HomeMy WebLinkAbout2006-03-27 to 2006-04-26-ATM-min2006 Annual Town Meeting
March 27, 2006
(See Warrant File for Warrant)
The first session of the 2006 Annual Town Meeting was called to order by Moderator
Margery M. Battin at 7:30 p.m., Cary Memorial Building. A quorum of 177 members was
present.
The Lexington Minutemen, accompanied by the William Diamond Fife and Drum Corps,
posted the colors. Former Moderator Robert Kent presented an abbreviated rendition of his
1976 presentation to Town Meeting.
The Moderator honored deceased Town Meeting members Stanley Toye, Keith Butters,
Edith Cheever, Donald Chisholm and Martin White.
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 declared the meeting open under Article 2,
and would be for the duration of the meeting.
ARTICLE 2: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES
7:58 p.m. Selectman Norman Cohen moved the Report of the Committee on Cary
Lectures be accepted and placed on file and the Committee be discharged.
Unanimously Adopted. Chairperson, Nancy Shephard, presented the Committee's report.
8:02 p.m. Charles Hornig moved the Report of the Planning Board be accepted and
placed on file. Unanimously Adopted. Mr. Hornig reported in the absence of the Chair
Wendy Manz.
8:08 P.M. Presented by Selectman Norman Cohen.
ARTICLE 3: APPOINTMENTS TO CARY LECTURE SERIES
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.
8:09 P.M. Presented by Charles Hornig, Planning Board
ARTICLE 4: ZONING BY -LAW, INCLUSIONARY ZONING
MOTION: That this article be indefinitely postponed.
Selectman Richard Paget reported. Motion Unanimously Adopted.
8:12 p.m. Alan Lazarus, pr.6, commented on the lateness of the Planning Board's report
on Article 5.
8:12 p.m. Presented by Charles Hornig, Planning Board
ARTICLE 5: ZONING BY -LAW, IMPERVIOUS SURFACE
MOTION: That the Lexington Zoning By -Law be amended as follows:
1. Delete line 5 of the Table entitled "Schedule of Permitted Buildings, Density and Dimensional Standards in
§135-45:
Type of Development
Zoning
RO
RS, RT
RD
Conv.
Clus.
Conv.
Clus.
Spec.
Spec.
DSPB
DSPB
5. Maximum impervious surface ratio (see ¢135 -41)
NR *
0.15
NR *
0.20
0.40
*No requirement for a conventional subdivision as a
whole; see ¢135 -47D for individual lots
And insert in its place the following:
Type of Development
Zoning
RO
RS, RT
RD
Conv.
Clus.
Conv.
Clus.
Spec.
Spec.
DSPB
DSPB
5. Maximum impervious surface ratio (see §135 -41)
NR*
0.20
NR*
0.30
0.40
*No requirement for a conventional subdivision as a
whole; see §135 -47D for individual lots
2006Annual Town Meeting —March 27, 2006 cont...
2. Insert in § 135 -48 F (1), the words "the standard for maximum impervious surface ratio in § 135 -45 Schedule of
Permitted Buildings, Density and Dimensional Standards table ", reformat the section to contain subsections, and rephrase
the subsections so that they read clearly in the new format, so that §135- 488(F) now reads as follows:
F. Special permits, dimensional standards, waivers, types of housing. The Planning Board, acting as
SPGA, may, as part of the grant of a special permit with site plan review, also grant a special permit to:
(1) Modify:
(a) the standards in Table 2, Schedule of Dimensional Controls, for minim lot area, minimum lot
frontage, minimum front yard, minimum side yard, minimum rear yard, maximum percentage of site
coverage, and maximum height in stories,
(b) the standard for maximum impervious surface ratio in § 135 -45 Schedule of Permitted Buildings,
Density and Dimensional Standards table,
(c) the provisions of § 135 -35D relative to the number of dwellings on a lot,
(d) the provisions in § 135 -36B relative to minimum lot width,
(e) the provisions in § 135 -36C relative to contiguous developable site area,
(f) the provisions in § 135 -65A relative to the location of off - street parking spaces,
(g) the provisions in § 135 -67 relative to setbacks required for parking spaces and driveways, and,
(h) the provisions in § 135 -27E relative to the subdivision of land in relation to lots or buildings that are
nonconforming or would not comply with this By -Law as a result of the proposed development,
all as they may apply to individual dwellings or lots within a cluster subdivision or a special residential
development,
8:12 p.m. Alan Lazarus moved to postpone Article 5 until Wednesday, March 29, 2006.
Charles Hornig reported the Planning Board had no objection to the delay.
Motion to Postpone until March 29, 2006 Adopted
8:17 p.m. Richard Canale moved the Report of the Planning Board on Article 6 be
accepted and placed on file. Unanimously Adopted.
8:17 p.m. Presented by Richard Canale, Planning Board
ARTICLE 6: ZONING BY -LAW, PARKING IN CB DISTRICT
MOTION: That the Lexington Zoning By -Law be amended as follows:
1. Delete "and filed in the Registry of Deeds of Middlesex County" and add "or paid
permit" in § 135- 69.1)(1)(c) so that it now reads as follows:
(c) Where such lot is not in the same ownership, a lease or paid permit
guaranteeing long -term use of such lot, and satisfactory in form to the Town
Counsel, is executed.
2. Delete "if located on a lot within the CB District" from § 135 - 69.1)(2) so that is
now reads as follows:
(2) In a CB District all such parking spaces may be within 1,200 feet walking
distance of the entrance of such building.
3. Delete "within the CB Zone" from § 135 -70.13 so that it now reads as follows:
B. Required parking spaces may be provided on the same lot or, if a special
permit under § 135 -69.1) is granted by the Board of Appeals, on another lot
provided such facility is within 1,200 feet walking distance of the entrance of the
building which such parking spaces are required to serve.
Selectman Richard Pagett reported the support of the Board of Selectman (4 -1)
8:23 p.m. Sheldon Spector, pr.6, questioned postponing discussion of Article 6.
The Planning Board deferred to the will of Town Meeting.
Vote on postponement — Not Adopted
8:25 p.m. Lisa Baci, pr.4, moved the following substitute motion offered by Mr. Julian
Bussgang, 2 Forest St.
MOTION:
1. Replace the current §165-69 D(1) (c ), which reads: "Where such lot is not in
the same ownership, a lease guaranteeing long -term use of such lot, and satisfactory
in form to the Town Counsel, is executed and filed in the Registry of Deeds of
Middlesex County"
2006Annual Town Meeting, March 27, 2006 cont...
with a new § 165 -69 D(1)(c ), which will read as follows:
"Where such lot is not in the same ownership, a lease or paid permit guaranteeing
long -term use of such lot, and satisfactory in form to the Town Counsel and SPGA, is
executed and filed with the SPGA. "Long -term use" shall mean that the duration of
the lease or paid permit guaranteeing the use of the lot is at least as long as the
duration of the special permit. In order for the special permit to remain valid, the
person holding the special permit is required to notify and get approval from the ZBA
if the terms of the lease or paid permit guaranteeing the use of the lot are to be
changed.
2. Delete "if located on a lot within the CB District" from §135 -69 D (2) so that
it will now read as follows:
(2) In a CB District all such parking spaces may be within 1,200 feet walking
distance of the entrance of such building.
3. Replace the current §135 -70 B, which reads:
B. Required parking spaces may be provided on the same lot or, if a special
permit under §135 -69 D is granted by the Board of Appeals, on another lot
within the CB Zone provided such facility is within 1,200 feet walking
distance of the entrance of the building which such parking spaces are
required to serve.
With a new §135.70 B which will now read as follows:
B. Required parking spaces may be provided on the same lot or, if a special
permit under §135 -69 D granted by the Board of Appeals approves it, on
another non - residential parking lot, not presently owned or leased by the
Town of Lexington provided such facility is within 1,200 feet walking
distance of the entrance of the building which such parking spaces are
required to serve.
8:26 p.m. Julian Bussgang, 2 Forest St., explained substitute motion.
Members posed questions on distances chosen and parking regulations
Richard Canale reported the Planning Board opposition to the amendment.
Discussion on the amendment ensued, with members speaking in support and
in opposition.
Members questioned the Planning Board on the number of businesses
presently relying on spaces outside of the CB district. Board of Appeals
Chairperson Judith Uhrig responded.
Parts 1, 2 and 3 of Substitute Motion voted as follows:
8:56 p.m. Part 1 & 2 — Not Adopted
8:57 p.m. Part 3 —Not Adopted
8:57 p.m. Peter Kelley reported the Board of Selectmen's opposition (4 -1) to the main
motion.
Members questioned allowing this motion to make legal the current parking in
the Meriam St and Redeemer lots, as operating a commercial lot in a residential zone is not
permitted since 1985. Town Counsel William Lahey advised if the bylaw is not adopted the
Board of Appeals would be advised it is not permissible activity going forward.
9:10 P.M. Reid Zurlo, pr.3, moved the Question. Unanimously Adopted.
9:11 P.M. Vote on Article 6 main motion — Declared Adopted by more than the required
two - thirds vote. Charles Lamb, pr.4, served notice of reconsideration on Article 6.
9:12 p.m. Presented by Charles Hornig, Planning Board.
ARTICLE 7: ZONING BY -LAW, AMEND CD -7 TO CD -13,
STARWOOD HOTELS & RESORTS, 727 MARRETT ROAD
MOTION: Article 7 be postponed to the first order of business on Wednesday, April 5,
2006.
Unanimously Adopted
2006Annual Town Meeting, March 27, 2006 cont...
9:12 p.m. Presented by Richard Canale, Planning Board
ARTICLE 8: RESOLUTION FOR A SCENIC BYWAY
MOTION: That the following resolution be adopted:
Resolved that Town Meeting requests that the Board of Selectmen seek enactment of
legislation in collaboration with the neighboring towns of Arlington, Lincoln, and
Concord to designate portions of Massachusetts Avenue, Old Massachusetts Avenue,
Wood Street, and Route 2A, the Battle Road corridor, as a State scenic byway.
9:19 P.M. Norman Cohen reported unanimous support of the Board of Selectmen.
Shirley Stolz, pr.8, 2139 Massachusetts Ave., requested to be on record as
abstaining from voting on this article.
9:20 p.m. Charles Hornig reported the Planning Board recommended passage.
Joyce Miller reported the unanimous support of the Conservation
Commission.
Gerald Paul reported the support of the Tree Committee
Dawn McKenna reported the unanimous support of the Tourism Committee.
Members spoke in support.
9:22 p.m. Motion declared Unanimously Adopted..
9:22 p.m. Presented by Selectman Norman Cohen.
ARTICLE 9: VINE STREET —ABANDON SEWER EASEMENT
MOTION: That the Board of Selectmen be and are hereby authorized to
abandon the sewer easement running between Vine Street and Hayes Lane described
in the Article on such terms as they may decide.
[Text ofArticle: To see if the Town will vote to abandon the sewer easement running
between Vine Street and Hayes Lane taken by the Town in 1915 and recorded in
Middlesex South Registry of Deeds Book 3975, Page 250, or act in any other manner
in relation thereto.]
9:22 p.m. Norman Cohen reported the unanimous support of the Board of Selectmen.
Motion declared Unanimously Adopted.
9:25 p.m. Presented by Selectman Hank Manz.
