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Home My WebLink About2007-03-36 to 2007-05-02-ATM-min 2007Annual Town Meeting March 26,2007 (See Warrant File for Warrant) The first session of the 2007Annual Town Meeting was called to order by Moderator Margery M. Battin at 7:40p.m.,Cary Memorial Hall. A quorum of 180 members was present. The Lexington Minutemen,accompanied by the William Diamond Fife and Drum Corps,posted the colors. The Fife&Drum Corp played a tune in honor of the Moderator's recent birthday. The Moderator honored deceased Town Meeting members Mary Miley,Charles Parks,Doug Ross& Paul Hamburger. The Moderator declared a recess for a presentation by the Town Meeting Members Association for recognition of long-serving Town Meeting Members Elaine Dratch and Paul Hamburger,recently deceased. Edith Sandy and Deborah Brown presented certificates. 8:29 p.m. Following attempts to resolve some sound system difficulties, Selectman Jeanne Krieger moved to adjourn until 7:30 p.m.,Wednesday,March 28,2007,at Cary Memorial Hall. Motion Adopted. A true copy: Attest: Donna M.Hooper,Town Clerk Adjourned session of the 2007 Annual Town Meeting March 28,2007 Moderator Margery M.Battin called the second session of the 2007 Annual Town Meeting to order at 7:30 p.m.,Cary Memorial Hall. A quorum of 169 members was present. Town Clerk Donna M.Hooper read the Warrant for the Meeting until waived. The Town Clerk read the Constable's Return of the Warrant. The Moderator reviewed procedural matters and explained the meeting would not convene on April 2, April 16 or April 18. The Moderator declared the meeting open under Article 2,and would be for the duration of the meeting. ARTICLE 2: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES 7:48 p.m. John Rosenberg,pr.4,moved the Report of the Committee on Cary Lectures be accepted and placed on file and the Committee be discharged. Chairperson,Nancy Shephard,presented the Committee's report. Motion Adopted. 7:50 p.m. Selectman Jeanne Krieger moved the Report of the Housing Partnership Board be accepted and placed on file. Chairman Bob Bicknell reported. Motion Adopted. 7:54 p.m. Wendy Manz moved the Report of the Planning Board be accepted and placed on file. Adopted Unanimously. Ms.Manz reported. 8:00 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 Adopted Unanimously. 8:00 p.m. Wendy Manz moved the report of the Planning Board on Article 4 be accepted and placed on file. Adopted Unanimously. 8:00 p.m. Presented by Wendy Manz. ARTICLE 4: ZONING BY-LAW, INCLUSIONARY ZONING MOTION: That the Zoning By-Laws of the Town be amended as set forth in the motion attached to the report of the Planning Board on this article. Adjourned Session of the 2007Annual Town Meeting—March 28,2007 REPORT TEXT for ARTICLE 4: Motion:that the Town vote to amend the Lexington Zoning By-law as follows: 1.Add a new§135-46.1 to read as follows: I. Inclusionary Housing. (1) General Objective.This section is intended to ensure that those residential developments which arc authorized through special permits with site plan review will provide some housing that is affordable to low-,moderate-,or middle-income households to offset the reduction in the Town's percentage of such housing that would result from those developments' incremental increase to the Town's overall housing stock.To achieve that intention,some of the units in such developments are required to be Inclusionary Units,as defined below. (2) Applicability.These provisions shall apply to all residential developments with five or more dwelling units which are authorized through special pennits with site plan review,including residential developments in CD or RD Districts. (3) Inclusionary Units. (a) Definition. "Inclusionary Units"are dwelling units which are subject to price restrictions and which may be owned and occupied or rented and occupied only by"Eligible Households"with income and assets below specified maximum limits,as provided in §135-46.1(3)(d)below. (b) Siting.Inclusionary Units may result from either new construction or existing dwelling units,located on one or more sites. (c) Accessory Apartments.An accessory apartment in compliance with§135-19 may be considered an Inclusionary Unit if it meets all requirements of this§135-46.I. (d) Eligible Households.Eligible purchaser occupants or tenant occupants of an Inclusionary Unit shall be subject to maximum household income and asset limits established for that unit,based on the Area Median Income(AMT)as annually determined by the U.S. Department of Housing and Urban Development,assuming one more person in the household than the number of bedrooms in the unit.Eligible Households shall have incomes no greater than 120%of the AMI. (e) Sales and Rental Pricing. Sales prices and rental rates of inclusionary Units shall comply with the requirements of this§135-46.1,shall be consistent with applicable subsidy programs or with inclusionary administrative guidelines which may be adopted from time to time by the Planning Board,and shall meet the following standards: [1] Maximum Housing Cost.The maximum housing cost to an Eligible Household shall be 30%of the household income.For the purpose of determining the sales pricing or rental rate of an Inclusionary Unit,the household income used shall be at least 10% of the AMT lower than the maximum household income established for that Inclusionary Unit. [2] Ownership housing costs including mortgage principal and interest(assuming a 5% down payment),private mortgage insurance,real estate taxes,condominium or homeowners association fees,property insurance,and parking shall not exceed the maximum housing cost. [3] The cost of any pending or anticipated special assessments based on deeded obligations such as those of a condominium or homeowners association shall be deducted from the allowable sales price of the Inclusionary Unit calculated per subparagraphs[1]and[2]immediately preceding. [4] Rental housing costs including rent,heat,utilities,and parking shall not exceed the maximum housing cost. (4) Inclusionary Credits. (a) Net Units Added.The"Net Units Added"by a development is the difference between the total number of dwelling units existing before development and the total number of dwelling units that will exist after development,not including accessory apartments in either case.In the case of residential developments under§135-48,the applicant may substitute the"maximum number of dwellings"as calculated under§135-48.D(3)Step One in place of the total number of dwelling units that will exist after development. Adjourned Session of the 2007Annual Town Meeting—March 28,2007 (b) Required Number.All residential developments shall provide inclusionary Units qualifying for`Inclusionary Credits"equal to at least 15%of the Net Units Added. Provision of Inclusionary Units qualifying for the required number of Inclusionary Credits shall be a condition of the special permit with site plan review authorizing the development. (c) Selection of affordability levels.The number of Inclusionary Units designated for households with a maximum household income of 80%of AMI or less("<80%units") shall be no fewer than the Net Units Added divided by eight and rounded down to the next whole number or zero. (d) Existing Affordable Units.Existing dwelling units that arc already subject to affordability restrictions,such as rent or price limits,do not qualify for Inclusionary Credits. (e) Calculation of Inclusionary Credits.inclusionary Units in developments shall qualify for Inclusionary Credits as follows: Maximum Household Inclusionary Credits per Inclusionary Credits per Income inclusionary Unit Tnclusionary Unit (%of AM1) (2 bedrooms) (3 or more bedrooms) <50% 0.80 1.30 <80% 0.60 1.00 <100% 0.45 0.85 <120% 0.30 0.70 (5) Continuing Affordability:Documentation. (a) An applicant for a special permit with site plan review shall prepare all deeds, condominium documents,and legal instruments,including,without limitation,all documents required to comply with this§135-46.1,in a form satisfactory to Town Counsel. (b) For each Inclusionary Unit,an applicant shall provide to the Planning Board a Unit Restriction and Regulatory Agreement(URRA)among the developer;the property owner;an approval agency,if applicable;and the Selectmen;which shall detail the calculation of the price of such unit as required by§135-46.1(3)(e)above,and shall require that at any future resale of the unit,the price shall be calculated at the same level with reference to the then current AMI.The URRA shall state the income and asset restrictions applicable to the purchaser or renter of such unit as required by 135-46.1(3)(d) above,and shall require that such restrictions,calculated in the same way,shall be applicable to all future purchasers and renters.It shall contain a marketing plan that meets local preference and fair housing requirements,consistent with state and federal laws. The URRA shall also contain provisions for annual monitoring of the units to ensure compliance with income and residency requirements. (c) The URRA shall set out provisions under which the Town shall be entitled to exercise a right of first refusal to purchase an Inclusionary Unit being offered for sale. Such provisions shall be substantially in the form of(a)any sample regulatory agreement established by the applicable site approval agency(including,without limitation,the Local Initiative Program of the Department of Housing and Community Development)or (b)any applicable administrative guidelines that may be adopted by the Planning Board. (d) For each Inclusionary Unit eligible for inclusion in the Town's Chapter 40B Subsidized Housing Inventory,an applicant shall provide to the Planning Board a site approval letter from a site approval agency or other documents sufficient to ensure such inclusion in accordance with M.G.L.Chapter 40B,or any successor statute,and all applicable state regulations. (e) For each Inclusionary Unit,the special permit with site plan review decision of the Planning Board,the URRA,and any documents attached thereto,shall be recorded as restrictive covenants with the unit deed in the Middlesex Registry of Deeds,prior to the issuance of any building permit for the development,so as to ensure continuing compliance with the requirements of this*135-46.1. (6) Development Design.Location and design of Inclusionary Units shall comply with the following: (a) Inclusionary Units shall be sited in no less desirable locations than the other units located on the same site. Adjourned Session of the 2007Annual Town Meeting—March 28,2007 (b) The materials used and the quality of construction for Inclusionary Units,including heating,ventilation,and air conditioning systems,shall be equal to those of the other units in the development,but amenities such as designer or high end appliances and fixtures need not be provided for Tnclusionary Units. (c) To be credited towards the count of Inclusionary Units any existing dwelling units must be in full compliance with all applicable construction and occupancy codes,and shall be sufficiently maintained or rehabilitated so that all major systems(including,but not limited to,roof,windows and building envelope,HVAC,plumbing,and electrical)meet standards comparable to new construction. (d) The exterior appearance of the Inclusionary Units shall be compatible with the other units on the same site. (e) The timing of completion of Inclusionary Units shall parallel that of the other units in accord with a phasing schedule approved by the Planning Board. (0 The Planning Board may waive strict compliance with the design standards in this section because of such considerations as a subsidizing agency's occupancy requirements or the applicant's offer of an alternative better meeting the Town's identified housing needs. (7) Multiple Site Provisions.At the developer's option,permitting may be sought and determination of required Inclusionary Units may be based upon dwelling units on multiple sites subject to the following: (a) The creation of units on all sites involved shall be acted upon under either a single special permit or under contemporaneous special permits,possibly involving multiple applicants, related through a binding development agreement made enforceable by the Town. (b) The total number of Inclusionary Credits required shall be based upon the total Net Units Added summed over the sites involved. (8)Significant Public Benefit.Consistent with§135-49.D(3),provision of inclusionary Units which are affordable only to the level necessary to satisfy the Inclusionary Credit requirement set forth above shall not be considered to provide significant public benefit pursuant to§135-49.D(1). 2.Add a new§135-46.J as follows: J. Segmentation.In determining whether a project is a residential development,the Planning Board shall consider the entirety of the development,including(a)any likely future expansion of the project on the subject property or on any property which is contiguous to the subject property or under related ownership or(b)any past,related development on any property which is contiguous to the subject property or any property that was under related ownership with the subject property at the time that§135-46.1 was adopted.A developer or property owner may not phase or segment a project or transfer ownership of contiguous properties to evade,defer or curtail the residential development requirements set forth in§135-46.The Planning Board shall consider all circumstances as to whether various work or activities,taken together,comprise a common plan or independent undertakings,regardless of whether there is more than one developer or property owner,including,without limitation,any time interval(s)between the work or activities and whether the development impacts are separable or cumulative. 3.Add a new§135-13.J as follows: J. All involved departments,boards and staff shall develop and implement procedures which will expedite the application and review procedures for residential developments proposing Inclusionary Units pursuant to§135-46.I to the extent consistent with ensuring well-considered outcomes,by such measures as giving scheduling priority to such applications,arranging for staff assistance to applicants,or scheduling concurrent rather than sequential agency reviews.Issuance of a decision on an application for a special permit with site plan review shall be within 45 days after the close of the public hearing. 8:02 p.m. Planning Board members Gregory Zurlo and Charles Hornig explained requested action. 8:23 p.m. Anthony Galaitsis moved the Minority Report of the Planning Board be accepted and placed on file. Motion Adopted. Mr.Galaitsis presented his report in opposition. 8:28 p.m. Jeanne Krieger reported the support(3-2)of the Board of Selectmen. 8:30 p.m. Selectman Peter Kelley presented a minority report and explained his opposition. 8:31 p.m. Robert Bicknell,Housing Partnership Board,spoke in support. Members spoke in support and in opposition. Citizens from the audience spoke in support and in opposition. 9:19 p.m. Richard Michelson,pr.8,called for a roll-call vote when the vote is taken. Sufficient members stood in support of a roll call vote. Adjourned Session of the 2007Annual Town Meeting—March 28,2007 9:29 p.m. John Cunha,pr.R,called the question. Not Adopted. Members and citizens continued to speak in support and in opposition. 10:20 p.m. Andrew Fricdlich,pr.5,questioned if the Planning Board would be amenable to an amendment to pertain only to developments with combined lots. Following a brief recess,Chair Wendy Manz reported the Planning Board would not support such an amendment as proposed. 