HomeMy WebLinkAbout2006-11-29-STM-min 2006 SPECIAL TOWN MEETING (#1)
November 29, 2006
(See Warrant File for Warrant)
The Special Town Meeting (#1) of November 29, 2006 was called to order by Moderator
Margery M. Battin, at 7:30 p.m. at the Cary Memorial Building, 1605 Massachusetts Avenue. A
quorum of 170 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.
7:32 p.m. Selectman Norman Cohen moved the Special Town Meeting (#1) be adjourned
for 5 minutes. Motion Unanimously Adopted.
A true copy.
Attest:
Donna M. Hooper, Town Clerk
2006 SPECIAL TOWN MEETING (#2)
November 29, 2006
(See Warrant File for Warrant)
The Special Town Meeting (#2) of November 29, 2006 was called to order by Moderator
Margery M. Battin, at 7:35 p.m. at the Cary Memorial Building, 1605 Massachusetts Avenue. A
quorum of 170 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.
7:34 p.m. Moderator Margery M. Battin requested to rise for a moment of silence in
memory of Cornelius P. Cronin who recently passed away. Mrs. Battin recognized the
contributions Mr. Cronin had made to Lexington during the 103 years of his life and residency.
7:36 p.m. Selectman Norman Cohen moved the Special Town Meeting (#2) be adjourned
until 7:30 p.m., Wednesday, December 6, 2006, at the National Heritage Museum.
Motion Unanimously Adopted.
A true copy.
Attest:
Donna M. Hooper, Town Clerk
November 29, 2006 Adjourned Session of the November 29, 2006
Special Town Meeting (#1)
Moderator Margery M. Battin called to order the Adjourned Session of the November 29, 2006
Special Town Meeting (#1) at 7:37 p.m. and reviewed general instructions for the members.
ARTICLE 1: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES
7:43 p.m. Alan Levine, pr.8, moved the Report of the Appropriation Committee
be Accepted and Placed on File. Motion Unanimously Adopted.
7:44 p.m. Charles Lamb, pr.4, moved the Report of the Capital Expenditures Committee be
Accepted and Placed on file. Motion Unanimously Adopted.
The Moderator recognized Town Manager Carl Valente for a report on the newly
installed Cary Hall sound system.
7:47 p.m. Selectman Norman Cohen moved Article 6 be taken out of order.
Motion Unanimously Adopted.
November 29, 2006 Special Town Meeting, cont...
7:48 p.m. Presented by Selectman Norman Cohen.
ARTICLE 6: APPROPRIATE FOR AFFORDABLE HOUSING PURPOSES
MOTION: That $50,000 be appropriated to Lexington Housing Assistance
Board, Inc. (LexHAB) to support the provision of affordable housing within the
Town, and that said sum be raised in the tax levy.
Selectman Cohen requested a point of personal privilege to acknowledge the
contributions made by Marshall Derby in his involvement with the Lexington
Housing Assistance Board (LexHAB) with which he became a member in 1987,
and for the past 15 years served as Chairman. Mr. Cohen enumerated on Mr.
Derby's value to LexHAB and to Lexington. Members acknowledged Mr. Derby
with a standing ovation.
7:53 p.m. Norman Cohen explained the requested action of Article 6 and reported the
unanimous support of the Board of Selectmen.
7:54 p.m. Alan Levine, pr.8, reported the unanimous support of the Appropriation
Committee.
7:55 p.m. Motion Unanimously Adopted.
7:55 p.m. Presented by Selectman Jeanne Krieger.
ARTICLE 2: AMEND FY2007 OPERATING BUDGET
MOTION: That the motion under Article 17 of the 2006 Annual Town
Meeting be amended as follows:
Line Item Program From To
1100 Education $62,346,492 $63,419,500
2130 Group Insurance $18,213,285 $18,160,485
2140 Unemployment $70,000 $122,800
And to meet this appropriation $1,073,008 be raised in the tax levy.
Selectman Jeanne Krieger moved to take up line items 2130 and 2140 first. Motion Adopted.
Selectman Krieger requested the Moderator recognize Town Manager Carl Valente for a
presentation on requested changes in appropriations, to be followed by Thomas Diaz for the
School Committee.
7:56 p.m. Town Manager Carl Valente updated the members on revenue changes and
requested appropriations.
8:01 p.m. School Committee Chairman Thomas Diaz addressed the supplemental request
for Special Education Department [SPED] funding.