ARTICLE 10: AMEND NON - CRIMINAL DISPOSITION BY -LAW (STREET OPENINGS)
MOTION: That § 1 -6 of the General By -Laws be amended by adding thereto the
following:
Chapter 181, Department of Public Works
§181 -15 Excavation Permit, fine schedule: $100 per violation
9:25 p.m. Hank Manz reported the unanimous support of the Board of Selectmen.
9:26 p.m. Public Works Director William Hadley responded to a question on utility
company cables.
9:28 p.m. Motion Unanimously Adopted.
9:29 p.m. Presented by Selectman Norman Cohen.
ARTICLE 11: AMEND REFERENDUM PROVISIONS: Chapter 215 of the Acts of 1929
MOTION: That the Selectmen be and they hereby are authorized to petition the General
Court for an Act to amend Section 8 of Chapter 215 of the Acts of 1929 as
amended by deleting the second sentence thereof and substituting the
following:
"If, within said five days, a petition signed by not less than three percent of the
registered voters of the town, containing their names and addresses as they appear on
the list of registered voters, is filed with the selectmen requesting that the question or
questions involved in any such vote which has not become operative as aforesaid be
submitted to the voters of the town at large, then the operation of such votes shall be
further suspended pending its determination as hereinafter provided, and the
selectmen, within ten days after the filing of the petition, shall forthwith call a special
meeting for the purpose of presenting to the voters at large the question or questions
so involved."
9:29 p.m. Norman Cohen reported the unanimous support of the Board of Selectmen.
9:30 p.m. Motion Unanimously Adopted.
2006Annual Town Meeting, March 27, 2006 cont...
9:32 p.m. Presented by Selectman Hank Manz.
ARTICLE 12: AUTHORIZE INTER - MUNICIPAL AGREEMENT FOR
MUTUAL AID AMONG PUBLIC HEALTH AGENCIES
MOTION: That the Town Manager and the Board of Health be and they hereby
are authorized to enter into inter - municipal agreements, in accordance with Section
4A of Chapter 40 of the Massachusetts General Laws for mutual aid among public
health agencies.
9:32 p.m. Hank Manz reported the unanimous support of the Board of Selectmen.
9:33 p.m. Health Director Derek Fullerton explained the request.
9:35 p.m. Members spoke in support.
9:37 p.m. Motion Unanimously Adopted.
9:38 p.m. Presented by Selectman Richard Pagett
ARTICLE 13: ACCEPT MGL CHAPTER 148 SECTION 26H
(FIRE SPRINKLERS)
MOTION: That this article be indefinitely postponed.
9:38 P.M. Fire Chief William Middlemiss provided explanation for indefinite
postponement.
9:42 p.m. Members questioned current situations and buildings without sprinkler
systems.
9:43 p.m. Motion Unanimously Adopted.
9:44 p.m. Presented by Selectman Hank Manz.
ARTICLE 14: AMEND GENERAL BY -LAWS — UNAUTHORIZED VEHICLES
MOTION: That the General By -Laws be amended by adding to Part I, a new Chapter 93
entitled Parking, to read as follows:
Chapter 93, Parking
§ 93 -1 Unattended Vehicles in Fire Lanes
No person shall leave any vehicle unattended within the limits of private ways
furnishing means of access for fire apparatus to any building.
§ 93 -2 Unattended and Unauthorized Vehicles Within Handicapped
Parking Space
No person shall leave any unauthorized vehicle unattended within a handicapped
parking space, including the cross hatch area, designated as reserved for vehicles
owned and operated by disabled veterans or handicapped persons, nor in such a
manner as to obstruct a curb ramp designed for use by a handicapped person as a
means of egress to a street or public way.
And further, that § 1 -6.B of the General By -Laws be amended by adding thereto the
following:
Chapter 93, Parking
Fine Schedule: $100 per violation
9:44 p.m. Hank Manz reported the unanimous support of the Board of Selectmen.
9:44 p.m. Motion Unanimously Adopted.
9:46 p.m. Presented by Ephraim Weiss, pr.5.
ARTICLE 15: AMEND GENERAL BY -LAWS TO CREATE
ENERGY COMMITTEE
MOTION: Article 15 be postponed until immediately after Article 7 on April 5, 2006.
Motion Unanimously Adopted.
9:48 p.m. Selectman Norman Cohen moved the meeting be adjourned until Wednesday,
March 29, 2006 at 7:30 p.m., Cary Hall.
Motion Unanimously Adopted.
A true copy.
Attest:
Donna M. Hooper, Town Clerk
Adjourned session of the 2006 Annual Town Meeting
March 29, 2006
Moderator Margery M. Baffin called the second session of the 2006 Annual Town Meeting to order at
7:30 p.m., Cary Memorial Building. A quorum of 174 members was present.
Lexington Community Television was recognized for broadcasting Town Meeting.
ARTICLE 2: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES
7:33 p.m. Kenneth Kreutziger, pr.2, moved the Report of the Housing Partnership Board be
accepted and placed on file. Adopted Unanimously Mr. Kreutziger summarized the report.
James Wood, pr.7, moved the report of the Tree Committee be accepted and placed on file. Adopted
Unanimously Mr. Wood summarized the report.
Martha Wood, pr.7, moved the report of the Lexington Housing Assistance Board (LexHab) be
accepted and placed on file. Adopted Unanimously
7:52 p.m. Presented by Charles Hornig, Planning Board
ARTICLE 5: ZONING BY -LAW, IMPERVIOUS SURFACE
MOTION: That the Lexington Zoning By -Law be amended as follows:
1. Delete line 5 of the Table entitled "Schedule of Permitted Buildings, Density and
Dimensional Standards in §135 -45:
Type of Development
Zoning
RO
RS, RT
RD
Conv.
Clus.
Conv.
Clus.
Spec.
Spec.
DSPB
DSPB
5. Maximum impervious surface ratio (see ¢135 -41)
NR *
0.15
NR *
0.20
0.40
*No requirementfor a conventional subdivision as a
whole; see ¢135 -47D for individual lots
And insert in its place the following:
Type of Development
Zoning
RO
RS, RT
RD
Conv.
Clus.
Conv.
Clus.
Spec.
Spec.
DSPB
DSPB
5. Maximum impervious surface ratio (see §135 -41)
NR*
0.20
NR*
0.30
0.40
*No requirement for a conventional subdivision as a
whole; see § 135 -47D for individual lots
2. Insert in § 135 -48 F (1), the words "the standard for maximum impervious surface ratio
in § 135 -45 Schedule of Permitted Buildings, Density and Dimensional Standards table ",
reformat the section to contain subsections, and rephrase the subsections so that they read
clearly in the new format, so that §135- 488(F) now reads as follows:
F. Special permits; dimensional standards; waivers; types of housing. The Planning
Board, acting as SPGA, may, as part of the grant of a special permit with site plan
review, also grant a special permit to:
(1) Modify:
(a) the standards in Table 2, Schedule of Dimensional Controls, for minimum
lot area, minimum lot frontage, minimum front yard, minimum side yard,
minimum rear yard, maximum percentage of site coverage, and maximum
height in stories;
(b) the standard for maximum impervious surface ratio in § 135 -45 Schedule
of Permitted Buildings, Density and Dimensional Standards table;
(c) the provisions of § 135 -35D relative to the number of dwellings on a lot;
(d) the provisions in § 135 -36B relative to minimum lot width;
(e) the provisions in § 135 -36C relative to contiguous developable site area;
(f) the provisions in § 135 -65A relative to the location of off - street parking spaces;
(g) the provisions in § 135 -67 relative to setbacks required for parking spaces
and driveways; and,
2006Annual Town Meeting, Adjourned Session ofMarch 29, 2006, cont...
(h) the provisions in § 135 -27E relative to the subdivision of land in relation to
lots or buildings that are nonconforming or would not comply with this By -Law
as a result of the proposed development;
all as they may apply to individual dwellings or lots within a cluster subdivision or
a special residential development;
7:52 p.m. Charles Hornig reported the Planning Board's intent to amend the motion as follows
AMENDMENT:
that paragraph 1 of the main motion under Article 5 be amended by changing the new line 5
to be inserted in the Table entitled "Schedule of Permitted Buildings, Density and
Dimensional Standards" in §135 -45 by replacing the figure ".20" with ".18" and by replacing
the figure ".30" with the figure ".25," so that line 5 in said table would appear as follows:
Planning Board member Anthony Galaitsis commented on proposed amendment.
8:07 p.m. Selectman Jeanne Krieger reported the unanimous support of the Board of Selectmen
on the amendment.
8:08 P.M. Amendment Adopted.
8:09 P.M. Members spoke in favor and against Section 1 of motion as amended. Planning
Board member Charles Hornig responded to questions.
8:16 p.m. Charles Horning reported the Planning Board support of Article 5 (4 -1) and
unanimous support on Section 1 of motion.
8:18 P.M. Part 1, as amended, declared Adopted by the Moderator, with more than the required
two - thirds vote.
8:19 P.M. Planning Board member Charles Hornig explained Part 2 and discussion ensued.
Planning Board member Anthony Galaitsis moved the minority report of the Planning Board be
accepted and placed on file. Unanimously adopted. Mr. Galaitsis presented his minority report.
8:25 p.m. Planning Board member Charles Hornig responded to questions from membership on
elements of Part 2 of the motion. Members spoke in support and in opposition, questioning cluster
zoning and waiver provisions.
8:49 p.m. Reid Zurlo, pr.3 moved the question. Motion adopted.
8:49 p.m. After an uncertain voice vote, the Moderator called for a standing vote on Article 5,
Part 2, tallied as follows:
Precinct
Zoning
RO
RS, RT
RD
Type of Development
Conv.
Clus.
Conv.
Clus.
8
10
4
10
Spec.
5
Spec.
12
6
8
DSPB
7
DSPB
5
5. Maximum impervious surface ratio (see §135 -41)
NR*
0.18
NR*
0.25
0.40'
*No requirement for a conventional subdivision as a
8
1
Total
87
78
whole; see § 135 -47D for individual lots
Planning Board member Anthony Galaitsis commented on proposed amendment.
8:07 p.m. Selectman Jeanne Krieger reported the unanimous support of the Board of Selectmen
on the amendment.
8:08 P.M. Amendment Adopted.
8:09 P.M. Members spoke in favor and against Section 1 of motion as amended. Planning
Board member Charles Hornig responded to questions.
8:16 p.m. Charles Horning reported the Planning Board support of Article 5 (4 -1) and
unanimous support on Section 1 of motion.
8:18 P.M. Part 1, as amended, declared Adopted by the Moderator, with more than the required
two - thirds vote.
8:19 P.M. Planning Board member Charles Hornig explained Part 2 and discussion ensued.
Planning Board member Anthony Galaitsis moved the minority report of the Planning Board be
accepted and placed on file. Unanimously adopted. Mr. Galaitsis presented his minority report.
8:25 p.m. Planning Board member Charles Hornig responded to questions from membership on
elements of Part 2 of the motion. Members spoke in support and in opposition, questioning cluster
zoning and waiver provisions.
8:49 p.m. Reid Zurlo, pr.3 moved the question. Motion adopted.
8:49 p.m. After an uncertain voice vote, the Moderator called for a standing vote on Article 5,
Part 2, tallied as follows:
Precinct
Yes
No
1
5
13
2
10
6
3
8
10
4
10
9
5
6
12
6
8
11
7
13
5
8
9
7
9
10
4
AL
8
1
Total
87
78
8:55 p.m. With 87 in favor and 78 in opposition, less than the necessary two - thirds vote, the
Moderator declared the motion under Article 5, Part 2 Not Adopted.
