HomeMy WebLinkAbout2003-03-24 to 2003-04-30 ATM-min 2003 ANNUAL TOWN MEETING
March 24, 2003
(See Warrant File for Warrant)
The first session of the 2003 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 181 members was present.
The Lexington Minutemen, accompanied by the Fife and Drum corps of Diamond
Middle School, posted the colors.
The invocation was offered by Reverend Judith Brain, Pilgrim Congregational Church.
The Moderator honored deceased Town Meeting members Sheila Clemon-Karp, Lloyd
Taylor, James Nicoloro and Francis H. McCarron for their dedicated service to the Town
of Lexington.
Fire Chief Peter Torode reviewed procedures for emergency exit from the auditorium.
Town Clerk Donna M. Hooper read the Warrant for the Meeting until waived. The Town
Clerk read the Constable's Return of the Warrant.
The Moderator reviewed procedural matters and explained anticipated Article order and
reports to be made to the meeting.
The Moderator declared the meeting open under Article 2 and would be so during the
duration of the meeting.
ARTICLE 2: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES
8:27 p.m. Arthur Katz, Committee on Cary Lecture moved:
MOTION: That the report of the Committee on Cary Lectures be accepted and
placed on file and the Committee discharged. MOTION UNANIMOUSLY ADOPTED.
8:30 p.m. Board of Selectmen Chairman Leo McSweeney moved:
MOTION: That the report of the Town Manager be accepted and placed on
file.
Town Manager Richard J. White presented the Report of the Town Manager. MOTION
UNANIMOUSLY.
8:48 p.m. Deborah Brown, Chairman, Appropriation Committee, moved:
MOTION: That the report of the Appropriation Committee be accepted and
placed on file.
Following Ms. Brown's presentation of the report, committee member Alan Levine
commented further. MOTION UNANIMOUSLY ADOPTED.
ARTICLE 3: APPOINTMENTS TO CARY LECTURE SERIES
9:09 p.m. Arthur Katz, Cary Lecture Series, moved:
MOTION: That a committee of three be appointed by the Moderator to have
the charge of the lectures under the wills of Eliza Cary Farnham and
Suzanna E. Cary for the current year. MOTION UNANIMOUSLY
ADOPTED.
2003 Annual Town Meeting—March 24, 2003 cont...
ARTICLE 4: OPERATING BUDGET
9:11 p.m. Board of Selectman Chairman Leo McSweeney, moved:
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:
Moderator Margery Battin read individual line items, as follows:
Education
1100 Lexington Public Schools $65,379,454
(Provided, however, that $2,592,000 of the appropriation is contingent
upon the approval of an override question appearing on the ballot for the
Spring 2003 special election.)
(And further that the School Department is authorized to enter into
equipment lease/purchase agreements from time to time provided that
each such agreement is subject to annual appropriations.)
9:12 p.m. School Committee Chairman Scott Burson requested the
Moderator recognize Superintendent Joanne Benton for an overview of the FY04
school department budget. Mrs. Benton reviewed requested funding.
(line item to be discussed as last item in Article 4)
1200 Minuteman Regional School 840,431
Minuteman Regional School District Assessment based on a Minuteman Regional
School District budget of$15,443,465 as reduced by estimated fiscal 2004 state
aid
relating to such budget.
Employee Benefits
2110 Contributory Retirement 2,994,000
(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 4,406,510
(Of which $91,388 is to be transferred from the Water Enterprise Fund,
$52,888 is to be transferred from the Sewer Enterprise Fund and $22,000
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.)
(Provided, however, that the total appropriation shall be increased by$431,224
for unemployment compensation insurance should the override fail.)
Debt Service
2210 Payment on Funded Debt 3,253,000
(Of which $15,000 is to be transferred from receipts reserved for appropriation.)
2220 Interest on Funded Debt 547,957
2230 Temporary Borrowing 275,000
2240 Exempt Debt 4,289,338
(Of which $100,000 is to be transferred from the Recreation Enterprise Fund.)
Operating Articles
2310 Reserve Fund 150,000
2320 Municipal Salary Adjustments 185,810
(Such sum of$185,810 is appropriated to fund cost items 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 $2,029 is to be transferred from the Water Enterprise Fund and
$1,791 is to be transferred from the Sewer Enterprise Fund.)
Organizational Expenses
2410 Municipal Services & Expenses Personal Services 43,576
2410 Municipal Services & Expenses 97,400
2003 Annual Town Meeting—March 24, 2003 cont...
Community Services
3000 DPW Personal Services 3,059,588
(Of which $262,613 is to be transferred from the Water Enterprise Fund,
$262,613 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.)
(Provided, however, that $178,541 of the appropriation is contingent upon
the approval of an override question appearing on the ballot for the Spring
2003 special election.)
9:34 p.m. Appropriation Committee Chairman Deborah Brown moved:
AMENDED MOTION: Line Item 3000 DPW Personal Services be amended
by changing the figure $3,059,588 to $3,052,188.
Ms. Brown explained a majority of the Appropriation Committee opposes the $7,400
restoration by the Board of Selectmen for weekend landfill operations; the amendment
seeks to remove such funding.
Selectman Leo McSweeney reported on a vote of 4-1, the Board of Selectmen opposes
the amendment.
Results of the standing vote on Ms. Brown's amended motion -line item 3000 Personal
Services:
Precinct Yes No
1 7 9
2 5 10
3 11 6
4 16 2
5 11 2
6 11 6
7 12 5
8 11 7
9 12 4
At Large 8 8
TOTAL 104 59
9:44 p.m. The Moderator declared with 104 voting in the affirmative and 59 in the negative,
the AMENDMENT ADOPTED.
3000 DPW General Expenses 4,153,397
(Of which $191,000 is to be transferred from the Water Enterprise Fund,
and $191,000 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.)
(Provided, however, that $204,000 of the appropriation is contingent upon
the approval of an override question appearing on the ballot for the Spring
2003 special election.)
(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 $85,000 of expenses for the sale of burial containers,
biodegradable bags and compost/recycling product be funded by the
receipt of$85,000 in anticipated revenues, and that the surplus from
FY2002 in the amount of$40,179.50 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.)
2003 Annual Town Meeting—March 24, 2003 cont...
9:46 p.m. Appropriation Committee Chairman Deborah Brown moved:
AMENDED MOTION: Line Item 3000 DPW General Expenses be amended by
changing the figure $4,153,397 to $4,116,637.
Ms. Brown explained a majority of the Appropriation Committee opposes the Board of
Selectmen's restoration of funds for weekly recycling; the amendment seeks to remove
such funding.
Selectman Dawn McKenna reported on a vote of 4-1, the Board of Selectmen opposes
the amendment.
9:50 p.m. — 10:12 pm. Discussion in favor and against the amendment ensued until a
motion by Mr. Berman, pr.3 was made to call for a vote, which the Moderator declared
adopted. The Moderator then declared the vote on Ms. Brown's amendment now before
the membership.
Results of the standing vote on Ms. Brown's amended motion -line item 3000 General
Expenses:
Precinct Yes No
1 1 13
2 5 8
3 9 7
4 8 9
5 5 10
6 10 9
7 12 5
8 10 9
9 11 8
At Large 9 7
TOTAL 80 85
10:18 p.m. The Moderator declared with 80 voting in the affirmative and 85 in the
negative, the AMENDMENT NOT ADOPTED.
10:19 p.m. Discussion continued on Article 4 as the Moderator proceeded with line items.
3600 Transportation Personal Services 67,745
(Provided, however, that $67,745 of the appropriation is contingent upon
the approval of an override question appearing on the ballot for the Spring
2003 special election.)
3600 Transportation Expenses 301,245
(Of which $79,193 is to be transferred from the Parking Meter Fund.)
(Provided, however, that $301,245 of the appropriation is contingent upon
the approval of an override question appearing on the ballot for the Spring
2003 special election.)
3700 Water Department 5,437,920
(And that to raise such amount $5,437,920 be transferred from the Water
Enterprise Fund.)
3800 Sewer Department 8,047,157
(And that to raise such amount $8,047,157 be transferred from the Sewer
Enterprise Fund.)
Public Safety
4100 Law Enforcement Personal Services 3,922,920
(Of which $87,025 is to be transferred from the Parking Meter Fund.)
(Provided, however, that $617,000 of the appropriation is contingent upon
the approval of an override question appearing on the ballot for the Spring
2003 special election.)
4100 Law Enforcement Expenses 415,140
(Of which $22,000 is to be transferred from the Parking Meter Fund.)
4200 Fire Department Personal Services 3,701,887
(Provided, however, that $542,467 of the appropriation is contingent upon
the approval of an override question appearing on the ballot for the Spring
2003 special election.)
2003 Annual Town Meeting—March 24, 2003 cont...
4200 Fire Department Expenses 415,673
(Provided, however, that $30,000 of the appropriation is contingent upon
the approval of an override question appearing on the ballot for the Spring
2003 special election.)
Culture and Recreation
5100 Library Personal Services 1,476,258
(Provided, however, that $272,077 of the appropriation is contingent upon
the approval of an override question appearing on the ballot for the Spring
2003 special election.)
5100 Library Expenses 281,588
(Provided, however, that $7,585 of the appropriation is contingent upon
the approval of an override question appearing on the ballot for the Spring
2003 special election.)
5200 Recreation Department 1,327,272
(And to raise such amount $1,327,272 be transferred from the Recreation
Enterprise Fund.)
Social Services
6000 Social Services Personal Services 175,943
(Provided, however, that $8,044 of the appropriation is contingent upon
the approval of an override question appearing on the ballot for the Spring
2003 special election.)
6000 Social Services Expenses 291,447
(Provided, however, that $88,926 of the appropriation is contingent upon
the approval of an override question appearing on the ballot for the Spring
2003 special election.)
10:38 p.m. Selectman Leo McSweeney moved the meeting be adjourned until 8:00
p.m., Wednesday, March 26, 2003 at the National Heritage Museum. MOTION
ADOPTED.
A true copy:
Donna M. Hooper, Town Clerk
Adjourned Session of the 2003 ANNUAL TOWN MEETING
March 26, 2003
The second session of the 2003 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 173 members was present.
The Moderator declared a recess for a presentation of the Lexington Public Schools for
the Michael Wagner Technology Award and the Diversity Awards.
