HomeMy WebLinkAbout2007-10-10-STM-min 2007 SPECIAL TOWN MEETING
October 10, 2007
(See Warrant File for Warrant)
The Special Town Meeting of October 10, 2007 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
157 members was present.
A moment of silence was held in honor of former Town Meeting Member Marshall Derby.
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.
7:38 p.m. The Moderator declared the meeting open under Article 1, and would be so during
the duration of the meeting.
ARTICLE 1: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES
7:38 p.m. Selectman Jeanne Krieger moved the report of the Board of Selectmen on the
schedule for the evening be Accepted & Placed on File. Mrs. Krieger explained
plans for postponement of Article 2 until October 17, 2007. Motion Adopted.
7:40 p.m. Chairman Alan Levine moved the Report of the Appropriation Committee be
Accepted & Placed on File. Motion Unanimously Adopted.
ARTICLE 2: APPROVE TIF AGREEMENT(S)
Selectman Jeanne Krieger moved Article 2 be taken up at 7:30 p.m., Wednesday,
October 17, 2007. Motion Unanimously Adopted.
Town Manager Carl Valente Explained the additional time needed before
discussion of the Shire TIF Agreement.
7:43 p.m. Presented by Selectman Norman Cohen.
ARTICLE 3: AMEND FY2008 OPERATING BUDGET
MOTION: (a) That the appropriations authorized under Article 21 of the 2007
Annual Town Meeting be amended as follows:
Line Program From To
Item
2310 Reserve Fund $450,000 $468,898
8500 Town Clerk Personal Services $246,101 $271,101
8500 Town Clerk Expenses $90,759 $115,759
And to meet this appropriation $69,898 be raised in the tax levy.
(b)Further, that $100,000 be appropriated to reduce the tax levy for the fiscal year
beginning July 1, 2007, and that such amount be transferred from Overlay
Surplus.
Selectman Norman Cohen explained requested action in parts a& b.
7:46 p.m. Richard Eurich reported the unanimous support of the Appropriation Committee.
*Motion Amended—see 8:19m. reconsideration motion.
Motion Unanimously Adopted.* p'
7:46 p.m. Presented by Selectman Norman Cohen.
ARTICLE 4: AMEND FY2008 ENTERPRISE FUND BUDGETS
MOTION: That the following appropriations authorized under Article 22 of
the 2007 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 2008 under the provisions of M.G.L. chapter 44,
section 53F1/2 be changed from $4,435,739 to $4,117,775 by amending the
following line item(s):
From To
MWRA Assessment $4,435,739 $4,117,775
Debt Service $490,833 $504,246
October 10, 2007 Special Town Meeting, cont...
Article 4, cont....
And that the total appropriation, as amended, shall be funded with $362,570 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 2008 under the provisions of M.G.L. chapter
44, section 53F1/2 be changed from $6,197,216 to $5,630,863 by amending the
following line item(s):
From To
MWRA Assessment $6,197,216 $5,630,863
Debt Service $473,256 $ 482,424
And that the total appropriation, as amended, shall be funded with wastewater
receipts.
7:46 p.m. Selectman Norman Cohen reviewed requested action under Article 4.
7:47 p.m. Alan Levine served Notice of Reconsideration on Article 3.
7:47 p.m. John Bartenstein, pr.1, reported unanimous support of the Appropriation
Committee for Article 4.
7:48 p.m. Motion Unanimously Adopted.
7:48 p.m. Presented by Patrick Mehr, pr.3.
ARTICLE 5: MUNICIPAL ELECTRIC UTILITIES
MOTION: That the following resolution be adopted:
RESOLVED
That the Lexington Town Meeting:
supports passage of Bill H3319;
asks the Lexington Selectmen and representatives in the Great and General Court
to support passage of Bill H3319, and that a report on its status be offered at the
2008 annual Town Meeting;
requests the Town Clerk to transmit this resolution to each of Lexington's
representatives in the Great and General Court, to the Governor, the Lieutenant
Governor, the Commonwealth's Undersecretary of Energy, and the House and
Senate Chairs of the Legislature's Joint Committee on Telecommunications,
Utilities and Energy.