2006Annual Town Meeting, Adjourned Session ofMarch 29, 2006, cont...
8:55 p.m. Presented by Andrew Friedlich, pr.5.
Article 16: AMEND NOISE BY -LAW
MOTION: That §80 -8 of the General By -Laws be amended by adding a new
paragraph E thereto as follows:
E. Any Special Permit issued under Section 80 -8 shall be reviewed in a
hearing by the special permit granting authority (Selectmen or their
designee(s)) within 60 business days of receipt of a written complaint
providing evidence that the limits allowed under the original special permit
have been exceeded, or the conditions imposed proved ineffective or were not
implemented. The Special Permit Granting Authority (SPGA) may take
testimony and other evidence relevant to the complaint. Upon completion of
the review, the SPGA shall decide to: 1) Impose additional conditions which
shall reasonably alleviate the violation, or 2) Revoke said permit if it is
determined that conditions imposed by the selectmen intended to alleviate the
situation prove to be ineffective, or 3) Dismiss the complaint due to lack of
substantial evidence.
8:56 p.m. Sponsor Brian Susnock, 12 Brandon St., explained the motion and purpose.
8:59 p.m. Selectman Jeanne Krieger reported the unanimous opposition of the Board of
Selectmen and explained the Board deemed the current version of the noise bylaw addresses
intent before the meeting.
9:02 p.m. Anthony Galaitsis reported (4 -1) support of the Noise Advisory Committee.
Members spoke in support and opposition and questioned special permits issued, noise
complaints, standard of evidence to trigger a hearing, and role of Lexington Police
Department in by -law enforcement.
9:25 p.m. After an uncertain voice vote, the Moderator called for a standing vote on Article 16,
tallied as follows:
Precinct
Yes
No
1
11
7
2
4
13
3
8
10
4
5
15
5
7
9
6
5
11
7
3
15
8
4
13
9
1
13
AL
3
6
Total
51
112
9:26 p.m. With 51 in favor and 112 in opposition, less than the necessary two - thirds vote, the
Moderator declared the motion under Article 16 Not Adopted.
9:30 p.m. With Article 7 to be discussed on April 5 members questioned availability
of Planning Board Report on the article. Planning Board Member Charles Hornig explained
status of the reports and availability prior to the April 5 th meeting.
9:35 p.m. Selectman Jeanne Krieger moved the meeting be adjourned until 7:30 p.m.,
Wednesday, April 5, 2006, Cary Memorial Building. Unanimously Adopted.
A true copy.
Attest:
Donna M. Hooper, Town Clerk
Adjourned session of the 2006 Annual Town Meeting
April 5, 2006
Moderator Margery M. Baffin called the third session of the 2006 Annual Town Meeting to order at
7:30 p.m., Cary Memorial Building. A quorum of 173 members was present.
The meeting was recessed for a presentation by the Town Meeting Members Association to members
with over thirty years service, and special recognition to member Richard Baffin, having attained 50
years of continuous service. Selectman Norman Cohen recognized Mr. Baffin.
7:41 p.m. The meeting having been called to order, Selectman Jeanne Krieger moved the
Report of the Board of Health be accepted and placed on file. Adopted Unanimously
Chairman Wendy Bernays presented the Report of the Board of Health on Avian flu planning.
7:58 p.m. Anthony Galaitsis moved the Report of the Ad Hoc Committee Under Article 40
Engine Run Up be accepted and placed on file. Adopted Unanimously
Mr. Galaitsis presented the Committee's progress report.
8:04 p.m. Steven Kropper, pr.2, moved the Report of the Energy Conservation Committee be
accepted and placed on file. Adopted Unanimously Mr. Kropper presented an oral report.
8:09 P.M. Presented by Sheila Watson, pr.6.
ARTICLE 7: ZONING BY -LAW, AMEND CD -7 TO CD -13,
STARWOOD HOTELS & RESORTS, 727 MARRETT ROAD
MOTION: That the Code of the Town of Lexington, Zoning By -Law and the Zoning Map of the
Town of Lexington, be amended to change the zoning district designation of that
property commonly known as 727 Marrett Road, Lexington, MA, and more
specifically described in the metes and bounds legal description shown in Exhibit A,
on file with the Board of Selectmen and Town Clerk and incorporated herein, from
the current CD -7, Planned Commercial District to CD -13, Planned Commercial
District to allow construction of a hotel building(s) for all purposes for which a hotel
use is allowed under the Zoning By -Law. The land in the CD Planned Commercial
District shall be subject to the Preliminary Site Development and Use Plan dated
December 28, 2005, revised March 29, 2006, and filed with the Planning Board and
the Town Clerk.
Planning Board Member Charles Hornig disclosed his son's employment at the Sheraton
Hotel and his intent to participate in the vote.
8:10 P.M. John Farrington, Attorney for the proponent, and John Fotiadis, Architect,
Costas, Kondylis and Partners Architects; presented proposed development requiring
requested zoning change.
8:24 p.m. Richard Canale moved the Report of the Planning Board on Article 7 be
accepted and placed on file. Adopted Unanimously
Mr. Canale summarized the report, recommending disapproval of the motion.
8:37 p.m. Selectman Norman Cohen reported the four members present from the Board
of Selectmen were in support of the motion (Kelley absent).
8:44 p.m. Elaine Dratch, pr.5, reported the Transportation Advisory Committee
supported the proposal's transportation mitigation piece.
8:49 p.m. Dawn McKenna, pr.6, reported the unanimous support of the Tourism
Committee.
8:51 p.m. Lisa Baci, pr.4, reported the Sidewalk Committee had taken no position but
did support the transportation mitigation efforts.
8:52 p.m. Loretta Porter, pr.5, questioned the minority report of the Planning Board
8:53 p.m. Planning Board Chairperson Wendy Manz reported the minority's support.
8:59 p.m. Planning Board member Charles Hornig reported support.
9:01 P.M. Executive Director Mary Jo Bohart, Lexington Chamber of Commerce,
reported unanimous support of the Chamber.
Members spoke in support and opposition, questioning traffic, density, and design issues.
9:30 p.m. Director John Ott, National Heritage Museum, spoke in support.
2006Annual Town Meeting, Adjourned Session ofApril 5, 2006
9:39 p.m. Discussion continued, with members speaking in support and opposition.
9:49 p.m. Marsha Baker, pr.7, called the question. Adopted
9:51 p.m. John Farrington summarized for the proponent.
9:51 p.m. The Moderator called for a standing vote on Article 7, tallied as follows
Precinct
Yes
No
1
17
1
2
15
4
3
12
6
4
14
4
5
15
2
6
14
6
7
17
2
8
13
5
9
13
4
AL
7
2
Total
137
36
9:53 p.m. With 137 in favor and 36 in opposition, more than the necessary two - thirds vote, the
Moderator declared the motion under Article 7 Adopted.
9:57 p.m. James Barry, pr. 1, served notice of reconsideration on Article 7.
9:58 p.m. Presented by Ephraim Weiss, pr.5.
ARTICLE 15: AMEND GENERAL BY -LAWS TO CREATE
MOTION: Resolved:
ENERGY COMMITTEE
(1) That the Town Meeting urges the Selectmen to direct the Energy Conservation
Committee to immediately initiate and pursue development of a plan for the prudent energy
management of school and municipal buildings, which will include the following:
a. An inventory of existing operations,
b. A system for tracking utilities and energy use,
c. An analysis of costs and energy use,
d. A schedule for building repair and maintenance, training personnel, and
recordkeeping
e. Periodic reporting to the Board of Selectmen and to the Appropriation Committee.
And further that the Town Meeting urges the Selectmen to direct the Energy Conservation
Committee to issue a report to the Town Meeting Members in a timely manner in advance of
all future Town Meetings. Such reports should contain:
a. Energy Conservation Committee's findings and recommendations on matters related
to energy use;
b. Analysis and recommendations on all energy - related articles, including energy trade-
offs.
(2) That the Town Meeting requests that the Selectmen appoint an ad hoc Institutional Task
Force for the purpose of exploring alternative institutional means for ensuring that funds
appropriated by the Town Meeting for maintenance, repair and energy conservation in the
Town's public schools are used only for the purpose intended. Such means may include
possible changes to the Town's By -Laws, or requesting special legislation before the
Massachusetts General Court;
That the ad hoc Institutional Task Force shall consist of five members: one each from the
Board of Selectmen, the School Committee, and the TMMA Executive Committee, and two
individuals with at least ten years experience in town government and with town budgets;
And that the ad hoc Institutional Task Force be charged with reporting its findings and
recommendations prior to the next Annual Town Meeting, after which it shall be discharged.
10:00 P.M. Andrew Friedlich, pr.5, questioned if the current motion is within the scope of
the Article. Moderator Margery Battin affirmed a resolution can be made in place of the
original bylaw change proposed.
Ephraim Weiss explained the revised motion, a resolution, and requested the motion be
divided and voted upon separately.
2006Annual Town Meeting, Adjourned Session ofApril 5, 2006
10:02 p.m. Thomas Diaz, pr.2, moved the following amendment:
AMENDMENT:
Change the sentence in Part 1 to read;
e. "Periodic reporting to the Board of Selectmen, the School Committee, the
Appropriation Committee, and the Capital Expenditures Committee."
Change the first sentence in Part 2 to read:
(2) That the Town Meeting requests that the Selectmen appoint an ad hoc
Institutional Task Force for the purpose of exploring alternative
institutional means for ensuring that funds appropriated by the Town
Meeting for maintenance, repair and energy conservation in the
Town's public school and municipal buildings are used for the purpose
intended.
Change the sentence in part 2 to read:
That the ad hoc Institutional Task Force shall consist of five members:
one each from the Board of Selectmen, the School Committee, and
Town Meeting, and two individuals with at least ten years experience
in town government and with town budgets;
10:04 p.m. Vote on Part 1 Amendment - Adopted
10:05 p.m. Selectman Jeanne Krieger reported the unanimous support of the Board of
Selectmen on the motion under Part 1 as amended, and advised this is the intent of the
Energy Committee.
10:06 p.m. School Committee member Tom Diaz reported the unanimous support of the
School Committee for Part 1 as amended.
10:07 p.m. Alan Levine reported the Appropriation Committee was taking no position.
10:07 p.m. Vote on Part 1 as amended — Motion Adopted
Ephraim Weiss reviewed Part 2 of the motion.
10:15 p.m. Members questioned School Committee authority and Ephraim Weiss
reiterated the intent of the motion.
10:19 P.M. Vote on Part 2 of Amendment by Mr. Diaz — Motion Adopted
10:20 p.m. Selectman Jeanne Krieger reported the support of the Board of Selectmen, by
a majority vote of members present, for Part 2 as amended.
10:20 p.m. Thomas Diaz reported the endorsement of the School Committee (3 -2) on
Part 2, as amended.
Thomas Griffiths, pr.7, spoke on the minority opinion of the School
Committee and on energy conservation measures taken by the schools.
10:25 p.m. Members spoke in support and opposition to Article 15, Part 2 as amended,
and on the authority of the School Committee over the school budget.
10:43 p.m. Vote on Part 2, as amended, tallied as follows:
Precinct
Yes
No
1
11
5
2
6
7
3
10
8
4
6
11
5
11
5
6
8
12
7
9
9
8
3
12
9
8
6
AL
6
3
Total
78
78
10:48 p.m. With 78 in favor and 78 in opposition, the Moderator declared the motion under
Article 15, Part 2 Not Adopted. Charles Lamb, pr.4, served notice of reconsideration on Article 15.