ARTICLE 2: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES
Appropriation Committee Chairman Deborah Brown explained current financial situation
based upon article funding to date.
8:26 p.m.
ARTICLE 4: OPERATING BUDGET
The Moderator continued with Article 4 line items. Selectman Leo McSweeney moved:
MOTION: I move that Article 4, Line Item 3000 DPW General Expenses
and
Line Item 3600 Transportation Expenses be amended as follows:
3000 DPW General Expenses $4,153,397
Add the following to the end of 300 DPW General Expenses:
"(Of which $79,193 is to be transferred from the Parking Meter Fund.)"
3600 Transportation Expenses
Delete the following from 3600 Transportation Expenses: "(Of which $79,193
is to be transferred from the Parking Meter Fund.)"
Deborah Brown reported concurrence of the Appropriation Committee on Mr.
McSweeney's proposed amendment.
Town Manager Richard White explained the funding requested.
8:35 p.m. AMENDMENT by Mr. McSweeney ADOPTED. [dmh 6/30/03]
Discussion pursued regarding LexPress funding.
8:35 p.m. Fred Rosenberg, pr.9, moved the following:
MOTION: Article 4, line item 3000 DPW General Expenses be amended by
changing:
(Provided, however, that $204,000 of the appropriation is contingent upon the
approval of an override question
appearing on the ballot for the Spring 2003 special election.)
to: (Provided, however, that $240,760 of the appropriation is contingent upon the
approval of an override question appearing on the ballot for the Spring 2003
special election.)
Selectman Leo McSweeney reported on a vote of 4-1 the Board of Selectmen oppose the
amendment.
8:40 p.m. Deborah Brown reported the Appropriation Committee had questions and
MOVED TO SEPARATE line item 3000 DPW General Expenses to be voted on
separately.
MOTION UNANIMOUSLY ADOPTED and line item 3000 now separated out to be
voted upon at a later time.
Community Development
7100 Community Development Personal Services 636,184
(Provided, however, that $98,836 of the appropriation is contingent upon
the approval of an override question appearing on the ballot for the Spring
2003 special election.)
7100 Community Development Expenses 58,360
(Provided, however, that $20,000 of the appropriation is contingent upon
the approval of an override question appearing on the ballot for the Spring
2003 special election.)
2003 Annual Town Meeting,Adjourned Session ofMarch 26, 2003 cont...
7200 Planning Personal Services 183,588
(Provided, however, that $14,854 of the appropriation is contingent upon
the approval of an override question appearing on the ballot for the Spring
2003 special election.)
7200 Planning Expenses 8,450
7300 Economic Development Personal Services 58,240
(Provided, however, that $58,240 of the appropriation is contingent upon
the approval of an override question appearing on the ballot for the Spring
2003 special election.)
7300 Economic Development Expenses 5,350
(Provided, however, that $5,350 of the appropriation is contingent upon
the approval of an override question appearing on the ballot for the Spring
2003 special election.)
8:46 p.m. Richard Canale, pr. 9, spoke on the Liberty Ride and moved the following:
MOTION: I move that Article 4, line item 7300 Personal Services and Line item
7300 Expenses be amended to include funding for the Liberty Ride as follows:
7300 Economic Development Personal Services 77,720
(Provided, however, that $58,240 of the appropriation is contingent upon the
approval of an override question appearing on the ballot for the Spring 2003
special election.)
7300 Economic Development Expenses 62,051
(Of which $30,758 of the expenses for operating the Liberty Ride be funded
by the receipt of$30,758 in anticipated revenues)
(Provided, however, that $5,350 of the appropriation is contingent upon the
approval of an override question appearing on the ballot for the Spring 2003
special election.)
Selectman Leo McSweeney reported on a vote of 3-2 the support of the Board of
Selectmen for the Liberty Ride.
Selectman Jeanne Krieger applauded the Tourism Committee but expressed her concern
that the funding is at risk and given the current budget situation cannot support the
amendment.
Deborah Brown and Alan Levin reported the 6-3 vote of the Appropriation Committee in
opposition to the amendment.
Discussion in favor and in opposition to the amendment ensued.
9:14 p.m. Selectman Dawn McKenna moved debate be extended for 20 minutes.
Following a voice vote, the Moderator declared debate extended 20 minutes.
Additional discussion from members, Tourism Committee, and residents followed.
9:36 p.m. The Moderator called for a standing vote on the AMENDMENT, tallied as
follows:
Precinct Yes No
1 15 2
2 7 5
3 10 5
4 14 3
5 15 3
6 14 4
7 10 8
8 10 7
9 18 1
At Large 7 10
TOTAL 120 48
9:40 p.m. The Moderator declared with 120 voting in the affirmative and 48 in the negative,
the AMENDMENT ADOPTED.
2003 Annual Town Meeting,Adjourned Session ofMarch 26, 2003 cont...
General Government
8110 Board of Selectmen Administration Personal Services 60,813
(Of which $2,357 is to be transferred from the Water Enterprise Fund and
$2,357 is to be transferred from the Sewer Enterprise Fund.)
8110 Board of Selectmen Administration Expenses 69,150
8120 Legal Fees & Expenses 225,000
8130 Town Report 6,000
8200 Town Manager Personal Services 324,919
(Of which $34,559 is to be transferred from the Water Enterprise Fund
and $34,559 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 792,828
(Of which $159,356 is to be transferred from the Water Enterprise Fund
and $159,356 is to be transferred from the Sewer Enterprise Fund.)
(Provided, however, that $61,700 of the appropriation is contingent upon
the approval of an override question appearing on the ballot for the Spring
2003 special election.)
8400 Finance Expenses 259,900
(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 2004, 2005 and
2006, as permitted by General Laws Chapter 44, Section 53F.)
Town Clerk
8500 Town Clerk Personal Services 203,458
(Provided, however, that $28,128 of the appropriation is contingent upon
the approval of an override question appearing on the ballot for the Spring
2003 special election.)
8500 Town Clerk Expenses 52,475
Management Information Systems
8600 MIS Personal Services 153,280
(Of which $28,064 is to be transferred from the Water Enterprise Fund and
$28,064 is to be transferred from the Sewer Enterprise Fund.)
8600 MIS Expenses 175,220
(Provided, however, that $34,320 of the appropriation is contingent upon
the approval of an override question appearing on the ballot for the Spring
2003 special election.)
9:43 p.m. Deborah Brown moved the following amendment to Article 4, line
item 8600 MIS Expenses:
MOTION: I move that Line Item 8600 MIS Expenses be amended by
changing the figure $175,220 to $161,520.
Ms. Brown explained the Appropriation Committee, on a vote of 5-4, proposes
the amendment to reverse the restoration of$13,700 made by the Board of
Selectmen.
Selectman Leo McSweeney reported the Selectmen, on a vote of 3-2, opposes the
proposed amendment.
Selectman Jeanne Krieger reported a minority of the Selectmen support the
amendment and respect the collaborative budget process previously followed.
2003 Annual Town Meeting,Adjourned Session ofMarch 26, 2003 cont...
Peter Enrich, pr.4, questioned the Selectmen, Appropriation Committee, Capital
Expenditures Committee and School Committee on commitment to the
collaborative budget process outlined for FY2004.
Discussion in favor and in opposition to the amendment and the collaborative
budget process transpired.
10:01 p.m. The Moderator called for a standing vote on the AMENDMENT, tallied as
follows:
Precinct Yes No
1 5 11
2 5 9
3 7 8
4 6 12
5 3 14
6 9 10
7 14 4
8 8 7
9 13 7
At Large 11 5
TOTAL 81 87
10:02 p.m. With 81 having voted in the affirmative and 87 in the negative, the
Moderator declared the AMENDMENT NOT ADOPTED.
10:06 p.m. David Kaufman, pr.6, questioned making line item 8600 MIS Expenses
subject to the override vote. Appropriation Committee Chairman Deborah Brown
explained the Committee would prefer to separate out the line item and vote it separately.
10:07 p.m. David Kaufman, pr.6, moved:
MOTION: Article 4, line item 8600 MIS Expenses be separated out
and voted separately.
Following a voice vote, the Moderator declared the Motion Adopted and line item 8600
MIS Expenses to be voted separately.
10:08 p.m. Marjorie Daggett, Lexington representative to the Minuteman Regional
School Committee, explained requested funding for the Minuteman Regional School
budget.
(line item discussed as last item in Article 4)
1200 Minuteman Regional School 840,431
Minuteman Regional School District Assessment based on a Minuteman Regional
School District budget of$15,443,465 as reduced by estimated fiscal 2004 state aid
relating to such budget.
10:21 p.m. Eric Michelson provided some clarification on the Minuteman budget
assessment and reported unanimous support of the Appropriation Committee for
Minuteman line item.
Discussion ensued regarding state aid, requested budget, and school operations.
10:47 p.m. David Kanter, pr.7, questioned striking some language in the motion and
announced his intent to amend the line item.
10:49 p.m. Ephraim Weiss, pr.5, moved the meeting be adjourned until March 31,
2003 at 8:00 p.m., National Heritage Museum.
10:49 p.m. MOTION ADOPTED.
A true copy:
Donna M. Hooper, Town Clerk
Adjourned Session of the 2003 ANNUAL TOWN MEETING
March 31, 2003
The third session of the 2003 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 176 members was present.
The Moderator explained the intent to postpone further action on Article 4, Indefinitely
Postpone Articles 5,6,7, and then begin action on Articles 8,9,10,11 this evening.
ARTICLE 2: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES
8:08 p.m. Marshall Derby, Chairman, Lexington Housing Assistance Board (LexHab)
moved the Report of LexHab be accepted and placed on file. Mr. Derby reported on the
Board's activities this past year. MOTION UNANIMOUSLY ADOPTED.
8:16 p.m. Shirley Stolz, Chairman, Capital Expenditures Committee, moved the Report
of the Capital Expenditures Committee be accepted and placed on file. Ms. Stolz and
Committee member Charles Hornig presented the Capital Budget Report. MOTION
UNANIMOUSLY ADOPTED.
8:40 p.m. Deborah Brown, Chairman, Appropriation Committee, moved the
Supplemental Report of the Appropriation Committee dated March 31, 2003 be accepted
and placed on file. MOTION UNANIMOUSLY ADOPTED.