10:55 p.m. After further discussion,Marsha Baker,pr.7,moved the question. Motion Adopted. Planning Board Chair Wendy Manz summarized requested action. :00 p.m. Town Clerk Donna Hooper called the Roll: Precinct 1 Precinct 6: Adler Joel A. NO Baturin Florence A. YES Adler Nancy M. NO Fallick Bebe H. ABSENT Barry James E. NO Granit Edmund C. ABSTAIN Bartenstein John C. NO Himmel Jonathan A. ABSENT Basch Ellen NO Kahan Morton G. NO Bowes Mary NO Kane Ann Forbes NO Breen John P. NO Kaufman David L. YES Cole Jean W. NO Kelley Brian P. NO Cole Jonathan G. NO Kemrealy Trisha P. NO Jeon Lang NO Lacey Gerald A. NO Maloney Scott W. NO Lazarus Alan J. ABSENT Michelson Eric J. NO Mahoney Laura M. NO Rancatore Joseph S. YES McKenna Dawn E. NO Redmon Ann S. YES Pagett Jane NO Rossi John F. NO Pagett Richard ABSENT Sampson Barry E. NO Pawliczek Ronald B NO Sampson Carol J. NO Sandy Edith NO Slotkin Joel Steven ABSENT Sandy Frank NO Stewart MaryAnn YES Spector Sheldon A. NO Zabin Albert P. NO Strod Deborah YES Zabin Judith L. NO Watson Sheila M. NO Precinct 2: Precinct 7: Alessandrini Alessandro A. YES Baker Marsha E. NO Cohen Mariann A.0. YES Brown Deborah J. NO Cunha Robert W. NO Costello Patricia Elen NO DiGiammnarino Robin B. NO Counts-Klebe Margaret L. YES Goldberg Rita B. NO Courtemanche James W. YES Kreutziger Kenneth M. YES Gill Catherine Woodward YES Kropper Steven A. YES Griffiths Thomas V. NO Lapointe Paul H. YES Hoffman Keith NO Lucas Daniel A. NO Hoffman Pam NO Lucente Douglas M. NO Leavitt William I. NO McAleer Andrew NO Mahoney Sheryl R. NO Nolan Nancy E. NO Martin Fred H. NO O'Sullivan Michael J. NO Mason Sheryl T. NO Sacks Adam D. YES Miller Joyce A. ABSENT Sackton John T. ABSENT Perry-Wood Elizabeth B. YES Stein Jill E. YES Peters Robert D. ABSENT Vogelzanrg Jennifer M. NO Sakhuja Ravi K YES Weiss Betsey YES Trudcau Jane A. NO Welch Christina J. YES Wood James C. YES Wilson Donald D. NO Wood Martha C. YES Wilson James S. NO Wrigley Alan A. ABSENT Precinct 3: Precinct 8: Adams Darwin P. YES Bartlett Nancy NO Berman Samuel YES Battin Richard H. YES Brodner Bonnie E. YES Belvin Lary N. YES Bryant Nancy A. YES Borghesani Roger F. NO Cannalonga Nancy M. ABSENT Bradley Margaret NO Cannalonga Nicholas A. ABSENT Bryant Elizabeth J. NO Cohen Benjamin J. NO Cunha John T. NO Copp Robert H. NO Herring William NO Adjourned Session of the 2007Annual Town Meeting—March 28,2007 Diaz Thomas R. YES Hornig Charles YES Fenn,Jr. Dan H. YES Horton David C. YES Gordon Sherry L. YES Kennedy Stewart G. YES Heinrich Steven P. NO Klimoff Ingrid H. ABSTAIN Katz Arthur YES Levine Alan Mayer NO Lee Peter B. YES Michelson Richard A. NO Mehr Patrick R. NO Moore,Jr. Charles L YES Neumeier Richard L. NO Osten James A. YES Parker Glenn P. YES Seferian Alan V. NO Rotberg Robert ABSENT Steigenvald Jessica G. NO Whitman Robert V. YES Stolz Shirley H. NO Wood Loren NO Tiffany Carolyn H. NO Zurlo Reid E. YES Walker Melinda M. NO Precinct 4: Precinct 9: Baci Lisa A. NO Adler Alice J. YES Barncrt Nylcs Nathan NO Bhatia Narain D. YES Bloom Gloria J. NO Blicr Victoria Lawrence YES Burson Scott F. YES Canalc Richard L. YES Comnihan Timothy R. ABSENT Cohen Helen L. YES Davies John L. ABSENT Cole Rodney NO Enrich Peter David YES Coppe Margaret E. YES Hai Jill 1. NO Donahue Mary E. ABSENT Harris David J. NO Donovan Emily R. NO Heitz Margaret B. NO Fenn Thomas O. YES Kelley Beverly NO Garberg Mollie K. NO Krawczyk John J. NO Kennedy Janice A ABSENT Lamb Charles W. NO Kennedy William P. NO McDonald Ellen Jo NO Kole Laura J. NO Patrick John M. YES Manz Wendy YES Paul Gerald NO Mazerall John ABSENT Peitz Bathe NO McSweeney Leo P. NO Rosenberg John S. YES Perry Janet M. NO Santosuosso Nicholas NO Rosenberg Fred D. ABSENT Shaw Sandra J. YES Segovia Jesse F NO Thomas Ruth S. YES Stieglitz Francine NO Precinct 5: At-Larqe: Barnes Paul F. NO Battin Margery M. ABSTAIN Daggett Marjorie M. YES Burnell George A. NO Dondley Irene M. NO Cohen Norman P. YES Dratch Elaine YES Hooper Donna M. ABSTAIN Fenollosa Marilyn M. YES Kaufman Jay R. YES Flaster Ana H. YES Kelley Peter C.J. NO Friedlich Andrew J. NO Krieger Jeanne K. YES Galaitsis Anthony G. NO Lahey William L. ABSTAIN Guttag Olga P. ABSENT Manz Hank YES Hayward John NO Holland Gloria V. YES Kelly Ann M. ABSENT Liff Carol A. NO Lowry James R. NO Michelson Jerold S. NO Porter Loretta A. ABSENT Silverman Sam NO Snyder Jed N. ABSENT Traber M.Masha YES Weiss Ephraim YES Williams David G. NO 11:22 p.m. With a total of 66 voting in the affirmative, 105 in the negative,and 5 abstaining, Motion Not Adopted. 11:23 p.m. Charles Lamb,pr.4,served Notice of Reconsideration on Article 4. 11:24 p.m. Selectman Jeanne Krieger moved the meeting be adjourned to 7:30 p.m.,Wednesday, April 4,2007,Cary Memorial Hall. Motion Adopted. A tnie copy. Attest: Donna M.Hooper,Town Clerk Adjourned session of the 2007 Annual Town Meeting April 4,2007 Moderator Margery M.Baffin called the third session of the 2007 Annual Town Meeting to order at 7:30 p.m.,Cary Memorial Hall. A quorum of 166 members was present. The Moderator explained anticipated order of business for the evening. ARTICLE 2: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES 7:40 p.m. Richard Canale moved the reports of the MAPC(Metropolitan Arca Planning Council)be accepted and placed on file;the Lexington Reconnaissance Report be accepted and placed on file and the Report of Article 8,2006 Resolution for a Scenic Byway be accepted and placed on file. Adopted Unanimously. 7:51 p.m. Presented by Richard Canale. ARTICLE 5: AMEND ZONING BY-LAW, TREE MANAGEMENT 7:51 p.m. Richard Canale moved the Report of the Planning Board be accepted and placed on file. Motion Adopted. MOTION: To see if the Town will vote to amend the Zoning Bylaw of the Town of Lexington as follows: 1.Add anew section 135-11.B(1)(d)as follows: (d)Does not result in the removal of protected trees when the subject of the special permit meets any of the circumstances of Chapter 120-4(see definition of protected tree in Chapter 120-3),or,where such protected trees arc proposed to be removed,that the removal is mitigated through replanting or other means. 2.Add a new section 135-12.B(1)(c)as follows: (c)Does not result in the removal of protected trees when the subject of the special permit with site plan review meets any of the circumstances of Chapter 120-4(see definition of protected tree in Chapter 120-3),or,where such protected trees are proposed to be removed,that the removal is mitigated through replanting or other means. And re-letter existing§135-12.B(1)(c)through§135-12.B(1)(f)to be§135-12.B(1)(d)) through§135-12.B(1)(g) 3.Insert"by preserving mature trees"after"steep slopes"in Section 135-12B(2)(b)so that it reads as follows(new text is underlined): (b)That the existing land form is preserved in its natural state,insofar as practicable,by minimizing grading and the erosion or striping of vegetation that may result therefrom, particularly from development on steep slopes;by preserving mature trees;and by maintaining man-made features that enhance the land form,such as stone walls,with minimal alteration or disruption; 4.Delete§ 135-53.C and replace it as follows(new text is underlined): C.The landscaping plan shall show: (1)Existing and proposed grades,the existing vegetative cover to be retained,and including the location,size and type of such vegetation,existing trees with a 6"DBH or greater, identification of specimen trees,trees to be removed,and trees to be transplanted; (2)The proposed site development plan showing existing and proposed building footprints,walls,fences,parking spaces,loading bays,driveways,walks,storage areas, public rights-of-way,easements and the location of structures on,and the uses of, abutting properties; (3)A plan and plant schedule giving botanical and common names of plants to be used,size at time of planting,mature size,rate of growth,quantity of each,location and method of any excavation and soil preparation,and the spacing and location of all proposed trees,shrubs and ground covers; (4)The methods for protecting plant materials during and after construction,including a tree maintenance plan,outlining the owners'obligation to maintain and protect trees on the property on an ongoing basis. or act in any other manner in relation thereto. 7:51 p.m. Richard Canale reported the unanimous support of the Planning Board. 7:56 p.m. Selectman Jeanne Krieger reported the support(4-1)of the Board of Selectmen. Adjourned Session of the 2007 Annual Town Meeting—April 4,2007 7:58 p.m. Nyles Barnert reported the support of the Board of Appeals. 7:59 p.m. James Wood,pr.7,reported the unanimous support of the Tree Committee. Members spoke in favor and in opposition,questioning setbacks,proposed changes,enforcement,and penalties. 8:13 p.ni. Victoria Blicr,pr.9,questioned proposed changes and if it was needed to vote Article 13 before Article 5. Planning Board Chairperson Wendy Manz explained Article 5 action and reported the willingness of the Planning Board to defer action on Article 5 until after Article 13. 8:18 p.m. Wendy Manz,pr.9,moved to postpone action on Article 5 until after Article 13. Motion Adopted. 8:19 p.m. Presented by Wendy Manz..pr.9. ARTICLE 6: AMEND ZONING BY-LAW, PENALTIES MOTION: That this article be indefinitely postponed. Motion Adopted. 8:19 p.m. Presented by Wendy Manz,pr.9. ARTICLE 7: ZONING BY-LAW,AMEND RO TO CRS AT 303 WALTHAM STREET(OWNER'S PETITION) MOTION: That this article be indefinitely postponed. Motion Adopted. 8:20 p.m. Presented by Selectman Norman Cohen. ARTICLE 8: AMEND NOTICE PROVISIONS: CHAPTER 215 OF THE ACTS OF 1929 MOTION: That the Selectmen be and they are hereby authorized to petition the General Court for an Act to amend Section 3 of Chapter 215 of the Acts of 1929,as amended,by deleting the requirement that the Town Clerk mail notices of town meetings to town meeting members. Norman Cohen explained requested action and reported the unanimous support of the Board of Selectmen. Motion Adopted Unanimously. 8:23 p.m. Presented by Selectman Norman Cohen. ARTICLE 9: AMEND GENERAL BYLAWS-STATE ELECTION WARRANTS MOTION: That§118-2 of the Code of the Town of Lexington be amended as set forth in the article. WARRANT TEXT: To see if the Town will vote to amend*118-2 of the Code of the Town of Lexington(Posting and Mailing of Warrant)by adding at the end thereof the following: `The warrant for a state election need only be served by posting a printed copy thereof in the Town Office Building.";or act in any other manner in relation thereto. Norman Cohen explained requested action and reported the support of the Board of Selectmen. Motion Adopted. 8:27 p.m. Presented by Selectman Norman Cohen. ARTICLE 10: AMEND GENERAL BYLAWS-COMMUNITY PRESERVATION SURCHARGE EXEMPTION MOTION: That the Code of the Town of Lexington be amended by adding a new Chapter 115 thereto as set forth in the article. WARRANT TEXT: To see if the Town will vote to amend the Code of the Town of Lexington by adding a new Chapter 115 thereto entitled"Taxes"and a new Article I thereunder as follows; or act in any other manner in relation thereto. Chapter 115 TAXES ARTICLE I §115-1. Exemption From Community Preservation Act Surcharge Taxpayers qualifying for the low-income exemption, as provided for in the Massachusetts Community Preservation Act and approved by the voters of the Town, shall submit an application for the exemption on a form provided by the Board of Assessors,within three months after the actual tax bill is mailed. Norman Cohen summarized the requested action. Motion Adopted Unanimously. Adjourned Session of the 2007 Annual Town Meeting—April 4,2007 8:30 p.m. Presented by Selectman Norman Cohen. ARTICLE 11: AUTHORIZE TERMS FOR CERTAIN CONTRACTS MOTION: That the Town Manager,with the approval of the Board of Selectmen,be authorized to enter into contracts relating to rental of town buildings for periods not to exceed twenty years and for transportation services for periods not to exceed ten years. Norman Cohen summarized requested action and reported unanimous support of the Board of Selectmen. 8:32 p.m. Dawn McKenna reported the unanimous support of the Tourism Committee. Town Manager Carl Valente and Selectman Norman Cohen responded to questions from members regarding current contract periods and provisions for property leases. 8:45 p.m. Charles Lamb,pr.4,Capital Expenditures Committee,reported no position. 8:46 p.m. Town Counsel William Lahey reported Massachusetts General Law limits a town's ability to lease property without Town Meeting approval. 8:48 p.m. Charles Lamb,pr.4,moved the question. Motion Adopted 8:50 p.m. Motion Adopted. 8:50 p.m. Presented by Selectman Hank Manz. ARTICLE 12: TRANSFER OF BARNES PROPERTY(WHITE HOUSE)TO SELECTMEN MOTION: That the Town transfer the care,custody,management and control of the Barnes Property(White House)on Massachusetts Avenue shown as a portion of Lot 170A on Assessor's Property Map 48 to the Board of Selectmen effective September I,2007. Hank Manz reported the support of the Board of Selectmen(4-1). School Committee Chairman Thomas Diaz reported the unanimous support of the School Committee. Members questioned the decommissioning costs for the building,school capital requests, and relocation of the school administrative offices. 9:01 p.m. The Moderator declared the Motion Adopted by more than the necessary two-thirds vote. 9:01 p.m. Presented by James Wood,pr.7. ARTICLE 13: AMEND TREE BYLAW MOTION: That Chapter 120 of the Code of the Town of Lexington("Trees")be amended as follows: 1. By deleting the word"eight"in the definition of PROTECTED TREE in§120-3 and substituting therefor the word"six". 2. By deleting the definition of SETBACK AREA in§120-3 and substituting therefor the following: "SETBACK AREA—The minimum setback area around a lot shall be measured 30 feet from the front and 15 feet from the two sides and from the rear of the lot. For the purposes of establishing the setback area in which the provisions of this bylaw shall apply,the measurement shall be from any point on any property line of the lot,to points along an imaginary line drawn representing the setback arca as specified. Final judgments regarding required tree protections during construction shall be made by the Tree Warden where deviations from the setback are required." 3. By deleting in§120-8B the word"eight-inch"and substituting therefor the word six- inch". 4. By adding a new sub-sub section(4)at the end of §120-8C as follows: "(4) All evergreens planted as replacement trees must be a minimum of 6 feet in height and may include,without limitation,pine,hemlock,spruce and fir. Low-growing evergreens shall not be accepted as replacement trees." 5. By adding the following new sub-sections at the end of §120-8: "D. Trees not removed. Trees that are to be left on the site must be protected as specified in the Tree Management Manual(pages 19-20 and figures 9, 10 and 11). E. Failure to protect trees not removed. Trees left on site must be protected;and if not done so as required by this Bylaw,the Tree Warden may impose the following: (1)The town may undertake tree protection measures and bill for any labor and material charges incurred. (2) The town may require replacement plantings larger than three inches in diameter to replace trees damaged during construction. Adjourned Session of the 2007 Annual Town Meeting—April 4,2007 (3) The town may hire an arborist whose charges will be billed to the owner/builder to ensure that trees left on the site will survive and remain healthy. (4) The town may impose fines as per the fine schedule in §120-10 of this Bylaw." 6. By deleting the words"into the Contribution",capitalizing the word"fund"following the words"Lexington Tree"so that the phrase reads"Lexington Tree Fund"and deleting "[sic]",all in the first sentence of§120-14. 7. By adding a new§120-15 as follows: "§120-15. Tree Management Manual. The Lexington Tree Management Manual will be used as the standard for tree planting, maintenance and protection in the Town." 9:01 p.m. James Wood reviewed requested changes. 9:08 p.m. Jeanne Krieger reported support(4-1)of the Board of Selectmen. 9:09 p.m. Wendy Manz reported unanimous support of the Planning Board. Members questioned proposed tree manual changes. 