The URL can be used to link to this page

Home My WebLink About2024-03-18-ATM-min March 18, 2024 Annual Town Meeting Moderator Deborah Brown called the 2024 Annual Town Meeting to order at 7:37 p.m., held in the Margery Milne Battin Hall in the Cary Memorial Building, 1605 Massachusetts Avenue, and by means of remote participation, and commenced with the William Diamond Fife and Drum Corps leading the Lexington Minutemen to post the colors, followed by the playing of the National Anthem. Moderator Deborah Brown welcomed all participants and gave an overview of the voting portal and parliamentary procedures. A quorum in excess of 100 members was present(169). Town Clerk, Mary de Alderete, read the Warrant for the Annual Town Meeting until waived. The Town Clerk read the Constable's Return of Service. 7:53 pm. The Moderator opened the Portal to take attendance and noted that a quorum had been reached. She then gave a brief overview of parliamentary procedure for the Meeting. 7:54 p.m. The Moderator called attention to the voting portal and asked members approve use of the voting system which would be recording votes on a tablet. Mr. Pato, Select Board Chair, moved that the Town Meeting Members approve the use of the hand-held technology during the Meetings. The Moderator noted that she would treat this as a voice vote, and asked if there were any objections to using the tablets. As there were none, the motion carries unanimously. 7:54 p.m. The Moderator called the Meeting open under Article 2. ARTICLE 2 ELECTION OF DEPUTY MODERATOR AND REPORTS OF TOWN BOARDS, OFFICERS AND COMMITTEES a. Deputy Moderator That Thomas Diaz be approved as Deputy Moderator. MOTION: Mr. Pato moves that Tom Diaz be approved as Deputy Moderator. 7:55 p.m. The Moderator noted that she was thrilled that Mr. Diaz would serve in this capacity once more and that unless there were objections, she would consider this a voice vote. As there were no objections the motion carries unanimously. The Moderator noted that she was thankful to Mr. Diaz for agreeing to serve in this capacity. Mr. Diaz was sworn to the faithful performance of his duties by the Town Clerk. 7:55 p.m. The Moderator continued the Meeting open under Article 2. ARTICLE 2 ELECTION OF DEPUTY MODERATOR AND REPORTS OF TOWN BOARDS, OFFICERS AND COMMITTEES b. Report of the Committee on Cary Lectures That the report of the Committee on Cary Lectures be received and placed on file and the Committee discharged. MOTION: Ms. Goldberg moves that the report of the Committee on Cary Lectures be received and placed on file and the Committee discharged. As there were no objections the motion carries unanimously. Rita Goldberg, Member of the Committee on Cary Lectures,presented information on past and upcoming Lectures and asked Members to keep an eye out for their upcoming flyer. 8:01 P.M. The Moderator called the Meeting open under Article 3. ARTICLE 3 APPOINTMENTS TO CARY LECTURE SERIES MOTION: Mr. Pato moves that the Moderator appoint a committee of four to have the charge of the lectures under the wills of Eliza Cary Farnham and Suzanna E. Cary for the current year. Motion approved by unanimous voice vote. Mr. Pato noted the unanimous support of the Select Board for the Article. 8:01 P.M. As there were no questions, the Moderator opened voting on Article 3. Following remote electronic vote tallying, the Moderator declared that: Motion to Approve Article 3 - Cary Lecture Series Adopted by a vote of: Yes No Abstain 168 0 2 MOTION CARRIES UNANIMOUSLY 8:04 p.m. The Moderator asked for a procedural motion to take up Articles 32, 42, and 29 in that order. Mr. Pato moved to take up Articles 32, 42, and 29. Motion approved by unanimous voice vote. 8:05 p.m. The Moderator opened the Meeting under Article 32. ARTICLE 32 OLD SPRING STREET NAME CHANGE MOTION: Ms. Barry moves that the Town change the name of the portion of Spring Street shown as "Old Spring Street" on the map below from the intersection with Spring Street to the terminus of the roadway to "Old Spring Street." 8:06 p.m. John Livsey, Town Engineer,presented information on the Article and noted that the Police and Fire Departments supported the change. 8:08 P.M. Ms. Barry noted the unanimous support of the Select Board for the Article. 8:09 P.M. Dean Fentini, 153 Spring St., questioned the legal ripple effects of changing the information and asked that no change be voted. 8:11 P.M. The Moderator opened voting on Article 32. Following remote electronic vote tallying, the Moderator declared that: Motion to Approve Article 32— Old Spring Street Name Change Adopted by a vote of: Yes No Abstain 132 17 20 MOTION CARRIES 8:15 p.m. The Moderator opened the Meeting under Article 42. ARTICLE 42 DIGITAL PUBLICATION OF LEGAL NOTICES (Citizen Petition) MOTION: Ms. Hamilton moves that the Select Board be authorized to petition the Massachusetts General Court to enact legislation in substantially the form below, and further that the Select Board be authorized to approve amendments to said legislation before its enactment by the General Court that are within the scope of the general objectives of this motion: "AN ACT ALLOWING `PRINT FREE' DIGITAL LEGAL NOTICES FOR THE TOWN OF LEXINGTON" Section 1. Purpose The purpose of this Act is to allow, but not require, the Town of Lexington to satisfy legal notice requirements entirely by digital publication as voted necessary by its Select Board in light of the changing landscape of print newspaper businesses,particularly at the local level. Section 2. Means of Legal Notice Publication Notwithstanding section 13(b) of chapter 4 of the General Laws or any other general or special law to the contrary, wherever the Town of Lexington, or any committee, department, board, commission, or officer thereof is to publish a legal notice in a newspaper or newspaper of general circulation, such requirement may be satisfied by one or more of the following means as authorized by local vote in Section 3: A. a newspaper of local or general circulation's print publication; B. a newspaper's website; C. websites reporting local news and opinion which satisfy all criteria for digital publication set forth in said section 13(b) of chapter 4 of the General Laws; D. a statewide website that may be maintained as a repository for such notices; or E. a town wide website that may be maintained as a repository for such notices. Section 3. Local Vote on Means of Publication A. For all legal notices to be issued by Town of Lexington committee, department, board, commission, or officer other than the School Committee, Lexington Public Schools, or a department or officer of the School Committee or Lexington Public Schools, the Select Board by majority vote shall determine at least two of the means of legal notice publication set forth in Section 2 to satisfy publication requirements. B. For all legal notices to be issued by the School Committee, Lexington Public Schools, or a department or officer of the School Committee or Lexington Public Schools, the School Committee by majority vote shall determine at least two of the means of legal notice publication set forth in Section 2 to satisfy publication requirements. C. The Select Board and School Committee may revisit their means of publication votes at their discretion and elect different means of publication from the options afforded under Section" 2" by majority vote. Section 3. This Act shall take effect upon passage. 8:16 p.m. Diane Pursley presented information on the Article. Mr. Pato noted the unanimous support of the Select Board for the Article. Mr. Peters stated the unanimous recommendation of the Planning Board for the Article. Ms. Cuthbertson stated the unanimous support of the School Committee for the Article. 8:22 p.m. Jay Luker, Pct. 1, questioned whether there were issues in proving authenticity of when a notice was posted. Joe Pato, Select Board Chair, stated that the Select Board had not yet discussed the implementation as it would need to the Legislature, first. Mina Makarious, Town Counsel, noted that this was an issue to be discussed at that time, but that usually finding out when digital posting was easier to discover. He noted that when sending things to the newspaper, there was a time cycle and the posting had to be there by a certain date. 8:25 p.m. Dawn McKenna, Pct. 6, asked if the Town could choose to put on link to legal notices on their site. Mr. Makarious said they could. Ms. McKenna noted that she was concerned about the possibility that each time a notice was done, the language that allows it could possibly also allow a change to the method. She asked whether the School Committee and Select Board could pick separate or different methods from each other. Mr. Makarious agreed that they could. Ms. McKenna said that she was concerned about each entity doing something different and hoped that they could figure something out in collaboration. Ms. Pursley said that the Town had flexibility in the choices of posting. Mr. Makarious noted that there was a relative independence of the School Committee from Town government and that if a bylaw would require just the Select Board to choose the method, it could bring into question whether the School Committee could operate independently. 8:30 p.m. Members continued to discuss and debate the Article. 8:44 p.m. Nancy Shephard, Pct. 4, called the question. 8:44 p.m. Sanjay Padaki raised a Point of Order, that in the last paragraph the apostrophes were incorrect. Mr. Makarious noted that there wasn't a need to take them out at that time as it seemed to be a typo. (Corrected version below) ARTICLE 42 DIGITAL PUBLICATION OF LEGAL NOTICES (Citizen Petition) MOTION: Ms. Hamilton moves that the Select Board be authorized to petition the Massachusetts General Court to enact legislation in substantially the form below, and further that the Select Board be authorized to approve amendments to said legislation before its enactment by the General Court that are within the scope of the general objectives of this motion: "AN ACT ALLOWING `PRINT FREE' DIGITAL LEGAL NOTICES FOR THE TOWN OF LEXINGTON" Section 1. Purpose The purpose of this Act is to allow, but not require, the Town of Lexington to satisfy legal notice requirements entirely by digital publication as voted necessary by its Select Board in light of the changing landscape of print newspaper businesses,particularly at the local level. Section 2. Means of Legal Notice Publication Notwithstanding section 13(b) of chapter 4 of the General Laws or any other general or special law to the contrary, wherever the Town of Lexington, or any committee, department, board, commission, or officer thereof is to publish a legal notice in a newspaper or newspaper of general circulation, such requirement may be satisfied by one or more of the following means as authorized by local vote in Section 3: A. a newspaper of local or general circulation's print publication; B. a newspaper's website; C. websites reporting local news and opinion which satisfy all criteria for digital publication set forth in said section 13(b) of chapter 4 of the General Laws; D. a statewide website that may be maintained as a repository for such notices; or E. a town wide website that may be maintained as a repository for such notices. Section 3. Local Vote on Means of Publication A. For all legal notices to be issued by Town of Lexington committee, department, board, commission, or officer other than the School Committee, Lexington Public Schools, or a department or officer of the School Committee or Lexington Public Schools,the Select Board by majority vote shall determine at least two of the means of legal notice publication set forth in Section 2 to satisfy publication requirements. B. For all legal notices to be issued by the School Committee, Lexington Public Schools, or a department or officer of the School Committee or Lexington Public Schools, the School Committee by majority vote shall determine at least two of the means of legal notice publication set forth in Section 2 to satisfy publication requirements. C. The Select Board and School Committee may revisit their means of publication votes at their discretion and elect different means of publication from the options afforded under Section 2 by majority vote. Section 4. This Act shall take effect upon passage. Following remote electronic vote tallying, the Moderator declared that: Motion to Terminate Debate Adopted by a vote of: Yes No Abstain 136 20 13 MOTION CARRIES 8:47 p.m. Ms. Pursley offered closing remarks on the Article. 8:49 p.m. The Moderator opened voting on Article 42. Following remote electronic vote tallying, the Moderator declared that: Motion to Approve Article 42—Digital Publication of Legal Notices (Citizens Petition) Adopted by a vote of: Yes No Abstain 164 3 5 MOTION CARRIES 8:53 p.m. The Moderator opened the Meeting under Article 29 and noted that when it came time to vote, they would take separate votes on parts a and b. ARTICLE 29 AMEND THE GENERAL BYLAW-NOISE CONTROL Motion A: Mr. Pato moves that the following sections of the Town's Noise Bylaw, Chapter 80 of the Code of the Town of Lexington be amended as follows (where sf.., ek t4-etfgi, te* is to be removed and bolded text is to be added). Sections of the Bylaw not provided below will not be amended. 1. Add the following definitions to § 80-3: Definitions: BLAST HOLE DRILLING A technique whereby a hole is drilled into the surface of a rock,packed with explosive material and detonated. The aim of this technique is to induce cracks in the inner geology of surrounding rock,in order to remove rock and ledge. LEDGE WORK Ledge removal, rock breaking, percussive breaking, rock pounding, rock crushing, rock drilling or rock cutting. LEGAL HOLIDAYS All legal holidays recognized by the Commonwealth and those recognized by the Town of Lexington as identified on a list to be approved by the Select Board. PERCUSSIVE BREAKING or HAMMERING The breaking of rock, bedrock or ledge by repeated blows of a heavy bit or a chisel inside a casing pipe controlled by heavy equipment. ROCK BREAKING The removal of boulders or bedrock from land by drilling, blasting, percussive breaking, crushing,processing or splitting. 2. Amend §§ 80-4, 6, 7, and 8 as follows: Generation of excessive or unwarranted noise is prohibited, except as provided by§§ 80-5 and 808 of this by-law. In addition, the following restrictions shall apply: A. Construction/private service/maintenance power equipment. (i) Contractors are permitted to operate tools or equipment used in construction,excluding blast hole i*e1ttdi*g drilling or rock breaking,a„m elitie I in a manner such that this operation creates noise across a real property boundary that would disturb a reasonably prudent person only on weekdays between the hours of 7:00 a.m. and 5:00 p.m. and on Saturdays between the hours of 9:00 a.m. and 5:00 p.m. Such operation is not permitted on Sundays and legal holidays. (ii) Residents are permitted to operate tools or equipment used in construction, i*e1tt4j*g excluding blast hole drilling or,a„m elite rock breaking, on their own property, in a manner such that this operation creates noise across a real property boundary that would disturb a reasonably prudent person only on weekdays between the hours of 7:00 a.m. and 9:00 p.m. and on Saturdays, Sundays and legal holidays only between the hours of 9:00 a.m. and 5:00 p.m. (iii)1 addition to toe above estfie*ions Blasting and the use of powered equipment used in rock breakingef- e and pavement breaking, including but not limited to hydraulic or pneumatic hammering, by contractors: or residents is permitted on weekdays only between the hours of 9:00 a.m. and 5:00 p.m. and is not permitted on Saturdays, Sundays, and legal holidays. Contractors and residents engaged in rock breaking or pavement breaking shall, in addition,be required to comply with all noise mitigation measures requirements in Section 80-8. § 80-6. Measurement of excessive or unwarranted noise. A. A determination that excessive or unwarranted noise is caused by a given noise source will be made in accordance with the definition of"noise level" in § 80-3. B. To determine if there is a noise violation on private property, the noise measurements shall be made at the boundary of the abutting property i* from which the offending sound source is located. To determine if there is a noise violation in public spaces, the noise measurements shall be made at any location a passerby might lawfully occupy. § 80-7. Enforcement and penalties. A. The Police, Fire, Health or Inspectional Services Departments, or any designee thereof, shall have power to enforce this by-law. B. Any person who violates any provision of this bylaw, or who is the owner of property on which such violation occurs,shall be fined an amount not to exceed$-50100per first violation, $400200 for the second violation,and$2-00300 for the third and each subsequent violation.Fines issued hereunder shall be issued in accordance with Chapter 1, § 1-6 of the General Bylaws. The imposition of a penalty for any violation shall not excuse the violation or permit it to continue. Each day that such violation continues shall be considered a separate offense. § 80-8. Noise mitigation plan for construction. (i) A noise mitigation plan prepared by a credentialed noise mitigation consultant shall be required prior to the issuance of a building permit for construction projects in or adjacent to residentially zoned areas where: (a) The project entails rock removal with heavy machinery, including ledge removal,rock breaking, percussive breaking rock pounding, rock crushing, rock drilling or rock cutting or other ledge work work"), and (b) Ledge work aeti� •ire is anticipated to take place on more than seven days over the course of the project.; or (c) Based on the specific conditions of the project, the Building Commissioner determines that said project shall require a noise mitigation plan. (ii) A noise mitigation plan required under this § 80-8 shall, at a minimum, require portable sound barriers designed to reduce sound levels outside the barriers by at least 10 dB(A) surrounding and installed as close as practicable to the source of the noise, and to limit maximum noise levels to 85 dB(A)or less at the property line. These barriers must reduce construction noise to prevent noise injury to Town residents. A noise mitigation plan may require, at the discretion of the Building Commissioner, regular noise monitoring and reporting to the Building Commissioner.The,.bj eeti ,e of phis b..i aw A noise mitigation plan shall include a site plan showing the site boundaries and the locations of nearby residents on all sides. The site plan shall also show the location of ledge to be removed and the locations of each proposed noise-producing equipment and its range of movement. (iii) In the event that a building permit is issued under the assumption that none of the § 80-8 provisions apply, and it is discovered that such provisions do apply after the project begins, then no ledge work shall begin or continue until a noise mitigation plan is submitted and accepted in accordance with § 80-8(ii). (iv) In the event that the builder does not submit or follow a specified noise mitigation plan, whether by using inadequate barriers, poor barrier installation, poor maintenance, failure to move them to a new work area on site, or any other problem, then work must cease until the issue is corrected. and a A penalty of $50 per day may be assessed in accordance with provisions of § 80-7 for any days that ledge work took place without a plan or not in accordance with a ��plan that complies with this chapter. (v) In addition to the general enforcement provisions of Chapter 80, the Building Department in conjunction with the Public Health Department shall have the power to enforce this section. MOTION B: That the following sections of the Town's Noise Bylaw, Chapter 80 of the Code of the Town of Lexington be amended as follows (where sf.., ek t4-etigi, te* is to be removed and bolded text is to be added). Sections of the Bylaw not provided below will not be amended. Amend § 80-4 as follows: H. Landscaping 6)Effective March 15, 2025 2026,the use of all gas-powered leaf blowers by commercial landscapers in the Town of Lexington shall be prohibited. Joe Pato, Select Board Chair,presented information on the Article. Eric Michelson, Appropriation Committee Member, noted that although no new resources were immediately needed, he wished to point out potential financial effects in the future as there were positions being added to carry out compliance. 9:03 p.m. Steve Kaufman, raised a Point of Order concerning the structure of debate as it would be hard for someone who might wish to vote differently for each portion. The Moderator noted that after recommendations, if someone was in line for something at that time, it was only to debate Part A, and they would take up Part B separately. Cindy Arens, Chair of the Sustainable Lexington Committee, read a statement that the Committee had sent to the Select Board regarding harmful levels of noise and noted that their group supported the change. 9:16 p.m. Matt Daggett, Pct. 2, moved the following Amendment to the Article. The Moderator noted that there would be 30 minutes allowed for discussion and debate on the Amendment. By substituting the following sections from part A of the motion, as follows: Replace §80-4A(i)with: Contractors are permitted to operate tools or equipment used in construction, excluding ledge work, in a manner such that this operation creates noise across a real property boundary that would disturb a reasonably prudent person only on weekdays between the hours of 7:00 a.m. and 5:00 p.m. and on Saturdays between the hours of 9:00 a.m. and 5:00 p.m. Such operation is not permitted on Sundays and legal holidays. Replace §80-4A(ii)with: Residents are permitted to operate tools or equipment used in construction, excluding ledge work on their own property, in a manner such that this operation creates noise across a real property boundary that would disturb a reasonably prudent person only on weekdays between the hours of 7:00 a.m. and 9:00 p.m. and on Saturdays, Sundays and legal holidays only between the hours of 9:00 a.m. and 5:00 p.m. Replace §80-4A(iii)with: Blasting and the use of powered equipment for ledge work and in the breaking of pavement, including but not limited to hydraulic or pneumatic hammers, by contractors and residents is permitted on weekdays only between the hours of 9:00 a.m. and 5:00 p.m. and is not permitted on Saturdays, Sundays, and legal holidays. In addition, contractors and residents shall be required to comply with all applicable noise mitigation measures and requirements as provided by §80-8 of this by-law. Replace §80-8(ii)with: A noise mitigation plan required under this § 80-8 shall, at a minimum, require: (a) The use of portable sound barriers specifically designed for mitigating noise to reduce sound levels outside the barriers by at least 10 dB(A), surrounding and installed as close as practicable to the source of the noise. These barriers must reduce construction noise to prevent noise injury to Town residents. (b) That the maximum noise sound levels from all noise sources be under 85 dB(A) at the property line. (c) A site plan showing the site boundaries, the locations of proposed ledge work, the locations and range of movement of each proposed noise-producing equipment to be employed, and the locations of nearby residents on all sides of the site. (d) The use of specialized monitoring equipment for the measurement of noise as defined by § 80-6, to be collected throughout the periods defined by § 804A, unless waived by the Building Commissioner. Collected monitoring data and compliance reporting shall be made available to the Building Department at regular intervals or upon request. Replace §80-8(v)with: In addition to the general enforcement provisions of Chapter 80, the Building Department in conjunction with the Public Health Department shall have the power to enforce this section. Additionally, the Building or Public Health Department shall maintain a record of all complaints received regarding projects subject to noise mitigation plans, to include at a minimum, the date and nature of the complaint, a summary of the adjudication of the complaint, and any corrective or enforcement actions taken. 