8:22 p.m. Alan Levine, pr.8, reported the unanimous support of the Appropriation
Committee for line item 1100, line item 2130, and 2140.
8:24 p.m. Sheldon Spector, pr.6, questioned changes through the end of the school year and
the anticipated approach to be taken by the School Department to address such
changes. Mr. Diaz responded.
8:26 p.m. Scott Burson, pr.4, spoke in support.
8:30 p.m. Patrick Mehr, pr.3, questioned SPED cost saving initiatives and raised concerns
on energy saving initiatives.
After back and forth comments the Moderator ruled Mr. Mehr's persistence to
address energy saving questions to be out of order.
8:33 p.m. James Wood, pr.7, questioned the School Committee regarding any formal
discussions with elected state officials regarding circuit breaker funding.
8:34 p.m. School Committee Chairman Thomas Diaz replied.
8:36 p.m. Ephraim Weiss, pr.5, spoke in opposition.
8:37 p.m. Iang Jeon, pr.1, questioned School Committee statistics on special education .
November 29, 2006 Special Town Meeting, cont...
School Committee Chairman Thomas Diaz provided additional statistics.
Mr. Jeon questioned statistics further, to which Mr. Diaz responded.
8:45 p.m. Bonnie Brodner, pr.3, spoke in support.
8:46 p.m. Dawn McKenna, pr.6, questioned the data.
Mr. Diaz and Mrs. McKenna responded further.
8:53 p.m. Jessie Steigerwald, pr.8, spoke in support and rejected waiting to act until the
Spring Town Meeting.
8:54 p.m. Appropriation Committee member Deborah Brown commented on the timing for
requested funds and of the need to signal now the intent to cover the expenses.
8:57 p.m. Loretta Porter, pr.5, moved the question. Motion Adopted.
8:57 p.m. Article 2 Motion Adopted.
8:57 p.m. Presented by Selectman Norman Cohen.
ARTICLE 3: AMEND FY2007 ENTERPRISE FUND BUDGETS
MOTION: That parts (a) and (b) of the motion under Article 18 of the 2006
Annual Town Meeting be amended as follows:
(a) That the appropriation 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 53F1/2 be changed from $6,038,135 to $5,728,822 by amending
the following line item(s):
From To
MWRA Assessment $4,341,830 $4,032,517
And that the authorization to the Board of Selectmen to transfer an amount
from the Water Enterprise Fund to the General Fund for indirect water
expenses appropriated in the General Fund be amended as follows:
From To
Transfer of Indirect Water Expenses $918,613 $883,963
And that the total appropriation, as amended, shall be funded with $500,000
of Water Enterprise Fund retained earnings with the remainder to be funded
with water receipts.
(b) That the appropriation to operate the Wastewater Division of the Department
of Public Works during fiscal year 2007 under the provisions of M.G.L.
chapter 44, section 53F1/2 be changed from $6,854,614 to $6,705,609 by
amending the following line item(s):
From To
MWRA Assessment $5,782,838 $5,633,833
And that the authorization to the Board of Selectmen to transfer an amount
from the Wastewater Enterprise Fund to the General Fund for indirect
wastewater expenses appropriated in the General Fund be amended as
follows:
From To
Transfer of Indirect Wastewater Expenses $774,300 $753,950
And that the total appropriation, as amended, shall be funded with wastewater
receipts.
Mr. Cohen summarized requested action and reported the unanimous support
of the Board of Selectmen.
November 29, 2006 Special Town Meeting, cont...
9:01 p.m. Alan Levine reported the unanimous support of the Appropriation Committee.
9:01 p.m. Article 3 Motion Adopted.
9:02 p.m. The Moderator ruled the Motion under Article 4 would be divided into 4 separate
parts and would be discussed and voted upon separately.
9:02 p.m. Presented by Selectman Richard Pagett.
Article 4: COMMUNITY PRESERVATION FUND
MOTION: That the Town hear and act on the report of the Community
Preservation Committee, and pursuant to the recommendations of the Community
Preservation Committee, make appropriations as follows:
9:02 p.m. Selectman Pagett summarized recommendations of the Community Preservation
Committee and requested Committee Chairperson Betsey Weiss be recognized for further
explanation.
(a) That $20,000 received from the Jefferson Union settlement be appropriated to
the Community Preservation Fund—Historic Reserve.
