HomeMy WebLinkAbout2003-11-17-STM-min 2003 SPECIAL TOWN MEETING
November 17, 2003
(See Warrant File for Warrant)
The Special Town Meeting of November 17, 2003 was called to order by Moderator
Margery M. Battin, at 8:05 p.m., at the Clarke Middle School, 17 Stedman Road. A
quorum of 172 members was present.
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 1, and would be so during the
duration of the meeting.
ARTICLE 1: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES
8:14 p.m. Diane Pursley, pr.1,
MOTION: That the report of the Transportation Advisory Committee be
accepted and placed on file.
Ms. Pursley presented an update on Lexpress.
8:18 p.m. The Moderator declared the motion Unanimously Adopted.
8:19 p.m. Richard Canale, pr.9,
MOTION: That the report of the Metropolitan Area Planning Council be
accepted and placed on file.
Mr. Canale presented an update on activities of the MAPC.
9:21 p.m. The Moderator declared the motion Unanimously Adopted.
8:22 p.m. Deborah Brown, pr.7.
MOTION: That the report of the Appropriations Committee be accepted
and placed on file.
Ms. Brown provided an overview of the report, explaining the Committee's
positions on Article 2, parts "A" and "B".
8:35 p.m. The Moderator declared the motion Unanimously Adopted.
8:46 p.m. Marshall Derby, pr.6.
MOTION: That Article 3 be taken up at this time.
The Moderator declared the motion Unanimously Adopted.
8:46 p.m. Marshall Derby, pr.6.
ARTICLE 3: ZONING BYLAW, CD-6 to CRO: RANGEWAY—
Lot 64 of Assessors Map 90
MOTION: That Article 3 be Indefinitely Postponed.
Mr. Derby explained the request for Indefinite Postponement.
8:47 p.m. The Moderator declared the motion Unanimously Adopted.
8:47 p.m. Selectman Leo McSweeney.
ARTICLE 2: OPERATING AND CAPITAL BUDGET
DIVIDED MOTION:
(A) That, in addition to the amounts appropriated therefor at the 2003 Annual Town
Meeting, the following supplemental appropriation in the amount of$61,000 is
hereby made for the following purpose for Fiscal Year 2004:
Line 2003 ATM FY04 Supplemental Amended FY04
Item Appropriation Appropriation Appropriation
1200 Regional Schools $840,431 $61,000 $901,431
and that to meet such supplemental appropriation and to provide for unexpected revenue shortfalls in
Fiscal Year 2004,the following appropriations made at the 2003 Annual Town Meeting for the
following budget line items are hereby reduced as indicated below:
November 17, 2003 Special Town Meeting, cont... ....
Line 2003 ATM FY04 Amount of Amended FY04
Item Appropriation Reduction Appropriation
2110 Contributory Retirement $2,994,000 $1,034,797 $1,959,203
(In order to make this reduction,
the Town hereby accepts the
provisions of Section 128 of
Chapter 46 of the Acts of 2003)
3000 DPW General Expenses $3,949,397 $150,000 $3,799,397
(reduction equals net of$350,000
reduction in NESWC reserves
and tipping fees,plus$200,000
addition for snow and ice removal)
(B) That, in addition to the amount appropriated therefor at the 2003 Annual Town
Meeting, the following supplemental appropriations in the aggregate amount of
$100,000 is hereby made for the following purposes for Fiscal Year 2004:
Line 2003 ATM FY04 Supplemental Amended FY04
Item Appropriation Appropriation Appropriation
4200 Fire Personal Services $3,159,420 $100,000 $3,259,420
and that to meet such supplemental appropriation, $100,000 is hereby transferred from available funds
originally appropriated under Article 8 of the 2001 Annual Town Meeting for the Town Building
Envelope Program.
8:46 p.m. Selectman McSweeney reported the support of a majority of the Board of
Selectmen.
8:53 p.m. The Moderator explained the Meeting would discuss each part of the motion
and then vote on separately.
8:54 p.m. Appropriation Committee Chairman Deborah Brown moved the following
amendment:
AMENDED MOTION: Line Item 2110 Contributory Retirement be
amended as follows:
Line 2003 ATM FY04 Amount of Amended FY04
Item Appropriation Reduction Appropriation
2110 Contributory Retirement $2,994,000 $1,234,797 $1,759,203
(In order to make this reduction,
the Town hereby accepts the
provisions of Section 128 of
Chapter 46 of the Acts of 2003)
8:55 p.m. Chairman Leo McSweeney reported opposition of a majority of the Board of
Selectmen.