7:48 p.m. Patrick Mehr summarized requested action.
8:02 p.m. Alan Levine, pr.8, served Notice of Reconsideration of Article 4.
8:03 p.m. Representative Jay Kaufman spoke on House Bill #3319.
8:06 p.m. Hank Manz reported unanimous support of the Board of Selectmen.
8:06 p.m. Eric Michelson reported the unanimous support of the Appropriation Committee.
8:07 p.m. Members spoke in support and questioned comparisons of charges between
providers. Mr. Mehr responded.
8:12 p.m. Town Counsel William Lahey responded to questions regarding utility pole
leases. Representative Jay Kaufman addressed provisions of the proposed bill.
8:16 p.m. Town Manager Carl Valente and article sponsor Patrick Mehr responded to
questions on the value of private utility company equipment, taxes collected, and
provisions in the bill for payments in lieu of taxes.
8:19 p.m. John Hayward, pr.5, moved the question. Motion Adopted.
8:19 p.m. Following a voice vote on the Motion under Article 5, the Moderator declared the
Motion Adopted.
8:19 p.m. Alan Levine Moved Reconsideration of Article 3. Mr. Levine explained the
purpose for Reconsideration and plans to amend the motion to correct error
identified. Motion for Reconsideration of Article 3 Adopted.
October 10, 2007 Special Town Meeting, cont...
8:21 p.m. Alan Levine, Appropriation Committee, moved Article 3 be amended as follows:
ARTICLE 3 AMENDMENT:
Item 2310 be changed from `$468,898' to `$469,868' and
`$69,898 be raised in the tax levy' be changed to
`$69,868 be raised in the tax levy'
8:22 p.m. Motion to Amend Adopted Unanimously.
Article 3 Main Motion as Amended—Adopted Unanimously.
8:22 p.m. Selectman Jeanne Krieger moved the meeting be adjourned until 7:30 p.m.,
Wednesday, October 17, 2007, Cary Memorial Building.
Motion Unanimously Adopted.
A true copy.
Attest:
Donna M. Hooper, Town Clerk
Adjourned Session of the 2007 Special Town Meeting
October 17, 2007
The Moderator called the second session of the October 10, 2007 Special Town Meeting to
order at 7:30 p.m. at the Cary Memorial Building. A quorum of 157 members was present.
The Moderator reviewed procedural matters. Edmund Grant, pr.8, went on record he will abstain
from voting on Article 2.
7:33 p.m. Presented by Selectman Jeanne Krieger.
ARTICLE 2: APPROVE TIF AGREEMENT(S)
MOTION: That the Town: (a) approve the fundamental terms and conditions,
including but not limited to the tax exemption schedules contained therein, of the
Tax Increment Financing ("TIF") Agreement executed by the Board of Selectmen,
Shire Human Genetic Therapies, Inc ("Shire") and Patriot Partners Lexington,
LLC ("Patriot Partners") and dated October 17, 2007 ("TIF Agreement"); (b)
confirm the Board of Selectmen's designation of the location of the Patriot Way
Economic Opportunity Area; (c) approve the Tax Increment Financing Plan dated
October 16, 2007, and authorize the Selectmen to make minor modifications to
these documents prior to submission to the Massachusetts Economic Assistance
Coordinating Council ("EACC"); (d) authorize the Board of Selectmen to execute
any other documents related to and consistent with the TIF Agreement and submit
such documents to the EACC; and (e) authorize the Board of Selectmen to take
action to enforce or terminate the TIF Agreement, including requesting that
EACC decertify the TIF Plan, in the event that Shire and/or Patriot Partners fail to
substantially comply with the TIF Agreement as determined by the Board of
Selectmen.
7:35 p.m. Mr. William Ciambrone, Sr. Vice President Technical Operations for Shire HGT
Pharmaceuticals, spoke on the Shire proposal and opportunity before the meeting.