ARTICLE 4: OPERATING BUDGET
8:41 p.m. Deborah Brown, Chairman, Appropriation Committee, moved further debate
on Article 4 be postponed until Monday, April 14, 2003. MOTION ADOPTED.
ARTICLE 5: SUPPLEMENTARY APPROPRIATIONS FOR CURRENT FISCAL
YEAR(FY2002)
8:41 p.m. Board of Selectmen Chairman Leo McSweeney moved:
MOTION: That this article be indefinitely postponed. MOTION
UNANIMOUSLY ADOPTED.
ARTICLE 6: PRIOR YEARS' UNPAID BILLS
8:42 p.m. Board of Selectmen Chairman Leo McSweeney moved:
MOTION: That this article be indefinitely postponed. MOTION
UNANIMOUSLY ADOPTED.
ARTICLE 7: SUPPLEMENTARY APPROPRIATIONS FOR AUTHORIZED
CAPITAL IMPROVEMENT PROJECTS
8:42 p.m. Board of Selectman Chairman Leo McSweeney moved:
MOTION: That this article be indefinitely postponed. MOTION
UNANIMOUSLY ADOPTED.
ARTICLE 8: CAPITAL PROJECTS AND EQUIPMENT
8:42 p.m. Selectman William Kennedy moved:
MOTION:
That the following amounts be appropriated for the following capital
improvements and that each amount be raised as indicated:
(a) Public Works Equipment - $135,000 and that $35,000 be transferred
from the Water Enterprise Fund and that the Treasurer with the
approval of the Board of Selectmen is authorized to borrow $100,000
under G.L.c.44 §7(9) and any other enabling authority;
(b) Pine Meadows Equipment - $50,000 and that $50,000 be transferred
from the Recreation Enterprise Fund;
(c) Traffic Improvements -0-;
(d) Street Related Improvements - $960,000 and that $500,000 be raised
in the tax levy; and in addition the Selectmen are authorized to accept
highway funds from all sources including the $460,000 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 Improvements -0-;
2003 Annual Town Meeting,Adjourned Session ofMarch 31, 2003 cont...
(f) Storm Sewer Improvements - $150,000 and that $150,000 be
transferred from the Sewer Enterprise Fund;
(g) Sidewalk Improvements—0-;
(h) Sanitary Sewer Improvements - $75,000 and that $75,000 be
transferred from the Sewer Enterprise Fund;
(i) Landfill Closure - $450,000 and that the Treasurer with the approval of
the Board of Selectmen is authorized to borrow $450,000 under
G.L.c.44, §8(24) or any other enabling authority;
(j) Skate Park Improvements—0-;
(k) Fire Equipment - $327,390 and that $327,390 be raised in the tax levy
(Provided, however, that $216,248 of the appropriation is contingent
upon the approval of an override question appearing on the ballot for
the Spring 2003 special election.)
(And further, that $111,142 of the appropriation be placed in the
Stabilization Fund should the override fail.)
(1) Town Building Envelope Program - $260,180 and to raise such
amount $60,180 be raised in the tax levy and that the Treasurer with
the approval of the Board of Selectmen is authorized to borrow
$200,000 under G.L.c.44, §7(3A) or any other enabling authority.
The Moderator read line items 8 a through 8 k, with the following discussion:
8 a.) William Kennedy reported the support of the Board of Selectmen.
Narain Bhatia reported the unanimous support of the Capital Expenditures
Committee.
Sheldon Spector reported the support of the Appropriation Committee.
8 b.) Recreation Committee Chairman Sandra Shaw and member Rick DeAngelis
spoke on requested funding from the Recreation Enterprise Fund.
Charles Hornig reported the unanimous support of the Capital Expenditures
Committee.
Sheldon Spector reported the support of the Appropriation Committee.
Discussion on public works and golf course equipment replacement, maintenance, and
safety issues followed.
8 c.) requests—0- funding.
8:57 p.m.
8 d.) Public Works Director William Hadley explained the street resurfacing program.
William Kennedy reported the unanimous support of the Board of Selectmen.
Narain Bhatia reported the unanimous support of the Capital Expenditures
Committee.
Sheldon Spector reported the support of the Appropriation Committee.
8 e.) requests—0- funding.
8 f.) William Kennedy reported the unanimous support of the Board of Selectmen
Narain Bhatia reported the support of the Capital Expenditures Committee.
Sheldon Spector reported the support of the Appropriation Committee.
8 g.) requests—0- funding.
Discussion followed on upkeep and funding of playground equipment.
8 h.) William Kennedy reported support of the Board of Selectmen.
Narain Bhatia reported the unanimous support of the Capital Expenditures
Committee.
Sheldon Spector reported the unanimous support of the Appropriation Committee.
Questions were raised on responded to on the status of the center traffic light replacement
and sidewalk plowing.
9:15 p.m.
8 i.) William Kennedy reported unanimous support of the Board of Selectmen.
Bruce Haskell of Camp, Dresser, McKee presented information on the closure of
the Hartwell Avenue landfill site.
Narain Bhatia reported the unanimous support of the Capital Expenditures
Committee.
Sheldon Spector reported the support of the Appropriation Committee.
Questions followed regarding sampling techniques, future use options, timelines and
anticipated costs for closure.
2003 Annual Town Meeting,Adjourned Session ofMarch 31, 2003 cont...
Bruce Haskell responded and it was advantageous to close out the site now regardless of
pending future use.
8 j.) requests—0- funding.
Sandra Shaw reported the Recreation Committee had reluctantly voted
unanimously to postpone any funding request.
Charles Hornig reported the agreement of the Capital Expenditures Committee on
recommended zero funding.
Sheldon Spector reported the agreement of the Appropriation Committee on
recommended zero funding.
8 k.) William Kennedy reported the Board of Selectmen's support for the Fire
Department's request to replace Engine 2.
Shirley Stolz reported the unanimous support of the Capital Expenditures
Committee.
Sheldon Spector reported the support of the Appropriation Committee.
Town Manager Richard White responded to Niles Barnert's question on placing
requested funds in the stabilization fund.
8 1.) Shirley Stolz made a MOTION to separate out Line Item 8 (1) to be voted on
separately from
Article 8, line items a-k.
9:46 p.m. Following a brief discussion, MOTION ADOPTED, Line Item 8 (1)
separated out.
Additional discussion followed on playground structures and "failed intersections" at
which traffic does not flow. Planning Director Glenn Garber explained the status of the
Planning Board's Comprehensive Plan and Transportation Element, during which the
Planning Board has studied roughly the 20 worst intersections in town.
9:56 p.m. VOTE on Article 8, line items a-k, the Moderator DECLARED the
MOTION ADOPTED by more than the required two-thirds vote.
9:58 p.m. Shirley Stolz, Capital Expenditures Committee Chairman, served Notice
of Reconsideration on Article 8, line items a-k.
ARTICLE 9: WATER DISTRIBUTION IMPROVEMENT
9:59 p.m. Selectman Jeanne Krieger moved the following:
MOTION: That the sum of$900,000 be appropriated for upgrading the water
distribution system in the Larchmont Lane, Utica Street and Laconia
Street areas; and that to meet this appropriation $400,000 be transferred
from the Water Enterprise Fund and that the Treasurer with the approval
of the Board of Selectmen is authorized to borrow $500,000 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.
Selectman Krieger reported the unanimous support of the Board of Selectmen
Narain Bhatia reported the unanimous support of the Capital Expenditures Committee.
Karen Dooks reported the unanimous support of the Appropriation Committee.
Discussion followed on street repairs and standards to which contractors are held.
10:05 p.m. Moderator DECLARED the vote UNANIMOUS and MOTION
ADOPTED.
10:05 p.m. Shirley Stolz, Capital Expenditures Committee, served Notice of
Reconsideration on Article 9.
ARTICLE 10: SCHOOL CAPITAL PROJECT—HIGH SCHOOL
10:06 p.m. School Committee Chairman Scott Burson moved:
MOTION: That $1,500,000 is appropriated to remodel, reconstruct and make
extraordinary repairs to the High School; that to meet this appropriation, the Treasurer
with the approval of the Board of Selectmen is authorized to borrow $1,500,000 under
2003 Annual Town Meeting,Adjourned Session ofMarch 31, 2003 cont...
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. Burson reported the request is to fund acoustical modifications to approximately 20
classrooms at the high school and explained the needs for hearing impaired classrooms.
Mr. Burson reported the unanimous support of the School Committee.
George Burnell reported the unanimous support of the Capital Expenditures Committee.
Karen Dooks reported the unanimous support of the Appropriation Committee.
Discussion then followed on the need for classrooms to meet the acoustical needs of the
hearing impaired and other students.
10:18 p.m. Selectman Peter Kelley reported the unanimous support of the Board of
Selectmen.
Discussion continued on cost, funding mechanisms for proposed work, and placements
out of the district to meet student needs.
10:40 p.m. Robert Whitman, pr.6, moved the question. Following a vote on putting the
question, the Moderator declared the motion adopted.
10:41 p.m. The Moderator declared the motion on the motion being put adopted and
the main motion now before the meeting.
10:42 p. Marsha Baker, pr.7, as Co-chairman of the Special Needs Advisory
Council, spoke in support.
10:42 p.m. The Moderator DECLARED the MOTION ADOPTED by more than the
required two-thirds vote.
10:42 p.m. Shirley Stolz, Appropriation Capital Expenditures Committee, served
Notice of Reconsideration on Article 10.
10:44 p.m. Selectman Leo McSweeney moved the meeting be adjourned until 8:00
p.m., Wednesday, April 2, 2003 at the National Heritage Museum. MOTION
ADOPTED.
A true copy:
Donna M. Hooper, Town Clerk
Adjourned Session of the 2003 ANNUAL TOWN MEETING
April 2, 2003
The fourth session of the 2003 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 Moderator called a recess for Representative Jay Kaufman and Dr. Ernest Van B.
Seasholes, Principal of Lexington High School, to present awards to 13 students from
Lexington High School.
8:19 p.m. The Moderator declared the meeting in session and outlined the article order
for the evening as follows: 11, 13, 17, 19, 24, 26, 27, 29 and anticipated Indefinite
Postponement for Articles 15 and 28.