9:20 p.m. Recommendations: Mr. Pato noted that there were 3 Select Board Members in favor, and 2 awaiting discussion. As there were no questions, the Moderator opened voting on the Amendment. Mr. Michaelson asked that the Select Board give their final recommendations. Mr. Lucente noted that he was now a"yes" vote. Following remote electronic vote tallying, the Moderator declared that: Motion to Amend Article 29—Amend General Bylaw -Noise Control—Part A Adopted by a vote of: Yes No Abstain 164 4 7 MOTION CARRIES The Moderator noted that the Amended Motion was now the Main Motion on the floor. Motion A: Mr. Daggett moves that the following sections of the Town's Noise Bylaw, Chapter 80 of the Code of the Town of Lexington be amended as follows (where sf.., ek t4-etfgi, te* is to be removed and bolded text is to be added). Sections of the Bylaw not provided below will not be amended. 3. Add the following definitions to § 80-3: Definitions: BLAST HOLE DRILLING A technique whereby a hole is drilled into the surface of a rock,packed with explosive material and detonated. The aim of this technique is to induce cracks in the inner geology of surrounding rock,in order to remove rock and ledge. LEDGE WORK Ledge removal, rock breaking, percussive breaking, rock pounding, rock crushing, rock drilling or rock cutting. LEGAL HOLIDAYS All legal holidays recognized by the Commonwealth and those recognized by the Town of Lexington as identified on a list to be approved by the Select Board. PERCUSSIVE BREAKING or HAMMERING The breaking of rock, bedrock or ledge by repeated blows of a heavy bit or a chisel inside a casing pipe controlled by heavy equipment. ROCK BREAKING The removal of boulders or bedrock from land by drilling, blasting, percussive breaking, crushing,processing or splitting. 4. Amend §§ 80-4, 6, 7, and 8 as follows: Generation of excessive or unwarranted noise is prohibited, except as provided by§§ 80-5 and 808 of this by-law. In addition, the following restrictions shall apply: A. Construction/private service/maintenance power equipment. (i) Contractors are permitted to operate tools or equipment used in construction, excluding ledge work, in a manner such that this operation creates noise across a real property boundary that would disturb a reasonably prudent person only on weekdays between the hours of 7:00 a.m. and 5:00 p.m. and on Saturdays between the hours of 9:00 a.m. and 5:00 p.m. Such operation is not permitted on Sundays and legal holidays. (ii) Residents are permitted to operate tools or equipment used in construction, excluding ledge work on their own property, in a manner such that this operation creates noise across a real property boundary that would disturb a reasonably prudent person only on weekdays between the hours of 7:00 a.m. and 9:00 p.m. and on Saturdays, Sundays and legal holidays only between the hours of 9:00 a.m. and 5:00 p.m. (iii)Blasting and the use of powered equipment for ledge work and in the breaking of pavement, including but not limited to hydraulic or pneumatic hammers, by contractors and residents is permitted on weekdays only between the hours of 9:00 a.m. and 5:00 p.m. and is not permitted on Saturdays, Sundays, and legal holidays. In addition, contractors and residents shall be required to comply with all applicable noise mitigation measures and requirements as provided by §80-8 of this by-law. § 80-6. Measurement of excessive or unwarranted noise. C. A determination that excessive or unwarranted noise is caused by a given noise source will be made in accordance with the definition of"noise level" in § 80-3. D. To determine if there is a noise violation on private property, the noise measurements shall be made at the boundary of the abutting property i* from which the offending sound source is located. To determine if there is a noise violation in public spaces, the noise measurements shall be made at any location a passerby might lawfully occupy. § 80-7. Enforcement and penalties. C. The Police, Fire, Health or Inspectional Services Departments, or any designee thereof, shall have power to enforce this by-law. D. Any person who violates any provision of this bylaw, or who is the owner of property on which such violation occurs,shall be fined an amount not to exceed$50100per first violation, $4-99200 for the second violation,and$ 99300 for the third and each subsequent violation.Fines issued hereunder shall be issued in accordance with Chapter 1, § 1-6 of the General Bylaws. The imposition of a penalty for any violation shall not excuse the violation or permit it to continue. Each day that such violation continues shall be considered a separate offense. § 80-8. Noise mitigation plan for construction. (i) A noise mitigation plan required under this § 80-8 shall, at a minimum, require: (a)The use of portable sound barriers specifically designed for mitigating noise to reduce sound levels outside the barriers by at least 10 dB(A),surrounding and installed as close as practicable to the source of the noise. These barriers must reduce construction noise to prevent noise injury to Town residents. (b) That the maximum noise sound levels from all noise sources be under 85 dB(A) at the property line. (c) A site plan showing the site boundaries, the locations of proposed ledge work, the locations and range of movement of each proposed noise-producing equipment to be employed, and the locations of nearby residents on all sides of the site. (d) The use of specialized monitoring equipment for the measurement of noise as defined by § 80-6, to be collected throughout the periods defined by § 804A, unless waived by the Building Commissioner. Collected monitoring data and compliance reporting shall be made available to the Building Department at regular intervals or upon request. (ii) A noise mitigation plan required under this § 80-8 shall, at a minimum, require portable sound barriers designed to reduce sound levels outside the barriers by at least 10 dB(A) surrounding and installed as close as practicable to the source of the noise, and to limit maximum noise levels to 85 dB(A)or less at the property line. These barriers must reduce construction noise to prevent noise injury to Town residents. A noise mitigation plan may require, at the discretion of the Building Commissioner, regular noise monitoring and reporting to the Building Commissioner.The Objeetive of t4isb; ka-w A noise mitigation plan shall include a site plan showing the site boundaries and the locations of nearby residents on all sides. The site plan shall also show the location of ledge to be removed and the locations of each proposed noise-producing equipment and its range of movement. (iii) In the event that a building permit is issued under the assumption that none of the § 80-8 provisions apply, and it is discovered that such provisions do apply after the project begins, then no ledge work shall begin or continue until a noise mitigation plan is submitted and accepted in accordance with § 80-8(ii). (iv) In the event that the builder does not submit or follow a specified noise mitigation plan, whether by using inadequate barriers, poor barrier installation, poor maintenance, failure to move them to a new work area on site, or any other problem, then work must cease until the issue is corrected. A penalty of $50 per day may be assessed in accordance with provisions of § 80-7 for any days that ledge work took place without a plan or not in accordance with a ��plan that complies with this chapter. (v) In addition to the general enforcement provisions of Chapter 80, the Building Department in conjunction with the Public Health Department shall have the power to enforce this section. Additionally, the Building or Public Health Department shall maintain a record of all complaints received regarding projects subject to noise mitigation plans, to include at a minimum, the date and nature of the complaint, a summary of the adjudication of the complaint, and any corrective or enforcement actions taken. MOTION B: That the following sections of the Town's Noise Bylaw, Chapter 80 of the Code of the Town of Lexington be amended as follows (where sek�hr-ettgh teis to be removed and bolded text is to be added). Sections of the Bylaw not provided below will not be amended. Amend § 80-4 as follows: H. Landscaping 6)Effective March 15, 2025 2026,the use of all gas-powered leaf blowers by commercial landscapers in the Town of Lexington shall be prohibited. The Moderator noted they would now vote on 29a, as Amended. 9:26 p.m. Bob Avallone, Pct. 8, raised a Point of Order, stating he would like an updated vote of the Select Board at this time. It was noted that they were now 3 in favor, 2 abstaining. Following remote electronic vote tallying, the Moderator declared that: Motion to Approve Article 29 as Amended—Amend General Bylaw -Noise Control—Part A Adopted by a vote of: Yes No Abstain 166 4 4 MOTION CARRIES (Approved by the Attorney General's Office July 25, 2024,posted July 30, 2024) 9:30 p.m. The Moderator opened Part B of the Motion. 9:31 p.m. Meeting Members discussed this portion of the Motion. 10:13 p.m. Philip Hamilton, Pct. 7, called the question. Following remote electronic vote tallying, the Moderator declared that: Motion to Terminate Debate Adopted by a vote of: Yes No Abstain 119 35 13 MOTION CARRIES 10:17 p.m. Sanjay Padaki raised a Point of Order and asked for the final Select Board vote. Mr. Pato stated that their final vote was 3 in favor 2 opposed. Following remote electronic vote tallying, the Moderator declared that: Motion to Approve Article 29—Amend General Bylaw -Noise Control—Part B Fails by a vote of: Yes No Abstain 69 96 3 MOTION FAILS 10:21 p.m. The Moderator asked for a Motion to Adjourn. Joe Pato, Select Board Chair, Motioned to Adjourn the Annual Town Meeting to 7:30 p.m. on Wednesday, March 20, 2024, such meeting to be held at the Margery Milne Battin Hall, Cary Memorial Building, 1605 Massachusetts Avenue and by means of remote participation. The Moderator declared that Motion was adopted by unanimous voice vote and the Meeting adjourned. March 20, 2024 Adiourned Session of the 2024 Annual Town Meeting Moderator Deborah Brown called the second session of 2024 Annual Town Meeting to order at 7:31 p.m. on Wednesday, March 20, 2024, at the Margery Milne Battin Hall in the Cary Memorial Building, 1605 Massachusetts Avenue and by means of remote participation, a quorum in excess of 100 members was present(153). The Moderator reminded Members participating remotely to mute themselves while on the Portal. She then explained seating and parliamentary procedure for the evening. The Moderator gave notice of quorum at 7:36 p.m. and stated that she would leave the Portal open while more Members came into the Hall. The Moderator called a brief recess to turn the floor over to Joe Pato. He acknowledged that Jim Malloy would be retiring in the Fall after serving the Town for 6 years and wanted to note his dedicated service and exemplary career. He thanked Mr. Malloy and offered his congratulations. The Meeting Members offered Mr. Malloy a standing ovation for his dedication and leadership. 7:38 p.m. The Moderator called the Meeting back open under Article 2. ARTICLE 2 ELECTION OF DEPUTY MODERATOR AND REPORTS OF TOWN BOARDS, OFFICERS AND COMMITTEES c. Report of the Town Manager MOTION: Mr. Pato moves that the report of the Town Manager be received and placed on file. As there were no objections the motion carries unanimously. 7:39 p.m. Jim Malloy, Town Manager,presented information on the Town Manager's Report, including information on the Capital Stabilization Fund and the overall budget, including program improvements. 7:54 p.m. The Moderator called a brief recess to hear Mr. Malloy's remarks. Mr. Malloy then introduced new staff members to the Town along with the Senior Management Team. 7:58 p.m. The Moderator called the Meeting back to order. The Moderator noted that they would continue the Meeting under Article 2. ARTICLE 2 ELECTION OF DEPUTY MODERATOR AND REPORTS OF TOWN BOARDS, OFFICERS AND COMMITTEES i. Reports of the Superintendent of Minuteman Regional Technical High School MOTION: Ms. Crocker moves that the reports of the Superintendent of Schools be received and placed on file. As there were no objections the motion carries unanimously. Ms. Crocker introduced Ms. Sharon Musto, the Lexington Representative to the Minuteman School Committee. Ms. Musto noted that Nikki Andrade, School Business Manager, was available after the presentation in order to answer any questions. A presentation regarding the Article took place and Members questioned Ms. Andrade and Ms. Musto on various topics with the school and enrollment quotas. 8:18 P.M. The Moderator stated that the Meeting remained open under Article 2. ARTICLE 2 ELECTION OF DEPUTY MODERATOR AND REPORTS OF TOWN BOARDS, OFFICERS AND COMMITTEES d. Report of the Superintendent of Schools MOTION: Ms. Cuthbertson moves that the report of the Superintendent of Schools be received and placed on file. As there were no objections the motion carries unanimously. Dr. Julie Hackett presented information on the School budget and explained the revenue allocation process. 8:28 p.m. The Moderator stated that the Meeting remained open under Article 2. ARTICLE 2 ELECTION OF DEPUTY MODERATOR AND REPORTS OF TOWN BOARDS, OFFICERS AND COMMITTEES e. Reports of the Appropriation Committee MOTION: Mr. Parker moves that the reports of the Appropriation Committee be received and placed on file. As there were no objections the motion carries unanimously. ARTICLE 2 ELECTION OF DEPUTY MODERATOR AND REPORTS OF TOWN BOARDS, OFFICERS AND COMMITTEES f. Reports of the Capital Expenditures Committee MOTION: Mr. Lamb moves that the reports of the Capital Expenditures Committee be received and placed on file. As there were no objections the motion carries unanimously. 8:29 p.m. The Moderator opened the Meeting on the Consent Agenda. She noted that these were motions that had the unanimous support of the Select Board, Appropriation Committee, and Capital Expenditures Committee (where relevant) and any other relevant Boards such as the School Committee (as appropriate), Planning Board (as appropriate) and the Community Preservation Committee (as appropriate). She noted that"as appropriate" meant under their purview. The Moderator noted that these boards and committees had also unanimously approved inclusion of these items on a consent agenda that will be passed with a single vote,without presentations or debate at Town Meeting. She further stated, however, that she would allow questions, and that if 10 or more members wish to remove an item from the Consent Agenda for separate consideration, she would do so. She noted that the required vote quantum was 2/3 as some items required borrowing to appropriation from stabilization funds, or authorizing eminent domain. Consent Agenda ARTICLE 6 APPROPRIATE FOR SENIOR SERVICES MOTION: That the Town appropriate $15,000 for the purpose of conducting the Senior Service Tax Work-Off Program, to be spent under the direction of the Town Manager; and that to meet this appropriation, $15,000 be appropriated from the General Fund Unreserved Fund Balance. ARTICLE 10 APPROPRIATE FOR THE FY2025 COMMUNITY PRESERVATION COMMITTEE OPERATING BUDGET AND CPA PROJECTS MOTION: That the Town hear and act on the report of the Community Preservation Committee on the FY2025 Community Preservation budget and, pursuant to the recommendations of the Community Preservation Committee, take the following actions: b) That $20,000 be appropriated for Archives and Records Management, and to meet this appropriation $20,000 be appropriated from the Historic Resources Reserve of the Community Preservation Fund; j) That $681,200 be appropriated for CPA Debt Service and related costs, and to meet this appropriation $681,200 be appropriated from the Historic Resources Reserve of the Community Preservation Fund; and k) That $150,000 be appropriated for Administrative Expenses and all other necessary and proper expenses of the Community Preservation Committee for FY2025, and to meet this appropriation $150,000 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund. ARTICLE 11 APPROPRIATE FOR RECREATION CAPITAL PROJECTS MOTION: That $110,000 be appropriated for Pine Meadows Golf Course improvements, and all incidental costs related thereto; and that to meet this appropriation $110,000 be appropriated from Recreation Enterprise Fund Retained Earnings. ARTICLE 12 APPROPRIATE FOR MUNICIPAL CAPITAL PROJECTS AND EQUIPMENT MOTION: That the following amounts be appropriated for the following municipal capital improvements and that each amount be appropriated as follows: a) Transportation Mitigation - $100,000 for the Transportation Safety Group for certain traffic, pedestrian and bike safety improvements, including the design and construction of smaller scale safety related projects and education programs related to alternative transportation and bike safety, and all incidental costs related thereto, and that to meet this appropriation $13,234 be appropriated from the Transportation Network Company Special Revenue Fund and $86,766 be appropriated from the General Fund unreserved fund balance; c) Ambulance Replacement - $502,000 for the replacement of an ambulance, and that to meet this appropriation $125,000 be appropriated from the Ambulance Stabilization Fund and $377,000 be appropriated from the General Fund unreserved fund balance; d) Equipment Replacement- $1,920,000 for the cost of equipment for the Department of Public Works and all incidental costs related thereto, and that to meet this appropriation, $1,215,000 be appropriated from the General Fund unreserved fund balance, $125,000 be appropriated from Water Enterprise Fund Retained Earnings, $260,000 be appropriated from Wastewater Enterprise Fund Retained Earnings, and that the Treasurer, with the approval of the Select Board, is authorized to borrow $320,000 under M.G.L. Chapter 44, Section 7, or any other enabling authority; e) Sidewalk Improvements - $800,000 for rebuilding and repaving existing sidewalks, and all incidental costs related thereto, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and that to meet this appropriation $800,000 be appropriated from the General Fund unreserved fund balance; f) Hydrant Replacement- $150,000 for the replacement of fire hydrants and all incidental costs related thereto, and that to meet this appropriation $75,000 be appropriated from Water Enterprise Fund Retained Earnings, and $75,000 be appropriated from the General Fund unreserved fund balance; g) Townwide Signalization Improvements - $50,000 for a signalization inventory and compliance study, and all incidental costs related thereto, and that to meet this appropriation $50,000 be appropriated from the General Fund unreserved fund balance; h) Stormwater Management Program - $1,350,000 for general stormwater management, including watershed storm management projects, constructing and reconstructing storm drains or other projects to achieve NPDES compliance, and the repair and replacement of culverts; and to authorize the Select Board to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and all incidental costs related thereto; and that to meet this appropriation $1,350,000 be appropriated from the General Fund unreserved fund balance; j) Public Parking Lot Improvement Design - $15,000 for redesign of the Town's public parking lots, and all incidental costs related thereto, and that to meet this appropriation $15,000 be appropriated from the General Fund unreserved fund balance; k) Network Core Equipment Replacement - $550,000 to replace aging equipment at the core or head end of the Town network, and that to meet this appropriation $550,000 be appropriated from the General Fund unreserved fund balance; 1) Municipal Technology Improvement Program - $550,000 for the purchase and installation of server equipment, critical hardware and components, and all incidental costs related thereto, and that to meet this appropriation $550,000 be appropriated from the General Fund unreserved fund balance; m) Network Redundancy and Improvement Plan - $998,500 to build a stand-alone fiber network for town computing and communications, and all the incidental costs thereto, and to authorize the Select Board to take by eminent domain,purchase or otherwise acquire any fee, easement or other interest in land necessary therefor, and that to meet this appropriation $998,500 be appropriated from the General Fund unreserved fund balance; n) Network Technology Improvements - $161,000 to replace end-of-life network-related equipment, including WiFi access points and all incidental costs related thereto, and that to meet this appropriation $161,000 be appropriated from the General Fund unreserved fund balance; o) Scanning-Electronic Document Management- $110,000 to scan existing paper documents into the Town's document management systems, and all costs incidental and related thereto, and that to meet this appropriation $110,000 be appropriated from the General Fund unreserved fund balance; q) Street Improvements - $2,707,321 for road reconstruction, repairs and resurfacing and all incidental costs related thereto, and to authorize the Select Board to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor, and that to meet this appropriation $2,707,321 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 Department of Transportation. ARTICLE 13 APPROPRIATE FOR WATER SYSTEM IMPROVEMENTS MOTION: That the Select Board be authorized to make water distribution system improvements, including the installation of new water mains and replacement or cleaning and lining of existing water mains and stand pipes,conducting engineering studies and the purchase and installation of equipment in connection therewith, and pay all incidental costs related thereto, in such accepted or unaccepted streets or other land as the Select Board 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; and to appropriate $2,288,900 for such distribution systems improvements; and that to meet this appropriation, $1,000,000 be raised through water user fees, and$1,288,900 be appropriated from Water Enterprise Fund Retained Earnings. ARTICLE 14 APPROPRIATE FOR WASTEWATER SYSTEM IMPROVEMENTS MOTION: That the following be authorized, and that the following amounts be appropriated for the following capital improvements and that each amount be raised as indicated: (a) the Select Board be authorized to install sanitary sewer mains and sewerage systems and replacements thereof, and pay all incidental costs related thereto, in such accepted or unaccepted streets or other land as the Select Board may determine, subject to the assessment of betterments or otherwise, in accordance with Chapter 504 of the Acts of 1897, as amended, 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$1,061,210; and that to meet this appropriation, $500,000 shall be raised through wastewater user fees, and that the Treasurer,with the approval of the Select Board,be authorized to borrow$561,210 pursuant to M.G.L. Chapter 44, Section 8(4)or any other enabling authority; and further that the Treasurer,with the approval of the Select Board, be 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; and (b) that$50,000 be appropriated for an evaluation of the Town's sewer pump stations and for an update of the asset management plan for sewer pump stations, and all incidental costs related thereto, and to raise such amount$50,000 be appropriated from Wastewater Enterprise Fund Retained Earnings. ARTICLE 15 