9:18 p.m. Following discussion on Pension Board authority, maximum allowable
Pension Holiday, and impact on future years' budgets, Ephraim Weiss, pr.5,
moved the following amendment to the amendment:
AMENDMENT to the AMENDMENT: Line Item 2110 Contributory
Retirement be amended as follows:
Line 2003 ATM FY04 Amount of Amended FY04
Item Appropriation Reduction Appropriation
2110 Contributory Retirement $2,994,000 $1,410,000 $1,584,000
(In order to make this reduction,
the Town hereby accepts the
provisions of Section 128 of
Chapter 46 of the Acts of 2003)
Mr. Weiss addressed proposed amendment to the amendment.
9:22 p.m. Chairman Leo McSweeney reported the opposition of a majority of the
Board of Selectmen to the proposed amendment to the amendment.
November 17, 2003 Special Town Meeting, cont... ....
9:33 p.m. Following a 10 minute recess, Chairman Deborah Brown reported the
Appropriations Committee unanimously supports the proposed amendment
to the amendment, with a caveat that the support not be viewed as an
opportunity to restore services in 2004.
Following discussion on financial impact of proposed amendment to the
amendment, payback responsibilities, and impact on future budgets, the
Moderator declared time for discussion over and called for a vote.
9:59 p.m. The Moderator declared the AMENDMENT to the AMENDMENT
ADOPTED.
10:00 p.m. Joel Adler, pr.1, moved the question on the amended amendment.
10:00 p.m. The Moderator declared the AMENDMENT, as AMENDED, ADOPTED.
10:01 p.m. Deborah Brown explained the Appropriation Committee sought to keep all in
balance and proposed the following AMENDMENT to Line Item 3000 to
increase appropriation for snow& ice removal and decrease funding
authorized from NESWC reserves:
AMENDMENT: Line Item 3000 DPW General Expenses be amended as
follows:
Line 2003 ATM FY04 Amount of Amended FY04
Item Appropriation Increase Appropriation
3000 DPW General Expenses $3,949,397 $25,203 $3,974,600
(increase equals net of$174,797
reduction in NESWC reserves
and tipping fees,plus$200,000
addition for snow and ice removal)
10:05 p.m. Chairman Leo McSweeney reported a majority of the Board of Selectmen
supports the amendment.
10:07 p.m. Following discussion on impact of proposed amendment on fund
accessibility the Moderator declared the AMENDMENT UNANIMOUSLY
ADOPTED.
10:10 p.m. ARTICLE 2, section "A":
Following comments on the Pension Holiday the Moderator declared Article
2, part"A" ADOPTED AS AMENDED.
10:13 p.m. ARTICLE 2, section `B":
Selectman Peter Kelley explained proposed funding for reopening the East
Lexington Fire Station and responded to questions posed by the
Appropriations Committee.
10:22 p.m. John Rosenberg, pr.4, Capital Expenditures Committee, reported the
Committee's unanimous opposition to diverting capital funds for operations.
10:25 p.m. Selectman Jeanne Krieger reported the minority report of the Board of
Selectmen in opposition to proposed funding.
10:28 p.m. Chairman Deborah Brown reported the opposition of the Appropriation
Committee.
Discussion ensued, in favor and against proposed FY'04 funding for station reopening.
10:55 p.m. John Cunha, pr.8, called the question.
10:55 p.m. Selectman Peter Kelly summarized requested funding to reopen the East
Lexington Fire Station and encouraged support.
November 17, 2003 Special Town Meeting, cont... ....
10:58 p.m. Following a voice vote on Article 2, part"B", the Moderator called for a
standing vote, tallied as follows:
Precinct Yes No
1 11 7
2 9 6
3 3 17
4 1 13
5 6 11
6 2 13
7 4 11
8 5 12
9 3 15
At Large 4 13
Total 48 118
10:58 p.m. On a vote of 48 in-favor and 118 opposed, the Moderator declared the
Motion under Article 2, Section "B" NOT ADOPTED.
11:03 p.m. Deborah Brown, pr.7, served Notice of Reconsideration on Article 2, parts
"A" and `B".
11:04 p.m. Andrew Friedlich, pr.5.
ARTICLE 4: ZONING BY LAW CD-6 to CRO: 12-18 HARTWELL AVENUE
MOTION: That this article be indefinitely postponed.