Anticipated order for April 9th- articles 12, 14, 25 and 23; for April 14th— articles 16 &
dangling money articles; for April 7th— articles 20, 21, and 22.
ARTICLE 2: REPORTS OF TOWN OFFICERS, BOARDS , COMMITTEES
8:22 p.m. Selectman Leo McSweeney moved the Report of Lexington 2020 Vision
Committee be Accepted and Placed on File. Committee member Nancy Wilson
presented an oral report of the Lexington 2020 Vision Implementation Committee.
8:24 p.m. MOTION UNANIMOUSLY ADOPTED.
8:25 p.m. Patrick Mehr moved the Report of the Electric Utility Ac Hoc Committee be
accepted and Placed on File. Patrick Mehr, pr.3, presented an oral report. MOTION
UNANIMOUSLY ADOPTED.
ARTICLE 11: SCHOOL CAPITAL PROJECTS—DIAMOND,
HARRINGTON
8:31 p.m. Thomas Griffiths, School Committee, moved:
MOTION: That $190,000 is appropriated to reconstruct and make
extraordinary repairs to the gym floors at the Diamond Middle School and at the
Harrington Elementary School; that to meet this appropriation $125,000 be raised
in the tax levy and that the Treasurer with the approval of the Board of Selectmen
is authorized to borrow $65,000 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 the requested improvements to the gymnasium floors were sought
for the safety of the users.
8:36 p.m. George Burnell reported the unanimous support of the Capital Expenditures
Committee. Karen Dooks reported the unanimous support of the Appropriation
Committee. Peter Kelley reported the unanimous support of the Board of Selectmen.
8:38 p.m. Discussion followed, including questions on building energy conservation
efforts, proposed repairs and school renovation project at Diamond, and pending school
construction at Harrington site.
8:42 p.m. The Moderator DECLARED the MOTION ADOPTED by more
than the required two-thirds vote.
8:42 p.m. Shirley Stolz, Capital Expenditures Committee, served Notice of
Reconsideration of Article 11.
8:43 p.m. Selectman Jeanne Krieger moved Articles 12, 14, 23, and 25 be taken up on
Monday, April 28th. MOTION UNANIMOUSLY ADOPTED.
ARTICLE 13: MUNICIPAL ELECTRIC UTILITY PLANT
8:46 p.m. Paul Chernick, pr.6, moved:
MOTION: That the following resolution be adopted:
Town Meeting supports and encourages the efforts of the Selectmen to explore and
evaluate the option of establishing a municipal electric utility, and to that end, reconfirms
and renews the votes taken under Article 37 of the warrant for the 1996 Annual Town
Meeting and under Article 42 of the warrant for the 1997 Annual Town Meeting
endorsing the establishment of a municipal lighting and gas plant in accordance with the
provisions of Chapter 164 of the General Laws as amended from time to time.
2003 Annual Town Meeting,Adjourned Session ofApril 2, 2003 cont...
Following brief comments on Article 13 by Mr. Chernick, further comments were
provided by committee member Patrick Mehr.
8:57 p.m. Charles Hornig reported the unanimous support of the Capital
Expenditures Committee. Dawn McKenna reported the unanimous support of the Board
of Selectmen.
8:59 p.m. Discussion, in favor and in opposition, continued on customer satisfaction,
energy conservation, tax benefits of private utility companies,
and pros and cons of underground utilities.
9:09 p.m. MOTION ADOPTED.
ARTICLE 15: PROPERTY ACQUISITION—MAP 49, LOT 54 ON
FOREST STREET
9:10 p.m. Selectman Dawn McKenna moved:
MOTION: That this article be indefinitely postponed.
9:11 p.m. MOTION ADOPTED.
9:12 p.m. Andrew Friedlich moved Article 16 be postponed until Monday, April
14, 2003. MOTION ADOPTED.
ARTICLE 17: ZONING BYLAW, TECHNICAL CORRECTIONS
9:13 p.m. Sara Chase moved the Planning Board Report of Article 17 be Accepted
and Placed on File. MOTION ADOPTED.
Ms. Chase reported the Planning Board recommends approval, and moved:
MOTION: That the Zoning By-Law be amended as follows:
In §135-72 D(1)(a) by deleting the line "The 'Trip Generation Manual, Fifth
Edition' prepared by the Institute of Transportation Engineers; and, if applicable,
..." and substituting the following:
"The most recent edition of'The Trip Generation Manual' prepared by the
Institute of Transportation Engineers that is on file in Lexington Town Engineer's
office; and, if applicable, ..."
Leo McSweeney reported the unanimous support of Article 17 by the Board of
Selectmen.
9:15 p.m. The Moderator declared MOTION UNANIMOUSLY ADOPTED.
ARTICLE 18: AMEND ZONING BYLAW—REZONING, CRO TO CD, 124,
128 SPRING STREET and 95 HAYDEN AVENUE
9:15 p.m. Andrew Friedlich, pr.5, moved:
MOTION: That this article be Indefinitely Postponed.
The Moderator recognized Executive Vice President Peter Nichols, Beal Properties. Mr.
Nichols explained the reasons for Indefinite Postponement, efforts taken, and hopes of
bringing forward a request at a later date.
9:19 p.m. MOTION UNANIMOUSLY ADOPTED.
9:20 p.m. The Moderator declared a brief recess for, due to illness, the exchange of
Moderators. Moderator Battin stepped down and appointed Mr. Norman Cohen, pr.6, to
serve as Temporary Moderator(in accordance with 118 §11 of The Code of Lexington)
for the remainder of the evening.
9:20 p.m. Moderator Norman Cohen called the meeting to order and declared Article 19
now before the members.
ARTICLE 19: AMEND ZONING BYLAW
9:23 p.m. David Kaufman, pr.6, moved:
MOTION: That the Zoning Bylaws of the Town be amended as follows:
A. In Section 4.2, Table 1, Line 7.15 relating to "Bank, credit union," change
the column headed CS from N to SP.
B. In Section 4.2, Table 1, Line 7.15b relating to "Bank or credit union with
drive-up window or auto-oriented branch bank" change the column
headed CS from N to SP with the following footnote reference, "provided
that the bank or credit union has a maximum of two lanes, one of which
may be an ATM lane."
9:24 p.m. Article sponsor Deidre Niemann explained purpose for the bylaw change.
2003 Annual Town Meeting,Adjourned Session ofApril 2, 2003 cont...
9:31 p.m. John Davies moved the Planning Board Report on Article 19 be Accepted
and Placed on File. MOTION UNANIMOUSLY ADOPTED. Mr. Davies reported the
Planning Board recommends Article 19 be disapproved.
9:33 p.m. Leo McSweeney reported the Board of Selectmen opposed the motion.
Additional members spoke in opposition
9:38 p.m. MOTION NOT ADOPTED.
9:39 p.m. John Bartenstein, pr.1, moved postponement of Articles 20, 21 and 22
until Monday, April 7, 2003. MOTION ADOPTED.
ARTICLE 24: CONSERVATION COMMISSION—NON-CRIMINAL
DISPOSITION
9:40 p.m. Conservation Commission member Philip Hamilton moved:
MOTION: That Chapter 1, § 6 of the Code of Lexington be amended as
follows:
1. By deleting the current fine schedule:
Chapter 130, Wetland Protection
Fine schedule:
1st 2nd and 3rd offenses: $50 per violation
4th and subsequent offenses: $100 per violation
2. By inserting the following fine schedule:
Chapter 130, Wetland Protection
Maximum Fine Schedule:
1st offense: $100 per violation
2nd and 3rd offenses: $200 per violation
4th and subsequent offenses: $300 per violation
3. By deleting the current fine schedule:
Chapter 145, Conservation Commission.
Fine Schedule: $50 per violation
4. By inserting the following fine schedule:
Chapter 145, Conservation Commission.
Fine Schedule:
1st offense: $100 per violation
2nd and 3rd offenses: $150 per violation
4th and subsequent offenses: $200 per violation
9:42 p.m. Leo McSweeney reported the Board of Selectmen's unanimous support.
9:42 p.m. MOTION UNANIMOUSLY ADOPTED.
ARTICLE 26: ACCEPT MGL CHAPTER 54 §16A
9:42 p.m. Selectmen Peter Kelley moved:
MOTION: That the Town accept Section 16A of Chapter 54 of the
Massachusetts General Laws.
9:42 p.m. Peter Kelley reported the support of the Board of Selectmen.
Town Clerk Donna Hooper briefly explained the purpose for accepting the state statute.
9:44 p.m. MOTION UNANIMOUSLY ADOPTED.
ARTICLE 27: ACCEPT MGL CHAPTER 40, §8J
9:45 p.m. Selectman William Kennedy moved:
MOTION: That the Town accept Section 8J of Chapter 40 of the
Massachusetts General Laws.
William Kennedy reported the support of the Board of Selectmen.
9:45 p.m. Susan Cusack, member of the Enablement Committee, Committee
Chairman Victoria Buckley, presented justification for adoption and the perceived need
to take the committee from an advisory committee to a full commission status.
Questions followed on impact of change of status on appointment procedures,
commitment or expenditures of funds, and grant authority authorized by acceptance of
MGL c.40§8J.
9:53 p.m. MOTION ADOPTED.
2003 Annual Town Meeting,Adjourned Session ofApril 2, 2003 cont...
ARTICLE 28: RETIREMENT BOARD
9:53 p.m. Peter Kelley moved:
MOTION: That this article be indefinitely postponed.
9:53 p.m. MOTION ADOPTED.
ARTICLE 29: PETITION GENERAL COURT—AMEND ALCOHOLIC
BEVERAGE LICENSE PROVISIONS
9:54 p.m. Selectman Dawn McKenna moved:
MOTION: That the Board of Selectmen are authorized to petition the General
Court for an Act to allow the Selectmen to grant licenses for the sale of alcoholic
beverages, including but not limited to licenses for the sale of beer and wine only,
in restaurants with less than 99 seats notwithstanding Massachusetts General
Laws c.138, provided that this measure is approved by a majority of voters at an
annual or special election.
9:54 p.m. Mrs. McKenna explained requested action and reported the unanimous
support of the Board of Selectmen.