APPROPRIATE FOR SCHOOL CAPITAL PROJECTS AND EQUIPMENT MOTION: That$1,323,050 be appropriated for maintaining and upgrading the Lexington Public Schools technology systems, including the acquisition of new equipment and software in connection therewith, and all incidental costs related thereto, and that to meet this appropriation $1,323,050 be appropriated from the General Fund unreserved fund balance. ARTICLE 16 APPROPRIATE FOR PUBLIC FACILITIES CAPITAL PROJECTS MOTION: That the following amounts be appropriated for the following capital improvements to public facilities and that each amount be raised as follows: a) Public Facilities Bid Documents - $125,000 for professional services to produce design development, construction documents, and bid administration services for capital projects and all incidental costs related thereto, and that to meet this appropriation $125,000 be appropriated from the General Fund unreserved fund balance; b) Public Facilities Interior Finishes - $450,000 for interior finishes in municipal and school buildings, and all incidental costs related thereto, and that to meet this appropriation $219,345 be appropriated from the General Fund unreserved fund balance, and $230,655 be raised in the tax levy; C) School Paving and Sidewalks - $265,000 for school paving and sidewalk improvement programs, including traffic safety improvements, and all incidental costs related thereto, and to take by eminent domain,purchase or otherwise acquire any fee, easement or other interest in land necessary therefor, and that to meet this appropriation $265,000 be appropriated from the General Fund unreserved fund balance; and d) Public Facilities Mechanical/Electrical/Plumbing Replacements - $4,015,000 for replacement of HVAC,plumbing, electrical, and related components and systems that have exceeded their useful life, and all incidental costs related thereto, that to meet this appropriation $3,265,000 be appropriated from the General Fund unreserved fund balance, and $750,000 be raised in the tax levy. ARTICLE 17 APPROPRIATE TO POST EMPLOYMENT INSURANCE LIABILITY FUND MOTION: That$2,033,375 be appropriated to the town of Lexington Post Employment Insurance Liability Fund established pursuant to Chapter 317 of the Acts of 2002, and that to meet this appropriation, $3,045 be appropriated from Water Fund receipts, $609 be appropriated from Wastewater Fund receipts, $32,270 be raised in the tax levy, and $1,997,451 be appropriated from the General Fund unreserved fund balance. ARTICLE 20 APPROPRIATE FOR PRIOR YEARS' UNPAID BILLS MOTION: That this article be indefinitely postponed. ARTICLE 22 APPROPRIATE FOR AUTHORIZED CAPITAL IMPROVEMENTS MOTION: That this article be indefinitely postponed. ARTICLE 28 SELECT BOARD TO ACCEPT EASEMENTS MOTION: That, until July 1, 2024, the Select Board be authorized to acquire on behalf of the Town easements for the following purposes: roads, sidewalks, vehicular, bicycle or pedestrian access or passage,water, drainage and other utilities,where such easements are acquired at no cost to the Town and are required pursuant to a land use permit, site plan review, or memorandum of understanding. ARTICLE 30 PROHIBITION OF SINGLE USE FOOD CONTAINERS (Citizen Petition) MOTION: That this article will be indefinitely postponed. ARTICLE 44 AMEND GENERAL BYLAWS—CHAPTER 100 PUBLIC WAYS AND PLACES (Citizen Petition) MOTION: That this article be indefinitely postponed ARTICLE 53 AMEND ZONING MAP -507 BEDFORD STREET (Owner Petition) MOTION: That this article be referred to the Planning Board. ARTICLE 54 AMEND ZONING MAP - 509 BEDFORD STREET (Owner Petition) MOTION: That this article be referred to the Planning Board. 8:32 p.m. Laura Swain, Pct. 2, raised a Point of Order, and asked that 12j be moved from the Consent Agenda. The Moderator noted that at least 10 people had stood, so it would be removed. 8:46 p.m. The Moderator opened voting on the Consent Agenda and reminded the Members that this required a 2/3 vote. Following remote electronic vote tallying, the Moderator declared that: Motion to Approve Consent Agenda, excepting 12i Adopted by a vote of: Yes No Abstain 166 0 2 MOTION CARRIES UNANIMOUSLY 8:49 P.M. Delanot Bastien, raised a Point of Order, but was unavailable when called upon by the Moderator. The Moderator opened the Meeting under Article 4. ARTICLE 4 APPROPRIATE FY2025 OPERATING BUDGET MOTION: Mr. Pato moves that the following amounts be appropriated for the ensuing fiscal year and 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. Program 1000: Education Personal Services $ 120,852,942 Expenses $ 19,655,425 Total Line Item 1100, Lexington Public Schools $ 140,508,367 1200 Regional Schools $ 3,406,395 Program 2000: Shared Expenses 2110 Contributory Retirement $ 10,743,076 2130 Employee Benefits (Health/Dental/Life/Medicare) $ 37,478,895 2140 Unemployment $ 200,000 2150 Workers' Comp.(MGL Ch. 40, Sec. 13A&13C, Ch. 41, Sec. 111F)* $ 500,000 2210 Property & Liability Insurance $ 1,140,800 2220 Uninsured Losses (MGL Ch. 40, Sec. 13)* $ 200,000 2310 Solar Producer Payments $ 390,000 2400 Debt Service 2410 Payment on Funded Debt $ 4,290,400 2420 Interest on Funded Debt $ 1,202,976 2430 Temporary Borrowing $ 629,976 2510 Reserve Fund $ 850,000 2600 Facilities $ 14,565,854 Program 3000: Public Works 3100-3500 DPW Personal Services $ 5,235,820 3100-3500 DPW Expenses (including municipal & school refuse & recycling) $ 7,884,124 Program 4000: Public Safety 4100 Law Enforcement Personal Services $ 8,333,126 4100 Law Enforcement Expenses $ 1,203,197 4200 Fire Personal Services $ 8,402,956 4200 Fire Expenses $ 886,944 Program 5000: Culture & Recreation 5100 Library Personal Services $ 2,748,471 5100 Library Expenses $ 712,094 Program 6000: Human Services and Health 6100-6200 Human Services Personal Services $ 750,616 6100-6200 Human Services Expenses $ 763,323 6500 Health Personal Services $ 458,098 6500 Health Expenses $ 87,050 Program 7000: Land Use, Housing and Development 7100-7400 Land Use, Housing and Development Personal Services $ 2,055,655 7100-7400 Land Use, Housing and Development Expenses $ 386,951 Program 8000: General Government 8110 Select Board Personal Services $ 156,709 8110 Select Board Expenses $ 128,013 8120 Legal $ 375,000 8130 Town Report $ 13,688 8140 PEG $ 715,224 8210-8220 Town Manager Personal Services $ 1,129,878 8210-8220 Town Manager Expenses $ 414,962 8230 Salary Transfer Account(MGL Ch.40, Sec 13D)* $ 294,179 and further that Line 8230 is to be transferred by the Select Board for contractual settlements within departments upon recommendation of the Town Manager 8310 Financial Committees $ 8,676 8320 Misc. Boards and Committees $ 10,500 8330 Town Celebrations Committee $ 53,734 8400 Finance Personal Services $ 1,636,918 8400 Finance Expenses $ 510,260 8500 Town Clerk Personal Services $ 554,770 8500 Town Clerk Expenses $ 126,049 8600 Innovation & Technology Personal Services $ 851,591 8600 Innovation & Technology Expenses $ 2,272,584 Note: Asterisk denotes a Continuing Balance Account. and that the Town transfer the following sums to meet, in part, appropriations made at this Town Meeting: $ 400,000 from Unreserved Fund Balance/Free Cash for line item 2110; $ 32,270 from the Health Claims Trust Fund for line item 2130; $ 646,214 from the PEG Access Special Revenue Fund for line items 2130, 2600 and 8140; $ 1,000 from the Betterments Fund for line items 2410, 2420 and 2430; $ 123,000 from the Cemetery Sale of Lots Fund for line items 2410, 2420 and 2430; $ 50,000 from the Visitors Center Stabilization Fund for line items 2410, 2420 and 2430; $ 250,000 from the Parking Meter Fund for line item 4100; $ 171,000 from the Transportation Demand Management/Public Transportation Stabilization Fund for line items 6100-6200 and 7100-7400; $ 6,495 from Unreserved Fund Balance/Free Cash; $ 968,301 from the Water Enterprise Fund; $ 596,525 from the Sewer Enterprise Fund; and $ 308,991 from the Recreation Enterprise Fund. Mr. Pato noted that the Select Board unanimously supported passage of the Article. Ms. Cuthbertson stated the unanimous recommendation of the School Committee for the Article. Mr. Osborne noted that the Appropriation Committee recommended the Article with a vote of 8-0. Meeting members referred questions to Dr. Hackett regarding the School's budget. 9:43 p.m. The Moderator read through the different line items and then opened voting on the Article. She noted that a 2/3 vote was required for stabilization funds. Following remote electronic vote tallying, the Moderator declared that: Motion to Approve Article 4 Appropriate FY 2025 Operating Budget Adopted by a vote of: Yes No Abstain 169 1 1 MOTION CARRIES WITH MORE THAN NECESSARY 2/3RDS 9:45 p.m. The Moderator opened the Meeting under Article 5. ARTICLE 5 APPROPRIATE FY2025 ENTERPRISE FUNDS BUDGETS MOTION: a) That the Town appropriate the following sums of money to operate the Water Division of the Department of Public Works during fiscal year 2025 under the provisions of M.G.L. Chapter 44, Section 53F�/z: Personal Services $971,418 Expenses $614,400 Debt Service $1,386,157 MWRA Assessment $10277.096 Total $13,249,071 Said sums 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 2025 under the provisions of M.G.L. Chapter 44, Section 53F�/z: Personal Services $464,858 Expenses $536,400 Debt Service $1,592,858 MWRA Assessment $10284.483 Total $12,878,599 Said sums to be funded from wastewater receipts. c) That the Town appropriate the following sums of money to operate the Recreation and Community Programs Department during fiscal year 2025 under the provisions of M.G.L. Chapter 44, Section 53F�/z: Personal Services $1,824,916 Expenses $1.579.751 Total $3,404,667 Said sums to be funded from recreation receipts, except that$375,000 shall be funded from recreation retained earnings, and $272,708 shall be raised in the tax levy. Recommendations: Mr. Lucente stated that the Select Board unanimously supported passage of the Article. Mr. Bartenstein stated the unanimous recommendation of the Appropriation Committee for approval of the Article. 9:45 p.m. The Moderator opened the Meeting under Article 5. As there were no questions, the Moderator opened voting under Article 5. Following remote electronic vote tallying, the Moderator declared that: Motion to Approve Article 5 Appropriate FY 2025 Enterprise Fund Budget Adopted by a vote of: Yes No Abstain 165 0 1 MOTION CARRIES UNANIMOUSLY 9:52 p.m. The Moderator opened the Meeting under Article 7. ARTICLE 7 SUSTAINABLE CAPITAL PROJECTS MOTION: Mr. Sandeen moves that the following amounts be appropriated for the following capital improvements and that each amount be raised as follows: a) that $30,000 be appropriated for a solar assessment at Lincoln Fields to determine the feasibility of installing a solar canopy and related systems, and all costs incidental or related thereto, and to meet this appropriation $30,000 be appropriated from the General Fund unreserved fund balance; and b) that $35,000 for the purchase and installation of electric vehicle charging stations, and all costs incidental or related thereto, and that to meet this appropriation $35,000 be appropriated from the General Fund unreserved fund balance. Maggie Peard, Sustainability Officer,presented information on the Article. Recommendations: Mr. Sandeen noted the unanimous recommendation of the Select Board in support of passage of the Article. Mr. Lamb said that the Capital Expenditure Committee unanimously supported passage of the Article. Mr. Ahuja stated that the Appropriations Committee was unanimously in support of passage of the Article. Meeting members discussed the Article. 10:08 P.M. The Moderator opened voting on the Article. Following remote electronic vote tallying, the Moderator declared that: Motion to Approve Article 7 Appropriate Sustainable Capital Proiects Adopted by a vote of: Yes No Abstain 163 1 1 MOTION CARRIES 10:10 p.m. The Moderator opened the Meeting under Article 8. ARTICLE 8 ACCEPT TUCKER AVE (Westernmost portion) MOTION: Mr. Lucente moves to establish as a Town way and accept the layout as a Town way Tucker Avenue from Carville Avenue, a distance of 300 feet, more or less, easterly to the existing accepted portion of Tucker Avenue, as laid out by the Select Board and shown upon a plan dated February 1, 2024, on file in the office of the Town Clerk,to authorize the Selectmen to take by eminent domain,purchase or otherwise acquire any fee, easement or other interest in the land necessary therefor; and to appropriate $30,000 for such acquisition and the construction of a public road and related facilities and improvements in the layout of Tucker Avenue, and for the payment all incidental costs related thereto,with all or a portion of the costs subject to the assessment of betterments by the Select Board; and to raise such amount $30,000 be appropriated from the General Fund Unreserved Fund Balance. 10:11 P.M. John Livesy, Town Engineer,presented information on the Article. Recommendations: Mr. Lucente noted that the Select Board unanimously supported passage of the Article. Mr. Parker noted the unanimous support of the Appropriation Committee. Mr. Lamb stated the unanimous by the Capital Expenditures Committee for the Article. Mr. Peters said that the Planning Board unanimously recommended approval of the Article. 10:13 p.m. As there were no questions, the Moderator opened voting on the Article. She noted that a 2/3 vote was required for authorizing eminent domain. Following remote electronic vote tallying, the Moderator declared that: Motion to Approve Article 8 Accept Tucker Ave (westernmost portion) Adopted by a vote of: Yes No Abstain 162 0 1 MOTION CARRIES UNANIMOUSLY AND WITH MORE THAN NECESSARY 2/3RDS 10:16 PM The Moderator opened the Meeting under Article 9. ARTICLE 9 ESTABLISH AND CONTINUE DEPARTMENTAL REVOLVING FUNDS MOTION: Mr. Lucente moves that the Town authorize the following revolving fund limits pursuant to the provisions of M.G.L.Chapter 44, Section 53E�/z, and Chapter 110 of the Code of the Town of Lexington, for Fiscal Year 2025 beginning July 1, 2024, as follows: FUNDS REQUESTED: Program or Purpose for Revolving Funds FY2025 Authorization School Bus Transportation $1,150,000 Building Rental Revolving Fund $635,000 Lexington Tree Fund $120,000 DPW Burial Containers $60,000 DPW Compost Operations $875,000 Minuteman Household Hazardous Waste $250,000 Program Senior Services $75,000 Residential Engineering Review $57,600 Health Programs $110,000 Lab Animal Permit Applications/Inspections $40,000 Tourism $558,000 Refuse and Recycling Collection $0 Michael Boudett, Precinct 4, raised a Point of Order and asked for clarification about Article 12j. The Moderator noted that although it had been pulled out of the Consent Agenda, it did not need to be dealt with that evening. Recommendations: Mr. Lucente stated that the Select Board was unanimous in recommending the Article. Mr. Bartenstein stated the Appropriation Committee was unanimously in support of the Article. Ms. Cuthbertson noted that the School Committee unanimously supported the Article. Following remote electronic vote tallying, the Moderator declared that: Motion to Approve Article 9 Departmental Revolving Funds Adopted by a vote of: Yes No Abstain 162 0 1 MOTION CARRIES UNANIMOUSLY 10:21 p.m. The Moderator requested a Motion to Adjourn. Joe Pato, Select Board Chair, Motioned to Adjourn the Annual Town Meeting to 7:30 p.m. on Wednesday, March 27, 2024, such meeting to be held at the Margery Milne Battin Hall, Cary Memorial Building, 1605 Massachusetts Avenue and by means of remote participation. The Moderator declared that Motion was adopted by unanimous voice vote and the Meeting adjourned. March 27, 2024 Adiourned Session of the 2024 Annual Town Meeting Moderator Deborah Brown called the third session of 2024 Annual Town Meeting to order at 7:30 p.m. on Wednesday, March 27, 2024, at the Margery Milne Battin Hall in the Cary Memorial Building, 1605 Massachusetts Avenue and by means of remote participation, a quorum in excess of 100 members was present(150). The Moderator reminded Members to ensure that their settings should reflect as to whether they were in person or remote in the Portal. The Moderator gave notice of quorum at 7:35 p.m. and stated that she would leave the Portal open while more Members came into the Hall. 7:35 p.m. The Moderator called the Meeting open under Article 2. Janet Perry, Precinct 9, noted that she was in attendance, but her tablet wasn't working. The Moderator requested that the Clerk note this for the record. ARTICLE 2 ELECTION OF DEPUTY MODERATOR AND REPORTS OF TOWN BOARDS, OFFICERS AND COMMITTEES a. Report of the Community Preservation Committee MOTION: Ms. Fenollosa moves that the report of the Community Preservation Committee be received and placed on file. As there were no objections the motion carries unanimously. Ms. Fenollosa presented a brief overview of Article 10 projects. 7:42 p.m. The Moderator called the Meeting open under Article 10 and noted that l Ob, l Oj, and l Ok had already passed as part of the Consent Agenda and that each item would be voted individually in the order of 10a; IOf, IOc (athletic fields); IOd; IOc (hard court surfaces); IOg, IOh, 10i. ARTICLE 10 APPROPRIATE FOR THE FY2025 COMMUNITY PRESERVATION COMMITTEE OPERATING BUDGET AND CPA PROJECTS MOTION: Ms. Fenollosa moves that the Town hear and act on the report of the Community Preservation Committee on the FY2025 Community Preservation budget and, pursuant to the recommendations of the Community Preservation Committee, take the following actions: Ms. Fenollosa noted that the Community Preservation Committee had voted unanimously in support of each of the Articles, with the exception of l Of in which the vote was 7 in favor, 2 opposed. That the Town reserve for appropriation the following amounts from estimated FY2025 receipts as recommended by the Community Preservation Committee: 1. $804,000 for the acquisition, creation and preservation of open space; 2. $804,000 for the acquisition, preservation, rehabilitation and restoration of historic resources; 3. $804,000 for the acquisition, creation,preservation and support of community housing; and 4. $5,628,000 to the Unbudgeted Reserve. And further, that the Town make appropriations from the Community Preservation Fund and other sources as follows: a) That $4,000,000 be appropriated for the Cary Memorial Library Renovation, and to meet this appropriation $200,000 be appropriated from the Historic Resources Reserve of the Community Preservation Fund, $1,216,000 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund, $884,000 be appropriated from the Undesignated Fund Balance of the Community Preservation Fund, and that the Treasurer, with the approval of the Select Board, is authorized to borrow $1,700,000 under M.G.L. Chapter 44, Section 7(1), or any other enabling authority; Johnson Roberts Architecture presented information on the Project for the Library Renovation. Recommendations: Ms. Barry said the Select Board unanimously supported the Project. Mr. Lamb noted that Capital Expense Committee unanimously supported 10a, c, d, e, f, g, h, i. Mr. Michelson said that the Appropriation Committee approved the Articles 10a, c, e, f, g, h, i by a vote of 8-0. He noted that 10d should be called separately. Ms. Cuthbertson stated that the School Committee unanimously supported 10a. Ms. Buckley said that the Commission on Disability was unanimously in support of 10a. Meeting Members discussed the Article. 8:15 p.m. The Moderator noted that the vote required a 2/3 majority to pass due to borrowing. Following remote electronic vote tallying, the Moderator declared that: Motion to Approve Article 10a: Cary Memorial Library Renovation Adopted by a vote of: Yes No Abstain 161 1 3 MOTION CARRIES WITH MORE THAN NECESSARY 2/3RDS 8:22 p.m. The Moderator noted that the overall Operating Budget needed to be approved before moving forward with each Article. Motion to Approve Article 10 CPC Operating Budget That the Town reserve for appropriation the following amounts from estimated FY2025 receipts as recommended by the Community Preservation Committee: 1. $804,000 for the acquisition, creation and preservation of open space; 2. $804,000 for the acquisition, preservation, rehabilitation and restoration of historic resources; 3. $804,000 for the acquisition, creation,preservation and support of community housing; and 4. $5,628,000 to the Unbudgeted Reserve. Following remote electronic vote tallying, the Moderator declared that: Motion to Approve Article 10 CPC Operating Budget Adopted by a vote of: Yes No Abstain 159 0 2 MOTION CARRIES UNANIMOUSLY 8:23 p.m. The Moderator stated that she would turn the gavel over to Deputy Town Moderator Tom Diaz to take up the next portion of the Meeting. Jay Luker raised a Point of Information regarding how the vote had taken place as some items were done during the Consent Agenda. Mr. Makarious noted that as the votes are not official until the close of the Meeting, they needed to balance out. Moderator Diaz opened the Meeting under Article l Of. f) That $1,810,000 be appropriated for Lincoln Park Field Improvements, and to meet this appropriation $1,145,000 be appropriated from the Unbudgeted Reserve of the Town of Lexington Motion 2024 Annual Town Meeting 1 Community Preservation Fund and $665,000 be appropriated from the General Fund unreserved fund balance; Christian Boutwell, Vice-Chair of the Recreation Committee,presented information on the Article. Recommendations: Mr. Sandeen stated that the Select Board supported the Article by a vote 4-1. Mr. Lamb stated that the Capital Expenditures Committee was unanimously in support of the Article. Mr. Michelson stated that the Appropriations Committee was unanimously in support of the Article. Ms. Cuthbertson stated that the School Committee had voted 5-0 on l Of, l Od, and l Oc in support of those Articles. Members discussed the possibility of PFAS in the turf as well as using natural turf rather than artificial and how that might impact usage of the field. Deborah Strod, Pct. 6, asked for the minority opinion from the Select Board. Mr. Sandeen stated that he was the Member who took a position against the Motion, and that while he appreciated the many months of work done by many departments and groups he was concerned about PFAS in the turf as well as the prohibition of MGL 44B:5B2 that prohibits using CPA funds for artificial turf and while he understands that installation might be allowed, he also noted that in a recent court judgment, a Town was unallowed this use in 2021. 9:13 p.m. Scott Burson, Pct. 9, called the question. Following remote electronic vote tallying, the Moderator declared that: Motion to Terminate Debate Adopted by a vote of: Yes No Abstain 101 56 14 MOTION CARRIES 9:17 p.m. Mr. Boutwell declined any final comments. The Moderator opened voting on the Article. 9:18 P.M. Carolyn Kosnoff noted a Point of Information that the vote on screen was not the correct amount for the entire vote($1,145,000) and only represented the CPA portion of the vote but the vote included two pieces of funding which included an amount from the General Fund. The total appropriation was $1,810,000, of which $1,145,000 was from the unbudgeted reserve of the Community Preservation Fund and $665,000 from unreserved General Fund balance. Mr. Makarious, Town Counsel, noted that as long as the amount was clear to the Meeting and as it was printed in the Motion, it would be acceptable. Following remote electronic vote tallying, the Moderator declared that: Motion to Approve Article 10f: Park Field Improvements Adopted by a vote of: Yes No Abstain 116 41 13 MOTION CARRIES 9:21 p.m. The Moderator opened the meeting under Article 10c. c) That $545,000 be appropriated for Park Improvements — Athletic Fields — Bowman School, and to meet this appropriation $545,000 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund; Lisa O'Brien, Recreation Committee Member, presented information on the Article Recommendations: Mr. Sandeen noted the unanimous support of the Select Board for the Article. Mr. Lamb stated that the Capital Expenditures Committee was unanimously in support of the Article. Mr. Michelson stated that the Appropriations Committee was unanimously in support of the Article. Ms. Cuthbertson stated that the School Committee had voted unanimously in support of the Article. Victoria Buckley stated that the Commission on Disability was unanimously in support of the Article. 