10:48 p.m. Selectman Jeanne Krieger moved the meeting be adjourned until 7:30 p.m., Monday,
April 10, 2006, Cary Memorial Building. Motion Adopted
A true copy.
Attest:
Donna M. Hooper, Town Clerk
Adjourned session of the 2006 Annual Town Meeting
April 10, 2006
Moderator Margery M. Battin called the fourth session of the 2006 Annual Town Meeting to
order at 7:30 p.m., Cary Memorial Building. A quorum of 175 members was present.
7:33 p.m. The Moderator called a recess for award presentation.
LHS Principal Michael Jones and Representative Jay Kaufman presented the awards
to Lexington High School students.
Representative Jay Kaufman presented the recently awarded League of Women
Voters Unsung Hero Award to Angela `Jere' Frick.
ARTICLE 2: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES
7:53 p.m. Selectman Jeanne Krieger moved the Report of the Town Manager be
accepted and placed on file. Unanimously Adopted
7:54 p.m. Town Manager Carl Valente presented the Report of the Town Manager.
NOTE: June 5, 2006Propositlon 2
8:24 p.m. Presented by Selectman Jeanne Krieger. r override vote partiall defeated.
ARTICLE 17: APPROPRIATE FY2007 OPERATING BUDGET
MOTION: That the following amounts be appropriated for the ensuing fiscal year and be raised
in the tax levy or from general revenues of the Town except where a transfer or other
source is indicated they shall be provided by such transfer or other source.
Additional FY 2007
Appropriation, Contingency
FY 2007 Contingent on Budget $
Budget Override Vote (Informational
$ $ Purposes Only)
Program 1000: Education
1100 Lexington Public Schools 61,655,492 3,774,986 65,430,478
(And further that the School Department is authorized to enter into equipment lease /purchase
agreements from time to time provided that each such agreement is subject to annual appropriations.)
1200 Regional School 1,024,817 1,024,817
Program 2000: Shared Expenses
2100 Benefits
2110 Contributory Retirement
3,342,331
3,342,331
2120 Non - contributory Retirement
4,582,226 211,000 4
4,793,226
3600 Transportation Personal Services
62,000
62,000
2130 Group Insurance
18,127,285
185,330 2 18,312,615
2140 Unemployment
70,000
70,000
2150 Workers Compensation*
190,000
190,000
2160 Property & Liability Insurance
625,335
625,335
2170 Uninsured Losses*
35,000
35,000
2180 Post - Employment Health Benefits
2200 Debt Service
2210 Payment on Funded Debt
2,837,006
2,837,006
2220 Interest on Funded Debt
634,097
634,097
2230 Temporary Borrowing
248,958
248,958
2300 Reserve Fund
2300 Reserve Fund
400,000
400,000
Program 3000: Community Services
3100 -3500 DPW Personal Services
3,097,036 57,500 3
3,154,536
3100 -3500 DPW Expenses
4,582,226 211,000 4
4,793,226
3600 Transportation Personal Services
125,305
125,305
3600 Transportation Expenses
322,182 50,000 5
372,182
Program 4000: Public Safety
4100 Law Enforcement Personal Services 4,074,149 74,317 6 4,148,466
2006Annual Town Meeting, Adjourned Session ofApril 10, 2006, cont...
4100 Law Enforcement Expenses
4200 Fire/Medical Personal Services
4200 Fire/Medical Expenses
Program 5000: Culture & Recreation
5100 Library Personal Services
5100 Library Expenses
Program 6000: Social Services
6100 -6200 Social Services Personal Services
6100 -6200 Social Services Expenses
Program 7000: Community Development
7100 Community Development Personal Services
7100 Community Development Expenses
7200 Planning Personal Services
7200 Planning Expenses
7300 Economic Development Personal Services
7300 Economic Development Expenses
Program 8000: General Government
8100 Board of Selectmen
8110 Board of Selectmen Personal Services
8110 Board of Selectmen Expenses
8120 Legal Services
8130 Town Report
8200 Town Manager
8210 -8220 Town Manager Personal Services
1,462,728 100,577 9
447,567 19,423 10
369,216
277,800 9,125
694,454 44,260
60,019
204,032
8,450
36,699 58,500
69,643
62,681
69,150
350,000
6,500
403,042 67,500
15
FY 2007
Contingency
Budget $
(Informational
Purposes Only
462,989
4,090,640
448,123
8210 -8220 Town Manager Expenses 130,067 26,000
8230 Salary Transfer Account* 241,903
(As authorized by the Town Manager with approval of the Board of Selectmen.)
8300 Town Committees
1,563,305
466,990
369,216
286,925
738,714
60,019
204,032
8,450
95,199
69,643
62,681
69,150
350,000
6,500
470,542
156,067
241,903
8310 Finance Committees
Additional
Appropriation
FY 2007
, contingent
Budget $
on Override
8330 Public Celebration Committee
Vote $
415,989
47,000 7
4,090,640
953,502
403,311
44,812 8
1,462,728 100,577 9
447,567 19,423 10
369,216
277,800 9,125
694,454 44,260
60,019
204,032
8,450
36,699 58,500
69,643
62,681
69,150
350,000
6,500
403,042 67,500
15
FY 2007
Contingency
Budget $
(Informational
Purposes Only
462,989
4,090,640
448,123
8210 -8220 Town Manager Expenses 130,067 26,000
8230 Salary Transfer Account* 241,903
(As authorized by the Town Manager with approval of the Board of Selectmen.)
8300 Town Committees
1,563,305
466,990
369,216
286,925
738,714
60,019
204,032
8,450
95,199
69,643
62,681
69,150
350,000
6,500
470,542
156,067
241,903
8310 Finance Committees
1,500
1,500
8320 Misc. Boards and Committees
8,755
8,755
8330 Public Celebration Committee
28,500
28,500
8400 Finance Personal Services
953,502
953,502
8400 Finance Expenses
253,579
11,121 16
264,700
8500 Town Clerk Personal Services
271,791
20,000 17
291,791
8500 Town Clerk Expenses
72,625
1,000 18
73,625
8600 MIS Personal Services
108,371
72,100 19
180,471
8600 MIS Expenses
279,050
279,050
and that the Town transfer the following sums
to meet, in part, appropriations
made at this
Town Meeting:
$340,000 from the Parking Meter Fund for line -items 3100 -3500, 3600 and 4100;
$100,000 from the Cemetery Trust Fund for line item 3100 -3500;
$23,000 from Receipts Reserved for Appropriations for line -item 3600;
$2,000,000 from Unreserved Fund Balance /Free Cash; $918,613 from the Water Enterprise Fund;
$774,300 from the Sewer Enterprise Fund; and $134,400 from the Recreation Enterprise Fund.
Items marked with an ( *) are Continuing Balance Accounts.
Supplemental Information:
The $4,891,751 of contingent appropriations contained within this motion are to be divided in the following manner:
1 $3,774,986 for the Lexington Public Schools for basic, enhanced and preventative maintenance services.
2 $202,530 for related employee benefits costs
3 $57,500 for a Highway Superintendent
4 $211,000 for the CRT recycling program, yard -waste pick -up program, building maintenance services & programs
equipment and tree planting
5 $50,000 for Lexpress transportation services
6 $74,317 for Police administrative personnel and officers.
2006Annual Town Meeting, Adjourned Session ofApril 10, 2006, cont
' $47,000 for Police equipment & materials
s $44,812 for Fire equipment & materials
9 &'o $120,000 for Library Services & Hours
" $9,125 for Social Services programs & materials
12 $44,260 for Conservation and Inspectional personnel
's $58,500 for Economic Development personnel
14 $67,500 for Human Resources personnel
15 $26,000 for Organizational Training and Committee Support
16 $11,121 for Finance Programs /Audit Support
1' $20,000 for Archival/Records Management personnel
18 $1,000 for Town Clerk programs
'9 $72 100 for MIS personnel
8:25 p.m. Selectman Jeanne Krieger summarized the budget process and reported the
support of a majority of the Board of Selectmen for Article 17.
Selectman Richard Pagett presented a minority report.
Members questioned the school budget procedures.
8:30 p.m. Alan Levine, Chair of the Appropriation Committee, reported a majority of
the Appropriation Committee recommends support of Article 17.
Appropriation Committee member Paul Hamburger presented a minority opinion.
8:37 p.m. School Committee Chairman Helen Cohen reported the unanimous support of
the School Committee for Article 17, and 4 -1 vote of support on the Article with amendment
to be proposed. Superintendent of Schools Paul Ash presented requested School Department
funding.
9:05 p.m. Olga Guttag presented a minority report of the School Committee.
9:07 p.m. James Goell, 6 Boxwood Lane, spoke from the audience on budget tightening.
9:32 p.m. After a 15 minute recess Fred Rosenberg, pr.9, spoke on his plans to propose
an amendment to line item 1100 .
9:38 p.m. Fred Rosenberg, pr. 9, moved the following amendment:
AMENDMENT: That the Main Motion under Article 17 be amended by increasing
the amount appropriated in Line Item 1100 (Lexington Public Schools) in the FY2007
budget (not contingent on override vote) by an additional sum of $674,877 and
reducing the additional appropriation contingent on an override vote by $674,877,
thus maintaining the FY2007 Contingency Budget of $65,430,478 and that Town
Meeting recommends said sum be allocated in the FY2007 budget to the following
expenditures:
3 -5 Spanish Program $385,377
Honors, Level 1 & 2 Science classes
(retain 6 classes per week) $153,000
Debate Travel Budget $ 15,000
4/5 Elementary Instrumental Music $121,500
Total: $674,877
And further recommends that to meet this additional appropriation in the FY2007
budget of Line Item 1100, the Town raise the following amounts:
Increase fees for school related activities or services
Total: $674,877
------------------ - - - - --
9:40 p.m. Chairman Helen Cohen reported the School Committee's opposition to the
amendment (4 -1).
9:43 p.m. Chairman Jeanne Krieger reported a majority of the Board of Selectmen
opposes the amendment.
9:44 p.m. Appropriation Committee Chairman Alan Levine spoke to the issues with
proposed fees and revenue projected, and on unanimous opposition of the Appropriation
Committee to the Amendment.
2006Annual Town Meeting, Adjourned Session ofApril 10, 2006, cont...
Alan Levine moved the Report of the Appropriation Committee be accepted and placed on
file. Unanimously Adopted
9:46 p.m. Members spoke in support and opposition to the amendment, questioning fee
changes and the role of Town Meeting and Town Committees.
10:01 P.M. Jeffrey Crampton, 7 Lockwood Road, spoke in support from the audience.
10:02 p.m. Members continued to question program fees and proposed changes.
10:07 p.m. Ephraim Weiss, pr.5, moved to extend the time for debate until 10:30 p.m.
Motion Not Adopted
10:08 P.M. The Moderator declared the Amendment Not Adopted.
10:09 P.M. Members further questioned requested school funding and breakdown in
numbers. Superintendent Paul Ash responded.
10:28 p.m. Questions were raised on health benefit costs covered in school and municipal
budgets. These issues were addressed by Selectman Krieger and Cohen.
10:34 p.m. Selectman Jeanne Krieger moved the meeting be adjourned until 7:30 p.m.,
Monday, April 24, 2006, Cary Memorial Building. Motion Adopted
A true copy.
Attest:
Donna M. Hooper, Town Clerk
Adjourned session of the 2006 Annual Town Meeting
April 24, 2006
Moderator Margery M. Battin called the fifth session of the 2006 Annual Town Meeting to
order at 7:30 p.m., Cary Memorial Building. A quorum of 167 members was present.