9:56 p.m. Fred Johnson, Lexington Center Committee, presented the need for the
requested action and reported the support of the Lexington Center Committee and
Chamber of Commerce.
Discussion ensued in favor and against the motion, procedures for granting liquor
licenses, and monitoring of practices for entities to which licenses are granted.
Town Manager Richard White explained statute provides great latitude to the Board of
Selectmen.
10:10 p.m. MOTION ADOPTED.
10:10 p.m. Selectman Leo McSweeney moved the meeting be adjourned until 8:00
p.m., Monday, April 7, 2003 at the National Heritage Museum.
10:10 p.m. MOTION ADOPTED.
A true copy:
Donna M. Hooper, Town Clerk
Adjourned Session of the 2003 ANNUAL TOWN MEETING
April 7, 2003
The fifth session of the 2003 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 176 members was present.
The Moderator explained the Article 4 —Minuteman Regional school amendment
proposed by David Kanter will not be offered.
The Moderator explained the meeting is open under Article 2 —Reports of Town
Officers, Boards, Committees.
8:07 p.m. Planning Board Chairman Anthony Galaitsis moved the Report of the
Planning Board on Housing be Accepted and Placed on File.
Mr. Galaitsis requested the Moderator recognize Planning Director Glenn Garber for an
update on housing. Mr. Garber presented a housing report and accepted questions.
8:28 p.m. MOTION UNANIMOUSLY ADOPTED.
8:29 p.m. Selectman Jeanne Krieger moved the Report of the Metropolitan State
Hospital Task Force be Accepted and Placed on File and presented a verbal report to the
members. Mrs. Krieger received and responded to questions from the members
regarding MDC ownership, impact of possible development, and anticipated revenue.
8:37 p.m. MOTION UNANIMOUSLY ADOPTED.
Presented by Lorraine Fournier, pr.8.
ARTICLE 20: AMEND ZONING BYLAW
MOTION: That the Zoning By-Laws, Chapter 135 of the Code of Lexington,
be amended as follows:
That the definitions in§135-8 of the terms "billboard, " "sign, " "accessory sign, "and
non-accessory sign" be amended to read as follows:
BILLBOARD —Any sign, regardless of size, which advertises, calls attention to or
promotes for commercial purposes any product, service or activity other than one
manufactured, sold or engaged in on the premises at which the sign is located.
SIGN—Any display device, including but not limited to a board, placard, poster, flag or
banner, which advertises or communicates information to persons not on the premises on
which it is located.
SIGN, ACCESSORY—Any sign which advertises, calls attention to, or indicates the
person or activity occupying the premises on which the sign is located; advertises the
property or some part of it for sale or lease; or contains a lawful, noncommercial message
displayed by an occupant of the premises.
SIGN, NON-ACCESSORY—Any sign that is not an accessory sign.
That the following definitions be added to§ 135-8:
NONCOMMERCIAL MESSAGE—Any statement or message, including but not limited
to a political election campaign endorsement, that does not advertise, call attention to or
promote for commercial purposes any product, service or activity; and for the display of
which no consideration is provided or received.
SIGN, COMMERCIAL—Any sign, regardless of size, which advertises, calls attention
to, or indicates any commercial product, service or activity, whether or not manufactured,
sold or engaged in on the premises at which the sign is displayed.
That§isC 135-74 through 135-78 be amended to read as follows:
§ 135-74. Objectives and applicability.
2003 Annual Town Meeting,Adjourned Session of April 7,2003
A. Intent. This By-Law is intended to preserve and enhance the historical ambience
and aesthetic character of the town, and to maintain public safety, consistent with
constitutional requirements protecting freedom of speech.
B. Scope. All outdoor signs and window signs are subject to the regulations of this
By-Law unless specifically excluded in § 135-74(C).
C. Exemptions. The following signs are not subject to this By-Law:
(1) Any sign owned and installed by a governmental agency or required by any law,
governmental order or regulation.
(2) Government flags and insignia, except when displayed in connection with
commercial promotion.
(3) Integral decorative or architectural features of buildings, except letters,
trademarks, moving parts or moving lights.
(4) Signs mounted on registered motor vehicles or carried by hand.
D. Nonconforming signs. Signs legally existing on the effective date of this article,
or of any amendment hereto, may continue to be maintained; provided however that any
such sign that fails to conform to the current requirements of this by-law shall not be
enlarged, altered, relocated or replaced except in accordance with the provisions of
Article VI.
§ 135-75. General regulations. The provisions of this section shall apply to signs
in all zoning districts. Additional specific regulations for residential and business
districts are set forth in §§ 135-76 and 135-77, respectively.
A. Illumination. No sign shall be illuminated between the hours of 11:00 p.m. and
6:00 a.m., except signs on premises open for business, and then only upon issuance of a
special permit by the SPGA. Exterior illumination of signs shall be shielded, directed
solely at the sign, and be steady and stationary. No internal illumination of a sign is
permitted except upon issuance of a special permit by the SPGA. The illumination of any
sign shall not exceed 150 foot lamberts. [Amended 4-1-1998 ATM by Art. 40]
B. Signs cannot interfere with traffic. No sign, including window displays, or its
illuminators shall by reason of its location, shape, size or color interfere with pedestrian
or vehicular traffic or be confused with or obstruct the view or the effectiveness of any
official traffic sign, traffic signal or traffic marking. No red or green lights shall be used
on any sign if, in the opinion of the Building Commissioner or designee with the advice
of the Chief of Police, such lights would create a driving hazard.
C. Construction. No sign shall be painted or posted directly on the exterior surface of
any wall. All exterior, attached signs, except awning signs, shall be painted, posted or
otherwise securely affixed to a substantial intermediary removable surface and such
surface shall be securely affixed to the wall of the building. The foregoing, however,
shall not prevent installation of a sign by individual letters or devices cut into or securely
affixed to the exterior wall of a building, provided that such letters or devices have a
minimum depth of projection of 1/4 of an inch. The construction of the sign shall comply
with the State Building Code.
D. Maintenance. Every sign shall be maintained in good condition. If a sign shows
corrosion or deteriorated paint over 25% of the area of one side or if damage to the sign
causes the loss of 10% of its substance or if the sign suffers damage or deterioration
which creates a risk of harm to the person or property of another, it shall be repaired or
removed.
E. Removal of temporary signs. Signs that advertise or otherwise relate to a
particular event (for example, a real estate sign, an election campaign sign or a yard sale
sign) shall be removed promptly, and in no event more than 7 days, after the conclusion
of the event
F. Window signs. Removable signs on the inside of windows or transparent doors
are permitted.
2003 Annual Town Meeting,Adjourned Session of April 7,2003
G. Prohibited signs. The following types of signs are prohibited.
(1) Signs which incorporate in any manner flashing, moving or intermittent lighting,
excluding public service signs showing time and temperature.
(2) String lights used in connection with commercial premises with the exception of
temporary lighting for holiday decoration.
(3) Signs erected so as to obstruct any door, openable window or fire escape on a
building.
(4) Billboards and other non-accessory signs.
§ 135-76. Residential districts. The provisions of this section shall apply to signs
in residential districts.
A. The following accessory signs are permitted.
(1) Resident identification signs. Two signs, up to one square foot in area each, per
residential building indicating the name and address of the residents therein
(2) Multifamily dwelling development sign. One sign, not exceeding 12 square feet
in area, identifying a development in an RM or RD district.
(3) Real estate sign. One sign advertising the sale or rental of the premises on which
it is located, and containing no other advertising matter.
(4) Subdivision signs. Real estate signs, not more than 20 square feet in area and not
more than 10 feet in any dimension, on subdivisions of land as defined in General Laws,
Chapter 41, Section 81-L, solely to advertise the selling of land or buildings in said
subdivision, provided that not more than one such sign shall face the same street.
(5) Yard or garage sale sign. One sign advertising a yard or garage sale on the
premises on which it is located, provided that a yard sale permit has been duly obtained.
(6) Construction, painting or remodeling sign. One sign indicating the name, address
and telephone number of a contractor currently providing construction, painting or
remodeling services on the premises, and containing no other advertising matter,
provided that permission to display such sign has first been obtained from the
homeowner.
(7) Noncommercial message signs. Accessory signs containing a noncommercial
message and no other advertising matter.
B. Size, number and location of accessory signs. Unless otherwise provided in §
135-76(A),
(1) No sign in a residential district shall exceed 4 square feet in area. No standing
sign shall exceed 4 feet in height.
(2) No more than 2 standing signs shall be located on a residential property at one
time.
(3) No part of any standing sign shall be located within 10 feet of the edge of the
pavement of any street, obstruct a sidewalk, or otherwise create a safety hazard to
pedestrian or vehicular traffic.
(4) No sign shall be located on the roof of any building.
C. Commercial signs. Except to the extent permitted in § 135-76(A), commercial
signs, whether or not accessory to a permitted activity engaged in on the premises, are
prohibited in residential districts.
2003 Annual Town Meeting,Adjourned Session of April 7,2003
§ 135-77. Business districts. The provisions of this section shall apply to signs in
business districts.
A. Accessory Signs. Accessory signs on business establishments or institutions in
business districts that comply with the following provisions are permitted.
(1) Wall signs.
(a) One principal wall sign is permitted on the front of the establishment to which it
relates. The width of such a sign above the first floor of a building shall not exceed three
feet.
(b) A secondary wall sign may be installed marking a direct entrance on a parking lot
or another street in addition to the front wall sign. There shall be not more than two such
secondary wall signs. Said sign shall have a width no greater than 50% of the maximum
permissible width for the principal wall sign.
(c) No wall sign shall be more than three feet in overall height.
(d) In buildings where the first story is substantially above grade and the basement is
only partially below street grade, one sign for each level is allowed if each sign has only
1/2 of the area that would be permitted for a single sign.
(e) In addition to the above signs each building with multiple occupants may have
one directory sign affixed to the exterior wall, window or door of the building. Such
directory sign shall provide not more than one square foot for each occupant of the
building.
(f) Wall signs shall either be affixed to a wall and parallel to it or affixed to the roof
above a wall and be parallel to the wall. They shall not project more than 12 inches from
the face of such wall.
(g) No wall sign shall project above the highest line of the main roof or parapet on the
wall to which it is attached, whichever is higher.