9:27 p.m. Mark Anderson, Precinct 9, served Notice of Reconsideration on Article l Of. The Moderator noted that it was timely and duly noted. 9:31 p.m. Mr. Boutwell declined final comments. 9:32 p.m. The Moderator opened voting on the Article. Following remote electronic vote tallying, the Moderator declared that: Motion to Approve Article 10c: Athletic Fields —Bowman School Adopted by a vote of: Yes No Abstain 163 0 3 MOTION CARRIES UNANIMOUSLY 9:34 p.m. The Moderator opened the meeting under Article 10d d) That $160,000 be appropriated for Lincoln Park Fitness Stations Equipment; and to meet this appropriation $160,000 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund; Recommendations: Mr. Sandeen noted the unanimous support of the Select Board for the Article. Mr. Lamb stated that the Capital Expenditures Committee was unanimously in support of the Article. Mr. Parker stated that the Appropriations Committee had been "pending" but as of this evening, the Committee unanimously recommended approval of the Article. Ms. Cuthbertson stated that the School Committee had voted unanimously in support of the Article. Ms. Buckley stated that the Commission on Disability accepted the Article. 9:50 p.m. The Moderator opened voting on the Article (majority) Following remote electronic vote tallying, the Moderator declared that: Motion to Approve Article 10d: Lincoln Park Fitness Stations Equipment Adopted by a vote of: Yes No Abstain 151 7 7 MOTION CARRIES 9:53 p.m. The Moderator opened the Meeting under Article 10e. e) That$492,000 be appropriated for Park Improvements —Hard Court Surfaces —Valley Rd, and to meet this appropriation $492,000 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund; Lisa O'Brien presented information on the Article. Recommendations: Mr. Sandeen noted the unanimous support of the Select Board for the Article. Mr. Lamb stated that the Capital Expenditures Committee was unanimously in support of the Article. Mr. Michelson stated that the Appropriations Committee was unanimously in support of the Article. Victoria Buckley stated that the Commission on Disability was unanimously in support of the Article. 9:59 p.m. The Moderator opened voting on the Article (majority) Following remote electronic vote tallying, the Moderator declared that: Motion to Approve Article 10e: Park Improvements—Hard Court Surfaces—Valley Road Adopted by a vote of: Yes No Abstain 159 0 5 MOTION CARRIES UNANIMOUSLY 10:00 P.M. Moderator Diaz transferred the gavel back to Moderator Brown. 10:00 P.M. The Moderator checked in with Ms. Fenollosa to ask if they should continue, and when agreed, the Moderator opened the Meeting under Article IOg g) That$482,365 be appropriated for LexHAB Affordable Housing Support, Restoration, Preservation, and Decarbonization, and to meet this appropriation $482,365 be appropriated from the Community Housing Reserve of the Community Preservation Fund; Sarah Morrison, Executive Director of LEXHAB, presented information on the Article. Recommendations: Mr. Sandeen noted the unanimous support of the Select Board for the Article. Mr. Lamb stated that the Capital Expenditures Committee was unanimously in support of the Article. Mr. Michelson stated that the Appropriations Committee was unanimously in support of the Article. 10:21 p.m. The Moderator opened voting on the Article. Following remote electronic vote tallying, the Moderator declared that: Motion to Approve Article 102: LexHab Support, Restoration, Preservation and Decarbonization Adopted by a vote of: Yes No Abstain 157 1 2 MOTION CARRIES 10:23 p.m. The Moderator indicated that 10i would be opened on another evening as the proponents had planned to be there. The Moderator then opened the Meeting under Article 10h. h) That$100,000 be appropriated for Lexington Housing Authority Exterior Preservation, and to meet this appropriation $100,000 be appropriated from the Community Housing Reserve of the Community Preservation Fund; Recommendations: Mr. Sandeen noted the unanimous support of the Select Board for the Article. Mr. Lamb stated that the Capital Expenditures Committee was unanimously in support of the Article. Mr. Michelson stated that the Appropriations Committee was unanimously in support of the Article. 10:25 p.m. The Moderator opened voting on the Article. Following remote electronic vote tallying, the Moderator declared that: Motion to Approve Article 10h: Housing Authority Exterior Preservation Adopted by a vote of: Yes No Abstain 157 0 2 MOTION CARRIES UNANIMOUSLY 10:26 p.m. The Moderator asked for a Motion to Adjourn. Joe Pato, Select Board Chair, Motioned to Adjourn the Annual Town Meeting to 7:30 p.m. on Monday, April 1, 2024, such meeting to be held at the Margery Milne Battin Hall, Cary Memorial Building, 1605 Massachusetts Avenue and by means of remote participation. The Moderator declared that Motion was adopted by unanimous voice vote and the Meeting adjourned. April 1, 2024 Adiourned Session of the 2024 Annual Town Meeting Moderator Deborah Brown called the fourth session of 2024 Annual Town Meeting to order at 7:30 p.m. on Monday, April 1, 2024, at the Margery Milne Battin Hall in the Cary Memorial Building, 1605 Massachusetts Avenue and by means of remote participation, a quorum in excess of 100 members was present(157). The Moderator opened voting attendance in the Portal. The Moderator gave notice of quorum at 7:34 p.m. and stated that she would leave the Portal open while more Members came into the Hall. 7:35 p.m. The Moderator called the Meeting open under Article 2. ARTICLE 2 ELECTION OF DEPUTY MODERATOR AND REPORTS OF TOWN BOARDS, OFFICERS AND COMMITTEES g. Report of the Select Board MOTION: Mr. Pato moves that the report of the Select Board be received and placed on file. As there were no objections the motion carries unanimously. 7:35 p.m. The Moderator asked for a procedural motion to take up Articles 25, 26, and 27, in that order. Mr. Pato moved to take up Articles 25, 26, and 27. Motion approved by unanimous voice vote. The Moderator opened the Meeting under Article 25. ARTICLE 25 PINE MEADOWS CLUBHOUSE RENOVATION MOTION: Ms. Barry moves that the Town appropriate $2,575,000 for the renovation of the Pine Meadows Clubhouse building, including design, engineering, architectural services, construction,purchase and installation of original equipment, including photovoltaic panels, furnishings, site improvements, and all costs incidental or related thereto, and that to meet this appropriation the Treasurer, with the approval of the Select Board, be authorized to borrow $2,575,000 under M.G.L. Chapter 44, Section 7, or any other enabling authority. A revised cost table was shown. Mr. Boutwell presented information on the Article. Recommendations: Ms. Barry noted the unanimous support of the Select Board for the Article. Mr. Lamb stated that the Capital Expenditures Committee was unanimously in support of the Article. Ms. Yan stated that the Appropriations Committee was unanimously in support of recommending the Article. Ms. Buckley stated that the Commission on Disability was unanimously in support of the Article. Meeting Members discussed refurbishment of the Clubhouse. 8:12 p.m. Sarah Higginbotham, Pct. 5, called the question. Following remote electronic vote tallying, the Moderator declared that: Motion to Terminate Debate Adopted by a vote of: Yes No Abstain 120 39 13 MOTION CARRIES 8:15 p.m. As Ms. Barry declined final comments, the Moderator opened voting for the Article and reminded members that it required a 2/3 vote due to borrowing. Following remote electronic vote tallying, the Moderator declared that: Motion to Approve Article 25: Pine Meadows Clubhouse Renovation Adopted by a vote of: Yes No Abstain 151 12 8 MOTION CARRIES WITH MORE THAN NECESSARY 2/3RDS 8:17 p.m. The Moderator opened the Meeting under Article 26. ARTICLE 26 APPROPRIATE FOR DESIGN FUNDS FOR LEXINGTON HIGH SCHOOL CONSTRUCTION PROJECT MOTION: Mr. Pato moves that the Town appropriate the amount of ten million dollars ($10,000,000) for the purpose of paying costs of the feasibility study and schematic design for the Lexington High School, located at 251 Waltham, St. Lexington MA 02421, including design, engineering and architectural services, and the payment of all costs incidental or related thereto, and for which the Town may be eligible for a grant from the Massachusetts School Building Authority ("MSBA"), said amount to be expended under the direction of the School Building Committee. To meet this appropriation the Treasurer, with the approval of the Select Board, is authorized to borrow said amount under and pursuant to M.G.L. Chapter 44, or pursuant to any other enabling authority. The Town acknowledges that the MSBA's grant program is a non-entitlement, discretionary program based on need, as determined by the MSBA, and any costs the Town incurs in excess of any grant approved by and received from the MSBA shall be the sole responsibility of the Town, and that the amount of borrowing authorized pursuant to this vote shall be reduced by any grant amount set forth in the Feasibility Study Agreement executed between the Town and the MSBA. Michael Cronin, Director of Public Facilities,presented information on the Article. Recommendations: Mr. Pato noted the unanimous support of the Select Board for the Article. Mr. Lamb stated that the Capital Expenditures Committee was unanimously in support of the Article. Mr. Levine stated that the Appropriations Committee was unanimously in support of the Article. Ms. Cuthbertson stated that the School Committee had voted with 4 in favor and 1 abstaining in support of the Article. Members discussed the Article. 8:26 p.m. The Moderator opened voting on the Article and reminded Members that it required a 2/3 vote due to borrowing. Following remote electronic vote tallying, the Moderator declared that: Motion to Approve Article 26: Appropriate for Design Funds for Lexington High School Construction Proiect Adopted by a vote of: Yes No Abstain 172 0 5 MOTION CARRIES UNANIMOUSLY AND WITH MORE THAN NECESSARY 2/3RDS 8:28 p.m. The Moderator opened the Meeting under Article 27. ARTICLE 27 APPROPRIATE FOR RENOVATION OF 173 BEDFORD STREET MOTION: Mr. Pato moves that the Town appropriate $6,000,000 for the renovation of the building located at 173 Bedford Street, including design, engineering, architectural services, construction, original equipment, furnishings, site improvements, and all costs incidental or related thereto, and that to meet this appropriation $334,155 be appropriated from the General Fund unreserved fund balance, $30,000 be appropriated from the premiums received and reserved from the issuance of Bond Anticipation Notes (BANS), and that the Treasurer, with the approval of the Select Board, be authorized to borrow $5,635,845 under M.G.L. Chapter 44, Section 7, or any other enabling authority. Michael Cronin, Director of Public Facilities,presented information on the Article. Recommendations: Mr. Pato noted the unanimous support of the Select Board for the Article. Mr. Lamb stated that the Capital Expenditures Committee was unanimously in support of the Article. Mr. Levine stated that the Appropriations Committee recommended the Article with a vote of 7-1. Ms. Cuthbertson stated that the School Committee had voted unanimously in support of the Article. 8:33 p.m. As there were no questions, the Moderator opened voting on the Article and reminded Members that it required a 2/3 vote due to borrowing. Following remote electronic vote tallying, the Moderator declared that: Motion to Approve Article 27: Appropriate for Renovation of 173 Bedford Street Adopted by a vote of: Yes No Abstain 159 4 9 MOTION CARRIES WITH MORE THAN NECESSARY 2/3RDS 8:35 p.m. The Moderator exchanged the gavel with the Deputy Moderator, who opened the Meeting under Article 12b, 12i, 12j (which had been removed from the Consent Agenda), and noted that the rest of Article 12 had been completed under the Consent Agenda. He noted that each would be discussed separately. ARTICLE 12 APPROPRIATE FOR MUNICIPAL CAPITAL PROJECTS AND EQUIPMENT MOTION: Mr. Sandeen moves that the following amounts be appropriated for the following municipal capital improvements and that each amount be appropriated as follows: b) Heavy Vehicle Extrication Equipment- $175,000 for the replacement and upgrade current equipment, and that to meet this appropriation $175,000 be appropriated from the General Fund unreserved fund balance; Recommendations: Mr. Sandeen noted the unanimous support of the Select Board for the Article. Mr. Lamb stated that the Capital Expenditures Committee was unanimously in support of all of the portions of Article 12 being considered that evening. Mr. Ahuja stated that the Appropriations Committee was unanimously in support of 12b, i,j, and p. 8:40 p.m. The Moderator opened voting on the Article. Following remote electronic vote tallying, the Moderator declared that: Motion to Approve Article 12b: Heavy Vehicle Extrication Equipment Adopted by a vote of: Yes No Abstain 166 0 2 MOTION CARRIES UNANIMOUSLY 8:41 p.m. The Moderator opened the Meeting under Article 12i. Mr. Sandeen moves that, i) Cemetery Columbarium-Design - $50,000 for the design of a columbarium at Westview Cemetery, and all incidental costs related thereto; and that to meet this appropriation $50,000 be appropriated from the General Fund unreserved fund balance; Mr. Sandeen noted the unanimous support of the Select Board for the Article. The Moderator reminded the Members that both Finance Committees had voiced support of the Article. 8:52 p.m. The Moderator opened voting on the Article. Following remote electronic vote tallying, the Moderator declared that: Motion to Approve Article 12i: Cemetery Columbarium - Desi2n Adopted by a vote of: Yes No Abstain 151 13 8 MOTION CARRIES 8:53 p.m. The Moderator opened the Meeting under Article 12j. Mr. Sandeen moves that, j)Public Parking Lot Improvement Design - $15,000 for redesign of the Town's public parking lots, and all incidental costs related thereto, and that to meet this appropriation $15,000 be appropriated from the General Fund unreserved fund balance; Mr. Sandeen noted the unanimous support of the Select Board for the Article. The Moderator reminded the Members that both Finance Committees had voiced support of the Article. 8:54 p.m. Members evaluated bike parking and the possibility of solar at the location. 9:15 p.m. Jerold Michelson, Chair of Lexington Center Committee, noted the unanimous support of the Committee for the Article. 9:16 p.m. The Moderator opened voting on the Article. Following remote electronic vote tallying, the Moderator declared that: Motion to Approve Article 12i: Public Parking Lot Improvements Adopted by a vote of: Yes No Abstain 100 64 8 MOTION CARRIES 9:18 p.m. The Moderator opened the Meeting under Article 12p. Mr. Sandeen moves that, p) Election Equipment Upgrade - $64,865 for the purchase of new election equipment, and all incidental costs related thereto, and that to meet this appropriation $64,865 be appropriated from the General Fund unreserved fund balance; Mr. Sandeen noted the unanimous support of the Select Board for the Article. The Moderator reminded the Members that both Finance Committees had voiced support of the Article. 9:19 P.M. Bob Avallone, Pct. 8, asked whether the machines could handle Ranked Choice Voting if it was approved by the Legislature. The Clerk noted that with an upgrade, they would be able to. Following remote electronic vote tallying, the Moderator declared that: Motion to Approve Article 12p: Election Equipment Upgrade Adopted by a vote of: Yes No Abstain 168 2 3 MOTION CARRIES 9:21p.m. Moderator Diaz turned the gavel over to Moderator Brown, who resumed the Meeting. 9:22 p.m. The Moderator asked for a procedural motion to take up Article 39. Mr. Pato moved to take up Article 39. Motion approved by unanimous voice vote. ARTICLE 39 HOME RULE PETITION TO ADJUST THE NUMBER OF ON-PREMISE WINE AND MALT ALCOHOL LICENSES MOTION: Mr. Lucente moves that the Select Board be authorized to petition the Massachusetts General Court to enact legislation in substantially the form below for the purpose of authorizing the Select Board, as the local licensing authority, to issue additional licenses for the sale of wine and malt beverages to be drunk on the premises in the Town of Lexington, and further that the Select Board be authorized to approve amendments to said act by the General Court before its enactment that are within the scope of the general objectives of this motion. An Act authorizing the town of*Lexington Five additional Licenses f or the Sale of*Wine and Malt Beverages. Be it enacted by the Senate andHouse ofRepresentative in General Court assembled, and by the authority of the same, as follows: Notwithstanding section 17 of chapter 138 of the General Laws, the licensing authority of the town of Lexington may, in addition to any other licenses it is entitled to grant, grant up to 10 additional licenses for the sale of wine and malt beverages only to be drunk on the premises pursuant to section 12 of chapter 138. Licenses granted under this subsection shall be subject to all of said chapter 138 except said section 17. Sandhya Ayer, Economic Development Director, presented information on the Article. Recommendations: Mr. Sandeen noted the unanimous support of the Select Board for the Article. Bridger McGaw, Vice Chair of the Economic Development Advisory Committee, noted that the EDAC voted in support of the Article unanimously 6-0. 9:27 p.m. Margaret Coppe, Chair of the Tourism Committee, noted that the Committee had voted unanimously to support the Article. 9:29 p.m. Inessa Manning, Member of the Lexington Center Committee, noted their vote of unanimous support for the Article. 9:34 p.m. The Moderator opened voting on the Article. Following remote electronic vote tallying, the Moderator declared that: Motion to Approve Article 39—Home Rule Petition to Adiust the Number of On-Premise Wine and Malt Alcohol Licenses. Adopted by a vote of: Yes No Abstain 163 8 5 MOTION CARRIES 9:36 p.m. The Moderator asked for a procedural motion to take up Article 41. Mr. Pato moved to take up Article 41. Motion approved by unanimous voice vote. ARTICLE 41 MASSACHUSETTS BAY TRANSPORTATION AUTHORITY Kunal Botla, Pct. 7, moves that Town Meeting does and hereby resolves as follows: WHEREAS, Lexington is a community within the Massachusetts Bay Transportation Authority(MBTA) service area; and WHEREAS, the residents and community of Lexington, Massachusetts depend on consistent and reliable public transportation from the MBTA for the well-being and economic prosperity of our community; and WHEREAS, on January 10, 1977, the last train ran on the Lexington Branch from Lexington to North Station; and WHEREAS, in June 1967,route 67 was extended from Arlington Center to Alewife station and all service in Lexington was discontinued; and WHEREAS, in June 1998, route 62 and 76 Saturday service were merged into one route; and WHEREAS, on March 17, 2020, in response to the global COVID-19 pandemic, bus services on routes 62, 76, and 62/76 were reduced, along with various other MBTA services; and WHEREAS, the bus service on routes 62, 76, and 62/76 has not been restored to pre-pandemic levels; and WHEREAS, despite challenges faced by Lexington commuters and student pass holders due to poor service, service remains reduced on 62, 76, and 62/76 buses; and WHEREAS, routes 62, 76, and 62/76 have weekday service every 40 to 60 minutes, Saturday service every 70 minutes, and no Sunday service; and WHEREAS, the Town of Lexington was the first in the Commonwealth, pursuant to the Multi- Family Zoning Requirement for MBTA Communities (Section 3A of M.G.L. c. 40A), to successfully amend zoning regulations to increase the number of transit-friendly residential units; and WHEREAS, the Town of Lexington has been recognized for its recent zoning amendments; and WHEREAS, the Town of Lexington relies on MBTA service as a crucial public transportation resource; and WHEREAS,the Town of Lexington is not unique in being adversely impacted by MBTA service cuts and disruptions; and WHEREAS, the MBTA plays a pivotal role in achieving town and state sustainability goals; NOW, THEREFORE, BE IT RESOLVED, that the Town Meeting of Lexington, Massachusetts, calls upon the Governor and General Court to take immediate and decisive action to address the issues plaguing MBTA services in our community and across the Commonwealth; and BE IT FURTHER RESOLVED, that the Town Meeting urges the Commonwealth to allocate sufficient funding and resources to enhance the infrastructure, maintenance, and overall reliability of MBTA services in Lexington and across the Commonwealth's 173 MBTA communities; and BE IT FURTHER RESOLVED, that the Town Meeting encourages the General Court to collaborate with local stakeholders,including residents,businesses,and the MBTA,to develop and implement effective solutions to improve public transportation services; and BE IT FURTHER RESOLVED, that the Town of Lexington requests services to provide frequent, reliable service along Massachusetts Avenue with convenient connections to the Red Line through enhanced service by expanding hours, frequency, and coverage of existing routes; and BE IT FURTHER RESOLVED,that the Town of Lexington requests MBTA service be improved within the timeframe by which resident occupancy of new construction permitted by the zoning overlay districts adopted in accordance with the Multi-Family Zoning Requirement for MBTA Communities is anticipated so that the residents can depend on MBTA service. A copy of this resolution shall be sent to the Governor, the Lieutenant Governor, members of the General Court representing the Town of Lexington, the MBTA Board of Directors, the MBTA General Manager, and the Secretary of Transportation. Kunal Botla presented information on the Article. Recommendations: Ms. Hai stated that the Select Board unanimously supported the Article. Mr. Schanbacher, Planning Board Chair, stated that the Planning Board unanimously supported the Article. Bridger McGaw, Vice Chair of the Economic Development Advisory Committee, noted that the EDAC voted in support of the Article unanimously 6-0. 9:40 p.m. The Moderator opened voting on the Article. Following remote electronic vote tallying, the Moderator declared that: Motion to Approve Article 41 —Massachusetts Bay Transportation Authority Adopted by a vote of: Yes No Abstain 169 1 1 MOTION CARRIES 9:42 p.m. The Moderator asked for a procedural motion to take up Articles 18, 19, and 23. Mr. Pato moved to take up Articles 18, 19, and 23. Motion approved by unanimous voice vote. ARTICLE 18 RESCIND PRIOR BORROWING AUTHORIZATIONS MOTION: Ms. Hai moves that the unused borrowing authorities as set forth below be and are hereby rescinded: Town Amount to be Meeting Article Project Description Rescinded Land Acquisition Bond 1999 ATM 34 (Conservation) $3,000,000 Recommendations: Ms. Hai stated that the Select Board unanimously supported the Article, and noted that the Conservation Commission had voted unanimously to rescind the authorization in 2023. Mr. Parker noted that the Appropriation Committee unanimously recommended approval of the Article. Mr. Lamb noted that the Capital Expenditures Committee unanimously recommended approval of the Article. As there were no questions, the Moderator opened voting on the Article. Following remote electronic vote tallying, the Moderator declared that: Motion to Approve Article 18—Rescind Prior Borrowing Authorizations Adopted by a vote of: Yes No Abstain 171 0 2 MOTION CARRIES UNANIMOUSLY 9:45 p.m. The Moderator asked for a procedural motion to take up Article 19. Mr. Pato moved to take up Article 19. Motion approved by unanimous voice vote. ARTICLE 19 ESTABLISH,AMEND,DISSOLVE AND APPROPRIATE TO AND FROM SPECIFIED STABILIZATION FUNDS MOTION: a) Ms. Barry moves that$4,036,373 be appropriated into the Capital Stabilization Fund, and to meet this appropriation, $4,036,373 be appropriated from the tax levy. Recommendations: Ms. Barry stated that the Select Board unanimously supported passage of the Article. Mr. Levine noted that the Appropriation Committee unanimously recommended approval of the Article. Mr. Lamb noted that the Capital Expenditures Committee unanimously recommended approval of the Article. Ms. Cuthbertson noted that with a vote of 5-0, the School Committee unanimously supported approval of the Article. The Moderator noted that as this amount was being appropriated into the Stabilization Fund, it would be a simple majority vote and opened voting on the Article. 