9:15 p.m. Ingrid Klimoff,pr.8,reported the full support of the Natural Resources Committee of the League of Women Voters. Members continued to question setback,lot size,and building on wooded lots. 9:20 p.m. Tree Warden David Pinsonncault explained the bylaw. 9:24 p.m. Selectman Peter Kelley spoke in opposition. Joyce Miller,pr.7, reported the support of the Conservation Committee. 9:27 p.m. Motion Adopted. 9:28 p.m. Presented by Wendy Manz. ARTICLE 5: AMEND ZONING BY-LAW, TREE MANAGEMENT (see motion from earlier in the evening) Planning Board Chair Wendy Manz responded to questions posed regarding tree cutting. 9:30 p.m. The Moderator declared Motion Adopted by more than the necessary two-thirds vote. 9:30 p.m. Presented by Bebe Fallick,pr.6. ARTICLE 14: AMEND GENERAL BYLAWS-TOURISM COMMITTEE MOTION: That Chapter 29 of the Code of the Town of Lexington be amended as set forth in the article. WARRANT TEXT: To see if the Town will vote to amend Chapter 29 of the Code of the Town of Lexington by adding thereto a new Article VII—Tourism Committee,as follows: ARTICLE VII Tourism Committee §29-23. Membership;terms of office. The Town shall have a Tourism Committee consisting of seven to twelve members. Membership shall include interested citizens and a representative from the Lexington Chamber of Commerce,a representative from the Historical Society,a representative from the National Heritage Museum,and a representative from the National Park Service. Members of the Committee shall be appointed annually by the Board of Selectmen to serve a one-year term. §29-24. Powers and duties. The Tourism Committee shall be charged with enhancing and promoting tourism within the Town. The Committee shall work with the Chamber of Commerce,the Historical Society,the National Heritage Museum,and the National Park Service to insure a cohesive tourism experience; Bebe Fallick reviewed requested action. 9:31 p.m. Norman Cohen reported support(4-I)of the Board of Selectmen. Selectmen George Burnell reported his opposition to making the committee a bylaw committee. 9:35 p.m. Motion Adopted. 9:35 p.m. Marilyn Fenollosa,pr.5"moved Article 15 be postponed until the first order of business,Wednesday,April 11th. Motion Adopted. 9:35 p.m. Anthony Galaitsis,pr.6,moved the Majority Report of the Ad Hoc Committee Under Article 40—Engine Run-Up be accepted and placed on file. Motion Adopted. Adjourned Session of the 2007 Annual Town Meeting—April 4,2007 ARTICLE 16: AMEND GENERAL BYLAWS— ENGINE OPERATION OF STOPPED VEHICLES MOTION: That the Code of the Town of Lexington-General Bylaws Section- be amended by adding a new Chapter 46 as follows: Chapter 46 ENGINE OPERATION OF STOPPED VEHICLES §46-1. Findings. The Town of Lexington finds that unnecessary operation of motor vehicle engines jeopardizes the health,safety,and welfare and degrades the quality of life of its citizens and environment. §46-2. Purpose and applicability. A. The purpose of this by-law is to protect the citizens of Lexington and the environment from the harmful effects of unnecessary operation of motor vehicle engines.Idling of motor vehicle engines adversely affects air quality;wastes fuel and money:contributes to global warming;and can impair health,especially the health of children. Exhaust fumes contain fine particles,which can trigger asthma attacks,the most chronic disease in children. B. This by-law shall apply to the unnecessary operation of motor vehicle engines within the limits of the Town of Lexington and shall be consistent in scope with relevant state and federal statutes and regulations. C. All town departments and agencies shall,to the fullest extent consistent with federal and state laws and regulations,carry out their programs in such a manner as to comply with this by-law. D. Provisions in this by-law shall not apply to any activity to the extent regulation thereof has been preempted by state or federal law. §46-3. Prohibition of unnecessary operation of motor vehicle engines. A. No person shall operate a motor vehicle engine in violation of Massachusetts General Laws Chapter 90,Section 16A. §46-4. Enforcement and penalties. A. Local enforcement of the state prohibition on unnecessary operation of motor vehicle engines is authorized under 310 CMR 7.11 and 7.52. B. The Police Department,Fire Department,Board of Health,Building Commissioner,or any designee thereof shall be authorized to enforce this by-law. C. Any person who violates any provision of this by-law may be subject to fines assessed for violations under Chapter 1,§ 1-6,which shall be recoverable by non-criminal disposition,or fines assessed under Chapter 90,Section 16A of the Massachusetts General Laws,or in the event of recurring,frequent or egregious violations,by indictment or by complaint of the enforcing officer.The imposition of a penalty for any violation shall not excuse the violation or permit it to continue.Each time that such violation recurs shall be considered a separate offense. §46-5. Severability. If any section,paragraph or part of this by-law is for any reason declared invalid or unconstitutional by any court,every other section,paragraph and part shall continue in full force. §46-6. Relationship to other laws. Nothing in this by-law shall be construed to restrict,amend,repeal,or otherwise limit the application or enforcement of existing Town of Lexington by-laws or Commonwealth of Massachusetts laws. Adjourned Session of the 2007 Annual Town Meeting—April 4,2007 §46-7. Rules and regulations. The Board of Selectmen,or its designees,may promulgate,after public notice and hearing, rules and regulations to effectuate the purposes and intent of this by-law.However,failure by the Board of Selectmen to promulgate such rules and regulations shall not act to suspend or invalidate the effect of this by-law. and,that Chapter I,paragraph 1-6.B of the Code of the Town of Lexington be amended by inserting, in the appropriate numeric sequence of chapter headings referenced therein,the following: Chapter 46.Engine operation of stopped vehicles. Fine Schedule for offenses within a three-year period: 1st Offense:Written warning 2nd Offense:$50 per violation 3rd Offense:$100 per violation 4th Offense and subsequent offenses: $200 9:36 p.m. Anthony Galaitsis reviewed requested action. 9:45 p.m. Selectman Jeanne Krieger moved the Minority Report of the Ad Hoc Committee Under Article 40—Engine Run-Up be accepted and placed on file. Motion Adopted. Jeanne Krieger reported support for reducing idling,not a bylaw. 9:49 p.m. Norman Cohen reported the opposition(4-1)of the Board of Selectmen. 9:53 p.m. Thomas Diaz,pr.3,reported the support(4-1)of the School Committee. 9:54 p.m. Thomas Griffiths,pr.7,spoke on behalf of the majority of the School Committee. 9:55 p.m. Thomas Diaz reported his views, the minority position of the School Committee. 9:58 p.m. Wendy Bernays reported the unanimous support of the Board of Health. 9:59 p.m. Town Counsel William Lahey responded to questions on the definition of`vehicles' and enforceability. Members and citizens from the audience spoke in support and opposition,raising the issue of enforceability and individual rights. 10:13 p.m. Police Chief Christopher Casey responded to questions on enforceability. Discussion ensued. 10:26 p.m. Marsha Baker,pr.7,moved the question. Motion Adopted. 10:31 p.m. Following an uncertain voice vote,the Moderator called for a standing vote,tallied as follows: Pctl Pct2 Pct2 Pct4 Pct5 Pct6 Pct7 Pct8 Pct9 AL TOTAL YES 8 9 3 15 13 12 7 13 8 6 94 NO 9 5 13 2 5 6 9 3 4 4 60 10:31 p.m. With 94 voting in the affirmative and 60 in the negative,Motion Adopted. 10:31 p.m. Dawn McKenna,pr.6,served notice of reconsideration of Article 16. 10:31 p.m. Presented by Selectman Norman Cohen. ARTICLE 17: ACCEPT MGL CHAPTER 32,SECTION 7(2)(a)(iii)(ACCIDENTAL DISABILITY—PAYMENTS TO DEPENDENT CHILDREN)AND MGL CHAPTER 32,SECTION 9(2)(d)(ii)(ACCIDENTAL DEATH—PAYMENT TO DEPENDENT CHILDREN) MOTION: That the Town hereby accepts Sections 7(2)(a)(iii)and 9(2)(d)(ii)of Chapter 32 of the Massachusetts General Laws. Selectman Norman Cohen reviewed requested action and reported the unanimous support of the Board of Selectmen. 10:34 p.m. Alan Levine,pr.8,reported Appropriation Committee support. 10:35 p.m. Town Manager Carl Valente explained this statute is not subject to coalition bargaining. 10:36 p.m. Motion Adopted. 10:37 p.m. Presented by Selectman Peter Kelley. ARTICLE 18: ACCEPT MGL CHAPTER 32B,SECTION 18(MEDICARE EXTENSION PLANS) MOTION: That the Town hereby accepts Section 18 of Chapter 32B of the Massachusetts General Laws. Selectman Kelley then moved the following SUBSTITUTE MOTION: That this Article be indefinitely postponed. Motion for Indefinite Postponement Adopted. Adjourned Session of the 2007 Annual Town Meeting—April 4,2007 10:37 p.m. Presented by Selectman Norman Cohen. ARTICLE 19: ACCEPT MGL CHAPTER 71,SECTION 37M (JOINT FACILITIES DEPARTMENT) MOTION: That the Town hereby accepts Section 37M of Chapter 71 of the Massachusetts General Laws. 10:39 p.m. Norman Cohen explained this motion was to reconfirm the vote taken at the 2006 Special Town Meeting. 10:39 p.m. Eric Michelson,pr.2,reported unanimous support of the Appropriation Committee. 10:40 p.m. Thomas Diaz,pr.3,reported the support of the School Committee. 10:40 p.m. Motion Adopted Unanimously. 10:40 p.m. Presented by Jessica Steigerwald,pr.8. ARTICLE 20: RESOLUTION REQUESTING SCHOOL COMMITTEE POLICY ON SAFE TRANSPORT OF SPECIAL EDUCATION CHILDREN(CITIZEN'S PETITION) MOTION: Resolved that the Town hereby requests that the School Committee adopt a policy,consistent with the requirements of law and applicable State and Federal regulations and guidelines,and that the Superintendent publish such policy,to provide for the safe transport by a non-family driver,of autistic,sick students when an assigned van monitor in the Special Education program,from their local school to their home. 10:40 p.m. Anne Frymer,64 Asbury Street,explained requested action. 10:47 p.m. School Committee Chairman Thomas Diaz,pr.3,reported opposition(5-0)the School Committee, commenting the Resolution sought additional guarantees that may not be possible. 10:49 p.m. George Burnell reported the support of the Board of Selectmen 10:52 p.m. Following an uncertain voice vote,the Moderator called for a standing vote,tallied as follows: Pctl Pct2 Pct2 Pct4 Pct5 Pct6 Pct7 Pct8 Pct9 AL TOTAL YES 3 6 2 6 5 5 2 5 1 8 43 NO 11 5 13 10 11 11 13 7 10 2 93 10:56 p.m. With 43 having voted in the affirmative and 93 in the negative,the motion was declared Not Adopted. 10: 6 p.m. Selectman Jeanne Krieger moved the meeting adjourn until 7:30 p.m.,Monday,April 9,2007 at Cary Memorial Hall. Motion Adopted. A true copy. Attest: Donna M.Hooper,Town Clerk Adjourned session of the 2007 Annual Town Meeting April 9,2007 Moderator Margery M.Battin called the fourth session of the 2007 Annual Town Meeting to order at 7:30 p.m.,Cary Memorial Hall. A quorum of 179 members was present. The Moderator explained anticipated order of business for the evening. ARTICLE 2: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES 7:35 p.m. Sandra Shaw,pr.4,moved the Report of the Recreation Committee be accepted and placed on file. Committee Chairman Rick DeAngelis presented the Committee's oral report. Motion Adopted Unanimously. 7:40 p.m. William Kennedy,pr.9,moved the Report of LexHAB(Lexington Housing Assistance Board)be accepted and placed on file. Mr.Kennedy reported on the 2006 activities of LexHAB. Motion Adopted Unanimously. 7:46 p.m. Charles Lamb,pr.4,moved the Report of the Capital Expenditures Committee be accepted and placed on file. Motion Adopted Unanimously. 7:50 p.m. Moderator Margery Battin has filed written notification with the Town Clerk and explained to the members she will recuse herself from presiding over Article 26(1). Town Counsel William Lahey will preside. Richard Battin,pr8,has filed written notification with the Town Clerk he will abstain from voting on Article 26(1). Adjourned Session of the 2007 Annual Town Meeting—April 9,2007 7:50 p.m. Selectman Jeanne Krieger moved Article 26 be taken up. Adopted Unanimously. 7:50 p.m. Presented by Betsey Weiss,pr.2,Community Preservation Committee. Betsey Weiss explained the article would be voted separately for part L sections a,b,c,d;then each section in part 2. Ms.Weiss proceeded to explain each part and section,voted as follows: ARTICLE 26: APPROPRIATE FOR FY2008 COMMUNITY PRESERVATION COMMITTEE OPERATING BUDGET AND FOR CPA PROJECTS MOTION: That the Town hear and act on the report of the Community Preservation Committee on the FY2008 Community Preservation budget and, pursuant to the recommendations of the Community Preservation Committee,take the following actions: That the Town reserve for appropriation the following amounts from estimated FY2008 receipts as recommended by the Community Preservation Committee a. $523,347 for the acquisition,creation and preservation of open space excluding land for recreational use; b. $676,045 for the acquisition,preservation,rehabilitation and restoration of historic resources; c. $523,347 for the creation,preservation and support of community housing;and d. $3,510,731 to the general unreserved fund balance of the Community Preservation Fund. And further,that the Town make appropriations from the Community Preservation Fund as follows a. That$40,000 be appropriated from the general unreserved fund balance of the Community Preservation Fund for the Center Playfields drainage engineering study. b. That$367,000 be appropriated from the Historic Resources Reserve of the Community Preservation Fund for the rehabilitation of the Munroe and Old Burial Grounds. c. That$18,120 be appropriated from the Historic Resources Reserve of the Community Preservation Fund for the installation of fire monitoring systems in Buckman Tavern,Hancock-Clarke House and Munroe Tavern. d. That$10,685 be appropriated from the Historic Resources Reserve of the Community Preservation Fund for the replacement of the boiler in Buckman Tavern. e. That$90,000 be appropriated from the Historic Resources Reserve of the Community Preservation Fund for a comprehensive cultural resource survey. f. That$228,404 be appropriated from the Community Housing Reserve of the Community Preservation Fund for window replacements at Greeley Village. g. That$43,000 be appropriated from the Historic Resources Reserve of the Community Preservation Fund for a structural evaluation of the East Lexington Library. h. That$147,130 be appropriated from the Historic Resources Reserve of the Community Preservation Fund for the rehabilitation of Cary Memorial Hall for performances. i. That$18,360 be appropriated from the Historic Resources Reserve of the Community Preservation Fund for signage for historic Lexington. j. That$300,000 be appropriated from the Community Housing Reserve of the Community Preservation Fund for the Douglas House community housing project. k. That$62,500 be appropriated from the Open Space Reserve of the Community Preservation Fund and$62,500 be appropriated from the general unreserved fund balance of the Community Preservation Fund for a walking/bike trail master plan. 1. That$26,750 be appropriated from the Historic Resources Reserve of the Community Preservation Fund and$26,750 be appropriated from the Community Housing Reserve of the Community Preservation Fund for a structural study of the Muzzey Condominium Building. m. That$50,000 be appropriated from the general unreserved fund balance of the Community Preservation Fund to meet the administrative expenses and all other necessary proper expenses of the Community Preservation Committee for FY2008. Adjourned Session of the 2007 Annual Town Meeting—April 9,2007 (a-d) Norman Cohen reported the unanimous support of the Board of Selectmen. Charles Lamb reported the unanimous support of the Capital Expenditures Committee. Alan Levine reported the unanimous support of the Appropriation Committee. 