman Jeanne Krieger explained the contingent programs would not be reinstituted and any revenue accumulated would be deposited into free cash. The Town is in no position to formally estimate revenue without a formal PAYT. 9:45 p.m. Sam Berman, pr.3, questioned contingent funding votes. Selectman Krieger explained programs would only be restored if PAYT is instituted. 9:46 p.m. Frank Sandy, pr.6, questioned PAYT brokerage estimates. Town Manager General Government 8110 Board of Selectmen Administration Personal Services 64,404 (Of which $3,324 is to be transferred from the Water Enterprise Fund and $831 is to be transferred from the Sewer Enterprise Fund.) 8110 Board of Selectmen Administration Expenses 74,090 8120 Legal Fees & Expenses 225,000 8130 Town Report 6,000 8200 Town Manager Personal Services 318,246 (Of which $46,848 is to be transferred from the Water Enterprise Fund and $11,712 is to be transferred from the Sewer Enterprise Fund.) 8200 Town Manager Expenses 14,667 � rn ° Town Committees U Q) 8310 Appropriation Committee Expenses 1,000 w 8320 Miscellaneous Boards & Committees Expenses 8,755 0 8330 Public Celebrations 25,000 �E-1 0 3 Finance 4 P ° � 8400 Finance Personal Services 826,330 . ° � (Of which $245,464 is to be transferred from the Water Enterprise Fund rd � and $61,365 is to be transferred from the Sewer Enterprise Fund.) U H U , 8400 Finance Expenses 219,900 U) (And in addition that $7,500 of expenses generated from enrollment in the � a Flexible Spending Plan be funded by the receipt of $7,500 in anticipated o " o revenues.) CN (And further that the Treasurer and Collector is hereby authorized to enter into compensating balance agreements during fiscal years 2002, 2003 and Q) a 0 2004, as permitted by General Laws Chapter 44, Section 53F.) Q) �'0 Town Clerk 8500 Town Clerk Personal Services 220,784 8500 Town Clerk Expenses 65,395 Management Information Svstems 8600 MIS Personal Services 152,390 (Of which $44,020 is to be transferred from the Water Enterprise Fund and $11,006 is to be transferred from the Sewer Enterprise Fund.) 8600 MIS Expenses 205,220 9:42 p.m. Fred Martin, pr.7, questioned what happens to the budget if PAYT is not implemented. Selectman Jeanne Krieger explained the contingent programs would not be reinstituted and any revenue accumulated would be deposited into free cash. The Town is in no position to formally estimate revenue without a formal PAYT. 9:45 p.m. Sam Berman, pr.3, questioned contingent funding votes. Selectman Krieger explained programs would only be restored if PAYT is instituted. 9:46 p.m. Frank Sandy, pr.6, questioned PAYT brokerage estimates. Town Manager Adjourned Session of the 2002 Annual Town Meeting — May 22, 2002 Richard White explained revenue estimates are hoped to cover costs. 9:47 p.m. Thomas Zimmer, pr.6, questioned the reduction in yard waste collections and trash tonnage. Town Manager Richard White addressed rubbish collections and expansion of yard waste collections. 9:49 p.m. Joyce Miller, pr.7, questioned composting of yard waste materials collected. Town Manager Richard White explained the process. 9:50 p.m. Thomas Zimmer, pr.6, questioned impact of reduced collections on yard waste composting. Mr. White then addressed additional yard waste pickup frequencies are dependent upon restoration of PAYT. It is illegal to deposit yard wastes in trash. 9:53 p.m. Following a voice vote on Article 4 as Amended, the Moderator Declared the Motion Adopted. 9:53 p.m. Paul Hamburger Served Notice of Reconsideration on Article 4. The Moderator declared a 10 minute recess to discuss Article 8G. 10:06 p.m. - The Moderator called the Meeting to Order and declared Article 8G before the Meeting. ARTICLE 8 CAPITAL PROJECTS AND EQUIPMENT (g) Sidewalk Improvements 10:07 p.m. Selectman Jeanne Krieger moved: MOTION: That Article 8 (g) Sidewalk Improvements be amended by changing the figure $0 to $50,000 and by adding the following: and that $50,000 be raised in the tax levy; (Provided, however, that $50,000 of the appropriation is contingent upon the reinstitution of the Pay As You Throw Program.) 