9:49 p.m. Mr. Lamb noted that text on the screen still showed a required 2/3 vote. The Moderator thanked him and reminded the Members that it was only a simple majority required. Following remote electronic vote tallying, the Moderator declared that: Motion to Approve Article 19—Establish,Amend, Dissolve and Appropriate to and from Specified Stabilization Funds Adopted by a vote of: Yes No Abstain 172 0 2 MOTION CARRIES UNANIMOUSLY 9:49 p.m. The Moderator opened the Meeting under Article 23 ARTICLE 23 APPROPRIATE OPIOID SETTLEMENT MOTION: Mr. Sandeen moves that pursuant to Chapter 77 of the Acts of 2023, Section 9, the Town establish an Opioid Mitigation Special Revenue Fund, for the purpose of supplementing and strengthening resources available to Lexington communities and families for substance use disorder prevention, harm reduction, treatment, and recovery; and that unexpended funds previously appropriated for this purpose by Town Meeting be transferred to the Opioid Mitigation Special Revenue Fund, and that all future payments allocated by the Commonwealth to the Town of Lexington from Statewide Opioid Settlements between the Massachusetts Attorney General and certain non-bankrupt opioid industry participants be deposited to the Opioid Mitigation Special Revenue Fund, to be spent, without further appropriation, under the direction of the Town Manager and with input from local stakeholders including people with lived experience of the opioid epidemic. Recommendations: Mr. Sandeen stated that the Select Board was unanimously in support of the Article. Mr. Bartenstein stated that the Appropriations Committee unanimously recommended approval of the Article. 9:54 p.m. The Moderator opened voting on the Article. Following remote electronic vote tallying, the Moderator declared that: Motion to Approve Article 23 —Appropriate Opioid Settlement Adopted by a vote of: Yes No Abstain 170 0 2 MOTION CARRIES UNANIMOUSLY 9:56 p.m. Dawn McKenna, raised a Point of Order to ask whether Article 38 had been intentionally removed from the schedule. The Moderator confirmed that it was. 9:56 p.m. The Moderator requested a Motion to Adjourn. Joe Pato, Select Board Chair, Motioned to Adjourn the Annual Town Meeting to 7:30 p.m. on Wednesday, April 3, 2024, such meeting to be held at the Margery Milne Battin Hall, Cary Memorial Building, 1605 Massachusetts Avenue and by means of remote participation. The Moderator declared that Motion was adopted by unanimous voice vote and the Meeting adjourned. April 3, 2024 Adiourned Session of the 2024 Annual Town Meeting Moderator Deborah Brown called the fifth session of 2024 Annual Town Meeting to order at 7:31 p.m. on Wednesday, April 3, 2024, at the Margery Milne Battin Hall in the Cary Memorial Building, 1605 Massachusetts Avenue and by means of remote participation, a quorum in excess of 100 members was present(146). The Moderator opened voting attendance in the Portal. The Moderator gave notice of quorum at 7:33 p.m. and stated that she would leave the Portal open while more Members came into the Hall. The Moderator said that they would now hold a Memorial for David Williams. David Williams passed away on March 1, 2024 at the age of 82 in his beloved town of Lexington, surrounded by his family. David was born in Boston in 1941, the eldest son of six children of Edward and Virginia Williams. At the age of 14, the family moved to Hingham where David attended high school. He then traveled to Ohio for college, where he met the love of his life, Linda, and after college, they made Lexington their home. In 1968, at the age of 27, David was appointed to the Lexington Conservation Commission, and that marked the beginning of a staggering 55 years of service to Lexington, in a multitude of capacities that included the Conservation Commission (1968-1988), Planning Board (1989-1993), Zoning Board of Appeals, Lexington Scholarship Committee, the Dana Home Board and Foundation Board, the Lexington Center Committee, the Met State Task Force Committee, the Lexington Field and Garden Club (with David's gardens in May being noted as legendary), the Lincoln Park Subcommittee of the Recreation Committee. He was instrumental in establishing the Fitness Path. He was also involved in the Land Acquisition Subcommittee of the Conservation Commission. David was credited with almost single-handedly enabling the Town's acquisition of some very important parcels of conservation land, in particular, Chiesa Farm and the Waltham Street Farm. Serving on the Trustees of Public Trusts, where he served from 1991 up until his passing, David was a visionary, seeking ways to appropriately use trust funds previously given to the Town and to establish new gifts and trusts that allowed citizens to contribute land or funds to benefit Lexington's residents now and far into the future. The Moderator noted that he was also a Town Meeting Member for 50 years and that this was not the complete list. The Moderator stated that she had no idea of any of this when she first met him in 1997. She had joined a group of neighbors and abutters of Hennessey Field who were interested in seeking conservation status for the property. She noted that most of them were new to town government and had a lot to learn and there were many seasoned town government veterans who were eager to educate them, but David stood out for three things: 1) his extraordinary knowledge of every inch of conservation and open space land in Town; 2) his complete enthusiasm for Hennessey Field—he could wax poetic about it's many appealing features, noticing things that they, even though they walked it every day, hadn't noticed; and 3)the very gentle and deft way he provided support, recommending resources, pointing to other potential advocates, but mostly acting as a quiet cheerleader in the background, applauding the fledgling volunteer efforts and encouraging them throughout the process. So unassuming was David that it was only on learning that same year, in 1997, that David had received the White Tricon Hat Award, that the Moderator began to understand how embedded he was in the entire fabric of the Town and how numerous his contributions were. Joyce Williams, a long-time Conservation Commission Member, said of David, in support of his nomination to the Tricorn Hat Award, "there are few who have given more time, energy and thought to solving community problems and improving the quality of life in Lexington. He has been inspiration in motiving others to become involved in and contribute to a variety of causes, all of which benefit the people of Lexington, thus assuring that Lexington continues to be a very special Town. But in addition to his noted civic activities, he has quietly given support to those in need,providing encouragement, a shoulder to cry on, counseling, or just listening". That empathy surely drew, in part, from David's experience during a serious battle with cancer in his early 30s. Those around him at that time describe that even while suffering from the effects of chemotherapy, he continued to attend meetings, never giving excuses,just dealing with the tasks at hand, still displaying humor and an upbeat attitude. As his family said, he lived his life with the motto "Live for the Moment" never taking one day for granted. The Moderator noted that some might remember Alice Hinkle, who wrote for the Minuteman newspaper when it was a source of local news, who wrote an apt description of David's legacy, also in 1997, a legacy he quietly continued to build until the very end of his life. She said, "David Williams has been dreaming huge dreams for Lexington and despite obstacles that would be daunting for most of us, he has worked tirelessly to make those dreams living, breathing parts of this community forever. His courage and generous sharing of skills and time have changed the face of this Town for the better and enhanced the lives of all its residents." The Moderator extended deepest sympathies to David's wife of 59 years, Linda, to his daughter Kim and her husband Eric, his son Todd and wife Nancy, and son Trevor and wife Sharon along with 7 grandchildren, his sisters and brother, and their families and asked for a Moment of Silence in his honor. 7:39 p.m. The Moderator called a brief Recess so the Select Board could make special Presentation. Joe Pato, Select Board Chair, asked Kim and Trevor to come forward, and presented them an American flag, which flew over the Lexington Battle Green, the birthplace of American Liberty, and the site of America's oldest war memorial where the Lexington Minuteman Militia confronted the British Army on April 19, 1775 in the opening shots of the American Revolution. The flag was flown on March 8th, 2024 in honor and memory of their father, David G. Williams, for his many years of service and dedication to the Town of Lexington. The Moderator said they would stay in Recess for a Presentation from the Town Meeting Member Association. 7:41 p.m. Bridger McGaw, Chair of the Town Meeting Member Association, noted that he would be honoring Members who had served for 30 years and noted that doing anything for 30 years takes commitment, grit, focus and sacrifices but volunteering to contribute to the Town, their community, and to serve as a Town Meeting Member also took a lot of heart. He then thanked all of the following Members for their public service: Marian Cohen, Thomas Fenn, Dawn McKenna, and Irene Dondley. 7:45 p.m. The Moderator called the Meeting back to order and under Article 10i. ARTICLE 10 APPROPRIATE FOR THE FY2025 COMMUNITY PRESERVATION COMMITTEE OPERATING BUDGET AND CPA PROJECTS MOTION: i) Ms. Fenollosa moves that $3,200,000 be appropriated to fund the Affordable Housing Trust, and to meet this appropriation $1,280,000 be appropriated from the Community Housing Reserve of the Community Preservation Fund,and$1,920,000 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund; Elaine Tung, Chair of the Affordable Housing Trust,presented information on the Article. Recommendations: Ms. Fenollosa stated that the Community Preservation Committee was unanimously in support of the Article. Mr. Sandeen said that the Select Board was unanimously in support of the Article. Mr. Lamb stated that the Capital Expenditure Committee was unanimously in support of the Article. Mr. Michelson said that the Appropriations Committee had voted 8-0 to recommend approval of the Article Ms. Buckley stated that the Commission on Disability was unanimously in support of the Article. 7:57 p.m. Members discussed the Article. 8:07 p.m. The Moderator opened voting on the Article. Following remote electronic vote tallying, the Moderator declared that: Motion to Approve Article 10i—Affordable Housing Trust Adopted by a vote of: Yes No Abstain 175 0 3 MOTION CARRIES UNANIMOUSLY 8:14 p.m. The Moderator asked for a procedural motion to take up Article 33. Mr. Sandeen moved to take up Article 33. Motion approved by unanimous voice vote. ARTICLE 33 AUTHORIZE THE SELECT BOARD TO SEEK AFFORDABLE HOUSING MOTION: Mr. Sandeen moves thatthe Select Board be authorized to sell, lease, or otherwise dispose of Town-owned land described as parcel 68-44, located on Lowell Street near the northeast corner of North Street and Lowell Street, for the purposes of developing 100% affordable housing thereon on conditions acceptable to the Select Board, and to authorize the Select Board or its designee to enter into such agreements as are necessary for such purposes including a land disposition agreement or a lease not to exceed 99 years in length. Elaine Tung, Chair of the Affordable Housing Trust presented information on the Article and noted that the Conservation Commission and Recreation Committee both expressed unanimous support for the Article. 8:32 p.m. Recommendations: David Kanter, raised a Point of Order and asked what had changed in the Motion since earlier editions. Mr. Sandeen noted that the change from original motion, for the purposes of developing 100%, which the original just stated "affordable housing". He then noted the desired design criteria for the facility and that the Select Board was unanimous in support of the Article. Mr. Lamb stated that a supermajority of the Capital Expenditure Committee had decided in this instance that yielding to the Select Board works in this situation with a vote of 5-1 in favor of the Article. Mr. Parker noted that they had included Article 33 in their Report to Town Meeting but had not made a recommendation for or against the Motion as this was in their Committee's practice regarding major zoning and housing-related articles, and although the Article did not request an appropriation, there were financial aspects to consider that would impact the future. Mr. Peters noted that the Planning Board had unanimously voted on March 13, 2024 in support of the Article. Ms. Manz said that the Housing Partnership Board was unanimously in support of the Article. Ms. Buckley said that the Commission on Disability was excited about the Article and would like to see in the RFP that the contractor would use universal design and that a contractor who would give more than 5%might be given priority which would help housing and disability standards. The Commission had voted unanimously in support of the Article. Ms. Moyer stated that the Tree Committee was in strong support of Article 33. 8:50 p.m. Members discussed and debated the Article. 9:02 p.m. John Bartenstein, Pct. 1, noted that he was in support of the project, but asked whether the intent was that this Housing be affordable in perpetuity. Mina Makarious, Town Counsel, stated that it was. 9:40 p.m. Steven Kaufman, Pct. 5, moved the question. Following remote electronic vote tallying, the Moderator declared that: Motion to Terminate Debate Adopted by a vote of: Yes No Abstain 102 60 14 MOTION CARRIES 9:42 p.m. Ms. Thom offered final comments on the Article. 9:42 p.m. The Moderator opened voting on the Article. She noted that a 2/3 vote was required, for disposition of property. Motion to Approve Article 33 —Authorize the Select Board to Seek Affordable Housing Adopted by a vote of: Yes No Abstain 171 5 5 MOTION CARRIES WITH MORE THAN NECESSARY 2/3RDS 9:45 p.m. The Moderator called the Meeting open under Article 2. ARTICLE 2 ELECTION OF DEPUTY MODERATOR AND REPORTS OF TOWN BOARDS, OFFICERS AND COMMITTEES j. Reports of the Planning Board MOTION: Mr. Peters moves that the reports of the Planning Board be received and placed on file. Mr. Schanbacher presented information on the Planning Board reports. MOTION: Mr. Peters moves that the reports of the Planning Board be received and placed on file. 9:46 p.m. The Moderator noted that unless there were objections, she would consider this a voice vote. As there were no objections the motion carries unanimously. Mr. Schanbacher presented information on the Article. The Moderator noted that there would now be a motion to receive and place on file the individual zoning article reports. MOTION: Mr. Peters moves that the individual reports for zoning articles 47, 48, 49, 50, 51, and 52 be received and placed on file. As there were no objections the motion carries unanimously. The Moderator noted that each article would be taken up separately, then turned the gavel over to Deputy Town Moderator Tom Diaz to take up the next portion of the Meeting. 9:49 p.m. Moderator Diaz asked for a procedural motion to take up Article 52. Ms. Barry moved to take up Article 52. As there were no objections the motion carries unanimously. ARTICLE 52 AMEND ZONING BYLAW—TECHNICAL CORRECTIONS MOTION: Mr. Peters moves that the Zoning Bylaw, Chapter 135 of the Code of the Town of Lexington,be amended as follows, where sf.., ek t4-et text is to be removed and underlined text is to be added: 1. In §135-10.0, amend definitions as follows: DEPARTMENT OF 1401JSP�G AND COMMUNITY DEVELOPMENT (DHC;D) INCLUSIONARY DWELLING UNIT A dwelling unit, the sale, lease, or rental of which is permanently restricted with limits on the household income of occupants, sale price, and rent through a deed rider or other restriction acceptable to the Town in conformance to the Lexington Moderate Unit Income Guidelines or as regulated as a Local Action Unit under the P14C;D EOHLC Local Initiative Program. 2. In §135-10.0, add definition as follows: EXECUTIVE OFFICE OF HOUSING AND LIVABLE COMMUNITIES (EOHLC) The Massachusetts Executive Office of Housing and Livable Communities. 3. Amend §135-6.12.6 as follows: 3. Subsidized housing inventory. At least 10% of the dwelling units in an OSRD shall be eligible for inclusion on the P14C;D EOHLC Subsidized Housing Inventory. 4. Amend §135-7.5.3 as follows: Procedures and Regulations. Development under this section requires Site Plan Review by the Planning Board under § 9.5. The Planning Board shall adopt regulations to facilitate site layout, building design, and outdoor amenity spaces. All site plan review standards applicable to developments under this section shall be consistent with the purposes of this section and P14C;D EOHLC's current Compliance Guidelines for Multi-family Zoning Districts Under Section 3A of the Zoning Act as amended. 5. Amend §135-7.5.12 as follows: 1. In any development containing eight(8) or more dwelling units, at least 15% of the dwelling units shall be Inclusionary Dwelling Units with household income limited to 80% of the Area Median Income and eligible for inclusion on the EOHLC's Subsidized Housing Inventory. Where a fraction of a dwelling unit is required for this calculation,-Meunt of required dwelling units shall be rounded down. If P14C;D EOHLC determines in writing that the Town has not shown this 15%requirement to be feasible, at least 10% of the dwelling units in any development containing ten (10) or more units shall be Inclusionary Dwelling Units with household income limited to 80% of the Area Median Income and eligible for inclusion on the Subsidized Housing Inventory. 5. The Planning Board, in consultation with the Select Board, the Housing Partnership Board, and the Commission on Disability, may adopt regulations consistent with P14C;D EOHLC's Compliance Guidelines and this section to facilitate equitable size,physical characteristics, location, and access to services for the inclusionary units and the form of required legal restrictions. 6. Amend §135-7.5.14 as follows: Conditions. The Planning Board may impose reasonable terms and conditions, consistent with the parameters established by EOHLC's Compliance Guidelines, to promote these objectives and serve the purposes of this section. Approval may reasonably regulate matters such as vehicular access and circulation on site, architectural design of a building, site design, and screening for adjacent properties. The Board may require a performance guarantee to ensure compliance with these conditions. Recommendations: Ms. Barry noted that the Select Board was unanimously in support of the Article. 9:50 p.m. The Moderator noted that as there were no questions, he would open voting. He also noted that a 2/3 vote was required for zoning. Following remote electronic vote tallying, the Moderator declared that: Motion to Approve Article 52 —Amend Zoning Bylaw and Map—Technical Corrections Adopted by a vote of: Yes No Abstain 158 0 2 MOTION CARRIES UNANIMOUSLY WITH MORE THAN NECESSARY 2/3RDS (Approved by the Attorney General's Office July 25, 2024,posted July 30, 2024) 9;52 p.m. The Moderator asked for a procedural motion to take up Article 50. Mr. Pato moved to take up Article 50. As there were no objections the motion carries unanimously. ARTICLE 50 AMEND ZONING BYLAW—INCLUSIONARY HOUSING FOR VILLAGE AND MULTI-FAMILY OVERLAY DISTRICTS MOTION: Mr. Peters moves that the Zoning Bylaw, Chapter 135 of the Code of the Town of Lexington,be amended as follows, where sf.., ek t4-et text is to be removed and underlined text is to be added: 1. Amend §135-7.5.12.1 as follows: 7.5.12 Inclusionary Housing. 1. In any development containing e )between ten (10) and thirteen (13) dwelling units, 10% of the dwelling units shall be Inclusionary Dwelling Units with a household income limited to 80% of the Area Median Income and eligible for inclusion on the EOHLC Subsidized Housing Inventory. In any development containing fourteen (14) or more dwelling units, at least 15% of the dwelling units shall be Inclusionary Dwelling Units with household income limited to 80% of the Area Median Income and eligible for inclusion on the T'TXTEOHLC's Subsidized Housing Inventory. Where a fraction of a dwelling unit is required for this calculation, the amount of required dwelling units shall be rounded down. If D14C;D EOHLC determines in writing that the Town has not shown this 15%requirement to be feasible, at least 10% of the dwelling units in any development containing ten (10) or more units shall be Inclusionary Dwelling Units with household income limited to 80% of the Area Median Income and eligible for inclusion on the Subsidized Housing Inventory. Recommendations: Ms. Hai noted that the Select Board had voted 4 in favor and 1 awaiting discussion. 9:59 p.m. David Kanter, raised a Point of Order asking if someone had asked the final position of the Select Board. The Moderator noted that it hadn't yet been decided.. 10:09 P.M. Betsey Weiss, Pct. 2, asked for the final position of the Select Board now that debate was over. Doug Lucente stated that he had been the person waiting and that this was step backwards and this was an opportunity to push back against in State and would vote "no" on the Article. Following remote electronic vote tallying, the Moderator declared that: Motion to Approve Article 50—Amend Zoning Bylaw and Map—Inclusionary Housing for Village and Multi-Family Overlay Districts Adopted by a vote of: Yes No Abstain 143 12 11 MOTION CARRIES AND ALSO BY 2/3 IF REQUIRED Mina Makarious, Town Counsel, noted for the record that the vote required a majority, but as Lexington was the first Town to vote for the initiative, and also the first to amend it, it also passed by 2/3 if required by the Attorney General. (Approved by the Attorney General's Office July 25, 2024,posted July 30, 2024) 10:13 p.m. The Moderator asked for a procedural motion to take up Article 51. Mr. Pato moved to take up Article 51. As there were no objections the motion carries unanimously. ARTICLE 51 AMEND ZONING BYLAW—MAXIMUM HEIGHT FOR VILLAGE OVERLAY DISTRICT MOTION: Mr. Peters moves that the Zoning Bylaw, Chapter 135 of the Code of the Town of Lexington, be amended as follows, where ^t.., ek ti.,-et text is to be removed and underlined text is to be added, and further that non-substantive changes to the numbering of this bylaw to comply with the numbering format: 1. Amend § 135-7.5.5.10.a as follows: a. *In the VO District, when the underlying zoning district is a Commercial District, the maximum height is 60 feet when where at least 30% of the total gross floor area of*tee 0 tis0^ Semiquincentennial Commission - Lex250 Meeting Agendam^xifn ,,,, height is tin feet i f ti e ide tial tises -11 a in t e, ,,.ao,-1.,4g dist iet 52 foot if t e„ side tial tises aFe of peFfnit4ed i t e t, deFlying distri,t the street floor level or buildings' footprint, whichever is greater, of the entire development is occupied by commercial principal uses,not including associated parking, shown in Table 1 §3.4 Permitted Uses and Development Standards as permitted in the underlying district in the following categories: Commercial Office Uses Personal,Business, or General Services Uses Sales or Rental of Goods and Equipment Eating and Drinking Commercial, Recreational, Amusements, Entertainment, b. *In the VO District, when the underlying district is a Residential District, the maximum height is 52 feet when at least 30% of the gross floor area of the street floor level or buildings' footprint,whichever is greater, of the entire development is occupied by non- residential principal uses pursuant to § 7.5.4.4. 