7:57 p.m. Members questioned the strategic planning of the Community Preservation Committee,land purchases,funds for affordable housing,and long term priorities. 8:07 p.m. Part 1,sections a,b,c,d—Adopted Unanimously 8:07 p.m. Charles Lamb served notice of reconsideration of Part 1,sections a,b,c,d 8:07 p.m. (a) Betsey Weiss reported the support of the Community Preservation Committee. Selectman Norman Cohen reported the unanimous support of the Board of Selectmen. Charles Lamb reported the unanimous support of the Capital Expenditures Committee. David Kanter reported the unanimous support of the Appropriation Committee. 8:11 p.m. Motion 26(a)Adopted Unanimously. 8:14 p.m. Charles Lamb served notice of reconsideration for Part 2,section(a). (b) Betsey Weiss reported the support of the Community Preservation Committee. Norman Cohen reported the unanimous support of the Board of Selectmen. Charles Lamb reported the unanimous support of the Capital Expenditures Committee. David Kanter reported the unanimous support of the Appropriation Committee. 8:15 p.m. Members questioned plans for cemetery rehabilitation and grant possibilities. 8:18 p.m. Motion 26(b)Adopted Unanimously. 8:19 p.m. (c) Betsey Weiss reported the support of the Community Preservation and Tourism Committees. Norman Cohen reported the unanimous support of the Board of Selectmen. Charles Lamb reported the unanimous support of the Capital Expenditures Committee. David Kanter reported the unanimous support of the Appropriation Committee. 8:21 p.m. Charles Lamb served notice of reconsideration for Part 2,section(b). Members questioned other possible capital projects not included in the Article. 8:22 p.m. Motion 26(c)Adopted Unanimously 8:23 p.m. (d) Betsey Weiss reported the support of the Community Preservation and Tourism Committees. Norman Cohen reported the unanimous support of the Board of Selectmen. Charles Lamb reported the unanimous support of the Capital Expenditures Committee. David Kanter reported the unanimous support of the Appropriation Committee. 8:26 p.m. Charles Lamb served notice of reconsideration for Part 2,section(c). 8:26 p.m. Motion 26(d)Adopted Unanimously 8:26 p.m. (e) Betsey Weiss moved to postpone Article 26(e)to Wednesday,April 11, 2007 immediately after Article 15. Motion Adopted Unanimously. 8:26 p.m. (0 Betsey Weiss reported the support of the Community Preservation Committee. Norman Cohen reported the unanimous support of the Board of Selectmen. Charles Lamb reported the unanimous support of the Capital Expenditures Committee. David Kanter reported unanimous support of the Appropriation Committee. 8:29 p.m. Charles Lamb served notice of reconsideration for Part 2,section(d). 8:30 p.m. Housing Authority Director Ann Whitney responded to funding questions from members,and anticipated energy savings from window replacement. 8:34 p.m.. Motion 26(f)Adopted 8:36 p.m. (g) Betsey Weiss reported the support of the Community Preservation Committee. Norman Cohen reported support of the Board of Selectmen. Charles Lamb reported the unanimous support of the Capital Expenditures Committee. David Kanter reported the unanimous support of the Appropriation Committee. 8:41 p.m. Charles Lamb served notice of reconsideration for Part 2,section(f). 8:41 p.m. Selectman Peter Kelley spoke in opposition. Members questioned continued use of the Stone Building by the Trustees of Cary Memorial Library,costs for study and other possible use for building. Library Director Cornelia Rawson addressed strategic planning currently underway. 8:48 p.m. Members questioned the notion at hand. Selectman Norman Cohen,Town Counsel William Lahey,and the Moderator clarified motion. 8:52 p.m. Members spoke in opposition and questioned`preservation aspects'.Library Director Rawson explained intent to maintain the integrity of the building. Adjourned Session of the 2007 Annual Town Meeting—April 9,2007 8:53 p.m. Motion 26(g)Declared Adopted; The Moderator called for a standing vote after the vote was doubted,tallied as follows: Pc11 Pct2 Pct2 Pct4 Pct5 Pct6 Pct7 Pc18 Pc19 AL TOTAL YES 9 6 9 6 9 12 9 8 8 18 94 NO 8 8 11 11 8 7 7 8 7 1 76 8:57 p.m. With 94 having voted in the affirmative and 76 in the negative,the Motion 26(g) Declared Adopted 8:57 p.m. Charles Lamb served notice of reconsideration on Article 26(g). 9:00 p.m. (h) Betsey Weiss reported the support of the Community Preservation Committee.Norman Cohen reported the unanimous support of the Board of Selectmen. Charles Lamb reported the intent of the Capital Expenditures Committee to propose an amendment to change the amount to$77,130. AMENDMENT: That the amount of$147,130 be amended to read$77,130. David Kanter reported the unanimous support of the Appropriation Committee for the amendment. 9:06 p.m. Members spoke in opposition to the amendment and questioned feasibility criteria. Town Manager Carl Valente reviewed feasibility issues. 9:20 p.m. Sheila Watson,Lexington Center Committee,reviewed components to the requested project and eventual total costs for building enhancement to be under$1,500,000. 9:27 p.m. Amendment to 26(h)Not Adopted. 9:28 p.m. Discussion on the main motion ensued. 9:29 p.m. David Kanter reported support of the main motion(7-I)of the Appropriation Committee. Charles Lamb reported support of the main motion by the Capital Expenditures Committee. Members questioned review of energy systems and parking needs. 9:30 p.m. Main Motion 26(h)Adopted. 9:31 p.m. Charles Lamb served notice of reconsideration for Part 2,section(h). 9:32 p.m. (i) Betsey Weiss reported the support of the Community Preservation Committee.Norman Cohen reported the unanimous support of the Board of Selectmen. Charles Lamb reported the unanimous support of the Capital Expenditures Committee. David Kanter reported the unanimous support of the Appropriation Committee. 9:34 p.m. Motion 26(i)Adopted. 9:34 p.m. Charles Lamb served notice of reconsideration for Part 2,section(i). 9:35 p.m. (j) Betsey Weiss reported the support of the Community Preservation Committee.Norman Cohen reported the unanimous support of the Board of Selectmen. Charles Lamb reported the unanimous support of the Capital Expenditures Committee. David Kanter reported the support of the Appropriation Committee(6-2). 9:42 p.m. Douglass House representative,Ms.Dorr responded to questions from members regarding complexes in 2 other communities,and plans for moving ahead if funding is not authorized. Discussion ensued,with members speaking in support and in opposition. 9:52 p.m. Motion 26(j)Adopted. 9:52 p.m. Charles Lamb served notice of reconsideration for Part 2,section(j). 9:53p.m. (k) Betsey Weiss reported the support of the Community Preservation Committee. Norman Cohen reported the unanimous support of the Board of Selectmen. Charles Lamb reported the unanimous support of the Capital Expenditures Committee. David Kanter reported the unanimous support of the Appropriation Committee. 9:55 p.m. Motion 26(k)Adopted Unanimously. 9:55 p.m. Charles Lamb served notice of reconsideration for Part 2,section(k). 9:56 p.m. Town Counsel William Lahey moderated Article 26(1)in the absence of Moderator Margery Battin who removed herself from the hall during article discussion.Richard Battin,pr.8, filed written notification with the Town Clerk that he will abstain from voting on Article 26(1). 9:56 p.m. (1) Betsey Weiss reported the support of the Community Preservation Committee,Lexington Housing Assistance Board and Council on Aging. Norman Cohen reported support of the Board of Selectmen. Adjourned Session of the 2007 Annual Town Meeting—April 9,2007 David Kanter reported the unanimous support of the Appropriation Committee on a substitute motion to be made by Mr.Levine. 10:07 p.m. Alan Levine,pr.8,moved the following substitute motion for Article 26(1): SUBSTITUTE MOTION [Article 26(1)1: That the main motion under Article 26(1)be amended to read as follows: That$5,950 be appropriated from the Historic Resources Reserve of the Community Preservation Fund and$5,950 be appropriated from the Community Housing Reserve of the Community Preservation Fund for a structural study of the Muzzey Condominium Building, provided that(a)the full study is undertaken,(b)that this appropriation is used only to fund the Town's pro-rata share of an assessment made on all unit owners in the condominium association,and(c)the Town's pro-rata share of the assessment on the unit owners does not exceed 20%of the total assessment. 10:07 p.m. Charles Lamb reported the unanimous support of the Capital Expenditures Committee for the substitute motion. 10:08 p.m. Selectman Norman Cohen reported a majority of the Board of Selectmen opposed the amendment. Thomas Baffin,Chairman of the Trustees of the Muzzcy Condominiums,spoke in opposition to the amendment. Members spoke in support and opposition to the amendment. 10:23 p.m. Eric Michelson,pr.1,reviewed previous support of the town of Lexington to Muzzcy Condominium Association for building issues. 10:29 p.m. Muzzey Condominium resident Mary Keady spoke on the benefit of the town's contribution,be it through this request or as a condominium owner. 10:39 p.m. A standing vote on the Substitute Motion was called,and tallied as follows: Pct1 Pct2 Pct2 Pct4 Pct5 Pct6 Pct7 Pct8 Pct9 AL TOTAL YES 7 3 7 13 8 10 8 12 2 9 79 NO 8 7 13 3 8 6 8 3 13 10 79 10:42 p.m. With 79 having voted in the affirmative and 79 in the negative, Substitute Motion Not Adopted. 10:42 p.m. Sheldon Spector,pr.6,moved the question on the Main Motion—26(1). 10:43 p.m. David Kanter reported the opposition of the Appropriation Committee(7-1). Charles Lamb reported the unanimous opposition of the Capital Expenditures Committee. 10:44 p.m. Following a voice vote, the Moderator declared the question now put. 10:45 p.m. A standing vote on the Main Motion was called,and tallied as follows: Pct1 Pct2 Pct2 Pct4 Pct5 Pct6 Pct7 Pct8 Pct9 AL TOTAL YES 8 7 12 4 8 8 9 1 14 11 82 NO 7 3 8 13 7 8 7 13 1 9 76 10:42 p.m. With 82 having voted in the affirmative and 76 in the negative, the Main Motion [26(1)1 Adopted. 10:49 p.m. (m) Betsey Weiss reported the support of the Community Preservation Committee. Norman Cohen reported the unanimous support of the Board of Selectmen. Charles Lamb reported the unanimous support of the Capital Expenditures Committee. David Kanter reported the unanimous support of the Appropriation Committee. 10:53p.m. Members questioned the projects rejected by the Community Preservation Committee. 10:56 p.m. Motion 26(m)Adopted. 10:56 p.m. Charles Lamb served notice of reconsideration for Article 26(m). 10:57 p.m. Selectman Jeanne Krieger moved adjournment until 7:30 p.m.,Monday,April 11, 2007,Cary Memorial Hall. Adopted Unanimously. A true copy. Attest: Donna M.Hooper,Town Clerk Adjourned session of the 2007 Annual Town Meeting April 11,2007 Moderator Margery M.Baffin called the fifth session of the 2007 Annual Town Meeting to order at 7:30 p.m.,Cary Memorial Hall. A quorum of 166 members was present. The Moderator explained anticipated order of business for the evening. The Moderator reviewed planned order for articles then called a recess for a presentation to Lexington High School graduating seniors by Principal Dr.Michael Jones and Representative Jay Kaufman. 7:49 p.m. Selectman Jeanne Krieger moved Article 29 be taken up before Article 15. Motion Adopted. 7:50 p.m. Presented by Sandra Shaw,pr.4. ARTICLE 29: 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 Basketball Court Reconstruction—$85,000 for engineering services and for reconstructing the double basketball court at the Center Recreation Complex, and to meet the appropriation$85,000 be raised in the tax levy. b. Valley Road Tennis Courts—$130,000 for the construction of the Valley Road municipal tennis courts,and to meet this appropriation the Treasurer,with the approval of the Board of Selectmen,is authorized to borrow$130,000 under M.G.L.Chapter 44,Section 7,or any other enabling authority. c. Park Improvements—Athletic Fields—$50,000 for rehabilitating the athletic fields at Bowman School used by the Recreation Department,and to meet this appropriation$50,000 be raised in the tax levy. 7:50 p.m. Recreation Committee Member Robert Boudreau presented request for parts a,b,c. 7:59 p.m. Hank Manz reported the unanimous support of the Board of Selectmen. Shirley Stolz reported the unanimous support of the Capital Expenditures Committee. David Kanter reported the unanimous support of the Appropriation Committee. 8:02 p.m. Members questioned funding mechanism,condition of school playing fields,and possible funding by Community Preservation Act funds. 8:10 p.m. Motion declared adopted by more than the necessary two-thirds vote. 8:11 p.m. Charles Lamb,pr.4,served notice of reconsideration on Article 29. 8:11 p.m. Presented by Marilyn Fenollosa,pr.5. ARTICLE 15: AMEND DEMOLITION DELAY BYLAW MOTION: That Chapter 19 of the Code of the Town of Lexington be amended as follows: 1. By deleting from§ 19-2.the definition of"DEMOLITION"in its entirety and substituting therefor the following: DEMOLITION—any act of substantially pulling down,destroying,removing or razing a building or any portions thereof,or commencing the work of total or substantial destruction with the intent of completing the same. "Demolition"as used herein shall be deemed to include demolition by neglect. 2. By adding a new definition to§ 19.2.after the definition of"DEMOLITION"as follows: DEMOLITION BY NEGLECT-a process of ongoing damage to the fabric,viability and/or functionability of an unoccupied building leading towards and/or causing its eventual demolition due to decay and/or structural failure and/or severe degradation over a period of time as a result of a general lack of maintenance,and/or failure to secure the building from pests or vandals,and/or failure to take reasonable measures to prevent the ingress of water,snow,ice,and wind through the roof,walls,or apertures. 3. By deleting from§ 19.3.E.the words"at least six months after the date of such determination by the Commission"and substituting therefor the words"until any one of the conditions in Section 19-3.F is met". 4. By deleting the entirety of subsection F of§ 19-3 and substituting therefor the following: F. The Building Commissioner may issue a demolition permit for a preferably- preserved significant building at any time after: Adjourned Session of the 2007Annual Town Meeting—April 11,2007 (1) He receives written notice from the Commission that it is satisfied that there is no reasonable likelihood that either the owner or some other person or group is willing to purchase,preserve,rehabilitate or restore such building;or (2) He receives written notice from the Commission that it is satisfied that the owner has made continuing bona fide and reasonable efforts to locate a purchaser to preserve,rehabilitate and restore the subject building,and that such efforts have been unsuccessful;or (3) A period of twelve(12)months shall have elapsed since the date of the Commission's determination that the significant building which is the subject of the application for a demolition permit is a preferably- preserved building. 5. By renumbering the current§ 19-4 as§ 19-5,and the current§ 19.5 as§ 19.7. 