(2) Projecting signs. In particular instances the SPGA may issue special permits for
projecting signs in accordance with § 135-78, if it is determined that the architecture of
the building, the location of the building with reference to the street or the nature of the
establishment is such that the sign should be permitted in the public interest. No
establishment shall be permitted more than one projecting sign.
(3) Standing signs. In particular instances the SPGA may issue special permits for
standing signs in accordance with § 135-78, if it is determined that the architecture of the
building, the location of the building with reference to the street or the nature of the
establishment is such that the sign should be permitted in the public interest. No
establishment shall be permitted more than one standing sign other than signs directing
traffic flow.
(4) Signs at gasoline filling stations and garages. Gasoline filling stations and garages
may divide the one wall sign affixed to the front wall of the building to which they are
entitled as hereinabove provided into separate wall signs indicating the separate
operations or departments of the business, provided however that the total of the widths
of the separate signs shall not exceed the maximum width permitted under this By-Law
for a single wall sign on such wall. In addition, one sign indicating the brand of gasoline
being sold may be erected of such type, in such location, and in such manner as the
SPGA may allow by special permit. The standard type of gasoline pump bearing thereon,
in usual size and form, the name or type of gasoline and the price thereof shall not be
deemed to be a sign within the meaning of this By-Law.
§ 135-78. Building permits and special permits.
A. All persons desiring to erect an outdoor sign in a commercial district shall apply
to the Building Commissioner or designee for a building permit.
2003 Annual Town Meeting,Adjourned Session of April 7,2003
B. All applications for permits shall include, at least, a drawing to scale showing the
following:
(1) The proposed sign.
(2) All existing signs maintained on the premises.
(3) A plot plan and a sketch of the building facade indicating the location of the
proposed and any existing signs.
(4) Specifications for construction, lighting, and wiring in accordance with the State
Building Code.
C. Building Commissioner or designee action. The Building Commissioner or
designee shall issue a building permit provided the proposed sign complies with this By-
Law, the State Building Code, requirements of the Historic Districts Commission (where
applicable) and any other applicable laws, by-laws or regulations.
D. Special permits. In particular instances the SPGA may issue special permits for
more or larger signs than are provided herein or for signs of types or for purposes not
provided herein and not specifically prohibited herein, including temporary signs, if it is
determined that the architecture of the building, the location of the building with
reference to the street or the nature of the establishment is such that the sign should be
permitted in the public interest. In granting such permission, the SPGA shall specify the
size and location of the sign or signs and impose such other terms and restrictions as it
may be deemed to be in the public interest. Any applicant under this provision shall
provide the information required in § 135-78(B) above and specific information in the
form of perspectives, renderings, photographs or other representations sufficient to show
the nature of the proposed sign, its effect on the immediate surroundings and the reasons
for allowing it. In considering applications for special permits for signs located on land
owned or leased by a religious sect or denomination or by a nonprofit educational
corporation, and used for religious or educational purposes, the SPGA shall not treat the
applicant on terms less favorable than those applied to a non-religious institution, nor in a
manner that unreasonably restricts the religious or educational activities of the applicant.
See Mass. Gen. Laws c. 40A, § 3 (Zoning Act); 42 U.S.C. §§ 2000cc et seq. (Religious
Land Use and Institutionalized Persons Act of 2000).
That to conform to the foregoing amendments, §§135-9 and 135-39 be amended as
follows:
That§135-9(F)(1) ("Temporary use") be amended to read:
(1) Temporary use. A building permit or certificate of occupancy may be granted for
a temporary use where authorized by this By-Law. A special permit for a temporary use
may be granted by the special permit granting authority or a permit for a temporary use
may be issued by the Building Commissioner or designee for a specific period of time
that is consistent with the needs of the proposed use. No temporary use is permitted
without a written permit for a time period prescribed by the SPGA or the Building
Commissioner or designee or as set forth in this By-Law; provided, however, that
temporary signs and any permits that may be required therefor shall be governed by the
provisions of§§ 135-74 through 135-78 rather than this § 135-9.
That§ 135-9(F) (2) ("Terminology") be amended by deleting the words "a sign. "
That§ 135-39(B)(1) (Height of structures other than buildings) be amended to read:
(1) When located on the ground, the maximum height of structures, other than
buildings, shall be the highest point on the structure and shall not exceed the maximum
height for buildings in feet as set forth in Table 2. Structures other than buildings, such as
antennas, wireless communication facilities that are permitted as provided in Article XV,
recreational apparatus, fences and the like may be located in a required front, rear or side
yard provided the height of the structure is not greater than its horizontal distance from
the lot line. Notwithstanding this provision:
(a) A fence or wall not greater than six feet in height (except that a supporting post
may be not more than six feet, six inches in height) may be located on, or closer to a lot
line than six feet; and
2003 Annual Town Meeting,Adjourned Session of April 7,2003
(b) A sign permitted under § 135-76 may be located in a front yard without regard to
the lot line.
8:41 p.m. Mrs. Fournier explained the perceived need for the proposed bylaw
changes. John Bartenstein, pr.1, continued with explanation of proposed changes.
8:54 p.m. Planning Board Chairman Anthony Galaitsis reported the Planning Board's
support, reviewed the reasons, and moved the Planning Board's Report on Article 20 be
Accepted and Placed on File. Following a unanimous voice vote, the Moderator declared
the Report Accepted and Placed on File.
Leo McSweeney reported the unanimous support of the Board of Selectmen.
Members complimented Mr. Bartenstein and Mrs. Fournier and followed with questions
on provisions allowed under proposed bylaw changes. Mr. Bartenstein responded to
questions from the members and residents in the audience.
9:21 p.m. Following a voice vote, the Moderator declared MOTION
UNANIMOUSLY ADOPTED.
ARTICLE 21: 40B COMPREHENSIVE PERMIT
9:22 p.m. Andrew Friedlich, pr.5.
MOTION: That this article be indefinitely postponed.
9:25 p.m. MOTION ADOPTED.
ARTICLE 22: LINCOLN PARK
9:26 p.m. Lisa Baci, pr.4.
MOTION: That this article be indefinitely postponed.
9:26 p.m. Citizens proposing this article provided their brief update on the Lincoln Field
project.
9:29 p.m. MOTION UNANIMOUSLY ADOPTED.
ARTICLE 30: L.G. HANSCOM FIELD
9:30 p.m. Carolyn Tiffany, pr.8.
MOTION: That the following resolution be adopted:
Resolved: that the Town Meeting request the Selectmen to call upon the
Governor of the Commonwealth of Massachusetts and all relevant State and
Federal agencies to recognize L.G. Hanscom Field, Massport's Civilian Airport,
as a unique airport in the United States, sited in the midst of an irreplaceable
historic, cultural, and environmentally sensitive area, and to take initiatives to
prevent expansion of the airport.
Mrs. Tiffany provided an explanation and brief discussion ensued from members
speaking in support.
9:54 p.m. MOTION ADOPTED.
9:54 p.m. Selectman Leo McSweeney moved the meeting be adjourned until 8:00
p.m., Monday, April 14, 2003 at the National Heritage Museum.
9:54 p.m. MOTION ADOPTED.
A true copy:
Donna M. Hooper, Town Clerk
Adjourned Session of the 2003 ANNUAL TOWN MEETING
April 14, 2003
The sixth session of the 2003 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 179 members was present.
The Moderator declared a brief recess for the Selectmen to recognize the retirement after
33 years of service to the Town of Lexington, of Phyllis Smith, Administrative Assistant
to the Board of Selectmen.
Following a brief explanation on the procedures for the evening's meeting, the Moderator
declared the meeting open under Article 2.
ARTICLE 2: REPORT OF TOWN OFFICERS, BOARDS, COMMITTEES
8:16 p.m. Paul Lapointe, Chairman, moved the Report of the DPW Facility/Senior
Center Re-evaluation Advisory Committee be Accepted and Placed on File. MOTION
ADOPTED. Mr. Lapointe referred the members to the printed report and advised
discussion would occur at a future meeting.
8:19 p.m. Deborah Brown, Chairman, moved the Appropriation Committee's
Supplemental Report #2 be Accepted and Placed on File. MOTION ADOPTED.
Ms. Brown reported on a vote of 6-3, the Committee opposed the proposed Kaufman and
Rosenberg amendments. Ms. Brown also advised that the Committee will move to
separate out Article 4 line items 7300 Personal Services and 7300 Expenses for final
consideration.
8:41 p.m. Following a period of questions on anticipated amount of Proposition 2
1/2 override and explanations on budget issues by the Town Manager, the Moderator
recognized Andrew Friedlich, pr.5. Mr. Friedlich moved to take up Article 16.
MOTION UNANIMOUSLY ADOPTED.
8:41 p.m. Andrew Friedlich, pr.5.
ARTICLE 16: LEXINGTON SKATE PARK
MOTION: That $30,000 be appropriated to fund a portion of Phase II of the
Lexington Skatepark located on Worthen Rd., said funds to be used with the
advice of the Lexington Skatepark Committee; that to meet this appropriation
$30,000 be taken from the Recreation Enterprise Fund.
Following Mr. Friedlich's brief presentation the Moderator recognized Mr. Robert
McConnell, Chair of a committee for Lexington Skate Park.
8:43 p.m. Charles Hornig requested a 15 minute recess, and the Moderator so declared,
for the Capital Expenditures Committee to confer with the Board of Selectmen and
Recreation Committee.
9:00 p.m. Mr. McConnell presented further information.
9:15 p.m. Recreation Committee Chairman Sandra Shaw reported the Committee is
unanimously in favor of committing $30,000 for a one-time only payment from the
Enterprise Fund and wishes to amend the motion to specify use for security fencing.
9:18 p.m. Frank Sandy, pr.5, moved to postpone discussion to April 28th. Sheldon
Spector, pr.6, spoke in opposition to postponement. MOTION TO POSTPONE NOT
ADOPTED.
9:21 p.m. Sandra Shaw moved the following substitute motion for ARTICLE 16:
SUBSTITUTE MOTION: That $30,000 be appropriated from the Recreation
Enterprise Fund for the Skate Park, said funds to be used by the Town for the
installation of safety fencing.
2003 Annual Town Meeting-Adjourned Session of April 14,2003, cont....
Charles Horning reported the Capital Expenditures Committee unanimously supports the
substitute motion.