2. Amend the subsequent subsection as follows: § 135-7.5.5.10.b to be § 135-7.5.5.10.b-c Mr. Peters presented information on the Article and noted that the Planning Board recommended the Article by a vote of 5-0. Recommendations: Ms. Hai stated that the Select Board unanimously supported the Article. 10:18 P.M. Members discussed the Article. 10:41 p.m. Ms. Bhatt raised a Point of Order, but then noted that she had heard the vote requirement and did not need assistance. 10:42 p.m. Mr. Heinrich, Pct. 3 raised a Point of Order asked why a 2/3 vote was required. Mr. Makarious noted that the Article, as described, tightened up zoning and therefore didn't qualify for the simple majority which was afforded to Articles that are relevant to housing. He further noted that the prior Article was requested, unlike this one, from the State in what they felt was necessary to comply with Affordable Housing requirements, and there fit under the MBTA zoning, based on input from the Attorney General that morning. Following remote electronic vote tallying, the Moderator declared that: Motion to Approve Article 51 —Amend Zoning Bylaw and Map—Maximum Height for Village Overlay District Adopted by a vote of: Yes No Abstain 153 1 5 MOTION CARRIES WITH MORE THAN NECESSARY 2/3RDS (Approved by the Attorney General's Office July 25, 2024,posted July 30, 2024) 10:44 p.m. The Moderator requested a Motion to Adjourn. Joe Pato, Select Board Chair, Motioned to Adjourn the Annual Town Meeting to 7:30 p.m. on Monday, April 8, 2024, such meeting to be held at the Margery Milne Battin Hall, Cary Memorial Building, 1605 Massachusetts Avenue and by means of remote participation. The Moderator declared that Motion was adopted by unanimous voice vote and the Meeting adjourned. April 8, 2024 Adiourned Session of the 2024 Annual Town Meeting Moderator Deborah Brown called the sixth session of 2024 Annual Town Meeting to order at 7:32 p.m. on Monday, April 8, at the Margery Milne Battin Hall in the Cary Memorial Building, 1605 Massachusetts Avenue and by means of remote participation, a quorum in excess of 100 members was present(124). The Moderator reminded Members participating remotely to mute themselves while on the Portal. She then explained seating and parliamentary procedure for the evening. The Moderator gave notice of quorum at 7:36 p.m. and stated that she would leave the Portal open while more Members came into the Hall. 7:38 p.m. The Moderator asked for a procedural motion to take up Articles 47, 48, and 49. Mr. Pato moved to take up Articles 47, 48, and 49. Motion approved by unanimous voice vote. ARTICLE 47 AMEND ZONING BYLAW—SIGNS MOTION: Mr. Peters moves that the Zoning Bylaw, Chapter 135 of the Code of the Town of Lexington,be amended as follows, where sk d4r-etigh text is to be removed and underlined text is to be added: 1. Amend § 135-5.2 as follows: 5.2.1 Purpose. This section is intended to: Allow for effective communication through signage by regulating and restricting size,ize, location, lighting and placement of signs in order to protect and enhance the visual environment and discourage excessive visual competition; +reserve and enhance h;o±* r;na' ,,,,,bief ee n-' Maintain public safety; and €+eedem of speeeh-. Preserve constitutional requirements protecting freedom of speech. 5.2.2 Applicability. All outdoor signs and window signs are subject to the regulations of this section unless specifically excluded herein. 5.2.3 Exemptions. The following signs are not subject to this section: 4- Any sign owned and installed by a governmental agency, located on property owned by a governmental agency, or required by any law, governmental order, or regulation.; -- Flags., - Integral decorative or architectural features of buildings, except letters,trademarks, moving parts or moving lights.; -_ 4- Signs mounted on registered motor vehicles or carried by hand.; -_ Removable signs on the inside of windows or transparent doors; and 6- Suns directing traffic flow. 5.2.4 General Regulations. 4- Illumination. No sign shall be illuminated between the hours of 11:00 p.m. and 6:00 a.m., except signs on premises open for business, and t4en ,my"e isstianee of^ speeial pe mit by t4e SPGi Exterior illumination of signs shall be shielded and full cutoff, directed downward solely at the sign, comply with § 5.4.4, and be steady and stationary. No internal illumination of a sign is permitted except upon issuance of a special permit by the SPGA. The illumination of any sign shall not exceed 150 foot-lamberts. '' Gins earnet interfere„ iti. t-Traffic. No sign, including window displays, or its illuminators shall by reason of its location, shape, size, or color obstruct a sidewalk, interfere with pedestrian or vehicular traffic, or be confused with or obstruct the view or the effectiveness of any official traffic sign, traffic signal, or traffic marking. No red or green lights shall be used on any sign if, in the opinion of the Building Commissioner with the advice of the Chief of Police, such lights would create a driving hazard. Construction. No sign shall be painted or posted directly on the exterior surface of any wall. All exterior, attached signs, except awning signs, shall be painted,posted or otherwise securely affixed to a substantial intermediary removable surface and such surface shall be securely affixed to the wall of the building. The foregoing, however, shall not prevent installation of a sign which uses b-y individual letters or devices cut into or securely affixed to the exterior wall of a building, provided that such letters or devices have a minimum depth of projection of 1/4 of an inch. T4+e 4- Maintenance. Every sign shall be maintained in good condition. If a sign shows corrosion or deteriorated paint over 25% of the area of one side of the sign, or if damage to the sign causes the loss of 10% of its substance, or if the sign suffers damage or deterioration, which creates a risk of harm to the person or property of another, it shall be repaired or removed. c Removal „ft To,,,. Signs th t ,,dyet4iseor- „thef ; ,-elate to „ pat4ietila btisi„oss and ni T2opv 11Z72'pre than sev ha2slV lldays, after-the eeneltisionfCf the IV llt . �f 5.2.5 Prohibited Signs. The following types of signs are prohibited: 4- Signs that incorporate in any manner flashing, moving, digital animation, video media display, or intermittent illumination ':, excluding public traffic control SeR,iee signs; Showing t_ne 2. Stt4ng lights tised in eenneetion with eemmer-eial premises with the e*eeptie tows,,,- lighting for-holiday ,aeee- t;,,,, 42. Signs erected in a way that so as to obstructs any path of egress in or on a building.; -_ 43. Permanent banner suns, and Billboards, off-premises signs, and other non-accessory signs. 5.2.6 residential distt4ets The following ssesrer- i �e�en�tted Real estate sigH. C)*e sig* aEk,et4isi*g�he sale of fe*tal of�he pfemises off Whieh it is leeft+ed, feet in any accrrrrcirsi on, oft s4divisions of!and as l n rr-§ Qirr=, { 2A th stieh sign shall face t e safne st eet 5. Yafd of gafage sale sigH. C)*e sig* aEk,et4isi*g a yafd of gafage sale e*�he premises e*Wil}i� is 1.,..4e ide tb 4 . .,,-.a sale p it has been "Iy obtained. � N o telephe*e o 0 tl.o , whet4efof o , rcD csidercrcirct pist,- et., aiacrizcr. 5.2.6 , Residential StgnS. A-;-zwcrisircrbe^cut-ten-vrzz^vees;rv^iy Residential Accessory signs for residential uses that comply with the following provisions are permitted: 1. No one permanent residential sign ;r a Fesi; 7e ti l dist ie4 shall exceed€etff 30 square feet in area. No part of any permanent standing sign shall exceed€eiff five 5 feet in height. 2. No more than two L2)permanent standing signs shall be located on a residential property at one time. 3. No part of any standing sign over four(4) square feet in sign area shall be located within 40 five feet of the edge of the pavement of any street, ebstf+tet _ .,],7,,w.,lLor- ,.t>,,,...:isee _-fct;° hazard to pedest,-ia „ ehie,,1,,,-tFa ffi, 3. No sign attached to a building shall be located on, or project above, the roof of the building. 4. Temporary standing signs shall not exceed four (4) square feet in sign area per sign. 5.2.7,9 Ge ei l Pict iet„ Nonresidential signs. The provisions of this section shall apply to signs4i} eemmefeial dist+iets for commercial, industrial, and institutional uses. ea 1. Wall signs. Principal wall signs are permitted on t4e fFe* each facade of the an establishment to which 4 they relates which faces a street, municipal parking lot, the Minuteman Bikeway, or other trail or path available for public use which abuts theroomy first floor of„ btiil, ing shall not eee t4r-ee feet. The total sign area for each establishment on the first floor shall not exceed one (1) square foot for each linear foot of the facade for which the sign is attached, not to exceed 100 square feet per sign. The total sign area for each establishment above the first floor shall not exceed nine (9) square feet. b. A s Secondary wall signs may be installed marking a direct entrances Wig lot or anet4er- or parkin_ areas.reas. There shall be not more than two (2) such secondary wall signs per entrance. Said signs shall have a width an area no greater than six (6) square feet for each sign. 50.4 of f4e C_ No wall sign shall be more than�Lr-ee-(3)five t5j feet in overall height. c.-d. hi btiildings where t4e f4r-st story is s4stantially above gr-ade and t4e basement is enly pat4ially below 4ms For establishments occUying multiple stories, one sign for each sto�r�LeVe4 is allowed if eaeh sig has enly 1,12 of toe area *4_a*the total area of all signs does not exceed the area allowed for the principal sign under §5.2.7.La. wetild be pe ,mite for-a single d e. In addition to the above signs, each building with multiple occupants may have one directory sign affixed to the exterior wall, window or door of the building at each entrance. Such directory sign shall provide not more than one square foot for each occupant of the building. e f. Wall signs shall either be affixed to a wall and parallel to it or affixed to the roof above a wall and be parallel to the wall. They shall not project more than 12 inches from the face of such wall. f g. No wall sign shall project above the highest line of the main roof or parapet on the wall to which it is attached, whichever is higher. 2. Banner Signs. No banner sign shall exceed 15 square feet in area and no establishment shall have more than one banner sign at a time. 3. Awning Suns. a: In addition to wall signs, an establishment on the first floor is permitted to have an awning sign. The letters and graphics of an awning sign shall not exceed eight(8)winches in height and 36 inches in length 4. Projecting signs. rd ;tb. §5.2.10, i f it is detefmif e t i4 t o ar-ehiteettir-e of t o btfil. ing tl.o 1.,..4ie of t o btiil. ing !d in t e p4lie ;„to,-est No establishment shall leo p ,v„t e ,v, e tl.a efie mb a Net., it st,,, ding § 5.2.8.1a, ;„ t e GB Dist iet e One projecting sign per establishment per facade meeting the standards below is permitted. shall be pefmit4e by fight, pfe-,,ided it Mee stafida' set ettbelow. Pr-E�eeti..., .fg... --eedingt4ese dif o„sief s shall be stibjeet to tl, i. The sign may not exceed six(66)square feet in area(not including the area of the supporting bracket or hanger);. -_ ii. For single-story buildings, the sign shall not project above the roofline or 18 feet above ground level, whichever is lower; for multistory structures,projecting signs may not extend vertically above the window sill of the second story;. iii. The sign must clear sidewalks by at least eight f.�)feet from the bottom of the sign and may project no more than four Meet from a building or one-third the width of the sidewalk, whichever is less;. -_ iv. The sign must clear the wall by at least six (6) inches and must project from the wall at an angle of 90°. Angular projection from the corner of a building is prohibited. S.Standin.&signs. In pat4ietilar-instanees-t4, SPGA m •ts f,,, standing Tiu a ciiares� s !d in t e p4lie ;„to,-est No establishment shall leo p ,v„t e ,v, e than . standing sign Tr t e GN4 a*d GRO e*eeed50 s e foot ; area and f4ye foot in height shall leo4'ed by right. 0e let Standing signs over four(4)square feet in sign area shall be setback at least ten (10)feet from the edge of roadwaypavement, as follows: a. In the CM and CRO Districts, one permanent standing sign per lot, not to exceed 100 square feet in area and no part of the sign or support structure shall exceed six (6)feet in heir b. In the CB District, one permanent standing sign per lot, not to exceed nine (9) square feet in sign area and no part of the sign or support structure shall exceed five (5) feet in height. C. In the CN, CRS, CS, CSX, and CLO Districts, one permanent standing sign per lot, not to exceed 20 square feet in sign area and no part of the sign or support structure shall exceed five (5)feet in heir d. In residential districts, one permanent standing sign per lot, not to exceed 15 square feet in sign area and no part of the sign or support structure shall exceed five (5) feet in heir e. Up to two (2)temporary standing signs per lot,not to exceed four(4) square feet in sign area per sign. 6. Motor vehicle fuel €ice stations and garages. t gar-ages may divide the . all sign2:affi*ed to the f e t wall of the ktil. ing to whieh they . .aopaFtme is of the business ide hl-A. o 044 the total hwidths . kh � to �. o of the 0 1-In addition to other permitted signs, one wall or standing sign not exceeding 50 square feet in area and 10 feet in height_ is permitted for motor vehicle fuel or charging stations. br-a,,a .,f gasoline being s„l,ania-y t,o e eletedof sueht.,�ueh lee4ier, and in stiehninner-as . The standard type of gaselne fuel pump or charging station bearing thereon, in usual size and form, the name or type of fuel gase4ne and the price thereof shall not be deemed to be a sign within the meaning of this bylaw. 7. Construction signs. A maximum of two (2) accessory construction signs shall be permitted during construction of developments. Signage is permitted on the property undergoing construction during site work construction and for no more than 30 days after completion of construction. The total sign area of all signs shall not exceed 32 square feet and signs shall not exceed eightheight. (8) feet in hei(8) feet in heir 8. Portable signs. Portable signs are permitted one for each establishment,provided that such AOL a. are located on private property; b. are removed at the close of each business day; C. do not obstruct a walkway; d. provide at least four(4)feet of clearance for pedestrians, e. do not exceed six (6)square feet in area and a height of four(4)feet above the ground, and f. are installed so as to not blow over. 5.2.9 Btiilding Per-mit. All per-sons desir-ing to er-eet an etAdeer-sign in a eemmer-eial dist-r-ie shA 41+&4 isstie a ktilding per-mit pr-evided the pr-epes Plies with this bylaw, the Btiilding other 5.2.8 4-9 Special Permit. In pat4ietil,,,-inst,,nees t The SPGA may issue special permits for more or larger signs than are provided herein or for signs of types or for purposes not provided herein and not specifically prohibited herein, including temporary signs, if it is determined that the architecture of the building,the location of the building with reference to the street or the nature of the establishment is such that the sign should be permitted in the public interest. In granting such permission, the SPGA shall specify the size and location of the sign or-signs a-Rd In eensider-ii+g appIiea+ie*s fer-speeial permits f4-signs leea+ed on !a-Rd owned or-!eased by a r-eligietts seet or purposes, the SPGA shall not treat the applicant on terms less favorable than those applied to a 5.2.9 Site Plan Review. For projects requiring site plan review, the Planning Board may waive aM provisions of this § 5.2. 5.2.10 Pre-existing nonconforming signs._ Any sign existing at the date of the amendment of this section but which does not conform to these regulations by reason of size, location, type of construction, or illumination shall not be enlarged, relocated, or have its type of construction or illumination changed except in full compliance with this § 5.2. 2. Amend § 135-10.0 Definitions as follows: FLAG A piece of lightweightbuilding,fabric, typically oblong _g or square, attached at one edge to a rope, building, or flown from a flagpole containing colors,patterns, symbols, and may contain words. SIGN Any display device, including but not limited to a board,placard,poster, 4agor banner,which advertises or communicates information to persons not on the premises on which it is located. SIGN,AWNING A sign consisting of letters or graphics affixed to an awning or canopy that extends over a walkways, courtyard, drive, or other open area. SIGN, BANNER A sign constructed of a long strip of fabric or other similar flexible material mounted or attached to a structure. For regulatory-purposes, flags are not considered banners. SIGN COMMERCIAL A T too sign is displayed. SIGN, PERMANENT Any sign which is not a temporary sign. SIGN, PORTABLE A sign not attached to the ground or to a building or structure and which obtains some or all of its structural stability with respect to wind or other normally applied forces by means of its geometry or character. SIGN SIZE AREA The area contained entirely within a signboard or if no signboard is present, the area contained within the smallest rectangle that encloses all of the wording or graphics of a sign. The area of a flat two- faced projecting or standing sign is the area of one face. The width of a sigH is its her-i'�Offtffl dimensions even when t is is t e smaller-dif„o„-* - SIGN, STANDING Any sign that is erected on and attached to the land. If a sign support holds more than one sign, each such sign is considered a separate standing sign. SIGN, TEMPORARY Any sign which by its design or use is temporary in nature intended for a limited period of display of less than one year and is not permanently mounted. Posters, construction signs, yard sales, real estate signs, lawn signs, and banner signs_ are considered to be temporary signs. Mr. Horning presented information on the Article. Recommendations: 7:43p.m. Mr. Hornig noted that the Planning Board unanimously recommended passage of the Article. Mr. Pato stated that the Select Board had 3 members in support of the Article and 2 awaiting Town Meeting discussion. Mr. Michelson stated that the Lexington Center Committee was in support of the Article in a vote of 7-0-1. 7:47 p.m. Members discussed and debated the Article. 7:52 p.m. Margaret Coppe, Pct. 8, spoke on behalf of the Tourism Committee and noted that the Committee had voted unanimously in support of the Article. 8:01 P.M. Heather Lynn Hartshorn, Pct. 4, spoke on behalf of Chamber of Commerce and stated that the Chamber of Commerce was in support of the article 8:13 pm Mr. McGaw stated that the Economic Development Board supported the Article by a vote of 6-0. Members continued discussing the Article. The Moderator noted that all Select Board Members were now a"yes" after discussions. 8:23 pm Lawrence Chan, Pct. 4, moved the question. The Moderator opened the voting portal Following remote electronic vote tallying, the Moderator declared that: Motion to Terminate Debate Adopted by a vote of: Yes No Abstain 87 44 11 MOTION CARRIES 8:27 pm The Moderator opened voting under the Article. Following remote electronic vote tallying, the Moderator declared that: Motion to Approve Article 47— Sims Motion Adopted by a vote of: Yes No Abstain 110 25 8 MOTION CARRIES WITH MORE THAN NECESSARY 2/3RDS (Approved by the Attorney General's Office July 25, 2024,posted July 30, 2024) 8:28 pm The Moderator opened the Meeting under Article 48. ARTICLE 48 AMEND ZONING BYLAW—SHORT TERM RENTALS MOTION: Mr. Peters moves that the Zoning Bylaw, Chapter 135 of the Code of the Town of Lexington,be amended as follows, where sk d4r-etigh text is to be removed and underlined text is to be added: 1. Amend § 135-6.10 as follows: 6.10 SHORT TERM RENTALS. 6.10.1 PURPOSE. The purposes of this section are to: 1. Provide a process through which certain os. al dwelling units and bedrooms within dwelling units may be registered with the Town of Lexington for use as "short-term rentals"; 2. Provide health and safety standards for short-term rentals; and 3. Provide for the orderly operation of short-term rentals within the Town's residential neighborhoods. 6.10.2 DEFINITIONS. Operator-adjacent short-term rental: The short-term rental of a dwelling unit, that is not the pr-ifnat=y esidenee e operator's primary residence, but is located wit4in a dwelling„ i on a lot containing a total of f,,,,,- ^r f two dwelling units where one of the dwelling units i toe btfil,a:,,n is the primary residence of the operator. Operator-occupied short-term rental: The short-term rental of a dwelling unit, or of individual bedrooms within a dwelling unit,that is the primary residence of its operator. Short-term rental: Any rental of a r� 'tel dwelling unit, or of a bedroom within a dwelling unit, in exchange for payment, as residential accommodations for a duration of less than thirty (30) consecutive days, but not a bed-and-breakfast home, hotel, or motel. Short-term renter: Any person or persons occupying a dwelling unit, or a bedroom within a dwelling unit, as for a short-term rental. Short-term rental operator: The person or persons offering a dwelling unit or bedroom within a dwelling unit, for short-term rental, with the written permission of the owner, condominium association, and homeowners association where applicable. 6.10.3 REQUIREMENTS. Operator-occupied, and operator-adjacent short-term rentals are permitted as an accessory use to a permitted principal residential use, subject to the following requirements: 1. No dwelling unit, or bedroom within a dwelling unit, may be used as a short-term rental except in compliance with this bylaw. 2. The following kinds of dwelling units, and bedrooms within the following kinds of dwelling units, may not be used as short-term rentals: i. Dwelling units designated as affordable or otherwise income-restricted,which are subject to affordability covenants or are otherwise subject to housing or rental assistance under local, state, or federal programs or law; ii. Accessory Apartments as defined in Section 6.7; ftffd iii. Dwelling units on lots containing_ three hree (3) or more dwelling_ units. iv. Any dwelling unit in violation of the State Sanitary Code, 105 CMR 410.3. 3. All short-term rental operators shall register with the Building and Zoning Office prior to short-term rental use and occupancy in conformance with Section 6.10.5 below. 