6. By adding a new§ 19.4 as follows: § 19-4.Demolition by Neglect. A. If the Commission has reason to believe,through visual inspection or other means,that a significant building may be undergoing demolition by neglect,then the Commission shall notify the Building Commissioner and the owner,and the Commission and the Building Commissioner shall jointly hold a public hearing to i)confirm whether or not the building is a Significant Building and ii) determine whether or not it is undergoing demolition by neglect,which shall require the concurrence of the Building Commissioner. In furtherance of determining its condition,the Commission may,at any time,request an inspection of the building by the Building Commissioner. B. If the Commission and the Building Commissioner both determine that the building is undergoing demolition by neglect,the Commission and the Building Commissioner shall attempt to negotiate a voluntary agreement with the owner for appropriate and timely repairs sufficient to structurally stabilize the building and/or prevent further deterioration. C. In the event that the Commission and the Building Commissioner both determine that they are not able to negotiate such an agreement with the owner,for any reason,or that the owner has agreed to undertake but has failed to satisfactorily complete such repairs in a timely manner,then the Commission and the Building Commissioner may take such action as is permitted under section 19-5,including seeking a court order that specific repairs be undertaken to secure the building against the elements,vandals and vermin,to halt further deterioration,and to stabilize it stnicturally. The Commission may forbear from commencing an action in court for any reason. D. Upon completion of all repairs that have been agreed upon between the owner and the Commission and the Building Commissioner or that have been ordered by the Commission and the Building Commissioner,or that have been ordered by the court,and upon certification by the Building Commissioner that said repairs have been completed,the Commission shall certify that the building is no longer undergoing demolition by neglect. 7. By deleting in its entirety subsection B from the renumbered§ 19.5,and substituting therefor a new subsection B as follows: B. No building permit shall be issued with respect to any premises upon which a significant building has been voluntarily demolished in violation of this by-law for a period of two years after the date of the completion of such demolition or the date by which the Commission and the Building Commissioner both have determined that a building is undergoing demolition by neglect,whichever date is later,except pursuant to the issuance of a building permit pursuant to an agreement reached under section 19-4.B herein,or as otherwise agreed to by the Commission. As used herein "premises"includes the parcel of land upon which the demolished significant building was located. 8. By adding a new§ 19.6 as follows: § 19-6. Demolition on Account of Threat to Public Safety. Notwithstanding any other provision of this bylaw,nothing herein shall be construed to prevent the demolition of any structure or portion thereof which the Building Commissioner shall certify is required by the public safety because of an unsafe or dangerous condition. Adjourned Session of the 2007 Annual Town Meeting—April 11,2007 8:13 p.m. Historical Commission members David Kelland and Marilyn Fenollosa presented an overview of the Commission's responsibility,membership,and proposed bylaw changes. 8:27 p.m. Norman Cohen reported the support of a majority of the Board of Selectmen. 8:30 p.m. Wendy Manz reported the unanimous support of the Planning Board. 8:34 p.m. Peter Kelley presented a minority report of the Board of Selectmen. 8:37 p.ni. Richard Canalc,Cultural Heritage Inventory Study and Reconnaissance Landscape Study,reported support. 8:40 p.m. Members spoke in support and opposition,questioned authority of Commission and Building Commissioner. Building Commissioner Steven Frederickson advised the Historical Commission is advisory to the Commissioner and has no authority to dictate to the Commissioner. 8:55 p.m. Members questioned demolition by neglect and unoccupied buildings. Town Counsel Kevin Batt provided a clarification. David Kelland reported on need for structure stabilization. 9:00 p.m. Members and citizens from the audience spoke in support and in opposition, questioned objective criteria the Historical Commission will use for enforcement,and Historical Commission plans for notifying current and future owners of houses on the inventory of historic properties. 9:56 p.m. Robert Whitman,pr.3,called the question. Motion Adopted. 9:57 p.m. Marilyn Fenollosa summarized impact of proposed changes. 10:00 p.m. The Moderator called for a standing vote,tallied as follows: Pct1 Pct2 Pct2 Pct4 Pct5 Pct6 Pct7 Pct8 Pct9 AL TOTAL YES 8 9 11 15 7 8 7 7 10 7 89 NO 9 9 8 3 19 11 11 7 9 6 83 10:31 p.m. With 89 voting in the affirmative and 83 in the negative,Motion Adopted. 10:01 p.m. Dawn McKenna,pr.6,served notice of reconsideration on Article 15. 10:02 p.m. Presented by Betsey Weiss,pr.2. ARTICLE 26: APPROPRIATE FOR FY2008 COMMUNITY PRESERVATION COMMITTEE OPERATING BUDGET AND FOR CPA PROJECTS 26(e) That$90,000 be appropriated from the Historic Resources Reserve of the Community Preservation Fund for a comprehensive cultural resource survey. Betsey Weiss summarized and reported the support of the Community Preservation Committee. Norman Cohen reported the support of a majority of the Board of Selectmen. Charles Lamb reported the unanimous support of the Capital Expenditures Committee. David Kanter reported the opposition(5-3)of the Appropriation Committee. 10:09 p.m. Members questioned making the records available electronically on-line. Charles Lamb reported the support of the Capital Expenditures Committee and of the committee's request for electronic posting of inventory. Discussion ensued on rights of homeowners with houses on the inventory listing and possible recourse,and of need for Historical Commission to establish some due process. Marilyn Fenollosa reported the intent of the Historical Commission to notify homeowners with houses on the historical significance inventory. Discussion ensued on separation of demolition delay bylaw from inventory of historical significance. 10:37 p.m. Joel Adler,pr.1,moved the question. Motion Adopted 10:37 p.m. Motion under Article 26(e)Adopted. 10:37 p.m. Charles Lamb served notice of reconsideration on Article 26(e). The Moderator explained intent to address the operating budget(Article 21)then Article 39 at the next meeting. 10:38 p.m. Selectman Jeanne Krieger moved adjournment until 7:30 p.m.,Monday,April 23, 2007 at the Cary Memorial Hall. Motion Adopted Unanimously. A tnie copy. Attest: Donna M.Hooper,Town Clerk Adjourned session of the 2007 Annual Town Meeting April 23,2007 Moderator Margery M.Baffin called the sixth session of the 2007 Annual Town Meeting to order at 7:30 p.m.,Cary Memorial Hall. A quorum of 171 members was present. A moment of silence was held in honor of the 32 students killed in the recent massacre at Virginia Polytech and State University,Blacksburg,VA Congratulations were extended to Arthur Katz and Beverly Kelley,awarded the Minuteman Cane Award and White Tricorn Hat,respectively,at this year's Patriot's Day events which were abbreviated due to severe weather conditions. The Moderator explained anticipated order of business for the evening. ARTICLE 2: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES 7:34 p.m. Selectman Jeanne Krieger moved the report of the Human Services Committee be accepted and placed on file. Robert Dentler introduced and Dr.Timothy Dugan presented the taskforce's report. Motion Adopted 7:45 p.m. Selectman Jeanne Krieger moved the report of the Transportation Advisory Committee be accepted and placed on file. Sara Arnold reported. Motion Adopted. 7:50 p.m. Thomas Griffiths,School Committee,moved the Interim Report of the School Financial Review Committee be accepted and placed on file. Mr.Griffiths reviewed the Committee's establishment,chaired by Jennifer Hewett and Robert Boudreau. Ms.Hewett presented the interim report. Motion Adopted Unanimously. 7:58 p.m. Selectman Jeanne Krieger moved the Report of the Town Manager be accepted and placed on file. Town Manager Carl F.Valente reported. Permanent Building Committee Co-Chair Phil Poinelli reported on the school energy issues. Motion Adopted Unanimously. 8:37 p.m. Alan Levine,pr.8,moved the Appropriation Committee's Reports#1,2,3 be accepted and placed on file. Mr.Levine summarized. Motion Adopted. 8:51 p.m. Selectman Jeanne Krieger moved Article 39 be taken up. Motion Adopted Unanimously. 8:51 p.m. Presented by Selectman Jeanne Krieger. ARTICLE 39: ESTABLISH AND APPROPRIATE TO SPECIFIED STABILIZATION FUNDS MOTION: a)That the following stabilization funds be created in accordance with MGL Ch.40, Section 5B. 1) Transportation Demand Management/Public Transportation Stabilization Fund for the purpose of supporting the operations of Lexpress Bus Service. 2) Traffic Mitigation Stabilization Fund for the purpose of financing traffic mitigation projects pursuant to conditions of special permits issued by the Town. 3) School Bus Transportation Stabilization Fund for the purpose of supporting transportation of students to and from school on a daily basis. 4) Section 135 Zoning By-Law Stabilization Fund for the purpose of financing public improvements pursuant to Section 135 of the Code of the Town of Lexington. b)That appropriations to the following stabilization funds be made from the sources and in the amounts specified. 1) $58,000 from the Lexpress TDM special revenue account to the Transportation Demand Management/Public Transportation Stabilization Fund 2) $220,035.99 from the TDM Avalon Bay special revenue account to the Traffic Mitigation Stabilization Fund 3) $200,000 from the School Transportation Avalon Bay special revenue account to the School Bus Transportation Stabilization Fund 8:51 p.m. Jeanne Krieger reported the unanimous support of the Board of Selectman. Michael Kennealy reported the support of the Appropriation Committee. 8:54 p.m. Motion Declared Adopted Unanimously. Adjourned Session of the 2007 Annual Town Meeting-April 23,2007 8:54 p.m. Presented by Selectman Jeanne Krieger. ARTICLE 21: APPROPRIATE FY 2008 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 2008 Appropriation, Contingency FY 2008 Contingent on Budget Budget Override Vote (Informational Purposes Only) Program 1000:Education 1100 Lexington Public Schools $65,108,938 $3,187,045 $ 68,295,983 1200 Regional School $ 1,200,438 $ $ 1,200,438 Program 2000:Shared Expenses 2100 Benefits 2110 Contributory Retirement $3,449,284 $ $ 3,449,284 2120 Non-contributory Retirement $ 41,000 $ $ 41,000 2130 Insurance $19,074,943 $794,544 $ 19,869,487 2140 Unemployment $ 375,445 $ $ 375,445 2150 Workers Compensation* $ 300,235 $ $ 300,235 2160 Property&Liability Insurance $ 582,853 $ $ 582,853 2170 Uninsured Losses* $ 50,000 $ $ 50,000 2200 Debt Service 2210 Payment on Funded Debt $2,833,980 $ $ 2,833,980 2220 Interest on Funded Debt $ 703,832 $ $ 703,832 2230 Temporary Borrowing $ 260,325 $ $ 260,325 2300 Reserve Fund 2300 Reserve Fund $ 450,000 $ $ 450,000 Program 3000:Community Services 3100-3600 DPW Personal Services $ 3,316,221 $ $ 3,316,221 3100-3600 DPW Expenses $ 5,126,015 $ $ 5,126,015 Program 4000:Public Safety 4100 Law Enforcement Personal Services $ 4,214,699 $ $ 4,214,699 4100 Law Enforcement Expenses $ 468,507 $ $ 468,507 4200 Fire/Medical Personal Services $ 4,261,226 $ $ 4,261,226 4200 Fire/Medical Expenses $ 485,062 $ $ 485,062 Program 5000:Culture&Recreation 5100 Library Personal Services $ 1,636,700 $ $ 1,636,700 5100 Library Expenses $ 452,154 $ $ 452,154 Program 6000:Social Services 6100-6200 Social Services Personal Services $ 403,722 $ $ 403,722 6100-6200 Social Services Expenses $ 283,182 $ $ 283,182 Program 7000:Community Development 7100 Community Development Personal Services $ 771,687 $ $ 771,687 7100 Community Development Expenses $ 71,689 $ $ 71,689 7200 Planning Personal Services $ 198,987 $ $ 198,987 7200 Planning Expenses $ 8,359 $ $ 8,359 7300 Economic Development Personal Services $ 120,797 $ $ 120,797 7300 Economic Development Expenses $ 103,736 $ $ 103,736 Adjourned Session of the 2007 Annual Town Meeting-April 23,2007 Additional FY 2008 Appropriation, Contingency FY 2008 Contingent on Budget Budget Override Vote (Informational Purposes Only) Program 8000:General Government 8100 Board of Selectmen 8110 Board of Selectmen Personal Services $ 71,246 $ $ 71,246 8110 Board of Selectmen Expenses $ 71,150 $ $ 71,150 8120 Legal Services $ 350,000 $ $ 350,000 8130 Town Report $ 6.500 $ $ 6,500 8200 Town Manager 8210-8220 Town Manager Personal Services $ 479,797 $ $ 479,797 8210-8220 Town Manager Expenses $ 143,125 $ $ 143,125 8230 Salary Transfer Account* $1,029,893 $ $ 1,029,893 and further that Line 8230 is to be transferred by the Board of Selectmen for contractual settlements within departments including the School department upon recommendation of the Town Manager 8300 Town Committees $ 8310 Finance Corunittees $ 1,500 $ $ 1,500 8320 Misc.Boards and Committees $ 4,705 $ $ 4,705 8330 Public Celebration Conunittee $ 29,000 $ $ 29,000 8400 Finance Personal Services $ 1,004,615 $ $ 1,004,615 8400 Finance expenses $ 283,894 $ $ 283,894 8500 Town Clerk Personal Services $ 246,101 $ $ 246,101 8500 Town Clerk Expenses $ 90,759 $ $ 90,759 8600 MIS Personal Services $ 187,941 $ $ 187,941 8600 MIS Expenses $ 291,587 and that the Town transfer the following suns to meet,in part,appropriations made at this Town Meeting: $65,000 from School Bus Transportation Stabilization Fund for Line-Item 1100 $100,000 from the Cemetery Trust Fund for line items 3100-3600; $58,000 from Transportation Demand Management/Public Transportation Stabilization Fund for line-items 3100-3600; $300.000 from the Parking Meter Fund for line-items 3100-3600 and 4100; $1,887,347 from Unreserved Fund Bahmce/Free Cash; $859.728 from the Water Enterprise Fund; $737,309 from the Sewer Enterprise Fund;and $155,848 from the Recreation Enterprise Fund. Items marked with an(*)are Continuing Balance Accounts. Selectman Krieger moved: MOTION: Article 21,line items 1100 and 2130 be divided out to act upon separately on April 30,2007. 8:56 p.m. Ephraim Weiss,pr.5,moved to amend the motion,adding: AMENDMENT: Article 42 be taken up at the same time as line items 1100 and 2130 of Article 21. 8:58 p.ni. Alan Levine,pr.8,served notice of reconsideration on Article 39. 8:59 p.m. Ephraim Weiss explained his amendment was presented to have Article 42 be discussed at the same time,but voted separately. 8:59 p.m. Selectman Krieger reported a majority of the Board of Selectmen opposed the Weiss amendment. 9:02 p.m. School Committee Chairman Thomas Diaz reported the School Committee opposes (4-1)the Weiss amendment. 9:03 p.m. Deborah Brown,pr.8,reported the opposition(8-1)of the Appropriation Committee,reiterating an Article 42 motion would not be ready at that time. Adjourned Session of the 2007Annual Town Meeting—April 23,2007 9:04 p.m. Members spoke in support and opposition to the Weiss amendment. 9:09 p.m. Weiss Amendment Not Adopted. 9:10 p.m. Selectman Krieger motion to divide out line items 1100 and 2130— Motion Adopted Unanimously. 9:10 p.m. Moderator Margery M.Bailin read through the Motion for Article 21. Members commented. 9:11 p.m. Marjorie Daggett reported on line item 1200—Regional School budget for Minuteman Vocational Technical High School. 9:17 p.m. Norman Cohen commented on Lexington's excellent pension plan. 9:19 p.m. Town Manager Carl Valente responded to questions on collective bargaining, coalition bargaining and insurance indemnity plans. 9:26 p.m. Library Director Cornelia Rawson responded to questions on funding sources for the Cary Memorial Library. 9:28 p.m. Department of Public Works Director William Hadley responded to questions on utility funding. 9:30 p.m. Dawn McKenna,pr.6,spoke on Liberty Ride funding in line item 7300. 9:36 p.m. Alan Levine,pr.8,reported unanimous support of the Appropriation Committee for line items discussed. 9:36 p.m. Vote on Article 21(with 1100 and 2130 removed)Adopted Unanimously. 9:37 p.m. Alan Levine,pr.8,served notice of reconsideration on Article 21. 9:37 p.m. Benjamin Cohen,pr.3.,moved Article 23 be taken up at this time. Motion Adopted Unanimously. 