7:33 p.m. The Moderator declared a recess for the Joyce Miller, Conservation
Commission and Stewart Kennedy, Bicycle Advisory Committee, presentation to recognize
Mike Tabaczynski for his trail building efforts.
ARTICLE 2: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES
9:39 p.m. Selectman Jeanne Krieger moved the Report of the Selectmen on the Progress
of Town Meeting be accepted and placed on file. Unanimously Adopted
Selectman Krieger reported an interest to complete Town Meeting April 26
7:40 p.m. Chairman Alan Levine presented the report of the Appropriation Committee
filed with the Town Clerk in an earlier meeting. Mr. Levine reported a
majority of the Appropriation Committee supports the FY2007 budget.
7:51 p.m. Scott Burson, pr.4, former Trustee of Cary Library, moved the combined
Report of the Trustees of Cary Library and Foundation be accepted and placed on file.
Unanimously Adopted
8:06 p.m. Selectman Hank Manz moved the Report of the Commission on Disability be
accepted and placed on file. Unanimously Adopted
Chairman Victoria Buckley presented the Commission's Report.
8:11 P.M. Selectman Hank Manz moved the Report of the Transportation Advisory
Committee be accepted and placed on file. Unanimously Adopted
Chairman Sara Arnold presented the Committee's Report.
2006Annual Town Meeting, Adjourned Session ofApril 24, 2006, cont...
ARTICLE 17: APPROPRIATE FY2007 OPERATING BUDGET
(see April 10, 2006 motion)
8:18 P.M. Ephraim Weiss, pr.5, moved the following amendment:
AMENDMENT:
(a) That the Main Motion under Article 17 be amended by increasing the amount
appropriated in Line Item 1100 (Lexington Public Schools) in the FY 2007 budget (not
contingent on override vote) by an additional sum of $177,216 and reducing the additional
appropriation contingent on an override vote by $177,216, thus maintaining the FY2007
Contingency Budget of $65,430,478 and that Town Meeting recommends said sum be
allocated in the FY2007 budget to the following expenditures:
Additional Cuts to be found $177,216
and further recommends that to meet this additional appropriation in the
FY2007 budget of Line Item 1100, the Town raise the following amounts:
Increase fees for school related $177,216
activities or services
(b) Town Meeting recommends that the School Committee adopt adjustments to the
proposed at risk list that would protect the following Fundamental Core Curriculum
Programs:
3 -5 Spanish Program $385,377
Honors, Level 1 & 2 Science classes
(retain 6 classes per week) $153,000
Debate Travel Budget $ 15,000
4/5 Elementary Instrumental Music $ 121,500
Total: $674,877
And that in order to maintain the total at risk list, the School Committee put at risk instead the
following:
4/5 Elementary Instrumental Music $121,500
After school activities $553,377
Total: $674,877
And further recommends that in the event the override does not pass, these two programs be
maintained and funded through implementation of user fees.
------------------- - - - - --
8:21 p.m. Dawn McKenna, pr. 6, presented justification for requested action.
8:25 p.m. Chairman Helen Cohen reported opposition to the amendment by a majority
of the School Committee.
8:28 p.m. Chairman Jeanne Krieger reported opposition to the amendment by a majority
of the Board of Selectmen.
8:29 p.m. School Committee member Olga Guttag presented a minority report in
support of Part B of the amendment.
8:32 p.m. Chairman Alan Levine reported a majority of the Appropriation Committee
opposes Part A of the amendment (3 -2) and Part B of the amendment (4 -1).
8:32 p.m. Members questioned if this amendment was sufficiently different to the
amendment defeated at the last meeting. The Moderator ruled the
amendments to differ.
Discussion continued on choice of items to be funded contingent upon a
proposition 2 '/z override vote.
8:42 p.m. Selectman Richard Pagett reported his minority support for the Amendment,
Parts A & B.
8:46 p.m. Following further discussion on proposed amendment and associated fees,
Edith Sandy, pr.6, moved to extend debate beyond the 30 minutes.
Motion Not Adopted
8:52 p.m. Part "A" of Weiss amendment — Not Adopted
Part `B" of Weiss amendment — Not Adopted
8:53 p.m. Chairman Helen Cohen reported the unanimous support of the School
Committee on line item 1100
8:54 p.m. Marjorie Dagett, representative to the School Committee of the Minuteman
Regional Vocational High School, explained requested funding for line item
1200 Regional Schools.
2006Annual Town Meeting, Adjourned Session ofApril 24, 2006, cont...
9:03 p.m. School Committee member Thomas Diaz moved the following amendment to
line item 2130:
AMENDMENT: In Article 17, line item 2130, "Group Insurance" substitute
the amount $185,330 for $202,530 under the column "Additional
Appropriation Contingent on Override Vote ".
Mr. Diaz reported this is a housekeeping amendment to reflect needed group
insurance funds.
9:04 p.m. Diaz Amendment Unanimously Adopted
9:05 p.m. Members questioned insurance expenses for school and municipal operations.
Town Manager Carl Valente reported the Selectmen and School Committee
will be starting discussions on position to take regarding bargaining on group
insurance offerings.
9:25 p.m. Additional discussion on insurance costs and breakdown ensued.
9:29 p.m. Chairman Alan Levine reported the majority of the Appropriation Committee
supports Article 17.
9:29 p.m. Vote on Article 17 — Motion Adopted
9:29 p.m. Alan Levine, pr.8, served notice of reconsideration on Article 17.
Thomas Diaz, pr. 2, served notice of reconsideration on Article 17, line 1100.
9:30 p.m. Presented by Selectman Richard Pagett.
ARTICLE 18: APPROPRIATE FY2007 ENTERPRISE FUNDS BUDGETS
MOTION: a) That the Town appropriate the following sums of money to operate the Water
Division of the Department of Public Works during fiscal year 2007; under the provisions of
M.G.L. chapter 44, section 53F' /z:
Salaries $ 580,799
Expenses 716,835
MWRA Assessment 4,341,830
Debt Service (non- exempt) 398,671
Total $6,038,135
And to authorize the Board of Selectmen to transfer $918,613 from the water enterprise fund to the general fund
for indirect water expenses appropriated in the general fund.
Said sum to be funded from water receipts.
b) That the Town appropriate the following sums of money to operate the Wastewater (Sewer) Division of the
Department of Public Works during fiscal year 2007; under the provisions of M.G.L. chapter 44, section 53F'/2:
Salaries $ 241,161
Expenses 478,972
MWRA Assessment 5,782,838
Debt Service (non- exempt) 351,643
Total $6,854,614
And to authorize the Board of Selectmen to transfer $774,300 from the wastewater enterprise fund to the
general fund for indirect wastewater expenses appropriated in the general fund.
Said sum to be funded from wastewater receipts.
c) That the Town appropriate the following sums of money to operate the Recreation Department during fiscal
year 2007; under the provisions of M.G.L. chapter 44, section 53F'/2:
Salaries
$ 558,526
Expenses
899,978
Debt Service (non- exempt)
168,000
Total
$1,626,504
And to authorize the Board of Selectmen to transfer $234,400 from the recreation enterprise fund to the general
fund for indirect recreation expenses appropriated in the general fund.
Said sum to be funded from recreation receipts.
-----------------------------
9:30 p.m. Selectman Pagett reported the unanimous support of the Board of Selectmen.
9:33 p.m. Loren Wood, pr.3, Chairman of the Ad Hoc Water and Sewer Rate Study
Committee, presented the report of the Committee.
2006Annual Town Meeting, Adjourned Session ofApril 24, 2006, cont...
9:36 p.m. Paul Chernick, pr.6, spoke on restoration of PILOTS (payment in lieu of
taxes).
9:38 p.m. Members questioned the phasing out of depreciation.
9:39 p.m. Eric Michelson, pr. 1, reported the Appropriation Committee was unanimous
in recommending approval.
9:40 p.m. Motion Unanimously Adopted.
9:41 p.m. Presented by Selectman Peter Kelley.
ARTICLE 19: APPROVE SENIOR TAX RELIEF
(Accept Chapter 59, Section 5, Clause 41C)
MOTION: That for FY2007 the maximum tax exemption allowed under Section
5, Clause 41C of Chapter 59 of the Massachusetts General Laws be
increased to $1,000.
9:41 p.m. Alan Levine, pr.8, served notice of reconsideration on Article 18 and reported
the Appropriation Committee was unanimously in support of Article 19.
9:41 p.m. Victoria Blier, pr.9, Chairman of the Tax Deferral and Exemption Study
Committee, explained requested action.
9:44 p.m. Motion Unanimously Adopted.
9:45 p.m. Presented by Selectman Norman Cohen.
ARTICLE 20: ESTABLISH PROPERTY TAX DEFERRAL INTEREST RATE
FOR FY2007
MOTION: That for FY2007 and thereafter the interest rate for owners of
real property who have entered into a tax deferral and recovery agreement as
provided by Clause 41A of Section 5 of Chapter 59 of the Massachusetts
General Laws shall be the monthly 1 -year constant maturity treasury rate for
the first week of March prior to the applicable fiscal year as published by the
Federal Reserve, or eight percent, whichever rate is lower.
9:45 p.m. Norman Cohen reported the unanimous support of the Board of Selectmen.
9:45 p.m. Victoria Blier, Chairman of the Tax Deferral and Exemption Study
Committee, explained requested action.
9:49 p.m. Alan Levine, Chairman, reported the unanimous support of the Appropriation
Committee.
9:49 p.m. Motion Unanimously Adopted.
9:49 p.m. Charles Lamb, pr.4, served notice of reconsideration on Articles 19 & 20.
Selectman Peter Kelley moved Articles 21 & 22 be taken up together and voted separately.
Motion Adopted
9:50 p.m. Presented by Selectman Peter Kelley.
Selectman Peter Kelley reported the unanimous support of the Board of
Selectmen for Articles 21 & 22. Alan Levine reported the unanimous support of the
Appropriation Committee for Articles 21 & 22.
ARTICLE 21: RESCIND MGL CHAPTER 59, SECTION 5K
(PROPERTY TAX WORK -OFF PROGRAM)
MOTION: That the Town hereby revokes its acceptance of
Section 5K of Chapter 59 of the Massachusetts General Laws.
9:53 p.m. Motion Unanimously Adopted.
ARTICLE 22: APPROPRIATE FOR SENIOR SERVICE PROGRAM
MOTION: That the Town appropriate $25,000 for the purpose of conducting a
Senior Service Program, to be spent under the direction of the Town Manager;
that to meet this appropriation $25,000 be raised in the tax levy; and that the
Board of Selectmen be authorized to establish rules and regulations for the
conduct of the program.
9:53 p.m. Motion Unanimously Adopted.
9:53 p.m. Alan Levine, pr.8, served notice of reconsideration on Articles 21 & 22.
2006Annual Town Meeting, Adjourned Session ofApril 24, 2006, cont...
9:54 p.m. Presented by Selectman Jeanne Krieger.
ARTICLE 23: CONTINUE DEPARTMENTAL REVOLVING FUNDS
MOTION: That the Town continue revolving funds for certain Town departments
pursuant to the provisions of M.G.L. chapter 44, section 53E'/z for the fiscal year
beginning July 1, 2006:
9:54 p.m. Jeanne Krieger reported the support of the majority of the Board of Selectman.
Alan Levine, pr. 8, reported the unanimous support of the Appropriation Committee.