4. „nom nt„1 of*e more rentals, z b.imay be o me only as a whole-4 t o (1) .aft- b. � eff s .,,+ m te-- onto, 4 any e (1) tifne a* f et be nto 1 separate bed-. ems to 814-1 A short-term rental operator may make no more than one (1) dwelling unit or two (2)bedrooms available for rent by one (1)party at a time for operator occupied short-term rentals. A short-term rental operator may make no more than one (1) dwelling _unit available for operator- adjacent available for operator- adj acent short term rentals, which dwelling unit may be rented only as a whole unit to one (1)pa!U at a time. Separate bedrooms may not be rented to separate parties in operator-adjacent short term rentals. No more than two (2) adult guests per bedroom or ten (10)per dwelling, whichever is less, are permitted in a short-term rental. 5. A short-term rental shall be limited to parking of one(1)vehicle per lawful bedroom in the short-term rental and no more than 4 vehicles on a lot. 6. eek eemmeneement.,n o .,tie of eaeh sb et4 to,-,v, rental period. The log shall be a,ail roil fe mspeet46 t4e Town's T2.,.,rd of 4 "t4h and Depaftment of P41ie Safety urease of efn2r-geney.44+e ptwpese of t is ,-o 0men.o„t is to e stir-e t44 t e T.,w,, shall 1. bass identtirf`p'Hng infer-fnutien of ccii 7. 6. The short-term rental operator must ensure that the property is be current with all town taxes, water, and sewage charges. 8. 7. All short-term rental operators shall maintain liability insurance appropriate to cover the short-term rental use. 9. 8. During any period of seven (7)or more consecutive days when during which the short-term rental operator is not sleeping overnight at away fFefn the dwelling unit, an operator-occupied short- term rental may be rented only as a whole unit and rented as separate bed-,,ems to se r�to 10. 9. The number of bedrooms made available for operator-occupied short-term rentals within a dwelling unit shall not be greater than one less than the number of lawful bedrooms in the dwelling unit. 11. -10. Renting for an hourly rate, or for rental durations of less than ten (10) consecutive hours, shall not be permitted. 12. 11. Short-term rentals shall not exceed in the aggregate, one-hundred-twenty (120) consecutive or nonconsecutive e days per calendar year when the short-term rental operator is not occupying the dwelling unit during the entire term of the short-term rental. 12. Short-term rentals may not be located in the same dwelling unit as rooming units. 6.10.4 REGULATIONS. The Building Commissioner shall have the authority to promulgate regulations to carry out and enforce the provisions of this Section 6.10 "Short-Term Rentals." 6.10.5 REGISTRATION, INSPECTION AND FEES. 1. The short-term rental operator or the short-term rental operator's agent shall register with the Town, All dwelling tinits, or-bedr-eems wit4ifi a dwelling tinit, offered for-shet4 tefm r-entals register-w44 t4e Tew*, secure a Certificate of Registration according to standards set forth by the Building Commissioner, and pay all associated fees for all dwelling units, or bedrooms within a dwelling unit, offered for short-term rental. The Certificate of Registration shall require the short- term rental operator to agree to abide by the requirements of this Section 6.10. 2. The short-term rental operator must to renew its Certificate of Registration on an annual basis and eF upon change of operator or owner. 3. Prior to issuing or renewing a c—Certificate of Registration, the Building and Zoning Office shall conduct an inspection to verify that each dwelling unit, or bedroom within a dwelling unit, to be rented to short-term renters meets the requirements of this Section 6.10. 4. Units shall be annually recorded in the Short-Term Rental Registry for a fee set by the Select Board. Julie Krakauer Moore, Zoning Administrator,presented information on the Article. 8:34 p.m. Debora Strod, Pct. 6, raised a Point of Order and then served Notice of Reconsideration on Article 47. The Moderator noted that this was timely served and reminded her that she would need new information to move it forward for Reconsideration. Recommendations: Mr. Peters noted that the Planning Board supported passage of the Article by a vote of 4-0-1. Mr. Lucente stated that the Select Board was unanimous in support of passage of the Article. Members began to debate and discuss the Motion. 8:46 p.m. Steven Kaufman, Pct. 5, moved to Amend the Motion. The Moderator noted that there would be 30 minutes allowed for discussion of the Amendment. Move to amend the motion under Article 48 by adding the following Section 6.10.3.13: 6.10.3.13. A short- term rental shall not be used for large indoor or outdoor group events such as luncheons, banquets,parties, weddings, meetings, or seminars. The number of individuals permitted in or at a short-term rental at any time for gatherings shall not exceed 15 (fifteen)people. Mr. Kaufman presented information on the Amendment. Recommendations: Mr. Peters noted that the Planning Board had voted 5-0 in favor of Amendment. Mr. Sandeen stated that the Select Board was unanimously in support of the Amendment. Members began to debate and discuss the proposed Amendment. 9:18 pm The Moderator noted that 30 minutes had elapsed and closed debate on the Amendment. Mr. Kaufman offered final remarks. Following remote electronic vote tallying, the Moderator declared that: Motion to Approve Amendment to Article 48 Short Term Rentals Adopted by a vote of: Yes No Abstain 92 43 10 MOTION CARRIES 9:23 p.m. The Moderator noted that they were now back to debating the Main Motion, as Amended. 9:32 p.m. David Kanter, Pct. 7, moved the question. Following remote electronic vote tallying, the Moderator declared that: Motion to Terminate Debate Adopted by a vote of: Yes No Abstain 100 34 10 MOTION TO CLOSE DEBATE CARRIES Following remote electronic vote tallying, the Moderator declared that: Motion to Approve Article 48 Short Term Rentals as Amended Adopted by a vote of: Yes No Abstain 107 33 4 MOTION CARRIES WITH MORE THAN NECESSARY 2/3RDS (Approved by the Attorney General's Office July 25, 2024,posted July 30, 2024) 9:39 p.m. The Moderator opened the Meeting under Article 49. ARTICLE 49 AMEND ZONING BYLAW—PERMITTED USES AND DEFINITIONS MOTION: Mr. Peters moves that the Zoning Bylaw, Chapter 135 of the Code of the Town of Lexington,be amended as follows,where sk�hr-ettg4 text is to be removed and underlined text is to be added, and further that non- substantive changes to the numbering of this bylaw be permitted to comply with the numbering format of the Code of the Town of Lexington. 1. Amend definitions in § 135-10.0 as follows: RESTAURANT c ° eapae4y en site shall be ells;foe eSta,,-,,.4 An establishment whose principal business is the sale of foods or beverages for consumption on premises, including caf6s, cafeterias, or brewpubs. FAST FOOD SERALIGE An establishment pr-ifnar-ily for-self F-r-ehase of food or-bever-age at a eetinter-for-eenstifflPtion �he premises- 2. Add new definitions in § 135-10.0 as follows (new text not underlined): CRAFT BEVERAGE ESTABLISHMENT An establishment licensed to manufacture under M.G.L. Chapter 138 that produces less than 465,000 gallons (or 15,000 barrels) on-site per year for consumption on or off premises, including craft breweries and microbreweries. 3. Amend Section J of Table 1, Permitted Uses and Development Standards for Eating and Drinking Establishments, as follows: GC IRO IRS IRT JCN ICRSICS JCB ICLO JCROJCM JCSX J. EATING AND DRINKING; TRANSIENT ACCOMODATIONS J.1.0 AS A PRINCIPAL USE J.1.01 Restaurant N N N N N Y N Y NSP Y Y SP*- * SP SP @44 * 7,500 sq4 feet-ess ^vrrr-.r-o`o-ra-c ,ate J.1.03 Takeout food N N N N Y* * SP Y* N Y* Y* service * * (*Requires a special permit or service etweenthe ours of 11:00 p.m.and 7:00 P.m.) 4. Amend Section N.1.05 in Table 1 Permitted Uses and Development Standards for Manufacturing, Research and Development,Life Science,and Technology Uses,as follows: GC IRO IRS IRT JCN JCRS ICS JCB 1CLOICROICM JCSX N. MANUFACTURING, RESEARCH AND DEVELOPMENT, LIFE SCIENCE, AND TECHNOLOGY USES N.1.0 AS A PRINCIPAL USE N N N N N N N N N N Y N N.1.05 Craft N N N N SP SP SP SP SP Y Y SP evera e Establishment 5. Amend Section Q of Table 1, Permitted Uses and Development Standards for Accessory Uses for Commercial Uses as follows: GC IRO IRS IRT ICN ICRS I CS JCB 1CLOICROICM CSX Q. JACCESSORY USES FOR COMMERCIAL USES Manch 18,2024 Annual Town Meeting,continued Q.1.04. Cafeteria, SP SP SP SP Y Y Y Y Y Y Y Y fining room, conference rooms, function rooms, recreational facilities; the use shall be conducted primarily for e employees r clientele of e principal use ^ „^+ or-' ffa within tl3e e e. ,+o,, s+i,o s� S+Fe�f F4 6. Amend Section I of Table 1,Permitted Uses and Development Standards Section 1.1.03 as follows: Manch 18,2024 Annual Town Meeting,continued GC IRO S T JCN JCRS ICS JCB ICLO ICRO JCM JCSX L SALES OR RENTAL OF GOODS AND EQUIPMENT 1.1.0 AS A PRINCIPAL USE L1.03 Food,not N N N N Y Y N Y N SP SP * intended for consumption n the remises; includes rocery store, but not a take utw1- service (*Maximum 7,500 square feet gross floor area per ne establishment and SP for E.1.01 and N for E.1.02 7. Amend Section 5.1.4 in the Table of Parking Requirements as follows: Type or Use Parking Factor Eating Establishments Restaurant, fast oo and other eating 1 per 3 seats,or 1 per 150 SF,whichever is greater; establishments not otherwise classified 1 per 5 seats,or 1 per 200 SF,whichever is greater in CB 8. Amend Section 11L020 of Table 1,Permitted Uses and Development Standards as follows: GC IRO IRS IRT JCN ICRSICS JCB ICLOICROICMICSX H. PERSONAL,BUSINESS,OR GENERAL SERVICE USES 1.020 Private postal N N N N N Y Y 41Y N Y Y I Y service Sandhya Iyer,Economic Development Director,presented information on the Article. Recommendations: Mr.Peters noted that the Planning Board unanimously supported the Article Mr. Sandeen said that the Select Board unanimously supported passage of the Article. Mr.McGaw stated that the Economic Development Advisory Committee unanimously recommended passage of the article 6-0. Innessa Manning,Pct. 6, spoke on behalf of the Lexington Center Committee and noted that they had voted unanimously in favor of the Article. 9:50 pm The Moderator opened voting on the Article. Motion to Approve Article 49 Permitted Uses and Definitions Adopted by a vote of: Manch 18,2024 Annual Town Meeting,continued Yes No Abstain 143 1 2 MOTION CARRIES WITH MORE THAN NECESSARY 2/3RDS (Approved by the Attorney General's Office July 25,2024,posted July 30,2024) 9:52p.m. The Moderator opened the Meeting under Article 21. ARTICLE 21 AMEND FY2024 OPERATING,ENTERPRISE AND CPA BUDGETS MOTION: Ms.Barry moves that this article be indefinitely postponed. Following remote electronic vote tallying,the Moderator declared that: Motion to Approve Article 21—Amend FY2024 Operating,Enterprise and CPA Budgets(IP) Adopted by a vote of: Yes No Abstain 141 0 1 MOTION CARRIES 9:54p.m. The Moderator asked for a procedural motion to take up Article 46. Ms.Barry moved to take up Article 46. Motion approved by unanimous voice vote. ARTICLE 46 ROYAL FAMILY INVITATION TO 250TH CELEBRATION MOTION:Mr.Lucente moves that this article will be indefinitely postponed 9:55 p.m. Mr.Lucente presented information on the Article and a statement that the Select Board unanimously supported the Article. Following remote electronic vote tallying,the Moderator declared that: Motion to Approve Article 46—Royal Family Invitation to 250'Celebration(IP) Yes No Abstain 133 3 4 MOTION CARRIES 9:57 p.m. The Moderator called the Meeting open under Article 2. ARTICLE 2 ELECTION OF DEPUTY MODERATOR AND REPORTS OF TOWN BOARDS,OFFICERS AND COMMITTEES 1.Report of School Building Committee MOTION: Ms. Cuthbertson moves that the report of the School Building Committee be received and placed on file.As there were no objections the motion carries unanimously. ARTICLE 2 ELECTION OF DEPUTY MODERATOR AND REPORTS OF TOWN BOARDS,OFFICERS AND COMMITTEES k.Report of the Recreation Committee MOTION: Mr.Boutwell moves that the report of the Recreation Committee received and placed on file.As there were no objections the motion carries unanimously 9:59 p.m. The Moderator asked for a Motion to Adjourn. Manch 18,2024 Annual Town Meeting,continued Joe Pato, Select Board Chair,Motioned to Adjourn the Annual Town Meeting to 7:30 p.m.on Wednesday,April 10,2024,such meeting to be held at the Margery Milne Baffin Hall,Cary Memorial Building, 1605 Massachusetts Avenue and by means of remote participation. The Moderator declared that Motion was adopted by unanimous voice vote and the Meeting adjourned. April 10,2024 Adiourned Session of the 2024 Annual Town Meeting Moderator Deborah Brown called the seventh session of the hybrid 2024 Annual Town Meeting to order at 7:31 p.m.on Wednesday April 10,at the Margery Milne Battin Hall in the Cary Memorial Building, 1605 Massachusetts Avenue and by means of remote participation,a quorum in excess of 100 members was present(163). The Moderator reminded Members participating remotely to mute themselves while on the Portal. She then explained seating and parliamentary procedure for the evening. The Moderator gave notice of quorum at 8:28 p.m.and stated that she would leave the Portal open while Mr.Pato gave a brief announcement regarding the School Building Project.After the Moderator noted that a quorum had been reached,she said that a Memorial for Michelle Goddard would be held. Michelle passed away on October 12,2023 after suffering complications from a head injury sustained when she fell during a run.Michelle served for 6 years in Town Meeting and had always been inspired by the legacy of her father,William Holmes,who had served in Belmont's Town government for many years. When Michelle's husband,Patrick,became a full-time employee of the Town of Lexington as Director of Facilities,a job that included nights at Town Meeting,she decided it was time to run for herself. She did the things you do when you're serious about running for Town Meeting,and in Precinct 3,that meant presenting your case at the Candidate's Night at Brookhaven and standing with your sign at Clark Middle School on election day. As luck would have it,Tom Fenn was running for re-election in Precinct 3 and holding his own sign at the same time. Tom had coached Michelle and Pat's daughter Megan in softball so Tom told everyone who passed by to not only vote for him,but for Michelle,as well,and that did not hurt her case at all.In fact,at a Select Board meeting the next day,Jean Krieger asked Pat,"How did your wife get so many votes?" Michelle was an accountant by profession and was asked to be the TMMA Treasurer. She accepted and enjoyed serving on the Executive Committee,but her favorite TMMA activity was the bus tour. She really loved seeing all the facilities and sites related to the upcoming articles. At Town Meeting she liked the camaraderie of sitting with her Precinct,and often sat next to Glenn Parker,who she enjoyed getting to know as they sat together,until he joined the Appropriation Committee and had to sit most nights,on the stage. In 2019 Michelle retired from her job as a Comptroller for Liberty Mutual where she had worked for over 33 years. Retirement gave her more time for her favorite activities,world travel,relaxing at the beach,and attending Red Sox and Patriot's games with her family. Even after she and Pat moved from Lexington and began splitting their time between Venice,Florida and Rockport,Massachusetts, she still enjoyed meeting with her Lexington book club. The Moderator extended her deepest sympathies to Michelle's husband Pat,daughter Megan,son Michael and his wife Mary,to her siblings,and her many nieces and nephews and asked for a Moment of Silence in her honor. 7:43 p.m. The Moderator asked for a procedural motion to take up Articles 34,35,36,37,and 38 in that order. Mr.Pato moved to take up Articles 34,35,36,37,and 38. Motion approved by unanimous voice vote. The Moderator opened the Meeting under Article 34 ARTICLE 34 AMEND GENERAL BYLAWS—TREE BYLAW-TREE PROTECTION PLAN MOTION: Mr.Paul moves that the Town's Tree Bylaw,Chapter 120 Sections 3A,813,and 8D of Manch 18,2024 Annual Town Meeting,continued the Code of the Town of Lexington,be amended as follows where s4idek thretfgh text is to be removed and bolded text is to be added: 1. Amend§ 120-3(A)Definitions to add the following definition: CERTIFIED ARBORIST An arborist who is certified by the International Society of Arboriculture or through the Massachusetts Certified Arborist Program of the Massachusetts Arborists Association. 2. Amend§ 120-8(B),(13)(2),and(2)Protected trees,as follows(only sections being changed are included below) (B)Procedures. When major construction or demolition is planned, the owner of the property shall submit to the Tree Warden,the Building Commissioner or designee as part of the application for a building or demolition permit a site plan drawn and stamped by a registered land surveyor, showing all existing trees on the property of six-inch DBH or greater. The owner shall also submit the tree species,if known,location,DBH for all trees on the property of six-inch DBH or greater,whether or not they are proposed to be removed,and for any trees six inches DBH or greater that are proposed to be removed, the reason for removal and alternatives to removal considered. The owner shall also submit to the Town a tree protection plan prepared by a Certified Arborist for any Protected Trees that are to be retained on the site and for any trees in the Town right of way (including public shade trees). [Amended 4-4-2007 ATM by Art. 13; 3-19-2008 ATM by Art.37; 3-27-2019 ATM by Art.34; 4- 14-2021 ATM by Art.33] (2) The Tree Warden shall conduct a site visit. If the applicant's proposal is consistent with the mitigation and tree protection requirements herein and the rules,regulations or manuals issued by the Select Board,the Tree Warden will issue a permit within 4-8 20 business days of receipt by the Tree Warden of the proposal to authorize the tree work.If the proposal does not meet or satisfy these requirements,the Tree Warden shall so notify the applicant and deny the permit. D. Trees not removed. Trees that are to be left on the site and trees in the Town right-of-way must be protected as specified in Section VIIIB in the Tree Management Manual.These protection measures shall be delineated within the Tree Protection Plan prepared by a Certified Arborist and submitted to the Town,shall be installed prior to commencement of any demolition or site work, and shall remain in place until the site is ready for final landscaping. The applicant shall submit to the Town written documentation, prepared, dated and signed by a Certified Arborist, certifying that the required tree protections identified in the Tree Protection Plan have been installed. The Tree Protection Plan (or any amendment thereto) may allow for temporary encroachment within the critical rootzone or drip-line of a Protected Tree,as necessary,provided the Tree Protection Plan specifies mitigating measures the applicant shall take, including a maintenance plan for the tree. (1) Each Protected Tree or Town Tree retained under a Tree Protection Plan shall be maintained in good health for a period of no less than twelve (12) months from the date of issuance of the Certificate of Occupancy for an associated project. Should the tree die or be removed within this twelve(12)month period,the owner of the property shall be required to provide mitigation consistent with the requirements for the removal of a Protected Tree or Town Tree as contained Manch 18,2024 Annual Town Meeting,continued in this bylaw within nine(9)months from the death or removal of the original tree. [Added 4-4-2007 ATM by Art. 13;amended 4-5-2017 ATM by Art.37] 3. Add a new § 120-8(E)(5) as follows%(5) Upon notice from the Tree Warden that work on any property on which a Protected Tree is located is being performed contrary to any applicable Tree Protection Plan or any provision of this Chapter,such work may be immediately stopped by the Tree Warden or a designee of the Tree Warden. The stop work order shall be in writing, and shall be given to the owner of the property involved,or to the owner's agent,or to the person doing the work,and shall state the conditions under which work will be permitted to resume. Recommendations: Ms.Moyer stated that the Tree Committee recommended the passage of the Article. Mr.Pato stated that the Select Board unanimously supported passage of the Article. Mr.Peters stated that the Planning Board unanimously supported passage of the Article. Mr.Hamilton noted that the Conservation Commission unanimously supported passage of the Article. Mr.Michelson stated that the Appropriation Committee's comments would cover Articles 34,35,36 and that they had chosen to comment without making a recommendation in order to inform Town Meeting about possible expenses in the future due to the need for staffing to enforce them. Ms.Arens noted that the Sustainable Lexington Committee unanimously supported passage of Articles.34,35,36 7:56 p.m. Members discussed the Article including setbacks and overlays. 8:25 p.m. David Kanter,Pct. 7,called the question. Following remote electronic vote tallying,the Moderator declared that: Motion to Terminate Debate Adopted by a vote of: Yes No Abstain 130 26 8 MOTION CARRIES No final comments were offered on the Article. 8:27 p.m. The Moderator opened voting on the Article. Following remote electronic vote tallying,the Moderator declared that: Motion to Approve Article 34 Amend General Bylaws—Tree Bylaw-Tree Protection Plan Adopted by a vote of: Yes No Abstain 146 12 4 MOTION CARRIES (Approved by the Attorney General's Office July 25,2024,posted July 30,2024) 8:28 p.m. Moderator officially stated for the record that there was a quorum when attendance was taken,and that the Black Cat Cafe was open. Manch 18,2024 Annual Town Meeting,continued 8:29 p.m. Pam Hoffman,Precinct 7,raised a Point of Order that she was unsure whether she had voted. The Moderator explained how to review votes and noted that it was too late to add hers. The Moderator opened the Meeting under Article 35 ARTICLE 35 AMEND GENERAL BYLAWS—TREE BYLAW-REQUIRE MITIGATION PLANTING IN CERTAIN INSTANCES MOTION: Mr.Paul moves that the Town's Tree Bylaw,Chapter 120 section 8C of the Code of the Town of Lexington,be amended as follows where bolded text is to be added: Amend§ 120-8 C Mitigation by adding new sections(5)to(6)as follows (5) Mitigation shall include a minimum number of trees to be replanted in the front setback and/or the Town right-of-way rather than payment into the Tree Fund. This required number of replanted trees shall be the lesser of i. that needed to satisfy the mitigation requirements for protected trees removed,and ii. that needed to achieve the desired minimum street-frontage tree spacing, as described below,subject to the availability of planting sites: The desired minimum street-frontage tree spacing is achieved when there is no greater than a 35' gap in between trees located in the combined area of the Town right of way and the front setback of a property, as measured along the street frontage. An available planting site shall conform to Tree Planting Guidelines established by the Tree Committee and approved by the Select Board and be deemed appropriate by the Tree Warden. Planting may occur in the Town right-of-way with permission of the Tree Warden. Replanted trees shall be selected from the Large Shade Tree list, unless there are mitigating circumstances as delineated in the Tree Planting Guidelines. (6) All new trees planted to mitigate the removal of Protected Tree(s)shall be maintained in good health for a period of no less than 12 months from the date of issuance of the Certificate of Occupancy. If a replacement tree dies within this 12 month period,the owner of the property shall be responsible for replacing the tree with a tree equal to or greater than the size of the original replacement tree at the time of planting; such tree shall be planted within nine (9) months of the death of the original replacement tree. 8:30 p.m. Daniel Miller presented information on the Article. 