9:37 p.m. Presented by Benjamin Cohen,pr.3. ARTICLE 23: PETITION GENERAL COURT TO INCREASE INCOME LIMITS(CITIZEN'S PETITION) MOTION: That the Board of Selectmen be directed to petition the General Court for an Act that will significantly raise the income limits,currently set at a maximum of$40,000 per household and lower the age limits,currently set at a minimum of 65 years of age,relating to the eligibility requirements associated with property tax deferrals in Lexington,as provided in Chapter 59,Section 5,Clause 41A of the Massachusetts General Laws,as amended;or act in any other manner in relation thereto. 9:48 p.m. Victoria Blier,pr.9,Tax Deferral&Exemption Study Committee,reported full support for Mr.Cohen's goals and moved the following substitute motion: SUBSTITUTE MOTION: That the Selectmen be and they hereby are authorized to petition the General Court for an Act,in substantially the form set forth below,to permit the Town to lower the age eligibility limits,currently a minimum of 65 years of age,and to raise the income eligibility limits,currently a maximum of$40,000 per household,for property tax deferrals,as provided in Chapter 59,Section 5,Clause 41A,of the Massachusetts General Laws,as amended. The General Court may make clerical or editorial changes,of form only, to the proposed Act,unless the Town approves amendments thereto before its enactment by the General Court. The Selectmen are hereby authorized to approve amendments to the proposed Act by the General Court which arc within the scope of and further the public objectives of this petition. Text of Proposed Act to be submitted to the General Court pursuant to a Home Rule Petition: AN ACT RELATIVE TO REAL PROPERTY TAX DEFERRALS IN THE TOWN OF LEXINGTON Be it enacted by the Senate and House of Representatives in General Court assembled,and by the authority of the same,as follows: Section I. Not withstanding the provisions of the first paragraph of clause Forty-first A of section 5 of chapter 59 of the General Laws,the Town of Lexington may,by vote of its Town Meeting and with the approval of its Board of Selectmen:(1)adopt a lower minimum age of eligibility than 65;(2)adopt a higher maximum qualifying gross receipts amount that $40,000;and(3)condition eligibility for deferral of real property taxes under this clause by persons who would not otherwise qualify based on their age,but for this Act,on objective criteria of disability or other hardship. Section 2. This Act shall take effect upon its passage. 9:50 p.m. Victoria Blier responded to a question on income determination. 9:51 p.m. Motion to Substitute Adopted Unanimously. Adjourned Session of the 2007 Annual Town Meeting—April 23,2007 9:54 p.m. Selectman Norman Cohen reported the unanimous support of the Board of Selectmen for the Substitute Motion. 9:55 p.m. John Bartenstein,pr.1,reported the unanimous support of the Appropriation Committee. Thomas Diaz reported the unanimous support of the School Committee. 10:01 p.m. Motion Adopted Unanimously,as substituted. 10:02 p.m. Selectman Hank Manz moved Article 24 be taken up. Motion Adopted. 10:02 p.m. Presented by Selectman Hank Manz. ARTICLE 24: APPROPRIATE FOR SENIOR SERVICE PROGRAM MOTION: That the Town appropriate$40,000 for the purpose of conducting a Senior Service Program,to be spend under the direction of the Town Manager;that to meet this appropriation$40,000 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. 10:03 p.m. Hank Manz reported the unanimous support of the Board of Selectman. John Bartenstein,pr.1,reported Appropriation Committee unanimous support. 10:03 p.m. Motion Adopted Unanimously. 10:03 p.m. Selectman George Burnell moved Article 32 be taken up. Motion Adopted Unanimously. 10:03 p.m. Presented by Selectman George Burnell. ARTICLE 32: APPROPRIATE FOR WATER DISTRIBUTION IMPROVEMENTS MOTION: That the Selectmen are hereby 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 $1,800,000 for such installation and lining and land acquisition;and to meet this appropriation the Treasurer with the approval of the Board of Selectmen is authorized to borrow$1,800,000 under M.G.L.Chapter 44,Section 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. 10:04 p.m. Alan Levine,pr.8,served notice of reconsideration on Article 24. 10:04 p.m. George Burnell summarized and reported unanimous support of the Board of Selectmen. 10:07 p.m. Charles Lamb,pr.4,reported the unanimous support of the Capital Expenditures Committee. John Bartenstein,pr.1,reported unanimous support of the Appropriation Committee. 10:07 p.m. Motion Adopted Unanimously. 10:07 p.m. Charles Lamb,pr.4,served notice of reconsideration on Article 32. 10:09 p.m. Presented by Selectman George Burnell. ARTICLE 33: APPROPRIATE FOR SEWER IMPROVEMENTS MOTION: That the Selectmen are hereby 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$1,300,000,and to raise such amount the Treasurer with the approval of the Board of Selectmen is authorized to borrow$1,300,000 under M.G.L.Chapter 44,Section 7 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. Adjourned Session of the 2007 Annual Town Meeting—April 23,2007 10:09 p.m. George Burnell presented the article and reported the unanimous support of the Board of Selectmen. Charles Lamb,pr.4,reported the unanimous support of the Capital Expenditures Committee. John Bartenstein,pr.1,reported the unanimous support of the Appropriation Committee. 10:12 p.m. Public Works Director William Hadley responded to questions regarding sequence of water and sewer projects and street paving. 10:13 p.m. Motion Adopted Unanimously. 10:14 p.m. Selectman Peter Kelley moved Article 22 be taken up. Adopted Unanimously. 10:14 p.m. Charles Lamb served notice of reconsideration on Article 33. 10:14 p.m. Presented by Selectman Peter Kelley. ARTICLE 22: APPROPRIATE FY2008 ENTERPRISE FUND 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 2008;under the provisions of M.G.L.chapter 44,section 53F1/2: Salaries $ 581,656 Expenses 569,800 MWRA Assessment 4,435,769 Debt Service(non-exempt) 490,833 Total $6,078,058 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 2008;under the provisions of M.G.L.chapter 44,section 53FY2: Salaries $ 245,291 Expenses 430,272 MWRA Assessment 6,197,216 Debt Service(non-exempt) 473,256 Total $ 7,346,035 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 2008;under the provisions of M.G.L.chapter 44, section 53F1/2: Salaries $ 563,120 Expenses 960,668 Debt Service(non-exempt) 103,917 Total $ 1,627,705 Said sum to be funded from recreation receipts and$450,000 from retained earnings. Peter Kelley reported the unanimous support of the Board of Selectmen. John Bartenstein,pr.1,reported the unanimous support of the Appropriation Committee. Public Works Director William Hadley explained the MWRA assessment. 10:20 p.m. Adopted Unanimously. 10:21 p.m. Alan Levine,pr.8,served notice of reconsideration on Article 22. 10:21 p.m. Selectman George Burnell moved to take up Article 25. Motion Adopted. 10:21 p.m. Presented by Selectman George Burnell. ARTICLE 25: CONTINUE AND APPROVE DEPARTMENTAL RESOLVING FUNDS MOTION: That the Town authorize the following continuing revolving funds for certain Town departments pursuant to the provisions of M.G.L.chapter 44,section 53E1/2 for the fiscal year beginning July 1,2007,as follows: Authorized Representative or Board Departmental Receipts Use of Fund FY2008 Revolving Fund to Spend Authorization DPW Burial Containers Public Works Director Sale of Grave Boxes and Program Expenses $35,000 Burial Vaults DPW Compost Operation Public Works Director Sale of Compost and Personnel,Benefits 5230,000 Loam,Yard Waste Permits and Program Expenses i.exMedi a Operations Board of Selectmen and License fees from cable CATV contract, 5400.000 Town Manager TV providers equipment and related expenses Tree Fund Board of Selectmen Gifts and Fees Program Expenses $20,000 Minuteman Household Public Works Director Fees paid by consortium Program Expenses 5175,000 Hazardous Waste Program Health Programs Health Director Medicare Reimbursements Program Expenses S7,000 Council on Aging Social Services Director Program fees and gifts Program Expenses 5100,000 Programs Adjourned Session of the 2007Annual Town Meeting—April 23,2007 George Burnell reported unanimous support of the Board of Selectmen. John Bartenstein,pr.1,reported unanimous support of the Appropriation Committee. 10:26 p.m. Town Manager Carl Valente explained the motion is an authorization,not appropriation,and reported some fund balances. 10:28 p.m. Motion Adopted Unanimously. 10:28 p.m. Selectman Jeanne Krieger moved adjournment until 7:30 p.m.,Wednesday.April 25. 2007 at Cary Memorial Hall. 10:28 p.m. Motion Adopted Unanimously. A true copy. Attest: Donna M.Hooper,Town Clerk Adjourned session of the 2007 Annual Town Meeting April 25,2007 Moderator Margery M.Baffin called the seventh session of the 2007 Annual Town Meeting to order at 7:30 p.m.,Cary Memorial Hall. A quorum of 173 members was present. The Moderator declared a recess for a presentation by Lexington Public Schools,where School Committee Chairman Thomas Diaz and Superintendent Paul Ash presented the Sharyn Wong- Chang/Sara Harrington Diversity Award to Lexington High School foreign language teacher Mary Alice Samii. ARTICLE 2: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES 7:44 p.m. Selectman Jeanne Krieger moved the report of the Commission on Disability be accepted and placed on file. Chairman Victoria Buckley presented the Commission's report. Motion Adopted Unanimously. 7:48 p.m. Charles Lamb,pr.4,moved the Capital Expenditures Committee's second report to the 2007 Annual Town Meeting be accepted and placed on file. Mr.Lamb reported. Motion Adopted Unanimously. Selectman Jeanne Krieger moved Article 36 be taken up. Adopted Unanimously. 7:50 p.m. Presented by Selectman Jeanne Krieger. ARTICLE 36: APPROPRIATE FOR PUBLIC WORKS FACILITY MOTION: That$25,180,000 be appropriated for constructing,originally equipping and furnishing a new Department of Public Works(DPW)operations facility at 201 Bedford Street,including architectural and engineering services necessary in connection therewith,to be spent under the direction of the Permanent Building Committee and the Town Manager;and that to meet this appropriation the Treasurer,with the approval of the Board of Selectmen,is authorized to borrow $25,180,000 under M.G.L.Chapter 44,Section 7,or any other enabling authority. 7:51 p.m. Jonathan Himmel,Permanent Building Committee,summarized work thus far in plans for constructing a new DPW operations facility proposed for 201 Bedford Street. Representatives from HKT Architects reviewed design plans. Finance Director Robert Addelson addressed estimated tax impact for debt exclusion. Public Works Director William Hadley reviewed the need for a new public works facility and how the proposed facility would address such needs. 8:30 p.m. Selectman Jeanne Krieger summarized need for a new public works facility,the process taken,and the proposal presented. Mrs.Krieger reported the enthusiastic support of the Board of Selectmen. 8:35 p.m. Selectman Peter Kelley outlined his concerns with,and opposition to,the proposal. 8:42 p.m. Theodore Edson reported the unanimous support of the Appropriation Committee. Alan Levine,pr.8,reported the unanimous support of the Capital Expenditures Committee. 8:52 p.m. Conservation Commission Chair Joyce Miller reported enthusiasm of the Commission for what has been seen based upon plans described. 8:53 p.m. Jerry Van Hook reported enthusiastic support. 8:59 p.m. School Committee Chairman Thomas Diaz reported the enthusiastic support of the Committee and support for plans for a town wide facilities department. 8:58 p.m. Members spoke in support and on the deplorable condition of the current facility. Adjourned Session of the 2007Annual Town Meeting—April 25,2007 9:00 p.m. Selectman Jeanne Krieger responded to questions on proposed funding allocation between the tax base and water/sewer fees. Appropriation Committee Chairman Alan Levine further clarified amount of debt exclusion. Members spoke further in support and questions raised were addressed. 9:27 p.m. Kenneth Kreutziger,pr.2,moved the question. After a voice vote,the Moderator was in doubt and called for a standing vote,tallied as follows: Pct1 Pct2 Pct2 Pct4 Pct5 Pct6 Pct7 Pct8 Pct9 AL TOTAL YES 13 16 13 12 7 16 12 14 12 0 115 NO 4 3 5 5 8 4 2 2 5 9 47 9:31 p.m. With 115 voting in the affirmative and 47 in the negative,the Motion was declared adopted,and the main question now put. 9:32 p.m. Following a voice vote,the Moderator declared the Motion Adopted by more than the necessary two-thirds vote. 9:32 p.m. Charles Lamb,pr.4,served notice of reconsideration on Article 36. 9:33 p.m. Presented by Selectman Norman Cohen. ARTICLE 27: LAND PURCHASE—OFF LOWELL STREET MOTION: That this article be indefinitely postponed. Adopted Unanimously. 9:33 p.m. Presented by Selectman Norman Cohen. ARTICLE 28: LAND PURCHASE—OFF ADAMS STREET MOTION: That this article be indefinitely postponed. Adopted Unanimously. 9:40 p.m.Presented by Dawn McKenna,pr.6. ARTICLE 30: APPROPRIATE FOR BATTLE GREEN FLAGPOLE MAINTENANCE (CITIZENS' PETITION) MOTION: Whereas on November 8, 1965,President Lyndon Johnson signed Public Law Number 89-335,a special act of the United States Congress authorizing the display of the flag on the Battle Green 24 hours a day;that the flagpole was a gift to the Town;and that the Battle Green belongs to the Citizens of Lexington;therefore,be it resolved that Town Meeting recognizes and acknowledges that it is an obligation of the Town to display the United States Flag with the honor and dignity it deserves;and to meet that responsibility, annual maintenance on the flagpole should be completed in time for Patriot's Day each year; and the funding for such work should be appropriated annually in the Department of Public Works maintenance budget,provided,however,that any funds available in the George Taylor Fund held by the Trustees of Public Trust may be used to reduce the appropriation to cover such maintenance. 9:42 p.m. Hank Manz reported the support(4-0-1)of the Board of Selectmen. Eric Michelson,pr.1,reported the support(8-1)of the Appropriation Committee. 9:43 p.m. David Williams,pr.5, Trustees of Public Trusts,reported on trust fund earnings. 9:43 p.m. Motion Adopted. 9:44 p.m. Presented by Selectman Peter Kcllcy. ARTICLE 31:APPROPRIATE FOR MUNICIPAL CAPITAL PROJECTS AND EQUIPMENT MOTION: That the following amounts be appropriated for the following capital improvements and that each amount be raised as indicated: a. Lincoln Field Methane Mitigation Wall-$550,000 for the construction of a subsurface slurry wall and all incidental costs related thereto,and that to meet this appropriation the Treasurer, with the approval of the Board of Selectmen,is authorized to borrow$550,000 under M.G.L. Chapter 44,Sections 7 or 8 or any other enabling authority. 9:44 p.m. Selectman Kelley moved to divide out Article 31,part(a)to be voted upon separately at a future meeting. Motion Adopted. b. Fire Alarms-$142,000 for the installation of fire alarm master boxes in all municipal and school buildings,and that to meet this appropriation the Treasurer,with the approval of the Board of Selectmen,is authorized to borrow$142,000 under M.G.L.Chapter 44,Section 7 or any other enabling authority. c. DPW Equipment-$523,300 for the cost of departmental equipment for the Department of Public Works and all incidental costs related thereto,and that to meet this appropriation the Treasurer,with the approval of the Board of Selectmen,is authorized to borrow$523,300 under M.G.L.Chapter 44,Section 7 or any other enabling authority. d. Woburn Street Reconstruction-$120,000 for engineering services to design a complete reconstruction of Woburn Street,and that to meet this appropriation the Treasurer,with the approval of the Board of Selectmen,is authorized to borrow$120,000 under M.G.L.Chapter 44,Section 7 or any other enabling authority. Adjourned Session of the 2007 Annual Town Meeting—April 25,2007 e. Geographic Information Systems-$195,900 for the cost of a computerized mapping system, and that to meet this appropriation the Treasurer,with the approval of the Board of Selectmen,is authorized to borrow$195,900 under M.G.L.Chapter 44,Section 7 or any other enabling authority. f. Storm Drain Improvements-$460,000 for constructing and reconstructing storm drains and all incidental costs related thereto,and that to meet this appropriation the Treasurer,with the approval of the Board of Selectmen,is authorized to borrow$460,000 under M.G.L.Chapter 44,Section 7 or any other enabling authority. g. Sidewalk Improvements-$100,000 for the construction and reconstruction of sidewalks and all incidental costs related thereto,and that to meet this appropriation the Treasurer,with the approval of the Board of Selectmen,is authorized to borrow$100,000 under M.G.L.Chapter 44,Section 7 or any other enabling authority. 