Deborah Brown reported a majority of the Appropriation Committee supports the
substitute motion.
Dawn McKenna reported the Board of Selectmen unanimously opposes the substitute
motion.
Members questioned Mrs. Shaw and Mr. McConnell on the funding need for fencing and
priorities of the skate committee, proposed amendment restriction on fund usage, and
oversight over the area.
9:32 p.m.. Selectman Leo McSweeney moved the following amendment to the
substitute motion:
AMENDED SUBSTITUTE MOTION: That $30,000 be appropriated from
the Recreation Enterprise Fund for the Skate Park, said funds to be used by the
Town for the installation of safety fencing, and that if money is left over it can be
used for landscaping and events.
Sheldon Spector reported the Appropriation Committee, on a vote of 7-2, supports the
amended substitute motion.
Charles Hornig reported the majority of the Capital Expenditures Committee
recommends defeat of the amended substitute motion.
Dawn McKenna reported the Board of Selectmen's unanimous support of the amended
substitute motion.
9:37 p.m. After members spoke in support and in opposition to the amended substitute
motion, David Burns, pr.5, moved the question on the amendment to the amendment and
the amendment. MOTION ADOPTED.
9:39 p.m. Vote on the amendment to the amendment, MOTION ADOPTED.
9:40 p.m. Vote on the amendment as amended, MOTION ADOPTED.
9:40 p.m. Charles Hornig reported the Capital Expenditures Committee unanimously
opposes the Motion as amended.
Sheldon Spector reported the Appropriation Committee, on vote of 8-1,
supports the Motion as amended.
Dawn McKenna reported the unanimous support of the Board of Selectmen
for the Motion as amended.
Anthony Close reported the unanimous support of the School Committee.
Questions ensued on usage of enterprise funding and insurance expenses.
9:53 p.m. Vote on motion as amended, MOTION ADOPTED.
ARTICLE 4: OPERATING BUDGET
9:54 p.m. Loren Wood, pr. 3, moved the following amendment:
AMENDMENT: I move that Article 4, OPERATING BUDGET, Motion of
March 24, 2003, as subsequently amended, be amended in Expense line items
2410, 3000, 3600, 4100, 4200, 5100, 6000, 7100, 7200, 7300, 8110, 8120, 8130,
8200, 8310, 8320, 8330, 8400, 8500, and 8600, by reducing their fundings to
97.187% of their existing fundings, and in line item 1100 by the same percentage
applied to $10,853,486, and that line item 2230 Debt Service Temporary
Borrowing be amended by increasing its funding by the amount of said
reductions. And that the amount of each said line item's appropriation that is
contingent upon the approval of an override question appearing on the ballot for
the Spring 2003 special election be reduced in the same manner, and that the
amended appropriation for line item 2230 be contingent upon approval of said
override in the amount of the sum of the above mentioned contingency
reductions.
9:57 p.m. Deborah Brown reported the Appropriation Committee's unanimous
opposition.
Leo McSweeney reported the Board of Selectmen's unanimous opposition.
Tony Close reported the School Committee's unanimous opposition.
2003 Annual Town Meeting-Adjourned Session of April 14,2003, cont....
9:59 p.m. AMENDMENT NOT ADOPTED.
9:59 p.m. Deborah Brown moved to postpone further discussion on Article 4 until the
separated out line items 3000 and 8600 are voted.
10:00 p.m. Charles Hornig, pr.8, served Notice of Reconsideration on Article 16.
10:00 p.m. Motion for postponement of Article 4 ADOPTED.
ARTICLE 4 - OPERATING BUDGET—Line Item 3000: DPW General Expenses
10:00 p.m. Dawn McKenna spoke on her intent to move an amendment for this line
item, the moved the following amendment to Article 4, line item 3000 DPW General
Expenses:
AMENDMENT: The amount to be appropriated under Article 4, Line Item 3000
DPW General Expenses be amended to read $4,094,797.
Mrs. McKenna explained the justification of the proposed amendment was to eliminate
the position of Solid Waste Coordinator.
10:04 p.m. Selectman William Kennedy explained the Solid Waste Coordinator
position was a valuable position for the town and reported a majority of the Board of
Selectmen opposed the amendment.
10:06 p.m. Department of Public Works Director William Hadley explained the
diverse responsibilities of the Solid Waste Coordinator and spoke in opposition to the
amendment.
10:09 p.m. Deborah Brown reported the Appropriation Committee's unanimous
opposition.
10:10 p.m. Selectman Peter Kelley spoke in support of the amendment and in support
of weekly recycling.
10:13 p.m. Anthony Close reported the School Committee had no position on the
proposed amendment.
Following discussion in support and in opposition of the amendment, and on options for
funding the FY04 budget, Charles Lamb, pr.4, called the question. MOTION NOT
ADOPTED. AMENDMENT NOT ADOPTED. [dmh 6/30/03]
ARTICLE 4— OPERATING BUDGET—Line Item 3000: DPW General Expenses
10:32 p.m. Fred Rosenberg, pr.9, moved the following amendment to Article 4, line item
3000:
AMENDMENT: Article 4, line item 3000 DPW General Expenses be amended
by changing "Provided, however, that $204,000 of the appropriation is
contingent upon the approval of an override question appearing on the ballot for
the spring 2003 special election." to
" Provided, however, that $240,760 of the appropriation is contingent upon the
approval of an override question appearing on the ballot for the Spring 2003
special election."
Mr. Rosenberg explained the intent of this amendment was to place weekly recycling on
the override.
10:36 p.m. Following discussion on Article 4 funding scenarios should the amendment
be adopted a brief recess was called.
10:45 p.m. Discussion followed on possible override amount and Selectmen support.
10:50 p.m. Deborah Brown reported the Appropriation Committee's opposition to the
Amendment, on a vote of 7-2.
Anthony Close reported the School Committee strongly supported the process followed
and opposed the amendment.
Further discussion ensued in support and in opposition to the Rosenberg Amendment.
10:59 p.m. AMENDMENT NOT ADOPTED.
11:00 p.m Vote on Article 4, Line Item 3000, MOTION ADOPTED.
2003 Annual Town Meeting-Adjourned Session of April 14,2003, cont....
11:00 p.m. Deborah Brown served Notice of Reconsideration on Article 4, Line Item
3000.
11:01 p.m. Deborah Brown served notice that the Appropriation Committee may move
to rescind the amendment adopted for Article 4, Line Item 7300 Personal Services and
Line Item 7300 Expenses, and seeks to preserve that option.
After an inquiry from the membership, Ms. Brown explained the Appropriation
Committee has been following up on the Liberty Ride presentation and is looking for a
final reconciliation of accounts as there may be an unreported deficit.
11:04 p.m. Ephraim Weiss, pr.5, moved the meeting be adjourned until 8:00 p.m.,
Monday, April 28, 2003, at the National Heritage Museum. MOTION ADOPTED.
A true copy:
Donna M. Hooper, Town Clerk
Adjourned Session of the 2003 ANNUAL TOWN MEETING
April 28, 2003
The seventh session of the 2003 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 177 members was present.
The Moderator explained proceedings for the evening. Selectman Leo McSweeney
explained should the town proceed with a vote to override proposition 2 1/2 on June 2nd
the Selectmen would have to call the question this evening.
ARTICLE 2: REPORTS of TOWN OFFICERS, BOARDS, COMMITTEES
John Rosenberg, on behalf of the Capital Expenditures Committee and Chairman Shirley
Stolz, recognized the contributions of Charles Hornig for his six years service on the
Committee. Mr. Hornig then presented the Capital Expenditures Committee's remaining
report on the big-ticket capital budget.
8:18 p.m.
ATICLE 4: OPERATING BUDGET—Line Item 8600: Management
Information Systems
8600 MIS Personal Services 153,280
(Of which$28,064 is to be transferred from the Water Enterprise
Fund and$28,064 is to be transferred from the Sewer Enterprise Fund.)
8600 MIS Expenses 175,220
(Provided,however,that$34,320 of the appropriation is contingent
upon the approval of an override question appearing on the ballot for
the Spring 2003 special election.)
8:19 p.m. David Kaufman, pr.6, moved the following amendment:
AMENDMENT: Line item 8600 MIS Expenses be amended by
replacing the sentence "Provided, however that $34,320 of the
appropriation is contingent upon the approval of an override question
appearing on the ballot for the spring 2003 special election." With the
following:
"Provided, however that $48,020 of the appropriation is contingent upon
the approval of an override question appearing on the ballot for the spring
2003 special election."
Mr. Kaufman explained the amendment's purpose is to provide ongoing revenue stream
for future years.
8:23 p.m. Leo McSweeney reported the Selectmen's unanimous opposition.
8:23 p.m. Deborah Brown reported the Appropriation Committee's 7-2 vote in
opposition.
8:24 p.m. AMENDMENT NOT ADOPTED.
8:24 p.m. Vote ARTICLE 4, LINE ITEM 8600 MIS Personal Services and 8600
MIS Expenses; MOTION ADOPTED.
8:24 p.m. Deborah Brown, Appropriation Committee served Notice of
Reconsideration on Article 4, Line item 8600 MIS Personal Services and 8600 MIS
Expenses.
8:25 p.m. Richard Canale, pr.9, explained information previously submitted to Town
Meeting regarding revenue collected from 2002 Liberty Ride operations and the intent of
the Tourism Committee to move to rescind the vote of the March 26th session when
funding for 2003 Liberty Ride operations was approved. Mr. Canale further explained
the Tourism Committee would be opposing rescinding and hoped the members would
also oppose.
2002 Annual Town Meeting—Adjourned Session of April 28, 2003 cont...
8:27 p.m. Richard Canale, pr.9, moved:
ARTICLE 4: OPERATING BUDGET—Line Item 7300
MOTION: I move to rescind the amendment you voted on March 26 to
Article 4, line item 7300 Economic Development Personal Services and
line item 7300 Economic Development Expenses to include funding for
the Liberty Ride as shown on the screen.
As amended March 26,2003:
7300 Economic Development Personal Services 77,720
(Provided,however,that$58,240 of the appropriation is contingent upon the approval of
an override question appearing
on the ballot for the spring 2003 special election.)