John Farrington, representing owners of 12-18 Hartwell Avenue explained
the Article would be resubmitted at the next Annual Town Meeting.
11:04 The Moderator declared the ADOPTED.
11:05 p.m. Daniel Busa, pr.1.
ARTICLE 5: SAFE HAVENS
MOTION: That, a petition to the General Court, accompanied by a bill for a special
law relating to the Town of Lexington to be filed with an attested copy of this
motion be, and hereby is, approved under Clause I of Section 8 of Article II,
as amended, of the Articles of Amendment to the Constitution of the
Commonwealth of Massachusetts, to the end that legislation be adopted
precisely as follows, except for clerical or editorial changes of form only:
PETITION FOR A SPECIAL ACT
RE: THE SAFE PLACEMENT OF NEWBORNS AND INFANTS IN THE TOWN OF
LEXINGTON
Whereas,the General Court finds and declares that a serious public emergency exists with respect to the
safety and health of newborns and infants in the Town of Lexington due to parents that abandon them;and
Whereas,unless parents of newborns or infants are not protected from prosecution for their abandonment
of a newborn or infant then the incidents of newborns discarded into trash receptacles or abandoned in
public places will continue to occur;and
Whereas,the serious public emergency should be met by the Commonwealth of Massachusetts
immediately,with due regard for the rights and responsibilities of the Town of Lexington.
Therefore this act is declared to be in the public interest.
Section 1. Acceptance of Newborns and Infants Placed by Parents or Lawful Agents of Parents with
Authorized Employees of Designated Facilities,
Notwithstanding the provisions of any general or special law to the contrary and in order to promote the
public good,the Massachusetts department of social services ("department")shall accept for placement into
foster care any newborn or infant child seven(7)days of age or younger("newborn or infant"or"child")
that is voluntarily placed with a hospital emergency room licensed under general laws chapter 111, section
51 in the Town of Lexington("designated facility"), or left at a police station in the Town of Lexington, or
at a fire station in the Town of Lexington for transport to such hospital emergency room(by activating the
EMS system)by a parent of a newborn or infant or by a legal agent of said parent. A voluntary placement
under these provisions shall not constitute an automatic termination of parental rights or an abrogation of
November 17, 2003 Special Town Meeting, cont... ....
parental rights or responsibilities but shall,for purposes of authorizing the department to initiate a petition
to terminate parental rights under general laws chapter 210,be presumed to be an abandonment of the
newborn or infant that has been so placed. A hospital emergency room receiving a newborn or infant shall
immediately notify the department of the placement of a newborn or infant("notice"). Upon receiving a
notice the department shall take physical custody of the newborn or infant immediately and shall initiate all
actions authorized by law to achieve the safety and permanency of the newborn or infant in a manner that is
consistent with the best interests of the child;provided however,that if the newborn or infant is in need of
emergency or other medical care,the department shall not take immediate physical custody of the child
until such care has been fully administered and completed to the hospital emergency room's satisfaction.
The department shall develop and implement a protocol of communication and procedure to facilitate the
placement of and provide for the custody and care of a newborn or infant. If a person claiming to be a
parent or lawful agent of a parent of a newborn or infant left with a designated facility submits a request to
the department for reunification with the newborn or infant,the department shall institute the procedures
currently authorized by law to identify, contact,and investigate such person or agent in order to determine,
pursuant to the applicable provisions of law,if reunification is in the best interests of the child,or if it is in
the best interests of the child to terminate the parental rights of the parent.
Each hospital emergency room in the Town of Lexington shall designate members of the emergency room
staff authorized("authorized employee")to take physical custody of a newborn or infant under these
sections, and one(1)such nurse shall be on duty during regular business hours.Each hospital emergency
room shall designate an area in the emergency room where physical custody of a newborn or infant may be
taken. Each police station in the Town of Lexington and fire station in the Town of Lexington shall,to the
greatest practical extent that does not interfere with the primary functions of the police station or fire
station, shall be authorized to activate the EMS system for the purpose of transfer to the hospital emergency
room on receipt of physical custody of a newborn or infant under these sections.
Authorized employees at the designated facility or the EMS system shall make every effort to solicit the
following information from the parent or lawful agent who is placing the newborn or infant: (1)the name
of the child, (2)the name and address of the parent placing the child, (3)name and address of the parent
absent from the placement of the child for the purposes of notification and protecting the absent parent's
constitutional rights with regard to parenting, (4)name and address of the person leaving the child,if not a
parent, (5)the location of the child's birthplace, (6)the medical histories of the child and parents including,
but not limited to,birth and medical records,if available,and(7)any other information that might
reasonably assist the department or the courts of the Commonwealth in current and future determinations of
the best interests of the child,including whether or not the parent plans to seek future custody of the child.