9:46 p.m. Selectman Peter Kcllcy summarized requested action for parts(b)through(g),with the following reported: 31 (b): Peter Kelley reported the support of the Board of Selectmen. David Kanter questioned possible eligibility for Community Preservation Act fimding, then reported the support of the Appropriation Committee. Charles Lamb,pr.4,reported the support of the Capital Expenditures Committee for Article 31,parts(b)through(q). 9:48 p.m. 31 (c): Peter Kelley reported the support of the Board of Selectmen. David Kanter reported the unanimous support of the Appropriation Committee. 9:56 p.m. 31(d): Peter Kelley reported the support of the Board of Selectmen. David Kanter reported the unanimous support of the Appropriation Committee. Public Works Director William Hadley responded to questions on work done in-house and outsourced due to staffing levels and project demands. 10:01 p.m. 31 (e): David Kanter reported unanimous support of the Appropriation Committee. 31 (t): Peter Kelley reported the unanimous support of the Board of Selectmen. David Kanter reported the unanimous support of the Appropriation Committee. Selectman Norman Cohen and Peter Kelley responded to further questions regarding staffing levels and project demands. 10:08 p.m. 31(g):Peter Kcllcy reported the support of the Board of Selectmen. David Kanter reported the unanimous support of the Appropriation Committee. 10:08 p.m. 31(h):Peter Kelley reported the unanimous support of the Board of Selectmen. Victoria Buckley spoke to the Commission on Disability concerns on sidewalk standards. 10:15 p.m. Charles Lamb,pr.4,moved to divide out section(h)to be voted upon separately. Motion Adopted. h. Central Business Sidewalks-$175,000 for the construction and reconstruction of sidewalks in the Central Business District and all incidental costs related thereto,and that to meet this appropriation the Treasurer,with the approval of the Board of Selectmen,is authorized to borrow$175,000 under M.G.L.Chapter 44,Section 7 or any other enabling authority. i. Bikeway Reconstruction-$175,000 for the reconstruction of the Minuteman Bikeway and all incidental costs related thereto,and that to meet this appropriation the Treasurer,with the approval of the Board of Selectmen,is authorized to borrow$175,000 under M.G.L.Chapter 44,Section 7 or any other enabling authority. j. Building Envelope-$150,000 for remodeling,reconstructing and making extraordinary repairs to municipal buildings,and that to meet this appropriation$150,000 be raised in the tax levy. k. Munroe Center Fire Alarms-$35,000 for engineering services to evaluate the existing fire alarm system in the Munroe Center and prepare designs and drawings to repair or replace the existing system,and that to meet this appropriation$35,000 be raised from unreserved fund balance. 1. Dam Repairs-$30,000 for repairs to the Butterfield Pond Dam and the Old Res Dam,and that to meet this appropriation$30,000 be raised from the unreserved fund balance. 10:17 p.m. Peter Kelley summarized requested action for parts(i)through(m),with the following reported: 31 (i):Peter Kelley reported the support of the Board of Selectmen. David Kanter reported the unanimous support of the Appropriation Committee. Adjourned Session of the 2007Annual Town Meeting—April 25,2007 Public Works Director William Hadley responded to questions on planned work for bike path repairs. 31 (j): Peter Kelley reported the support of the Board of Selectmen and responded to questions on projects included in the capital budget and maintenance budgets. David Kanter reported the unanimous support of the Appropriation Committee and suggested Community Preservation Act funding be sought. Stewart Kennedy,pr.8,reported on collaborations with Bicycle Advisory Committee and Department of Public Works for planned bikeway repairs. 31 (k): David Kanter reported unanimous support of the Appropriation Committee due to urgency of need,then questioned potential Community Preservation Act funding eligibility. 10:24 p.m. Richard Pagett,pr.6,raised Munroe Center occupancy concerns and questions. Town Manager Carl Valente responded to questions raised. Selectman Hank Manz spoke on needed repairs. Questions were raised on Community Preservation Act funding eligibility and procedures. 10:34 p.m. John Rosenberg,pr.4,MOVED to divide out and vote separately part 31(k). 10:36 p.m. Selectman Jeanne Krieger reported on the obligation to provide essential fire safety. Charles Lamb,Capital Expenditures Committee,spoke against separating out. David Kanter reported the Appropriation Committee opposed dividing out. 10:37 p.m. Motion to divide out 31(k)not adopted. 10:37 p.m. Discussion ensued on Community Preservation Act funding eligibility and Committee requirements. Town Counsel Kevin Batt addressed issues raised. 10:43 p.m. Fire Chief William Middlemiss addressed questions raised regarding Munroe Center fire system needs and building issues. 10:44 p.m. 31 (I): David Kanter reported the unanimous support of the Appropriation Committee. 31(m):David Kanter reported the support(8-1)of the Appropriation Committee. Selectman Jeanne Krieger addressed questions raised regarding intersections included and funding sources. 10: 2 p.m. Dawn McKenna,pr.6,doubted the quorum. Moderator Margery Battin called for a standing vote after an uncertain voice vote,tallied as follows: Pct1 Pct2 Pct2 Pct4 Pct5 Pct6 Pct7 Pct8 Pct9 AL TOTAL Present 12 12 11 14 17 15 12 11 11 14 129 10:52 p.m. With 129 tallied as present,quonlm of 100 met. 10:55 p.m. Dawn McKenna,pr.6,moved the meeting be adjourned to Monday,April 30,2007 at 7:30 p.m.,Cary Memorial Hall. Town Counsel Kevin Batt clarified Community Preservation Act/Community Preservation Committee procedural requirements. Jessica Steigerwald,pr.8,questioned procedural issues for Monday's meeting. 10:56 p.m. Following an uncertain voice vote,the Moderator called for a standing vote on adjournment,tallied as follows: Pct1 Pct2 Pct2 Pct4 Pct5 Pct6 Pct7 Pct8 Pct9 AL TOTAL YES 6 6 6 12 9 9 3 7 3 3 64 NO 6 5 4 1 8 6 9 3 8 9 59 11:01 p.m. With 64 voting in the affirmative and 59 in the negative,the Moderator declared the motion adopted and meeting adjourned until 7:30 p.m.,Monday,April 30,2007 at Cary Memorial Hall. A true copy. Attest: Donna M.Hooper,Town Clerk Adjourned session of the 2007 Annual Town Meeting April 30,2007 Moderator Margery M.Baffin called the eighth session of the 2007 Annual Town Meeting to order at 7:30 p.m.,Cary Memorial Hall. A quorum of 173 members was present. The Moderator called a brief recess for representatives from the League of Women Voters,Martha Wood,President, and Town Clerk Donna Hooper to recognize Lilia Kilburn and Chelsea Parrish for their serving as Junior Poll Workers at the March 5`''Annual Town Election. Dawn McKenna,pr.6,announced her intent to move notice of reconsideration of Article 15 after all other articles have been addressed. ARTICLE 2: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES 7:40 p.m. Deborah Brown moved Report#4 of the Appropriation Committee be accepted and placed on file. Motion Adopted Unanimously. 7:41 p.m. Selectman Jeanne Krieger moved further debate on Article 31 be postponed until after Article 29 is taken up. Motion Adopted. 7:41 p.m. Selectman Jeanne Krieger moved Article 35 be taken up. Motion Adopted 7:42 p.m. Presented by Marian Cohen,Council on Aging. ARTICLE 35: APPROPRIATE FOR SENIOR CENTER DESIGN/ CONCEPTUAL STUDY MOTION: That$35,000 be appropriated for architectural and engineering services for planning a community/senior center,including site evaluation necessary in connection therewith,and that to meet this appropriation$35,000 be transferred from the amount appropriated under Article 8(a)(ii)of the 2000 Annual Town Meeting. 7:42 p.m. Paul Lapointe,pr.2,summarized requested action. Peter Kelley reported the unanimous support of the Board of Selectmen. Shirley Stolz reported the support of the Capital Expenditures Committee. Richard Eurich reported the support(8-1)of the Appropriation Committee. Members and residences spoke in support and opposition,questioning the availability of the old Harrington School. 8:22 p.m. School Committee Chairman Thomas Diaz outlined the School Committee's plans for relocating from the current facility on Massachusetts Avenue to the old Harrington,with expectation the availability of the facility for other purposes would not likely be known for a few Years. Discussion ensued,members speaking in support and opposition,addressing suitability of locations. 8:49 p.m. Marsha Baker,pr.7,moved the question. Motion Adopted. 8:50 p.m. Marian Cohen and Paul Lapointe summarized requested action. 8:51 p.m. Motion Adopted. 8:52 p.m. Charles Lamb served notice of reconsideration on Article 35. 8:52 p.m. Presented by Thomas Diaz. ARTICLE 21: APPROPRIATE FY 2008 OPERATING BUDGET [continuation,see motion made April 23, 2007] FY 2008 Additional Contingency Appropriation, Budget FY 2008 Contingent on (Informational Budget Override Vote Purposes Only) 1100 Lexington Public Schools $65,108,938 $3,187,045 $ 68,295,983 2100 Benefits 2130 Insurance $19,074,943 $794,544 $ 19,869,487 8:54 p.m. Thomas Diaz and Superintendent Paul Ash summarized requested action for the Lexington Public Schools. 9:23 p.m. Richard Pagett,pr.6,read a minority report of School Committee member Ravi Sakhuja who was absent from the meeting. 9:30 p.m. Selectman Jeanne Krieger reported support(4-1)of the Board of Selectmen. 9:31 p.m. Deborah Brown presented the Appropriation Committee Report#4 and reported support of the Committee(7-1)for line items 1100 and 2130. Adjourned Session of the 2007 Annual Town Meeting—April 30,2007 9:42 p.m. John Bartenstein,pr.1,presented a minority report of the Appropriation Committee and explained his opposition. Members spoke in support and opposition,questioning lateness of the budget,energy and maintenance improvements. 9:58 p.m. Barbara Manfredi,28 Taft Avenue,retiring Principal of Bridge School,spoke in support and school financial needs. Members spoke further in support and opposition,questioning cooling system costs,special education costs,education specialists,and impact if proposition 2 1/2 override should fail. 10:14 p.m. Patrick Mehr,pr.3,spoke on his plans for amending the motion,then moved the following amendment, AMENDMENT: That,in the main motion under article 21 dated April 19,2007,the Additional Appropriation Contingent on Override vote be reduced by$1,200,000 by substituting: -on Line item 1100 Lexington Public Schools,$2,187,045 instead of$3,187,045,and -on Line item 2130 Insurance,$594,544 instead of$794,544 Mr.Mehr spoke on the amendment. 10:26 p.m. Thomas Diaz reported the opposition(4-0)of the School Committee. 10:29 p.m. Jeanne Krieger reported the opposition(4-0)of the Board of Selectmen. 10:30 p.m. Deborah Brown reported the unanimous opposition of the Appropriation Committee. Patrick Mchr responded to questions on proposed amendment. Members spoke in support and opposition. 10:52 p.m. Amendment Not Adopted. 10:53 p.m. Peter Kelley spoke on his intent to present an amendment to line item 1100,then moved the following amendment: AMENDMENT: I move that the main motion,dated 4/19/07,be amended to reduce the appropriation in FY2008 Budget Line 1100(Lexington Public Schools)by $640,000. 10:53 p.m. Jed Snyder,pr.5,moved the meeting be adjourned until Wednesday,May 2nd. 10:54 p.m. James Wood,pr.7,encouraged members to stay and finish. 10:55 p.m. Jeanne Krieger reported a majority of the Board of Selectmen opposed adjournment. 10:56 p.m. Alan Levine reported the opposition of the Appropriation Committee to adjournment. 10:56 p.m. Patrick Mehr moved to amend the amendment— AMENDMENT to MOTION TO ADJOURN: Adjourn to Tuesday,May 1,2007 at 7:30 p.m.,Cary Memorial Hall. 10:57 p.m. Richard Michelson,pr.8,urged the body to adjourn to Tuesday,May 1'`. 10:58 p.m. Vote on Amendment to the Amendment— Motion Adopted. 10:59 p.m. Thomas Diaz reported the School Committee's unanimous opposition to adjourning. 11:00 p.m. Reid Zurlo,pr.3,called the question. Motion Adopted. 11:01 p.m. Motion to adjourn—Not Adopted. 11:01 p.m. Peter Kelley explained the amendment to line item 1100. 11:03 p.m. Thomas Diaz reported unanimous opposition of the School Committee to Mr. Kelley's amendment. 11:05 p.m. Jeanne Krieger reported the opposition(4-1)of the Board of Selectmen. 11:06 p.m. Deborah Brown reported the opposition(6-1)of the Appropriation Committee. 11:07 p.m. Patrick Mehr,pr.3,sought clarification on the proposed amendment. 11:07 p.m. Jessica Steigerwald,pr.7,moved the question. The Moderator ruled insufficient debate had occurred. 11:08 p.m. David Kaufman,pr.6 spoke in opposition. Robert Peters,pr.7,moved the question. The Moderator again ruled insufficient debate had occurred. 11:09 p.m. Debate ensued,with Town Manager Carl Valente responding to questions on the school/municipal split and Peter Kelley explaining anticipated action if the amendment were to prevail. 11:13 p.m. Kelley Amendment Not Adopted. 11:13 p.m. Howard Jaffe,28 Maple Street,spoke in support from the audience. 11:17 p.m. Superintendent Ash responded to questions on staffing and shared expenses. The Moderator reaffirmed the voting was on the bottom line and that the School Committee may determine the breakdown. 11:23 p.m. Deborah Brown,Appropriation Committee,responded to the question on shared expenses and referenced the report of the Committee. 11:24 p.m. Albert Zabin,pr.1,moved the question. Motion Adopted. 11:25 p.m. Vote on Article 21,line items 1100 and 2130—The Moderator declared the Motion Adopted by more than the necessary two-thirds vote. Adjourned Session of the 2007Annual Town Meeting—April 30,2007 11:25 p.m. Alan Levine,pr.8,served notice of reconsideration of Article 21,line items 1100 and 2130. 11:26 p.m. Jeanne Krieger moved adjournment to Wednesday,May 2,2007 at 7:30 p.m.,Cary Memorial Hall. Motion Adopted. A true copy. Attest: Donna M.Hooper,Town Clerk Adjourned session of the 2007 Annual Town Meeting May 2,2007 Moderator Margery M.Battin called the ninth session of the 2007 Annual Town Meeting to order at 7:30 p.m.,Cary Memorial Hall. A quorum of 157 members was present. The Moderator reviewed the order of business for the evening. 7:35 p.m. Charles Lamb,pr.4,moved reconsideration of ARTICLE 29 and explained the need to change the funding source previously listed. Motion Adopted Unanimously. 7:36 p.m. Charles Lamb,pr.4,moved ARTICLE 29 be amended as follows: AMENDMENT: That the motion under Article 29 be amended by striking the words"in the tax levy"at the end of parts(a)and(c),and substituting therefor the words"from the Unreserved Fund Balance". 7:37 p.m. Motion Adopted Unanimously. 