7300 Economic Development Expenses62,051
(Of which$30,758 of the expenses for operating the Liberty Ride be funded by the
receipt of$30,758 in anticipated revenues.)
(Provided,however,that$5,350 of the appropriation is contingent upon the approval of
an override question appearing
on the ballot for the Spring 2003 special election.)
8:30 p.m. Leo McSweeney reported a majority of the Board of Selectmen opposes
rescinding.
8:31 p.m. Deborah Brown, Appropriation Committee, spoke on the inaccuracy of the
information presented on March 26th, reviewed the current accurate Liberty Ride
revenues from 2002 operations, and reported an majority of the Appropriation Committee
(7-2) opposes rescinding.
8:32 p.m. Motion to Rescind NOT ADOPTED.
8:32 p.m.
ARTICLE 4: OPERATING BUDGET
Deborah Brown reported the Appropriation Committee's unanimous support for Article
4.
Following brief comments the Moderator called for a vote on Article 4, as Amended.
8:35 p.m. Motion under ARTICLE 4 as AMENDED, ADOPTED.
8:36 p.m. Deborah Brown, Appropriation Committee, served Notice of Reconsideration
on Article 4.
8:36 p.m. Selectman Leo McSweeney moved a 90 minute recess to discuss the
DPW/Senior Center Re-evaluation Advisory Committee Report.
The Moderator declared a recess for the presentation of the Report by Committee
Chairman Paul Lapointe and discussion by the membership.
10:05 p.m. The Moderator declared the meeting in session.
10:05 p.m. Presented by Selectman William Kennedy.
ARTICLE 8 (1) : CAPITAL PROJECTS AND EQUIPMENT— Town Building
Envelope
MOTION: 8 (1) — Town Building Envelope Program - $260,180 and to raise
such amount $60,180 be raised in the tax levy and that the Treasurer with the
approval of the Board of Selectmen is authorized to borrow $200,000 under G.L.
c.44, section 7(3A) or any other enabling authority.
10:08 p.m. Enablement Committee Chairman Victoria Buckley spoke in support of
efforts to further the accessibility of town facilities.
10:13 p.m Narain Bhatia, Capital Expenditures Committee moved the following:
SUBSTITUTE MOTION: Town Building Envelope Program - $240,180 and to
raise such amount $60,180 be raised in the tax levy and that the Treasurer with the
approval of the Board of Selectmen is authorized to borrow $180,000 under
G.L.c. 44, §7(3A) or any other enabling authority.
2002 Annual Town Meeting—Adjourned Session of April 28, 2003 cont...
Mr. Bhatia explained in light of anticipated reduced cost for necessary improvements at
Fire Headquarters, the amendment would reduce the amount requested to be funded and
authorized to be borrowed. Mr. Bhatia reported the Appropriation Committee
unanimously recommends the substitute motion.
William Kennedy reported the Board of Selectmen's unanimous support of the substitute
motion.
Sheldon Spector reported the Appropriation Committee's unanimous support of the
substitute motion.
10:17 p.m. SUBSTITUTE MOTION ADOPTED.
Discussion followed on expenditures for work completed and future work needed at the
Cary Memorial Building, as well as public access to Fire Headquarters.
10:28 p.m The Moderator declared the Motion for ARTICLE 8 (1) as amended,
ADOPTED by more than the required two-thirds vote.
10:28 p.m. Narain Bhatia, Capital Expenditures Committee, served Notice of
Reconsideration on Article 8 (1).
10:29 p.m. Presented by Selectman Leo McSweeney.
ARTICLE 31: USE OF FUNDS TO REDUCE THE TAX RATE
MOTION: That the sum of$640,333 be appropriated to reduce the tax levy for
the fiscal year beginning July 1, 2003, and that such amount be transferred from
the Unreserved Fund Balance.
Appropriation Committee Chairman Deborah Brown reported the Appropriation
Committee's agreement and unanimous support of the motion.
A brief discussion ensued on potential impact of any possible reconsideration of
financial articles prior to dissolution of the meeting and remaining free cash balance and
bond rating impact.
10:35 p.m MOTION ADOPTED.
10:36 p.m. Selectman Leo McSweeney moved to postpone debate on articles 12, 14,
23, and 25 until April 30th. MOTION ADOPTED.
10:36 p.m. Deborah Brown, Appropriation Committee, served Notice of
Reconsideration on Article 31.
10:36 p.m. Selectman Leo McSweeney moved the meeting be adjourned until 8:00
p.m., Wednesday, April 30, 2003, at the National Heritage Museum.
MOTION ADOPTED.
A true copy:
Donna M. Hooper, Town Clerk
Adjourned Session of the 2003 ANNUAL TOWN MEETING
April 30, 2003
The eighth and final session of the 2003 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 162 members was present.
The Moderator extended appreciation to Museum Director John Ott for his generosity in
providing the venue for this year's meeting, along with cable provider RCN for
broadcasting the meeting.
8:08 p.m. Selectman Leo McSweeney moved the meeting take up articles 25, 14, 12, 23
a,b,c,d, in that order. MOTION ADOPTED.
ARTICLE 2: REPORTS OF TOWN OFFICERS, BOARDS, COMMITTEES
8:09 p.m DPW/Senior Center Re-evaluation Siting Committee Chairman Paul Lapointe
reviewed discussion points collected from the recess of April 28th.
8:20 p.m. Eric Michelson, Appropriation Committee, moved the Appropriation
Committee's Report on Chapter 90 Funds be accepted and placed on file. MOTION
ADOPTED.
8:21 p.m. Presented by Selectman Jeanne Krieger.
ARTICLE 25: 201 BEDFORD STREET DISPOSITION
MOTION: Resolved: That the Town Meeting hereby urges the Board of
Selectmen to continue to explore and identify any and all options available to it to
facilitate the construction of a senior center and the construction or reconstruction
of a DPW facility.
DPW/Senior Center Reevaluation Committee Chairman Paul Lapointe explained the
motion and intent to return to Town Meeting.
Mr. Lapointe reported the Committee's request the motion be adopted.
Selectman Jeanne Krieger commented further and reported the unanimous support of the
Board of Selectmen.
Paul Hamburger reported the unanimous support of the Appropriation Committee.
John Rosenberg reported the unanimous support of the Capital Expenditures Committee.
Discussion ensued on possible future use of current Senior Center, possible provision for
services to the youth, and steps to proceed.
8:30 p.m. MOTION UNANIMOUSLY ADOPTED
8:30 p.m. Presented by Selectman Leo McSweeney
ARTICLE 14: SENIOR CENTER FACILITY
MOTION: That $30,000 is appropriated for architectural and engineering
services for planning a new senior center, and that to meet this appropriation,
$30,000 be transferred from the amount appropriated under Article 8 of the
Warrant for the 2000 Annual Town Meeting.
Marion Cohen, Council on Aging, reported on the need for a new Senior Center.
8:43 p.m. Paul Hamburger reported the support, on a vote of 8-1, of the Appropriation
Committee.
Selectman Leo McSweeney moved the following:
AMENDMENT: That the words "for architectural and engineering" be deleted
and after"appropriated" add the words "for architectural, engineering and other
professional".
8:52 p.m. AMENDMENT ADOPTED.
8:53 p.m. John Rosenberg commented on needs for voting this article and funds
authorized at the 2000 Annual Town Meeting and reported the unanimous support of the
Capital Expenditures Committee.
2003 Annual Town Meeting—Adjourned Session of April 30, 2003, cont...
8:55 p.m. Peter Kelley presented a minority report of the Board of Selectmen and
spoke in opposition to the motion as amended.
Paul Hamburger reported the support of the Appropriation Committee for the motion as
amended (8-1).
Leo McSweeney reported the support of the Board of Selectmen for the motion as
amended (3-2).
Discussion ensued in support and in opposition, from members of the audience and Town
Meeting members, regarding need for a new Senior Center, possible inclusion of a
multigenerational center, space needs, prioritization of needs and costs, estimated
timelines, and senior usage of school buildings.
9:30 p.m. Fred Rosenberg, pr.9, moved the question. MOTION ADOPTED.
9:31 p.m. Council on Aging member Dan Fenn summarized points on proceeding
forward.
9:34 p.m. MOTION ADOPTED.
9:35 p.m. Presented by Selectman Jeanne Krieger.
ARTICLE 12: DPW OPERATIONS FACILITY
MOTION: That this article be indefinitely postponed.
9:35 p.m. Public Works Director William Hadley summarized reasons for Indefinite
Postponement.
9:35 p.m. MOTION ADOPTED
9:37 p.m. Presented by Joyce Miller, pr.7.
ARTICLE 23: CONSERVATION LAND TRANSFERS
Article 23(a) Highland Avenue,Map 31 Parcel 90C
MOTION: That the care, custody, management and control of approximately
14.7 acres of town-owned land on Highland Avenue, as shown on Assessor Map 31,
parcel 90C, be transferred to the Conservation Commission pursuant to M.G.L. c.40,
§8C for conservation purposes.
Joyce Miller explained request for land transfer.
Leo McSweeney reported the unanimous support of the Board of Selectmen for 23(a).
Charles Horning reported the unanimous support of the Capital Expenditures Committee
for 23(a).
9:42 p.m. MOTION UNANIMOUSLY ADOPTED
Article 23(b) Bedford Street, Map 64, Parcel 102D
MOTION: That this article be indefinitely postponed.
Joyce Miller explained request for indefinite postponement.
9:42 p.m. MOTION UNANIMOUSLY ADOPTED
Article 23( c) North Street Sand Pits, Map 69, Parcel 99
MOTION: That this article be indefinitely postponed.
Joyce Miller explained request for indefinite postponement.
9:43 p.m. MOTION UNANIMOUSLY ADOPTED.
Article 23(d) North Street Sand Pits, Map 68, Parcel 45
MOTION: That this article be indefinitely postponed.
Joyce Miller explained request for indefinite postponement.
9:45 p.m. MOTION UNANIMOUSLY ADOPTED.
Michael Young, Intern, was recognized for his role in the 2003 Annual Town Meeting
and the invaluable assistance and service provided.
9:47 p.m. Selectman Leo McSweeney moved the 2003 Annual Town Meeting be
DISSOLVED. MOTION UNANIMOUSLY ADOPTED.
A true copy:
Donna M. Hooper, Town Clerk