9:55 p.m. Members questioned revenue from the tree fund.
9:56 p.m. Motion Unanimously Adopted.
9:57 p.m. Alan Levine, pr.8, served notice of reconsideration on Article 23.
9:58 p.m. Presented by Selectman Norman Cohen.
ARTICLE 24: ACCEPT CHAPTER 157 OF THE ACTS OF 2005
MOTION: That the Town hereby accepts (a) Subdivision (2)(e) of Section 7 of
Chapter 32 of the Massachusetts General Laws as inserted by Section 1 of Chapter
157 of the Acts of 2005 and (b) Section 2 of Chapter 157 of the Acts of 2005.
9:58 p.m. Norman Cohen explained the additional retirement allowance for veterans on
disability and reported the unanimous support of the Board of Selectmen.
9:58 p.m. Robert Cunha, pr.2, spoke in favor and responded to questions on behalf of
the Retirement Board
10:01 P.M. Richard Eurich reported the support of the Appropriation Committee (8 -1) on
section 1, and (7 -2) on section 2.
10:03 p.m. Motion Unanimously Adopted.
10:04 p.m. Selectman Richard Pagett moved to defer action on Article 25 until after
Article 28. Motion Unanimously Adopted.
10:04 p.m. Presented by Dawn McKenna, pr.6.
ARTICLE 26: APPROPRIATE FOR OUTDOOR SOUND SYSTEM
MOTION: That this article be indefinitely postponed.
10:05 p.m. Motion Unanimously Adopted
10:06 p.m. Selectman Peter Kelley moved Article 29 be taken up. Unanimously Adopted
10:06 p.m. Presented by Selectmen Peter Kelley.
ARTICLE 29: APPROPRIATE FOR WATER DISTRIBUTION
IMPROVEMENTS
MOTION: That the Selectmen be and they hereby are authorized to install new water
mains and replace or clean and line existing water mains in such accepted or unaccepted
streets or other land as the Selectmen may determine, subject to the assessment of betterments
or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee,
easement or other interest in land necessary therefor; to appropriate $900,000 for such
installation and lining and land acquisition; and to meet this appropriate the Treasurer with
the approval of the Board of Selectmen is authorized to borrow $900,000 under M.G.L. c.44
§8 or any other enabling authority; and that the Treasurer with the approval of the Board of
Selectmen is authorized to borrow all or a portion of such amount from the Massachusetts
Water Resources Authority and in connection therewith to enter into a loan agreement and/or
security agreement.
FY2007
Revolving Fund
Authority to Spend
Revenue Source
Use of Fund
Budget
DPW Burial
Public Works
Sale of Grave
Program
$33,000
Containers
Director
Boxes and Burial
Expenses
Vaults
DPW Compost
Public Works
Sale of Compost
Personnel,
$200,000
Operation
Director
and Loam, Yard
Benefits and
Waste Permits
Program
Expenses
CATV
Board of Selectmen
License Fees from
PEG Contract and
$400,000
Operations
and Town Manager
Cable TV
Related Expenses
Providers
Tree Fund
Board of Selectmen
Gifts and Fees
Program
$75,000
Expenses
9:54 p.m. Jeanne Krieger reported the support of the majority of the Board of Selectman.
Alan Levine, pr. 8, reported the unanimous support of the Appropriation Committee.
9:55 p.m. Members questioned revenue from the tree fund.
9:56 p.m. Motion Unanimously Adopted.
9:57 p.m. Alan Levine, pr.8, served notice of reconsideration on Article 23.
9:58 p.m. Presented by Selectman Norman Cohen.
ARTICLE 24: ACCEPT CHAPTER 157 OF THE ACTS OF 2005
MOTION: That the Town hereby accepts (a) Subdivision (2)(e) of Section 7 of
Chapter 32 of the Massachusetts General Laws as inserted by Section 1 of Chapter
157 of the Acts of 2005 and (b) Section 2 of Chapter 157 of the Acts of 2005.
9:58 p.m. Norman Cohen explained the additional retirement allowance for veterans on
disability and reported the unanimous support of the Board of Selectmen.
9:58 p.m. Robert Cunha, pr.2, spoke in favor and responded to questions on behalf of
the Retirement Board
10:01 P.M. Richard Eurich reported the support of the Appropriation Committee (8 -1) on
section 1, and (7 -2) on section 2.
10:03 p.m. Motion Unanimously Adopted.
10:04 p.m. Selectman Richard Pagett moved to defer action on Article 25 until after
Article 28. Motion Unanimously Adopted.
10:04 p.m. Presented by Dawn McKenna, pr.6.
ARTICLE 26: APPROPRIATE FOR OUTDOOR SOUND SYSTEM
MOTION: That this article be indefinitely postponed.
10:05 p.m. Motion Unanimously Adopted
10:06 p.m. Selectman Peter Kelley moved Article 29 be taken up. Unanimously Adopted
10:06 p.m. Presented by Selectmen Peter Kelley.
ARTICLE 29: APPROPRIATE FOR WATER DISTRIBUTION
IMPROVEMENTS
MOTION: That the Selectmen be and they hereby are authorized to install new water
mains and replace or clean and line existing water mains in such accepted or unaccepted
streets or other land as the Selectmen may determine, subject to the assessment of betterments
or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee,
easement or other interest in land necessary therefor; to appropriate $900,000 for such
installation and lining and land acquisition; and to meet this appropriate the Treasurer with
the approval of the Board of Selectmen is authorized to borrow $900,000 under M.G.L. c.44
§8 or any other enabling authority; and that the Treasurer with the approval of the Board of
Selectmen is authorized to borrow all or a portion of such amount from the Massachusetts
Water Resources Authority and in connection therewith to enter into a loan agreement and/or
security agreement.
2006Annual Town Meeting, Adjourned Session ofApril 24, 2006, cont...
10:06 p.m. Peter Kelley reported the support of the Board of Selectmen.
10:06 p.m. Alan Levine reported the unanimous support of the Appropriation Committee.
Members questioned coordination of projects.
10:10 P.M. Motion Declared Unanimously Adopted by the Moderator.
10:10 P.M. Charles Lamb served notice of reconsideration of Article 29.
10:11 P.M. Presented by Selectman Richard Pagett.
ARTICLE 30: APPROPRIATE FOR WATER METERS
MOTION: That $500,000 be appropriated to complete the purchase of an
automated water meter reading system for the Department of Public Works; and that
to meet this appropriation the Treasurer, with the approval of the Board of Selectmen,
is authorized to borrow $500,000 under M.G.L. c.44, §8 or any other enabling
authority.
10:11 P.M. Selectman Pagett reported unanimous support of the Board of Selectmen.
10:12 p.m. Ted Edson reported the unanimous support of the Capital Expenditures
Committee.
10:12 p.m. Alan Levine reported the unanimous support of the Appropriation Committee.
10:13 p.m. Motion Declared Unanimously Adopted by the Moderator.
10:14 p.m. Charles Lamb served notice of reconsideration of Article 30.
10:16 p.m. Presented by Selectman Peter Kelley.
ARTICLE 31: APPROPRIATE FOR SEWER IMPROVEMENTS
MOTION: That the Selectmen be and they hereby are authorized to install sewer
mains and sewerage systems and replacements thereof in such accepted or unaccepted
streets or other land as the Selectmen may determine, subject to the assessment of
betterments or otherwise, in accordance with Chapter 504 of the Acts of 1897, and
acts in addition thereto and amendment thereof, or otherwise, and to take by eminent
domain, purchase or otherwise acquire any fee, easement or other interest in land
necessary therefor; to appropriate for such installation and land acquisition the sum of
$300,000 and to raise such amount the Treasurer with the approval of the Board of
Selectmen is authorized to borrow $300,000 under M.G.L. c.44, §7(1) or any other
enabling authority; and that the Treasurer with the approval of the Board of
Selectmen is authorized to borrow all or a portion of such amount from the
Massachusetts Water Resources Authority and in connection therewith to enter into a
loan agreement and /or security agreement.
10:14 p.m. Peter Kelley reported the support of the Board of Selectmen.
10:15 p.m. Ted Edson reported unanimous support of Capital Expenditures Committee.
10:15 p.m. Alan Levine reported the unanimous support of the Appropriation Committee.
10:16 p.m. Motion Declared Unanimously Adopted by the Moderator.
10:17 p.m. Norman Cohen moved to take up Article 34. Unanimously Adopted.
10:17 p.m. Charles Lamb served notice of reconsideration of Article 31.
10:17 p.m. Presented by Selectman Norman Cohen.
ARTICLE 34: APPROPRIATE FOR FISKE SCHOOL CONSTRUCTION
MOTION: That $250,000 be appropriated for the construction of the Fiske
Elementary School, including original equipment and landscaping, paving and other
site improvements incidental or directly related to said construction, to be spent under
the direction of the Permanent Building Committee; and that to raise such amount
$250,000 be transferred from the Unreserved Fund Balance.
10:19 P.M. Ravi Sakhuja reported the unanimous support of the School Committee
10:19 P.M. Charles Lamb, pr.4, reported unanimous support of Appropriation Committee.
10:19 P.M. Alan Levine, pr.8, reported unanimous support of the Capital Expenditures
Committee.
10:19 P.M. Motion Unanimously Adopted.
10:21 p.m. Thomas Griffiths, pr.7, moved Article 33 be taken up. Motion Adopted.
10:21 p.m. Presented by Thomas Griffiths, pr.7.
ARTICLE 33: APPROPRIATE FOR SCHOOL ADMINISTRATION BUILDING
MOTION: That this article be indefinitely postponed.
10:23 p.m. Hank Manz, pr.9, reported the unanimous support of the Board of Selectmen.
10:27 p.m. Norman Cohen moved Article 39 be taken up. Motion Adopted.
ARTICLE 39: APPROPRIATE FOR POST EMPLOYMENT BENEFITS
MOTION: That this article be indefinitely postponed.
10:27 p.m. Alan Levine, pr.8, reported the unanimous support of the Appropriation
Committee.
10:27 p.m. Motion Unanimously Adopted.
10:29 p.m. Charles Lamb served notice of reconsideration of Article 34.
10:30 p.m. Selectman Jeanne Krieger moved the meeting be adjourned until 7:30 p.m.,
Wednesday, April 26, 2006 at the Cary Memorial Building. Motion Unanimously Adopted.
A true copy.
Attest:
Donna M. Hooper, Town Clerk
Adjourned session of the 2006 Annual Town Meeting
April 26, 2006
Moderator Margery M. Battin called the sixth session of the 2006 Annual Town Meeting to
order at 7:30 p.m., Cary Memorial Building. A quorum of 154 members was present.
A moment of silence was held in memory of former Town Meeting Member Charles Durkin
who recently passed away.
7:33 p.m. The Moderator called a recess for presentations from Superintendent Paul Ash
for the Sharon Wong Chan and Sara Harrington Diversity Award; and the Michael Wagner
Technology Award presented by Gail Wagner to Shelley Chamberlain.
ARTICLE 2: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES
7:42 p.m. Selectman Jeanne Krieger moved the Report of the Board of Selectmen on the
Progress of Town Meeting be accepted and placed on file. Unanimously Adopted.
7:43 p.m. Charles Lamb, pr.4, moved the Report of the Capital Expenditures Committee
be accepted and placed on file. Unanimously Adopted.
Mr. Lamb presented the report of the Committee.
7:55 p.m. Sandra Shaw moved the Report of the Recreation Committee be accepted and
placed on file. Unanimously Adopted. Mrs. Shaw presented the report of the Committee.