10:07 p.m. Selectman Krieger reported the support of the Board of Selectmen. 10:08 P.M. Charles Horning reported the unanimous support of the Capital Expenditures Committee and explained justification for the $50,000 amount with contingency upon the trash fee. 10:09 P.M. Paul Hamburger reported the unanimous support of the Appropriation Committee. 139 10:09 P.M. Following a voice vote, the Moderator Declared the Motion Adopted. 140 Adjourned Session of the 2002 Annual Town Meeting — May 22, 2002 ARTICLE 8 CAPITAL PROJECTS AND EQUIPMENT (as amended) MOTION: That the following amounts be appropriated for the following capital improvements and that each amount be raised as indicated: ARTICLE 33 USE OF FUNDS TO REDUCE TAX RATE 10:10 P.M. Presented by Selectman Jeanne Krieger: MOTION: That the sum of $3,200,000 be appropriated to reduce the tax levy for the fiscal year beginning July 1, 2002, and that such amount be transferred from the Unreserved Fund Balance. Selectman Krieger addressed cash reserve balance, the AAA rating of the town, and reported the unanimous support of the Selectmen. 10:13 p.m. Paul Hamburger reported the unanimous support of the Appropriation Committee. 10:13 p.m. Following a voice vote, the Moderator declared the Motion Adopted Unanimously. 10:13 p.m. Following a voice vote on ARTICLE 8, ass AMENDED, the Moderator Declared the Motion Adopted Unanimously. 10:14 p.m. Selectman Jeanne Krieger moved the 2002 Annual Town Meeting be Dissolved. 10:14 p.m. Following a voice vote, the Moderator declared the 2002 Annual Town Meeting Dissolved. A true copy. Attest: . BftlZ M Donna M. Hooper, TownXlerk (a) Public Works Equipment - $327,500 and that $214,500 be raised in the tax levy and $53,000 be transferred from the Water Enterprise Fund and $60,000 be transferred from the Sewer Enterprise Fund; r (b) Pine Meadows Improvements - $300,000 and that $300,000 be o P transferred from the Recreation Enterprise Fund; w (c) Traffic Improvements - $180,000 and that $180,000 be raised in the tax levy; �0 (d) Street Related Improvements - $1,100,000 and that $650,000 be raised in � 0 the tax levy; and in addition the Selectmen are authorized to accept 3 a o funds from all sources including the $450,000 allocated under a o h ighway N Chapter 90 of the General Laws, and the Treasurer with the approval of � > o the Selectmen is authorized to issue Highway Reimbursement Notes under G.L.c.44 §6 as amended; (e) Playground and Recreation Facilities Improvement - $30,000 and that $30,000 be raised in the Tax Levy; ° 0) w (f) Storm Sewer Improvements - $100,000 and that $100,000 be transferred N ° from the Sewer Enterprise Fund; (g) Sidewalk Improvements — $50,000 and that $50,000 be raised in the � �, tax levy; (Provided, however, that $50,000 of the appropriation is Q) �4 7� contingent upon the reinstitution of the Pay as You Throw Program.) (h) Town Building Envelope Remodeling Program - $685,000 and that the Treasurer with the approval of the Board of Selectmen is authorized to borrow $685,000 under G.L.c.44, §7(3A) or any other enabling authority. ARTICLE 33 USE OF FUNDS TO REDUCE TAX RATE 10:10 P.M. Presented by Selectman Jeanne Krieger: MOTION: That the sum of $3,200,000 be appropriated to reduce the tax levy for the fiscal year beginning July 1, 2002, and that such amount be transferred from the Unreserved Fund Balance. Selectman Krieger addressed cash reserve balance, the AAA rating of the town, and reported the unanimous support of the Selectmen. 10:13 p.m. Paul Hamburger reported the unanimous support of the Appropriation Committee. 10:13 p.m. Following a voice vote, the Moderator declared the Motion Adopted Unanimously. 10:13 p.m. Following a voice vote on ARTICLE 8, ass AMENDED, the Moderator Declared the Motion Adopted Unanimously. 10:14 p.m. Selectman Jeanne Krieger moved the 2002 Annual Town Meeting be Dissolved. 10:14 p.m. Following a voice vote, the Moderator declared the 2002 Annual Town Meeting Dissolved. A true copy. Attest: . BftlZ M Donna M. Hooper, TownXlerk