Betsey Weiss, pr.2, summarized work of the Committee and reviewed requested action under
Part (a). Richard Pagett reported unanimous support of the Board of Selectman on part (a). Alan
Levine reported unanimous support of the Appropriation Committee on part (a).
9:07 p.m. Dawn McKenna, pr.6, spoke in opposition and raised a question on the
Demolition Bylaw. Town Counsel William Lahey responded.
9:11 p.m. Selectman Peter Kelley spoke on the circumstances of the Jefferson Union
building.
9:13 p.m. Paul Lapointe, pr.2, questioned the Board of Selectmen on the appropriation.
Selectman Richard Pagett explained the settlement as it pertains to historic preservation services.
9:14 p.m. Bebe Fallick, pr.6, questioned the 2-year demolition delay.
9:15 p.m. Alan Levine, pr.8, served Notice of Reconsideration on Article 2 and Article 3.
9:15 p.m. Article 4 part (a) Declared Adopted.
9:15 p.m. Dawn McKenna, pr.6, served Notice of Reconsideration on Article 4, part (a).
9:17 p.m. Betsey Weiss, pr.2, explained Article 4, part (b) requested action. Richard Pagett
reported a majority of the Board of Selectmen support Article 4, part (b).
(b) That $25,000 be appropriated from the general unreserved fund balance of the
Community Preservation Fund for Phase I of the Hancock-Clarke House
historic restoration project.
9:18 p.m. Charles Lamb, pr.4, reported the unanimous support of the Capital Expenditures
Committee for Article 4, part (b). Eric Michelson, pr.2, reported the unanimous
support of the Appropriation Committee for Article 4, part (b).
9:21 p.m. Gloria Bloom, pr.4, questioned requested general unreserved fund balance as
source of funding. Town Manager Carl Valente responded.
9:22 p.m. Selectman Peter Kelley spoke in opposition of Article 4, part (b) and of his
concern with use of Community Preservation funds on private buildings.
9:25 p.m. Andrew Friedlich, pr.5, spoke in support.
9:27 p.m. Selectman Richard Pagett responded to the concerns of Mr. Friedlich.
9:29 p.m. Steve Heinrich, pr.3, questioned Town Counsel on funding of non-town owned
projects. Town Counsel William Lahey provided an opinion.
9:30 p.m. Paul Hamburger, pr.5, questioned the balance in the historic preservation account,
to which Town Manager Carl Valente responded.
November 29, 2006 Special Town Meeting, cont...
9:31 p.m. Loren Wood, pr.3, questioned the proposed project. Lexington Historical Society
Executive Director Susan Bennett explained efforts will be directed at seeking
federal funding. Loren Wood further inquired about the Town's obligation to
fund the project. Selectman Richard Pagett explained approval of this request for
funding does not carry a guarantee to fund the project.
9:33 p.m. Article 4, part (b)Declared Adopted.
Charles Lamb, pr.4, served Notice of Reconsideration on Article 4, part (b).
9:35 p.m. Betsey Weiss, pr.2, explained requested action for Article 4, part ( c).
(c) That $44,000 be appropriated from the general unreserved fund balance of the
Community Preservation Fund for a freight elevator for the Lexington Depot
restoration and rehabilitation project; and further that the Board of Selectmen
be authorized to enter into an agreement with the owner of the property
requiring that the amount of the appropriation with interest be repaid to the
Community Preservation Fund in the event that the Depot is sold.
Richard Pagett reported the support of a majority of the Board of Selectmen.
Charles Lamb, pr.4, reported the unanimous support of the Capital Expenditures
Committee. Eric Michelson reported the opposition of the Appropriation
Committee on a vote of 7-2.
9:45 p.m. Frank Sandy, pr.6, questioned the motion.
9:45 p.m. Selectman Peter Kelley spoke in opposition to Article 4, part(c).
9:47 p.m. Florence Baturin, pr.6, spoke in support.
9:49 p.m. Loren Wood, pr.3, questioned the eligibility of private entities for CPA funding.
Betsey Weiss and Richard Pagett responded.
9:51 p.m. Marsha Baker, pr.6, spoke in support
9:53 p.m. David Kaufman, pr.6, questioned viewing the freight elevator as a building
restoration. Richard Pagett further explained.
9:55 p.m. Richard Michelson, pr.8, spoke in opposition.
9:57 p.m. Gerald Paul, pr.4, spoke in support.
9:59 p.m. Paul Hamburger, pr.5, questioned Community Preservation Committee
comparison of this project against others.