7:43 p.m. Shire representative Daniel Ostien further explained the proposed TIF [Tax
Increment Financing].
7:50 p.m. William Ciambrone further summarized benefits of the proposal.
7:51 p.m. Representative Jay Kaufman spoke in support of the proposal.
Greg Bialecki, Assistant Secretary and General Counsel of the Executive Office
of Housing and Economic Development, Commonwealth of Massachusetts, spoke
in support and of the importance of this project for the Commonwealth and
Lexington.
Representative Jay Kaufman spoke on the priority of the life sciences bill before
the legislature.
8:01 p.m. Town Manager Carl Valente summarized and identified document handouts.
8:02 p.m. Selectman Jeanne Krieger summarized procedures followed for the Shire TIF and
reported the Board of Selectmen's belief the proposal before the meeting is the
minimum proposal necessary to attract Shire to Lexington. Selectman Krieger
October 17, 2007 Adjourned Session of the October 10, 2007 Special Town Meeting, cont...
recognized the work of all involved, the value of the proposal to Lexington, and
the unanimous support of the Board of Selectmen.
8:31 p.m. Alan Levine, pr.8, moved the Addendum to the Report of the Appropriation
Committee to the October 10, 2007 Special Town Meeting be Accepted & Placed
on File. Mr. Levine reviewed the Addendum. Motion Unanimously Adopted.
8:45 p.m. Shirley Stolz, pr.8, reported the support of the Capital Expenditures Committee
8:40 p.m. Charles Hornig, pr.8, Planning Board Chairman, reported the approval of the
Planning Board on the development proposed by Shire, the Planning Board
recommendation Town Meeting approve the Motion and TIF agreement, and the
Planning Board view the proposal presents a major opportunity for Lexington.
8:49 p.m. Mollie Garberg, Co-Chair, Economic Development Task Force, summarized
discussions of the Task Force. Ms. Garberg reported the support of the Task
Force, with a vote of 10 in favor and 1 abstaining.
8:51 p.m. Thomas Griffiths reported the unanimous support of the School Committee.
8:53 p.m. Deborah Brown, Appropriation Committee, and Town Manger Carl Valente
responded to questions posed by David Kanter, Capital Expenditures Committee.
8:57 p.m. Discussion continued on mitigation of residential tax increases, potential housing
demands, Marrett Rd/Spring St& Marrett Rd/Waltham St intersection roadway
improvements.
9:05 p.m. Selectman Norman Cohen, Chair of the Board of Trustees of the Cary Memorial
Library, responded to questions on the proposed $250,000 total contribution to
the Cary Library.
9:05 p.m. Margaret Bradley, pr.8, reported the support of the League of Women Voters.
9:08 p.m. Mary Jo Bohart, Executive Director, reported the support of the Lexington
Chamber of Commerce.
Discussion continued, with members questioning job creation, potential impact on
the Lexington school system, potential designated economic target area, and
financing issues should Shire not proceed with proposed location of
manufacturing operations in Lexington.
Town Manager Carl Valente and Appropriation Committee member Deborah
Brown responded to questions.
9:25 p.m. Greg Bialecki, Assistant Secretary, Executive Office of Housing and Economic
Development, responded to questions regarding the amount of TIF proposed by
Lexington and interest of the Commonwealth.
9:26 p.m. Town Meeting Members and residents from the audience continued to speak in
support.
9:32 p.m. Robert Addelson, Assistant Town Manager for Finance, responded to questions
regarding tax assessment differences in buildings due to building usage.
9:36 p.m. Town Meeting Members and residents from the audience continued to speak in
support.
9:37 p.m. Joel Adler, pr.1, moved the Question. Motion Adopted
9:38 p.m. Following a voice vote on the Motion of Article 5, for which a majority vote is
required, the Moderator declared the Motion Adopted.
9:38 p.m. Selectman Jeanne Krieger moved the Special Town Meeting be dissolved.
Motion Adopted.
A true copy.
Attest:
Donna M. Hooper, Town Clerk