The authorized employee receiving the newborn or infant shall encourage the parent or lawful agent of the
parent to provide the requested information in order to ensure that the child's best interests are served,but
the parent or lawful agent is not required to provide such information. The department and the designated
facility shall maintain copies of forms and records,if any, collected or created as a result of placements
made under these sections,and shall adhere to all applicable laws,rules,and regulations regarding the
confidentiality of such forms and records provided,however,that all information pertaining to the medical
history of the newborn or lawful agent shall be forwarded by the designated facilities to the department in
order to facilitate the safe and permanent placement of a child by the department.
These authorized employees shall provide the parent or lawful agent with a numbered identification
bracelet. The bracelet shall be used to link the parent to the child for identification purposes only and shall
not be construed to authorize the person in possession of the bracelet to take custody of the child on
demand. If parental rights have not been terminated,possession of a bracelet linking the parent or agent to a
newborn or infant left with an authorized employee shall create a rebuttal presumption that the parent or
lawful agent has standing to participate in a custody hearing for the child but shall not create a presumption
of maternity,paternity or custody.
Envelopes containing the above information(pamphlet,medical history form,and identification bracelet)
should be provided to all fire and police stations for distribution as needed.
Section 2. Placement of Newborns and Infants by Parents or Lawful Agents of Parents with Authorized
Employees of Designated Facilities.
The act of leaving an unharmed newborn or infant with an authorized employee of a designated facility
does not,by itself, constitute a basis for a finding of abuse or neglect of the child pursuant to the laws of the
Commonwealth,nor does it,by itself, constitute a violation of criminal statutes for child abuse and neglect
or for abandonment under General Laws Chapter 119, Section 39 when there is additional evidence that the
person who left the child intended that the child be safe from physical injury or harm. If there is suspected
child abuse or neglect that is not based solely on the newborn or infant having been left with an authorized
employee of a designated facility in compliance with these sections,the personnel of the designated
facilities who are mandated reporters under General Laws, Chapter 119, Section 51A must report the abuse
or neglect.
Section 3. Information Program.
There shall be a public information program regarding the procedures stated in these sections including,but
not limited to,the development of a pamphlet describing these aforesaid procedures,the rights and
responsibilities of the parent(s)and extended family members,the legal consequences of placement of a
newborn or infant into foster care,the relevant telephone numbers of the department or its agents and
family preservation services.
November 17, 2003 Special Town Meeting, cont... ....
Such a public information program shall be funded by grants and donations not limited to,but including
those from the United States Department of Health and Human Services pursuant to the Promoting Safe
and Stable Families Program.
Section 4. Harmonious Construction.
This act shall be construed harmoniously to the extent practicable with any other general or special law
such that all such legislation effectively provides the greatest level of safety for newborns and infants and
the greatest level of equity and fairness to parents and lawful agents.
Section 5. Severability.
If any provision of these sections or the application of such provision to any person or circumstance shall
be held invalid,the validity of the remainder of these sections and the applicability of such provision to
other persons or circumstances shall not be affected thereby.
Section 6. Effective Date.
The provisions of these sections shall be effective immediately upon passage.
11:05 p.m. Daniel Busa, pr.1 spoke on the merits of the motion.
Michael Morrisey, 15 Clelland Rd, provided an overview and showed a video.
11:14 p.m. Chairman Leo McSweeney reported the unanimous support of the
Board of Selectmen.
Discussion ensued in favor and in opposition to the motion.
11:20 p.m. Alan Wrigley, pr.7, called the question.
11:21 p.m. The Moderator declared the Motion under Article 5 Adopted.
11:22 p.m.Town Manager Richard White acknowledged the upcoming retirement of
Finance Director John Ryan and Fire Chief Peter Torode. Mr. White expressed
appreciation for their years of service to the Town of Lexington. The membership
acknowledged its appreciation with a standing ovation.
11:23 p.m.Chairman Leo McSweeney moved the November 17, 2003 Special Town
Meeting be Dissolved. The Moderator declared the motion adopted, and the meeting
dissolved.
A true copy.
Attest:
Donna M. Hooper, Town Clerk