9:59 p.m. Eric Michelson, pr.2, reaffirmed the Appropriation Committee's opposition on a
vote of 7-2.
Betsey Weiss summarized applications received for the Fall Special Town
Meeting.
10:00 p.m. Reid Zurlo, pr.3, moved the question. Motion Adopted.
10:00 p.m. Article 4, part (c) Adopted.
Charles Lamb, pr.4, served notice of Reconsideration on Article 4, part (c).
With more than 20 members having doubted the vote, the Moderator called for a
standing vote on Article 4, part (c), tallied as follows:
Precinct Yes No
1 7 7
2 6 11
3 8 6
4 12 3
5 7 9
6 9 9
7 12 2
8 6 5
9 8 8
AL 9 7
TOTAL 84 67
10:04 p.m. With 84 having voted in the affirmative and 67 in the negative, the Moderator
declared Article 4, part (c) Adopted.
10:05 p.m. Betsey Weiss summarized requested action under Article 4, part (d). Selectman
Richard Pagett reported the unanimous support of the Board of Selectmen.
(d) That $60,000 be appropriated from the general unreserved fund balance of the
Community Preservation Act for shelving for the main vault of the Cary
Memorial Building, in furtherance of its rehabilitation for its intended use.
November 29, 2006 Special Town Meeting, cont...
10:05 p.m. Charles Lamb, pr.4, reported the unanimous support of the Capital Expenditures
Committee.
Eric Michelson, pr.1, reported the unanimous support of the Appropriation
Committee.
10:06 p.m. Article 4, part (d) Unanimously Adopted.
10:08 p.m. Charles Lamb, pr.4, served Notice of Reconsideration on Article 4, part (d).
10:08 p.m. Presented by Selectman Hank Manz.
ARTICLE 5: ACCEPT MGL CHAPTER 39 SECTION 23D
MOTION: That the Town hereby accept Section 23D of Chapter 39 of the
Massachusetts General Laws.
10:08 p.m. Selectman Hank Manz explained requested action and reported the unanimous
support of the Board of Selectmen.
10:10 p.m. Planning Board Chairman Wendy Manz spoke in support on behalf of the
regulatory boards—Planning Board, Board of Appeals, Board of Health, and
Conservation Commission.
10:12 p.m. Albert Zabin, pr.1, spoke in opposition.
10:16 p.m. Ephraim Weiss, pr.5, questioned the board on the number of cases that could be
impacted by such action.
10:18 p.m. Conservation Commission Chairman Joyce Miller and Charles Hornig, Planning
Board, responded.
10:20 p.m. Town Counsel William Lahey explained statutory requirements.
10:24 p.m. Members continued inquiries regarding the statute, ability to comply, and
potential impact on implementation.
10:37 p.m. Reid Zurlo, pr.3, moved the question. Motion Adopted.
10:38 p.m. Motion Adopted.
10:38 p.m. Presented by Selectman Peter Kelley.
Article 7 ACCEPT MGL CHAPTER 71, SECTION 37M
(JOINT FACILITIES DEPARTMENT)
MOTION: That the Town hereby accept Section 37M of Chapter 71 of the
Massachusetts General Laws.
10:38 p.m. Selectman Kelley explained requested action.
School Committee Chairman Thomas Diaz reported the unanimous support of the
School Committee and explained benefits for adoption.
10:41 p.m. Ephraim Weiss, pr.5, spoke in support.
10:41 p.m. Alan Levine, pr.8, reported unanimous support of the Appropriation Committee.
10:42 p.m. Motion Unanimously Adopted.
10:43 p.m. Presented by Selectman Peter Kelley.
Article 8 APPROPRIATE FOR SENIOR SERVICE PURPOSES
MOTION: That $11,000, in addition to the sum appropriated under Article 22
of the 2006 Annual Town Meeting, be appropriated for the purpose of conducting
a Senior Service Program, to be spent under the direction of the Town Manager;
and to meet this appropriation $11,000 be raised in the tax levy.
10:43 p.m. Selectman Kelley explained requested action and reported the unanimous support
of the Board of Selectmen.
10:43 p.m. Alan Levine, pr.8, reported unanimous support of the Appropriation Committee.
10:44 p.m. Motion Unanimously Adopted
10:44 p.m. Selectman Jeanne Krieger moved to dissolve Special Town Meeting #1.
Motion Unanimously Adopted.
A true copy.
Attest:
Donna M. Hooper, Town Clerk