7:38 p.m. Presented by Selectman Peter Kelley. ARTICLE 31:APPROPRIATE FOR MUNICIPAL CAPITAL PROJECTS AND EQUIPMENT MOTION: That the following amounts be appropriated for the following capital improvements and that each amount be raised as indicated: Article 31,continued m. Traffic Mitigation-$50,000 for engineering services for traffic and intersection improvements town-wide,and that to meet this appropriation$50,000 be raised from the unreserved fund balance. n. Street Improvements-$500,000 for road reconstruction,repairs and resurfacing by the Department of Public Works,and that to meet this appropriation$500,000 be raised in the tax levy;and authorize the Town to accept and expend any additional funds provided or to be provided by the Commonwealth of Massachusetts through the Massachusetts Highway Department. o. NStar Parking Lot-$50,000 for constructing the new parking arca behind the NStar building at Massachusetts Avenue and Edison Way,and that to meet this appropriation$50,000 be transferred from the Parking Meter Fund. p. Replacement of Fire Engine 5 -$80,000 for purchasing a new brush truck for the Fire Department,and that to meet this appropriation$80,000 be raised from the unreserved fund balance. q. Hydrant Replacement-$50,000 for the replacement of fire hydrants and that to meet this appropriation$25,000 be appropriated from the water enterprise fund retained earnings and $25,000 be raised from the unreserved fund balance. 7:38 p.m. Peter Kelley proceeded to explain requested action in Article 31,parts(in)through(q). 31(n)and 31(o): David Kanter reported unanimous support of the Appropriation Committee. 31(p): Peter Kelley reported the unanimous support of the Board of Selectmen. David Kanter reported the unanimous support of the Appropriation Committee. 31 (q): Peter Kelley reported the unanimous support of the Board of Selectmen. David Kanter reported the unanimous support of the Appropriation Committee. 7:41 p.m. Fire Chief William Middlemiss spoke on part(k),safety at Munroe Center and status of the fire protection system. Richard Pagett,pr.6,spoke further on the center's occupancy. 7:47 p.m. Alan Levine reported the Appropriation Committee urged the possibility of the Munroe Center as an option for the Senior Center be preserved. 7:48 p.m. Joel Adler,pr.1,questioned(n)street improvements at Lowell&Maple Streets. Public Works Director William Hadley reported on street work and planned water main replacement in the area of Lowell&Woburn Street. Adjourned Session of the 2007Annual Town Meeting—May 2,2007 7:52 p.m. Fire Chief William Middlemiss responded to questions by Frank Sandy,pr.6, regarding the fire alarm system at Munroe Center. 7:56 p.m. Following a voice vote on Article 31,parts(b-g)and(i-q)the Moderator declared the Motion Adopted by more than the necessary two-thirds vote. 7:58 p.m. Presented by Selectman Peter Kelley. ARTICLE 31:APPROPRIATE FOR MUNICIPAL CAPITAL PROJECTS AND EQUIPMENT MOTION: That the following amounts be appropriated for the following capital improvements and that each amount be raised as indicated: a. Lincoln Field Methane Mitigation Wall-$550,000 for the construction of a subsurface slurry wall and all incidental costs related thereto,and that to meet this appropriation the Treasurer, with the approval of the Board of Selectmen,is authorized to borrow$550,000 under M.G.L. Chapter 44,Sections 7 or 8 or any other enabling authority. 7:57 p.m. Selectman Peter Kelley presented part(a)and reported the support of the Board of Selectmen. Charles Lamb reported the support of the Capital Expenditures Committee. David Kanter reported the unanimous support of the Appropriation Committee. 8:02 p.m. Dawn McKenna,pr.6,questioned remaining funds from the Lincoln Park project and possible use. Recreation Director Karen Simmons reported on estimated balance. Selectman Peter Kelley addressed needed action for part(a)and requested funding. Dawn McKenna requested the Selectmen and Town Manager redirect Lincoln Field funding to original intent. Additional questions and answers ensued. 8:13 p.m. Following a voice vote on ARTICLE 31(a),the Moderator declared the MOTION ADOPTED by more than the necessary two-thirds vote. Charles Lamb served notice of reconsideration on article 31(a),(b)-(g)and(i)—(q). h. Central Business Sidewalks-$175,000 for the construction and reconstruction of sidewalks in the Central Business District and all incidental costs related thereto,and that to meet this appropriation the Treasurer,with the approval of the Board of Selectmen,is authorized to borrow$175,000 under M.G.L.Chapter 44,Section 7 or any other enabling authority. 8:13 p.m. Peter Kelley reported the support of the Board of Selectmen for ARTICLE 31(h). Charles Lamb reported support of the Capital Expenditures Committee. Victoria Buckley provided an update on the position of the Commission on Disability. 8:23 p.m. David Kanter reported the support(6-2)of the Appropriation Committee. Discussion ensued on sidewalk plans and construction phases for the Central Business District. 8:32 p.m. Following a voice vote on ARTICLE 31 (h),the Moderator declared the MOTION ADOPTED by more than the necessary two-thirds vote. 8:32 p.m. Charles Lamb served notice of reconsideration on Article 31(h). 8:33 p.m. Selectman Jeanne Krieger moved Article 43 be taken up. Motion Adopted. 8:33 p.m. Presented by Selectman Jeanne Krieger. ARTICLE 43: APPROPRIATE FOR AUTHORIZED CAPITAL IMPROVEMENTS MOTION: a)That in addition to the$60,000 previously appropriated under Article 28(i)of the warrant for the 2006 Annual Town Meeting,$15,000 be appropriated for the rehabilitation and restoration of the records vault in Cary Memorial Hall,and that to meet this appropriation $15,000 be transferred from the unexpended balance of Article 4(d)of the warrant for the November 29,2006 Special Town Meeting. b)That,in addition to$32,150,000 previously appropriated under Article 5 of the warrant for the 2002 Special Town Meeting,$1,575,000 previously appropriated under Article 29(d)of the warrant for the 2005 Annual Town Meeting,and$250,000 previously appropriated under Article 34 of the warrant for the 2006 Annual Town Meeting,$500,000 is appropriated for architectural and engineering services,construction,furnishing and equipping to complete the reconstruction of the Fiske and Harrington Elementary Schools;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.Chapter 44,Section 7(3),M.G.L.Chapter 70B,or any other enabling authority;and that the Permanent Building Committee and Town Manager is authorized to take any other action necessary to carry out this project. 8:35 p.m. Phil Poinelli,Permanent Building Committee Chairman,spoke on 43(b)and reported on unfinished business of the Fiske and Harrington schools. Adjourned Session of the 2007Annual Town Meeting—May 2,2007 8:45 p.m. Jeanne Krieger reported the unanimous support of the Board of Selectmen. Thomas Diaz reported the unanimous support of the School Committee for parts(a)and(b). Charles Lamb reported unanimous support of the Capital Expenditures Committee. David Kanter reported unanimous support of the Appropriation Committee. 8:48 p.m. Discussion ensued on school playground improvements,Fiske School energy rebates and air conditioning,and Woodland Road pedestrian walkway step design. 9:12 p.m. Sheldon Spector,pr.6,called the question. Motion Adopted. 9:13 p.m. Following a voice vote,the Moderator declared the Motion Adopted by more than the necessary two-thirds vote. 9:13 p.m. Charles Lamb served notice of reconsideration on Article 43. 9:14 p.m. Presented by Thomas Griffiths. ARTICLE 34: APPROPRIATE FOR SCHOOL CAPITAL PROJECTS AND EQUIPMENT MOTION: That$3,010,000 be appropriated for planning,remodeling,reconstructing and making extraordinary repairs to school buildings,for the purchase of additional equipment therefor,and for the purchase of computer hardware and software to maintain and upgrade the schools'technology systems;and to meet this appropriation the Treasurer,with the approval of the Board of Selectmen,is authorized to borrow$2,710,000 under M.G.L. Chapter 44,Section 7,M.G.L.Chapter 70B or any other enabling authority;and that $300,000 be transferred from the Unreserved Fund Balance. Thomas Griffiths reviewed capital requests. 9:31 p.m. Hank Manz reported unanimous support of the Board of Selectmen. Charles Lamb reported unanimous support of the Capital Expenditures Committee. David Kanter reported unanimous support of the Appropriation Committee. 9:24 p.m. Ephraim Weiss,pr.5,requested a report of the Energy Committee on the projects. 9:36 p.m. Fire Chief William Middlemiss responded to questions on school lockers posed by Dawn McKenna,pr.6. 9:38 p.m. Comments and discussion ensued on energy savings,ventilation issues at the high school science building,and instructional technology. 9:50 p.m. Motion Adopted Unanimously. 9:50 p.m. Charles Lamb served notice of reconsideration of Article 34. 9:51 p.m. Presented by Selectman Norman Cohen. ARTICLE 37: APPROPRIATE FOR POST EMPLOYMENT BENEFITS MOTION: That this article be indefinitely postponed. Norman Cohen explained purpose of indefinite postponement. Deborah Brown reported the unanimous support of the Appropriation Committee. Motion Adopted Unanimously. 9:52 p.m. Presented by Selectman Norman Cohen. ARTICLE 38: RESCIND PRIOR BORROWING AUTHORIZATIONS MOTION: That this motion be indefinitely postponed David Kanter reported the Appropriation Committee has taken no position. Town Manager Carl Valente responded to request for rescinding,with the Conservation Commission potentially needing borrowing authority for ftrture land purchases. 9:56 p.m. Motion Adopted Unanimously. 10:00 p.m. Presented by Selectman Jeanne Krieger. ARTICLE 40: APPROPRIATE TO STABILIZATION FUND MOTION: That$1,000,000 be appropriated to the Stabilization Fund for any lawful purpose in accordance with M.G.L.Chapter 40,section 5B,and that to meet this appropriation$1,000,000 be transferred from the Unreserved Fund Balance. Jeanne Krieger reported the unanimous support of the Board of Selectmen. Deborah Brown reported the unanimous support of the Appropriation Committee. 10:02 p.m. Following a voice vote,the Moderator declared the Motion Adopted by more than the necessary two-thirds vote. 10:02 p.m. Presented by Selectman Jeanne Krieger. ARTICLE 41: APPROPRIATE FOR PRIOR YEARS' UNPAID BILLS MOTION: That$50,531 be appropriated to pay unpaid bills for goods and services rendered to the School Department for Fiscal Year 2006,and that to meet this appropriation$50,531 be transferred from the Unreserved Fund Balance. Adjourned Session of the 2007Annual Town Meeting-May 2,2007 Jeanne Krieger reported unanimous support of the Board of Selectmen. Pam Hoffman reported the unanimous support of the Appropriation Committee. 10:03 p.m. School Finance Director Mary Ellen Dunn responded to questions on unpaid bills. 10:06 p.m. Following an uncertain voice vote the Moderator called for a standing vote,tallied as follows: Pct1 Pct2 Pct2 Pct4 Pct5 Pct6 Pct7 Pct8 Pct9 AL TOTAL YES 14 10 16 15 19 14 12 11 18 13 142 NO 0 0 0 0 0 2 0 1 1 0 4 With 142 voting in the affirmative and 4 in the negative,with more than the necessary four-fifths vote required,the Moderator declared the Motion Adopted. 10:09 p.m. Alan Levine served notice of reconsideration on Article 41. 10:09 p.m. Presented by Selectman Norman Cohen. ARTICLE 42: AMEND FY2007 OPERATING BUDGET MOTION: That the following amounts be appropriated to the following line items for the current fiscal year's budget as approved under Article 17 of the 2006 Annual Town Meeting and subsequently amended under Article 2 of the 2006 Special Town Meeting 41 and that said amounts be transferred from the following sources: Line-Itenm From To Change (For Intranational Purposes Only) 1100 Lexington Public Schools $ 63,419,500 $ 63,941,058 $ 521,558 2130 Group Insurance $ 18,160,485 $ 17,994,416 $ (166,069)' 2140 Unemployment $ 122,800 $ 92,800 $ (30,000)' 2150 Workers Compensation $ 190,000 $ 220,000 $ 30,000 2210 Payment on Funded Debt $ 2,837,006 $ 2,875,006 $ 38,000 2220 Interest on Funded Debt $ 634,097 $ 546,097 $ (88,000)' 2230 Temporary Borrowing $ 248,958 $ 298,958 $ 50,000 2310 Reserve Fund $ 400,000 $ 391,480 $ (8,520) 5100 Library Personal Services $ 1,563,305 $ 1,538,305 5 (25,000) 7100 Comm.Devel.Personal Services $ 738,714 $ 687,714 $ (51,000) 7100 Comm.Devel.Expenses $ 60,019 $ 86,019 $ 26,000 7300 Economic Devel.Personal Services $ 95,199 $ 45,199 $ (50,000) 7300 Economic Dcvcl.Expenses $ 69,643 $ 109,643 $ 40,000 8120 Legal $ 350,000 $ 310,000 $ (40,000)' 8210-8220 Town Manager Personal Services $ 470,542 $ 445,542 $ (25,000) 8210-8220 Town Manager Expenses $ 156,067 $ 196,067 $ 40,000 8600 MIS Personal Services $ 180,471 $ 101,471 $ (79,000) 8600 MIS Expenses $ 279,050 $ 305,550 $ 26,500 $ 209,469 and further that$209,469 be appropriated from the Unreserved Fund Balance. Norman Cohen reviewed requested action. 10:16 p.m. Alan Levine served notice of reconsideration on Article 40. 10:17 p.m. Deborah Brown reported support(8-0-1)of the Appropriation Committee. 10:24 p.m. School Committee Chairman Thomas Diaz responded to questions of Patrick Mehr, pr.3,concerning tracking funded positions. 10:29 p.m. Jane Pagett,pr.6,moved the following Resolution amendment to Article 42: AMENDMENT: Resolved that,for the next three years,the School Committee and/or administration provide certain quarterly actual-to-budget financial data pertaining to Lexington Public Schools. These data will be available to all Town Meeting representatives on the school web site and will include the following: quarterly financial report by line item; FTE count;SPED variances from budget;Energy consumption and cost;Facilities maintenance expenditures 10:29 p.m. Jeanne Krieger reported the support of the Board of Selectmen for this non-binding resolution. Selectman Norman Cohen commented on the school department's bottom-line budget approved by town meeting. School Committee Chairman Thomas Diaz reported the unanimous endorsement of the School Committee. 10:36 p.m. Deborah Brown reported the unanimous support of the Appropriation Committee. 10:38 p.m. Alan Lazarus,pr.6,spoke in opposition. 10:41 p.m. Amendment Adopted. Adjourned Session of the 2007Annual Town Meeting—May 2,2007 10:42 p.m. The Moderator declared a recess. 10:55 p.m. Adam Sacks,pr.2,moved the following amendment: AMENDMENT: Article 42,item 7300,be amended to add the following: That 30%of the$40,000 proposed be allocated to consulting services&public education to support small local business development. 10:56 p.m. Mr. Sacks explained requested action. 10:59 p.m. Jeanne Krieger reported the unanimous opposition of the Board of Selectmen. Deborah Brown reported the unanimous opposition of the Appropriation Committee. Mollie Garberg,co-chair of the Vision 2020 Economic Development Task Force Committee spoke on the activities of the task force. 11:01 p.m. Sheldon Spector moved the Question. Motion Adopted. 11:02 p.m. Amendment Not Adopted. 11:03 p.m. Loren Wood,pr.3,questioned the consequences of defeat of the main motion. Town Manager Carl Valente responded. Thomas Diaz explained the consequences for school operations. Superintendent Paul Ash further explained potential consequences for school operations. 11:08 p.m. John Hayward,pr.5,called the Question. Motion Adopted. 11:09 p.m. Article 42 Motion Adopted Unanimously. 11:09 p.m. Dawn McKenna,pr.6,explained her intent to move reconsideration of Article 15 and outlined reasons for such action. 11:14 p.m. Dawn McKenna,pr.6,moved reconsideration of Article 15. 11:17 p.m. Historic Commission member Marilyn Fenollosa,pr.5,spoke against reconsideration. 1:19 p.m. Jeanne Krieger reported a majority of the Board of Selectmen opposes reconsideration. 11:22 p.m. Wendy Manz reported the Planning Board's opposition to reconsideration. 11:23 p.m. Carolyn Tiffany,pr.8,spoke on the need to address some of the issues. 11:24 p.m. Peter Kelley spoke in support of reconsideration. 11:25 p.m. Deborah Strod,pr.6,called the Question. Motion Adopted. 11:26 p.m. Dawn McKenna,pr.6,reviewed her reasons and intended action if reconsideration should prevail. 11:28 p.m. Motion Not Adopted. 11:28 p.m. Presented by Selectman Jeanne Krieger. ARTICLE 44: USE OF FUNDS TO REDUCE THE TAX RATE MOTION: That this article be indefinitely postponed. 11:28 p.m. Motion Adopted Unanimously. 11:29 p.m. Jeanne Krieger MOVED the 2007 Annual Town Meeting be Dissolved. Motion Adopted Unanimously. A tine copy. Attest: Donna M.Hooper