8:01 P.M. Presented by Sandra Shaw, pr.4.
ARTICLE 27: APPROPRIATE FOR RECREATION CAPITAL PROJECTS
MOTION: That the following amounts be appropriated for the following
capital improvements and that each amount be raised as indicated:
a. Center Playground - That $225,000 be appropriated for the cost of constructing outdoor
recreational facilities (Center Playground) for the Recreation Department and all incidental
costs related thereto, and to meet this appropriation the Treasurer, with the approval of the
Board of Selectmen, is authorized to borrow $225,000 under M.G.L. Chapter 44, section 7, or
any other enabling authority.
b. Engineering Study of the Infrastructure of the Center Pool Complex - That $50,000 be
appropriated for an engineering study of the infrastructure of the Center Pool Complex, to be
raised from the Recreation Enterprise Fund Retained Earnings.
C. Equipment for and Improvements to Pine Meadow Golf Course - That $25,000 be
appropriated for Equipment for and improvements to Pine Meadow Golf Course, to be raised
from the Recreation Enterprise Fund Retained Earnings.
2006Annual Town Meeting, Adjourned Session ofApril 24, 2006, cont...
10:23 p.m.
Charles Lamb reported unanimous support of the Capital Expenditures
Committee.
10:23 p.m.
Alan Levine, pr.8, reported the unanimous support of the Appropriation
Committee.
10:23 p.m.
Members questioned expenditures made thus far on this project.
10:24 p.m.
Motion Adopted.
10:27 p.m. Norman Cohen moved Article 39 be taken up. Motion Adopted.
ARTICLE 39: APPROPRIATE FOR POST EMPLOYMENT BENEFITS
MOTION: That this article be indefinitely postponed.
10:27 p.m. Alan Levine, pr.8, reported the unanimous support of the Appropriation
Committee.
10:27 p.m. Motion Unanimously Adopted.
10:29 p.m. Charles Lamb served notice of reconsideration of Article 34.
10:30 p.m. Selectman Jeanne Krieger moved the meeting be adjourned until 7:30 p.m.,
Wednesday, April 26, 2006 at the Cary Memorial Building. Motion Unanimously Adopted.
A true copy.
Attest:
Donna M. Hooper, Town Clerk
Adjourned session of the 2006 Annual Town Meeting
April 26, 2006
Moderator Margery M. Battin called the sixth session of the 2006 Annual Town Meeting to
order at 7:30 p.m., Cary Memorial Building. A quorum of 154 members was present.
A moment of silence was held in memory of former Town Meeting Member Charles Durkin
who recently passed away.
7:33 p.m. The Moderator called a recess for presentations from Superintendent Paul Ash
for the Sharon Wong Chan and Sara Harrington Diversity Award; and the Michael Wagner
Technology Award presented by Gail Wagner to Shelley Chamberlain.
ARTICLE 2: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES
7:42 p.m. Selectman Jeanne Krieger moved the Report of the Board of Selectmen on the
Progress of Town Meeting be accepted and placed on file. Unanimously Adopted.
7:43 p.m. Charles Lamb, pr.4, moved the Report of the Capital Expenditures Committee
be accepted and placed on file. Unanimously Adopted.
Mr. Lamb presented the report of the Committee.
7:55 p.m. Sandra Shaw moved the Report of the Recreation Committee be accepted and
placed on file. Unanimously Adopted. Mrs. Shaw presented the report of the Committee.
8:01 P.M. Presented by Sandra Shaw, pr.4.
ARTICLE 27: APPROPRIATE FOR RECREATION CAPITAL PROJECTS
MOTION: That the following amounts be appropriated for the following
capital improvements and that each amount be raised as indicated:
a. Center Playground - That $225,000 be appropriated for the cost of constructing outdoor
recreational facilities (Center Playground) for the Recreation Department and all incidental
costs related thereto, and to meet this appropriation the Treasurer, with the approval of the
Board of Selectmen, is authorized to borrow $225,000 under M.G.L. Chapter 44, section 7, or
any other enabling authority.
b. Engineering Study of the Infrastructure of the Center Pool Complex - That $50,000 be
appropriated for an engineering study of the infrastructure of the Center Pool Complex, to be
raised from the Recreation Enterprise Fund Retained Earnings.
C. Equipment for and Improvements to Pine Meadow Golf Course - That $25,000 be
appropriated for Equipment for and improvements to Pine Meadow Golf Course, to be raised
from the Recreation Enterprise Fund Retained Earnings.
2006Annual Town Meeting, Adjourned Session ofApril 26, 2006, cont...
8:02 p.m. Recreation Committee Member Richard Thuma presented parts A, B, & C of
the motion.
8:06 p.m. Shirley Stolz, pr.8, reported the Capital Expenditures Committee's support for
parts A, B, & C.
8:07 p.m. Appropriation Committee Member Eric Michelson reported the Committee's
support for parts A, B & C.
8:09 P.M. Members questioned issues including: requested funding for part B; status of
bathroom facilities at Lincoln Park, and replacement costs for the current playground
structure.
8:14 p.m. Appropriation Committee member Rod Cole presented his minority report
against the replacement of the play structure.
8:15 p.m. Members continued discussion and questioning on parts A, B & C, including
the ineligibility of part B for Community Preservation Act funding.
8:27 p.m. David Kaufman requested the question be divided. The Moderator so ruled.
David Kaufman called the question, 3 sections. Motion Adopted.
8:30 p.m. Part "A" — Motion declared Adopted by more than the necessary two - thirds.
8:30 p.m. Part `B" — Motion declared Adopted.
8:30 p.m. Part "C" — Motion Unanimously Adopted
8:31 p.m. Charles Lamb, pr.4, served notice of reconsideration of Article 27.
8:31 p.m. Presented by Selectman Hank Manz.
ARTICLE 28: APPROPRIATE FOR MUNICIPAL CAPITAL PROJECTS
Motion: That the following amounts be appropriated for the following capital
improvements and that each amount be raised as indicated:
a. Sidewalk Reconstruction - $300,000 for the construction and reconstruction of sidewalks
and all incidental costs related thereto, and that the Treasurer, with the approval of the Board of
Selectmen, is authorized to borrow $300,000 under M.G.L. Chapter 44, section 7 or any other
enabling authority.
b. Lincoln Field Methane Gas Mitigation - $60,000 for the design and permitting of a
subsurface methane gas mitigation system for the former Town landfill located at Lincoln Park and
all incidental costs related thereto, and that the Treasurer, with the approval of the Board of
Selectmen, is authorized to borrow $60,000 under M.G.L. Chapter 44, section 7 or any other enabling
authority.
C. Building Envelope (remodeling, reconstruction and extraordinary repairs) - $290,000 for
building envelope improvements; said sum to be raised as follows: $100,000 from the Community
Preservation Fund, for historic resource purposes under the Community Preservation Act, to be used
for the rehabilitation and restoration of the Lexington Fire Station; $40,000 from the tax levy for
improvements to the Westview Cemetery building; and $150,000 from the tax levy for miscellaneous
building improvements, contingent on the passage of a Proposition 2 '/2 override.
d. DPW Equipment - $435,000 for the cost of departmental equipment for the Department of
Public Works and all incidental costs related thereto, and that the Treasurer, with the approval of the
Board of Selectmen, is authorized to borrow $435,000 under M.G.L. Chapter 44, section 7 or any
other enabling authority.
e. Street Reconstruction and Related Improvements - $500,000 raised from the tax levy for
road reconstruction, repairs and resurfacing by the Department of Public Works; and authorize the
expenditure of any additional funds provided or to be provided by the Commonwealth of
Massachusetts through the Massachusetts Highway Department.
f Street Drainage System - $160,000 for the construction and reconstruction of surface drains
and all incidental costs related thereto, and that the Treasurer, with the approval of the Board of
Selectmen, is authorized to borrow $160,000 under M.G.L. Chapter 44, section 7, or any other
enabling authority.
g. Police Station Extraordinary Repairs and Equipment - $842,000 for remodeling,
reconstructing and making extraordinary repairs including equipment to the Lexington Police Station
dispatch center and all incidental costs related thereto, said sum to be raised as follows: that the
Treasurer, with the approval of the Board of Selectmen, is authorized to borrow $742,000 under
M.G.L. Chapter 44, section 7 or any other enabling authority; and further, that $100,000 be raised
from the Community Preservation Fund, for historic resource purposes under the Community
Preservation Act.
h. Purchase of Fire Engine - $380,000 for the cost of departmental equipment (fire engine) for
the Lexington Fire Department and all incidental costs related thereto, and that the Treasurer, with the
approval of the Board of Selectmen, is authorized to borrow $380,000 under M.G.L. Chapter 44,
section 7 or any other enabling authority.
2006Annual Town Meeting, Adjourned Session ofApril 26, 2006, cont...
I . Building Renovations (remodeling, reconstruction and extraordinary repairs) - $60 000 for
the rehabilitation and restoration of the records vault in the Cary Memorial Hall, to be raised from the
Community Preservation Fund, for historic resource purposes under the Community Preservation
Act.
The Moderator explained part a & c would be voted separately from parts b, d -i.
8:31 p.m. Selectman Manz explained requested funding and reported the unanimous support of
the Board of Selectmen on all parts of the motion under Article 28.
Committees reported on positions on each part, as follows:
Shirley Stolz reported the support of the Capital Expenditures Committee for Part b.
David Kanter report the unanimous support of the Appropriation Committee for Part b.
Ted Edson reported the unanimous support of the Capital Expenditures Committee for Parts d,e,f,g
David Kanter reported the unanimous support of the Appropriation Committee for Parts d,e,f,g
Shirley Stolz reported the unanimous support of the Capital Expenditures Committee for Parts h & i
David Kanter reported the unanimous support of the Appropriation Committee for Parts h & i
8:48 p.m. Public Works Director William Hadley provided a status update on the street paving
resulting from the KeySpan gas incident of November 2005.
Members questioned the methane gas situation at the Lincoln Field and Community Preservation Act
funding.
8:50 p.m. Motion for Article 28, Parts b,d,e,f,g,h,i - Motion Unanimously Adopted
8:56 p.m. Article 28 (a) — Sheila Watson, Center Committee, commented on the need to address
sidewalk problems in Lexington center.
Ted Edson reported the Capital Expenditures Committee recommends funding $250,000 for Part a.
8:56 p.m. Charles Lamb, pr.4, moved the following amendment:
AMENDMENT: That the amount in the Main Motion under Article 28(a)
(Sidewalk Reconstruction) be amended to decrease the amount appropriated
from $300,000 to $250,000.
8:57 p.m. David Kanter reported the Appropriation Committee's unanimous support for the
amendment.
8:57 p.m. Appropriation Committee member Paul Hamburger spoke on the amendment.
8:59 p.m. Jeanne Krieger reported on Sidewalk Committee efforts to encourage walking and
reported the Board of Selectmen's opposition to the amendment and support for full
funding.
Sidewalk Committee Chairman Craig Weeks spoke against the amendment.
9:02 p.m. Olga Guttag reported the School Committee's unanimous opposition to the
amendment and support for full funding.
9:03 p.m. Charles Lamb, Appropriation Committee, reported intent of the amendment is to
raise the question of sidewalk materials used in the center of town.
Jeanne Krieger reported the Board of Selectmen has no recommendation in regards to
materials but of the need for full funding top make progress.
9:06 p.m. Selectman Hank Manz commented further and advised that no decision has been
made as far as materials to be used, and involvement of the Historic Districts
Commission at the appropriate time.
9:08 P.M. Public Works Director William Hadley reported on estimated costs for sidewalk
work in Lexington center and materials upon which the estimate is based.
9:09 P.M. Article 28 (a) Amendment Not Adopted.
9:09 P.M. Appropriation Committee member David Kanter affirmed support for Article 28 Part
a. Capital Expenditures Committee member Charles Lamb reported full support for
Article 28 (a).
9:10 P.M. Members spoke on sidewalk construction, design, and tree replacements.
9:16 p.m. The Moderator declared Article 28 (a) Adopted by more than the necessary
two - thirds vote.
9:20 p.m. Article 28 ( c) discussion ensued.
9:20 p.m. Ted Edson reported the support of the Capital Expenditures Committee for all items
except the Fire Station floor.
2006Annual Town Meeting, Adjourned Session ofApril 26, 2006, cont...
9:20 p.m. Charles Lamb, Capital Expenditures Committee, moved the following amendment.
AMENDMENT: That the amount in the Main Motion under Article 28 ( c)
(Building Envelope) be amended to decrease the amount appropriated from the
Community Preservation Fund, for historic resource purposes under the Community
Preservation Act, to be used for the rehabilitation and restoration of the Lexington
Fire Station from $100,000 to $50,000.
9:20 p.m. David Kanter reported the Appropriation Committee supports (6 -3) the amendment.
9:21 p.m. Public Works Director William Hadley explained the potential work to be done on
the fire apparatus floor and Fire Chief William Middlemiss explained the condition
of the floor.
9:25 p.m. Members questioned the impact of reducing requested funding on the long -term plan.
Capital Expenditures Committee Chairman Charles Lamb reported the Committee
didn't believe this would impact the long range plan.
9:26 p.m. Article 28 (c ) Amendment Not Adopted.
9:27 p.m. David Kanter reported Appropriation Committee support for Article 28 (c ).
Public Works Director William Hadley responded to questions regarding funds allocated and long
range plans for municipal building maintenance.
Selectman Jeanne Krieger affirmed the need for planning for funding building maintenance.
9:31 p.m. Motion under Article 28 (c ) Adopted.
9:32 p.m. Presented by Selectman Richard Pagett.
ARTICLE 25: APPROPRIATE THE FY2007 COMMUNITY PRESERVATION
COMMITTEE OPERATING BUDGET
MOTION: That the Town hear and act on the report of the Community
Preservation Committee on the FY2007 Community Preservation budget and
appropriate from the Community Preservation Fund:
$25,000 to meet the administrative expenses and all other necessary and proper
expenses of the Community Preservation Committee for FY2007;
and further, that the Town reserve for appropriation the following amounts as
recommended by the Community Preservation Committee:
$230,000 for the acquisition, creation and preservation of open space excluding land
for recreational use;
$25,000 for the acquisition, preservation, rehabilitation and restoration of historic
resources;
$230,000 for the creation, preservation and support of community housing; and
$1,530,000 to the general unreserved fund balance of the Community Preservation
Fund.
9:33 p.m. Betsey Weiss, pr.2, Community Preservation Committee Chairman moved the
Report of the Community Preservation Committee be accepted and placed on file.
Unanimously Adopted
Ms. Weiss presented her oral report on the Committee's first year recommendations since
adoption of the Community Preservation Act in March 2006.
9:40 p.m. Charles Lamb, pr.4, served notice of reconsideration of Article 28.
9:40 p.m. Eric Michelson reported the Appropriation Committee recommends adoption
of Article 25.
9:41 p.m. Members spoke on needs for the community to address low and moderate
income housing for seniors and of the need for the Community Preservation Committee to
report to the 2007 Annual Town Meeting on projects funded.
9:42 p.m. Unanimously Adopted
9:43 p.m. Charles Lamb served notice of reconsideration of Article 25.
2006Annual Town Meeting, Adjourned Session ofApril 26, 2006, cont...
9:44 p.m. Presented by Olga Guttag, pr. 5.
ARTICLE 32: APPROPRIATE FOR SCHOOL CAPITAL PROJECTS
MOTION: That the following amounts be appropriated for the following capital
improvements and that each amount be raised as indicated:
a. That $1,716,000 be appropriated for services for planning and remodeling,
reconstructing and making extra- ordinary repairs to school buildings and for the
purchase of additional equipment therefor; and to meet this appropriation the
Treasurer with the approval of the Board of Selectmen is authorized to borrow
$1,611,000 under M.G.L. Chapter 44, section 7, M.G.L Chapter 70B or any other
enabling authority; that $45,000 be raised in the tax levy; and that $60,000 be
transferred from the amount appropriated under Article 30(a) of the 2005 Annual
Town Meeting and raised from the tax levy as such amount is no longer needed for
the purpose authorized by said vote.
b. That $400,000 be appropriated for the purchase of computer hardware and software
and related installation costs in order to maintain and upgrade the schools technology
systems; and that to meet this appropriation the Treasurer with the approval of the
Board of Selectmen is authorized to borrow $400,000 under M.G.L. Chapter 44,
section 7(28) and section 7(29) or any other enabling authority.
--------------- - - - --
9:44 p.m. William Hartigan, Director of Facilities, Grounds and Support Services,
summarized requested funding.
9:53 p.m. Selectman Peter Kelley reported the Board of Selectmen's unanimous support
Board of Selectmen for Part a.
William Hurley reported the Capital Expenditures Committee's unanimous
support Capital Expenditures Committee for Part a.
Pam Hoffman reported the Appropriation Committee's unanimous support
for Part a.
9:56 p.m. Members spoke on how the department will handle maintenance services
should the anticipated proposition 2 '/z override be unsuccessful, and issues
with reconstruction of the school administration building at 1557
Massachusetts Ave.
9:57 p.m. Superintendent Paul Ash and School Committee member Thomas Griffiths
responded to question.
10:00 P.M. Motion under Article 32, Parts a & b Unanimously Adopted.
10:00 P.M. Charles Lamb, pr.4, served notice of reconsideration of Article 32.
10:02 p.m. Presented by Selectman Richard Pagett.
ARTICLE 35: APPROPRIATE FOR MUNICIPAL PARKING LOT
MOTION: That $150,000 be appropriated for the engineering, construction and
related costs of an off - street parking lot behind the NStar building at Massachusetts
Avenue and Edison Way; that to meet this appropriation $150,000 be transferred
from the Parking Meter Fund.
10:04 p.m. Sheila Watson, pr.6, reported the Center Committee's support.
10:06 p.m. Ted Edson reported the unanimous support of the Capital Expenditures
Committee.
10:06 p.m. Eric Michelson, pr. 1, reported the opposition of the Appropriation Committee
(5 -4).
10:07 p.m. Wendy Manz, pr.9, reported the support of the Planning Board.
10:08 P.M. Members questions presence of trees, estimated operational revenue,
and process undertaken to bring to fruition.
10:09 P.M. Selectman Richard Pagett and Town Manager Carl Valente responded
to questions raised.
10:20 p.m. Sheldon Spector, pr.6, called the question. Motion Adopted.
10:20 p.m. Motion Declared Adopted.
10:21 p.m. Charles Lamb, pr.4, served notice of reconsideration of Article 35.
2006Annual Town Meeting, Adjourned Session ofApril 26, 2006, cont...
10:21 p.m. Presented by Selectman Richard Pagett.
ARTICLE 36: APPROPRIATE FOR SENIOR CENTER DESIGN/
CONCEPTUAL STUDY
MOTION: That this article be indefinitely postponed.
10:26 P.M. Marian Cohen, pr.2, Chairman of the Council on Aging, provided an update.
10:30 p.m. Members spoke in support and of the need for a new senior center.
10:31 p.m. Motion Unanimously Adopted
10:31 p.m. Presented by Selectman Norman Cohen.
ARTICLE 37: APPROPRIATE FOR PUBLIC WORKS FACILITY
MOTION: That this article be indefinitely postponed.
10:32 p.m. Permanent Building Committee Chairman Phil Poinelli provided a project
update.
10:37 p.m. Selectman Norman Cohen responded to comments on postponement and
affirmed the planning for the building continues to move forward.
10:38 p.m. Motion Adopted.
10:39 p.m. Presented by Selectman Norman Cohen.
ARTICLE 38: APPROPRIATE FOR MUNICIPAL ELECTRIC FEASIBILITY STUDY
MOTION: That this article be indefinitely postponed.
10:40 p.m. Paul Chernick, pr.6, Chairman - Electric Utility Adhoc Committee, explained
the status of the issue.
10:42 p.m. Motion Unanimously Adopted.
10:43 p.m. Presented by Selectman Norman Cohen.
ARTICLE 40: APPROPRIATE FOR STABILIZATION FUND
MOTION: That $2,650,000 be appropriated for a stabilization fund for any lawful
purpose in accordance with M.G.L. Chapter 40, section 513, and that to raise such
amount $2,000,000 be transferred from the Unreserved Fund Balance and $650,000
be raised in the tax levy.
10:44 p.m. Deborah Brown reported the unanimous support of the Appropriation
Committee.
10:44 p.m. Motion Unanimously Adopted.
10:45 p.m. Presented by Selectman Norman Cohen.
ARTICLE 41: APPROPRIATE FOR PRIOR YEARS' UNPAID BILLS
MOTION: That $7,553 be authorized to pay unpaid bills for goods and services
rendered to the School Department for FY2005 to be paid from Line Item 1100 of the
2005 Annual Town Meeting as amended at the November 2005 Special Town
Meeting.
10:46 p.m. Alan Levine, pr.8, reported the unanimous support of the Appropriation
Committee.
Alan Levine moved the amendment to the Appropriation Committee's Report
be accepted and placed on file. Unanimously Adopted
10:48 p.m. Motion Unanimously Adopted.
10:49 p.m. Presented by Selectman Norman Cohen.
ARTICLE 42: AMEND FY2006 OPERATING BUDGET
MOTION: That the following additional amounts be appropriated to the following
line items for the current fiscal year's budget as approved at the 2005 Annual Town
Meeting and that said amounts be transferred from the following sources:
Line Item
Amount
Source
Amount
1100
Lexington Public Schools
$79,518
Insurance Proceeds
$79,518
2300
Reserve Fund
$197,520
Unreserved Fund Balance
$197,520
5100
Library Expenses
$60,000
Library Personal Services
$60,000
7100
Community Development
Expenses
$14,500
Community Development
Personal Services
$14,500
2006Annual Town Meeting, Adjourned Session ofApril 26, 2006, cont...
Norman Cohen reviewed requested funding.
Alan Levine reported the unanimous support of the Appropriation Committee.
10:51 p.m. Motion Unanimously Adopted.
10:51 p.m. Presented by Selectman Norman Cohen.
ARTICLE 43: APPROPRIATE FOR AUTHORIZED CAPITAL IMPROVEMENTS
MOTION: That this article be indefinitely postponed.
10:51 p.m. Motion Unanimously Adopted.
10:52 p.m. Presented by Selectman Jeanne Krieger.
ARTICLE 44: USE OF FUNDS TO REDUCE THE TAX RATE
MOTION: That this article be indefinitely postponed.
10:52 p.m. Motion Unanimously Adopted.
10:52 p.m. Selectman Jeanne Krieger moved the 2006 Annual Town Meeting be
dissolved. Motion Unanimously Adopted.
A true copy.
Attest:
Donna M. Hooper, Town Clerk