8:37 p.m. Steven Kaufman,Pct. 5,raised a Point of Order,and noted that he was experiencing an issue with his tablet. Mr.Pato stated that the vote screen had been accidentally enabled,but it had been recalled to be back to debate. Recommendations: Ms.Moyer stated that the Tree Committee unanimously supported the Article. Mr.Pato said that the Select Board had 4 in support of the Article and 1 awaiting discussion. Mr.Peters stated that the Planning Board unanimously supported passage of the Article. Mr.Hamilton said that the Conservation Commission unanimously supported passage of the Article. 8:38 p.m. Members discussed and debated the Article. 8:58 p.m. As there were no final comments,the Moderator opened voting on the Article. Following remote electronic vote tallying,the Moderator declared that: Manch 18,2024 Annual Town Meeting,continued Motion to Approve Article 35 Amend General Bylaws—Tree Bylaw-Mitigation Planning Adopted by a vote of: Yes No Abstain 157 10 1 MOTION CARRIES (Approved by the Attorney General's Office July 25,2024,posted July 30,2024) 8:59 p.m. The Moderator opened the Meeting under Article 36 ARTICLE 36 GENERAL BYLAWS—TREE BYLAW-EXEMPTIONS MOTION: Mr.Paul moves that the Town's Tree Bylaw,Chapter 120§3A and 9 of the Code of the Town of Lexington,be amended as follows,where *,-.,^ice=text is to be removed and bolded text is to be added: 1. Amend§ 120-3(A)Definitions by adding the following definition: CERTIFIED ARBORIST An arborist who is certified by the International Society of Arboriculture or through the Massachusetts Certified Arborist Program of the Massachusetts Arborists Association. 2. Amend,add and reletter§ 120-9 (B),(C)and(D)Emergencies and exemptions as follows: B. Town-Ttrees that are hazardous as determined in writing by the Tree Warden; C. Trees that in accordance with a Level 2 ISA,BMP Tree Risk Assessment submitted to the Town, have a high or extreme overall tree risk rating for which no alternative reasonable mitigation of the risk exists other than by the removal of the tree as determined in writing by a Certified Arborist. D. Invasive tree species as defined in regulations established by the Tree Committee and approved by the Select Board. (Reserved)til u Editor's Note:Former Subsection C, which excluded invasive tree species, was repealed 3-22-2010 ATM by Art. 27. Nancy Sofen,Member of the Lexington Tree Committee,presented information on the Article. Recommendations: Ms.Moyer noted that the Tree Committee was unanimously in support of the Article. Mr.Pato said that the Select Board was unanimously in support of the Article. Mr.Peters stated that the Planning Board was unanimously recommended approval of the Article. Mr.Hamilton said that Conservation Commission was unanimously in support of the Article. Manch 18,2024 Annual Town Meeting,continued 9:09 pm The Moderator opened voting on the Article. Following remote electronic vote tallying,the Moderator declared that: Motion to Approve Article 36 Amend General Bylaws—Tree Bylaw-Exemptions Adopted by a vote of: Yes No Abstain 165 3 2 MOTION CARRIES (Approved by the Attorney General's Office July 25,2024,posted July 30,2024) 9:12 p.m. The Moderator opened the Meeting under Article 37. ARTICLE 37 IMPORTANCE OF TREES RESOLUTION(Citizen Petition) MOTION: Ms.Pappo moves that the Town adopt the following resolution: WHEREAS,trees are one of the best defenses Lexington can have against the growing impacts of climate change; WHEREAS,Middlesex County has historically had 8.7 days each year above 90',but by century's end we are expected to have 35 such days under a low-to-moderate emissions scenario and 67 days with business-as-usual emissions; WHEREAS, heat like this creates health risks for our children, elderly and other vulnerable populations, and places an enormous energy burden on our cooling systems and will make many summer outdoor activities unpleasant if not dangerous; WHEREAS,trees can reduce heating and cooling energy use by 25%or more by shading our homes in summer and buffering them against wind in winter, WHEREAS,a tree canopy,through shading and evapotranspiration,can lower summer air temperatures 4-6'F and the heat experienced by someone moving from sun to shade by 20'F or more,the difference between our children playing outside or sitting in an air-conditioned room; WHEREAS,trees combat climate change both by sequestering carbon directly and by reducing building energy demands(due to tree shading and windbreak); WHEREAS, trees mitigate stormwater and flooding impacts by promoting soil infiltration and intercepting rainfall that then evaporates; WHEREAS,trees improve air quality through uptake of gaseous pollution via leaf pores and interception of particulates,and inhibit the formation of smog; WHEREAS,trees are a foundational part of the ecological communities that surround and sustain us,providing habitat to countless species of insects, fungi, moss, birds, mammals, and plants, and serving as critical elements in most food chains; WHEREAS,trees enhance property values,as suggested by a range of studies that have found increases of about 3 to 15 percent in residential property values associated with the presence of trees and vegetation; WHEREAS, studies have shown that trees provide a wealth of mental health and quality-of-life benefits,from increased cognitive function to reductions in stress and anxiety,reduced crime, and even more rapid recovery from surgery; WHEREAS,shade trees can take 100 years or more to mature and fill the canopy,and what is cut down now may not be regrown in our children's lifetimes;and Manch 18,2024 Annual Town Meeting,continued WHEREAS,the Town's recently adopted Climate Action Plan notes that"increasing tree canopy overall will enhance community health and resilience by providing natural cooling, reducing pollution,and mitigating flooding,"and sets as a town goal to"protect and expand Lexington's tree canopy; NOW,THEREFORE,BE IT RESOLVED that the Town of Lexington declares that a robust tree canopy is vital to the quality of life,public health,and sustainability of Lexington and its residents, workers,and visitors; BE IT FURTHER RESOLVED that the Town declares that facilitating the growth and maintenance of this canopy,including widespread public shade and tree-lined streets, is a goal of the Town and commits to using its resources and authority in partnership with community members to work towards this goal with appropriate investment and regulatory measures,while mindful of the need for balance with other pressing public needs including other town services, housing and solar energy production; BE IT FURTHER RESOLVED that to achieve this goal, Town departments and committees are called upon to set actionable goals reflecting the magnitude of the need and metrics by which to measure their progress; BE IT FURTHER RESOLVED that the Town of Lexington commits to educating our residents about the importance of trees to our and our children's quality of life;and BE IT FURTHER RESOLVED that the Town of Lexington underscores the need for full community participation,inclusion,and support in this endeavor,and recognizes that the residents of Lexington, community organizations, academic institutions, faith, youth, labor, business and homeowners' associations and groups, as well as groups focused on environmental,food and economic issues all have an important role to play in providing support and leadership for this effort. 9:13 p.m. Charles Wyman,one of the residents who circulated the Petition,presented information on the Article. Recommendations: Ms.Moyer noted that the Tree Committee was unanimously in support of the Resolution. Mr.Pato said that the Select Board had 3 Members in support,and 2 awaiting discussion,but then corrected the count to 5 Members in support as 2 Members had updated their vote that evening. Mr.Hamilton stated that the Conservation Commission was unanimously in support of the Article. Ms.Arens said that the Sustainable Lexington Committee was unanimously in support of the Article. 9:19 P.M. Members discussed and debated the Article. 9:39 p.m. Marsha Baker,Pct. 7,called the question. Following remote electronic vote tallying,the Moderator declared that: Motion to Terminate Debate Adopted by a vote of: Yes No Abstain 118 31 10 MOTION CARRIES 9:43 pm As there were no final comments on the Article,the Moderator opened voting on the Article. Following remote electronic vote tallying,the Moderator declared that: Motion to Approve Article 37 Importance of Trees Resolution(Citizen Petition) Adopted by a vote of: Manch 18,2024 Annual Town Meeting,continued Yes No Abstain 131 24 6 MOTION CARRIES 9:44 p.m. The Moderator opened the Meeting under Article 38. ARTICLE 38 Amend Regulation of Fossil Fuel Infrastructure Bylaw—Meet Department of Energy Resources(DOER)Requested Changes MOTION:Ms.Hai moves that the following sections of Chapter 106 of the Code of the Town of Lexington be amended as follows effective January 1,2025(new language in bold and deleted language n* ek4+- i sn for reference only)and that non-substantive changes to the numbering of this bylaw be permitted to comply with the numbering format of the Code of the Town of Lexington: (1) The definition of"Major Renovation"in Section 106-2: "Major Renovation"shall mean a project associated with a valid building permit application filed on or after the Effective Date of this article that meets the definition of ? 4 4evati Major Renovation as defined in 225 CMR 2 24: (a)low-rise residential additions over 1,000 square feet and additions exceeding 100% of the conditioned floor area of the existing dwelling unit, (b)additions over 20,000 square feet and additions that exceed 100% of the conditioned floor areas of the existing building for all building use types except low- rise residential, (c)Level 3 Alterations as defined in the International Existing Building Code (IEBC 2021)(which exceed 50%of the existing conditioned floor area)exceeding 1,000 square feet for low rise residential,or exceeding 20,000 square feet for all other building uses, or (d)Change of use of over 1,000 square feet per International Energy Conservation Code(IECC 2021)Sections R505,or (e)change of use of over 20,000 square feet or change of use of 100% of the conditioned floor areas of the existing building for all building use types except low- rise residential, International Energy Conservation Code (IECC 2021) Sections C505. (2) Section 106-3 Applicability: 106-3 Applicability This Chapter shall apply to all building permit applications for New Buildings and Major Renovations proposed to be located in whole or in part within the Town,except that this Chapter shall not apply to: A.Research laboratories for scientific or medical research, B.Hospitals regulated by the department of public health as a health care facility, C.Medical offices regulated by the department of public health as a health care facility, D.Buildings heated with Clean Biomass Heating Systems as defined in 225 CMR 23 as the only combustion equipment, E.Multi-family buildings over 12,000 square feet with permit application filed prior to January 1,2027 that utilize gas or propane for domestic water heating as the only combustion equipment, F.Utility service piping connecting the grid to a meter,or to a gas meter itself, Manch 18,2024 Annual Town Meeting,continued G.The extension or modification of heating systems via HVAC system modification, or modification of radiator,steam,or hot water piping,provided new fossil fuel piping is not installed; H.Repairs of any existing portions of a fuel piping system deemed unsafe or dangerous by the Plumbing and Gas Fitting Inspector,,e+ L For building permit applications for New Buildings and Major Renovations filed before December 31,2024:Piping required to fuel backup electrical generators, indoor or outdoor cooking appliances,indoor or outdoor fireplaces or fire features,or appliances for outdoor heating;or J.For building permit applications for New Buildings and Major Renovations filed on or after January 1,2025:Piping required to fuel backup electrical generators, outdoor cooking appliances,outdoor fireplaces or fire features,or appliances for outdoor heating. Maggie Peard, Sustainability and Resilience Officer,presented information on the Article. Recommendations: Ms.Hai stated that the Select Board had 4 Members in support and 1 opposed. Ms.Arens noted that the Sustainable Lexington Committee was unanimously in support of the Article. Mr.McGaw said that the Economic Development Advisory Committee recommends that the Select Board and Town Meeting oppose the removal of the exemption for indoor cooking appliances and indoor fireplaces as written in section j of the Article,and are supportive of the changes defining major renovations,and approved those unanimously 6-0. Senator Michael Barrett spoke in favor of the Article. 9:57 p.m. Meeting Members discussed the Article. 10:13 p.m. Dawn McKenna,Pct. 6,called the question. Following remote electronic vote tallying,the Moderator declared that: Motion to Terminate Debate Adopted by a vote of: Yes No Abstain 118 30 10 10:14 p.m. As there were no final comments the Moderator opened voting on Article 38. Following remote electronic vote tallying,the Moderator declared that: Motion to Approve Article 38—Amend Regulation of Fossil Fuel Infrastructure Bylaw—Meet Department of Energy Resources(DOER)Request Changes. Adopted by a vote of: Yes No Abstain 125 26 7 MOTION CARRIES (Approved by the Attorney General's Office July 25,2024,posted July 30,2024) 10:15 p.m. The Moderator asked for a Motion to Adjourn. Joe Pato, Select Board Chair,Motioned to Adjourn the Annual Town Meeting to 7:30 p.m.on Wednesday,April 24,2024,such meeting to be held at the Margery Milne Baffin Hall,Cary Memorial Building, 1605 Massachusetts Avenue and by means of remote participation. The Moderator declared that Motion was adopted by unanimous voice vote and the Meeting adjourned. Manch 18,2024 Annual Town Meeting,continued April 24,2024 Adiourned Session of the 2024 Annual Town Meetinu Moderator Deborah Brown called the eighth session of 2024 Annual Town Meeting to order at 7:30 p.m.on Wednesday,April 24,2024,at the Margery Milne Baffin Hall in the Cary Memorial Building, 1605 Massachusetts Avenue and by means of remote participation,a quorum in excess of 100 members was present(146). The Moderator reminded Members participating remotely to mute themselves while on the Portal. She then explained seating and parliamentary procedure for the evening and asked Members to login for attendance. The Moderator gave notice of quorum at 7:34 p.m.and stated that she would leave the Portal open while more Members came into the Hall. The Moderator noted that they would hold a Memorial for Jane Buckley. Jane Buckley passed on January 27,2024,at the age of 91. She grew up in Dorchester,graduated from Dorchester High School,then attended Boston Business School. Jane and her husband,James, settled in Lexington in 1953,purchasing a house at 46 Middle Street,where they raised their family. The Moderator noted that their daughter,Jackie,and their son,Jeff,were present in the audience that evening. Their first born,Jay,was sadly stricken with leukemia and died at the age of 8. It was Jane's husband,James,who first ran for Town Meeting serving for 9 years. Jane soon decided to run,herself. She was first elected in 1971 as a Precinct 6 Town Meeting Member. The Moderator noted that this was when Lexington only had 6 precincts. She went on to serve for 23 years,first in precinct 6,and then in precinct 9 when the precincts were increased(1971-1994). Both James and Jane were concerned with the pace of development in Lexington and advocated for the preservation of numerous parcels of open space,including the Napoli Family property and Idlyewilde Farm,a portion of which is permanently preserved as conservation land. Jane was also appointed to the Capital Expenditures Committee,serving in the early 1980s. Jane's daughter Jackie describes how her mother made it"her business"to be overprepared as a Town Meeting Member,fueled in part by her sense that others had more formal education(Jane didn't have a college degree)and feared others wouldn't take her seriously. She would research areas coming before Town Meeting,talking with the people who would be impacted,and practicing her planned remarks. She wasn't a frequent speaker at Town Meeting,but when she did speak,she was well prepared. She earned the respect of her Town Meeting peers because of her diligent preparation, certainly,but also for her positive collegial approach. She brought that same approach to her work on the Lexington Field and Garden Club. Her biggest Garden Club project each year was decorating Buckman Tavern and Cary Library for Christmas,and she spent weeks preparing,researching, collecting plants and materials that would be historically accurate. Years later,she made good on her life-long dream to get a college degree at the age of 70 she graduated from Regis College with a BA in English Literature. Jeff described their mother as someone who was kind,full of fun,and very social. She was famous for her daily 2 to 3-mile walks,no matter the weather,greeting everyone and their pets with cheer. She and James were the parents who showed up at every hockey game and every baseball game— Jane with her 1/2 gallon of lemonade and donuts for the team. She was beloved among Jeff's friends, who continued to visit his parents,even after he went away to college. Jeff shared one anecdote about his mother that captured her sense of humor and quite a mischievous streak. James and Jane loved to sail and had a boat in Marblehead. Once,sailing in the outer harbor they came upon a naval destroyer anchored there. Jane insisted that she wanted to get up close to see it,and when James obliged,she jumped onto the gangway,saluted the flag and the lieutenant on deck, and called out"permission to come on board,sir". The lieutenant was so flabbergasted that he allowed it,and Jane and the kids got to tour the ship. The Moderator extended deepest sympathies to Jane's daughter,Jackie Buckley and her spouse Dawn Ridge,her son,Jeff,and her 12 grandchildren and 11 great-grandchildren,her many nieces and nephews,and noted Jane's husband of 63 years passed away in 2016. She then asked Members to observe a Moment of Silence in Jane's memory. Manch 18,2024 Annual Town Meeting,continued 8:03 p.m. The Moderator asked for a procedural motion to take up Articles 31,40,43,and 45 in that order. Mr.Pato moved to take up Articles 31,40,43,and 45. Motion approved by unanimous voice vote. 8:05 p.m. The Moderator opened the Meeting under Article 31. ARTICLE 31 PROHIBIT SINGLE-SERVE PLASTIC WATER BOTTLES(Citizen Petition) MOTION: Mr.Morse-Fortier moves that Chapter 81 of the General Bylaws be amended to add a new Article IV that would read as follows: §81-16.Sale of Drinking Water in Single-Serving PET Bottles It shall be unlawful to sell non-sparkling, unflavored drinking water in single-serving polyethylene terephthalate(PET)bottles of 1 liter(34 ounces)or less in the Town of Lexington on or after January 1,2025. §81-17.Exemption for Emergencies Sales occurring subsequent to a declaration of an emergency adversely affecting the availability and/or quality of drinking water to Lexington residents by the Emergency Management Director or other duly- authorized Town, Commonwealth or United States official shall be exempt from this Bylaw until seven days after such declaration has ended. §81-18. Enforcement Process Enforcement of this Bylaw shall be the responsibility of the Town Manager or their designee.The Town Manager shall determine the inspection process to be followed,incorporating the process into other town duties as appropriate.Any establishment conducting sales in violation of this Bylaw shall be subject to a non-criminal disposition fine as specified in the Regulations for Enforcement of Town Bylaws under MGL c.40,§21D as specified in Section 1-6(B)of the Code of the Town of Lexington.Any such fines shall be paid to the Town of Lexington. §81-19.Suspension of the Bylaw If the Town Manager determines that the cost of implementing and enforcing this Bylaw has become unreasonable,then the Town Manager shall so advise the Select Board and the Select Board shall conduct a Public Hearing to inform the citizens of such costs. Subsequent to the Public Hearing,the Select Board may continue this Bylaw in force or may suspend it permanently or for such length of time as they may determine. Tom Wanderer presented information on the Article. Recommendations: Mr.Hai stated that while the Article aligns with sustainability goals and long term vision for the Select Board,there were a few concerns with the impact of the Article. There were not currently enough hydration stations throughout Town to ensure access to all visitors or residents who might require drinking water outside of a restaurant setting,and those that were around are not available year-round due to freezing hazards which could result in burst pipes. She noted that the Select Board had voted 2-3 opposed to the Article. Ms.Arens noted that the Sustainable Lexington Committee supported the Article and had reaffirmed that at their most recent meeting. Mr.McGaw stated that although the Economic Development Advisory Committee appreciates the importance the need to reduce plastic in the environment,but they had recommended that the Select Board not support the Article at this time,but if it was a new priority for them,it was suggested that the Sustainability Officer be directed to look at other communities of Lexington's size and how this issue was being handled and managed at the local level. He noted that the Committee also recommended a close review of the feasibility of local businesses implementing it and the potential negative impact on residents and visitor with regards to access to water. The Committee had unanimously approved this position 6/0. Manch 18,2024 Annual Town Meeting,continued Mr.Michaelson spoke on behalf of the Lexington Center Committee and first noted that he wished to clarify some misinformation in the presentation and that Needham had not passed this initiative as they had it coming forward in May. He noted that the Lexington Center Committee had voted unanimously on March 14 to disapprove the Article. He further noted that the Committee supported the intention of the Article but more work needed to be done. 7:53p.m. Members discussed and debated the Article. 8:14 p.m. Eric Michelson,Pct. 1,offered the following Amendment. Mr.Michaelson moves that by substituting the motion,as follows:That this article will be referred back to the Select Board. The Moderator noted that the timing was starting now for the'/2 hour allowed for an Amendment. Mr.Michelson presented information on the Amendment. 8:18 P.M. Ms.Hai stated that the Select Board was 4-1 in favor of the and they could refer it to the Sustainable Lexington Committee to expedite it. 8:45 p.m. The Moderator opened voting on the Amendment. Mr.Michaelson offered final comments on the Amendment. Following remote electronic vote tallying,the Moderator declared that: Motion to Amend Article 31—Refer back to Select Board Adopted by a vote of: Yes No Abstain 65 95 1 MOTION FAILS 8:49 p.m. The Moderator reopened the meeting under the original Article. 8:59 p.m. Anil Ahuja,Pct.5,called the question. Following remote electronic vote tallying,the Moderator declared that: Motion to Terminate Debate Adopted by a vote of: Yes No Abstain 108 39 13 MOTION PASSES 9:00 P.M. Mr.Wanderer offered final remarks on the Article. The Moderator opened voting on Article 31. 9:01 P.M. Mr.Michelson,Pct. 1,raised a Point of Order,and noted that the maker of the motion misquoted information. The Moderator stated that they would be moving on. Following remote electronic vote tallying,the Moderator declared that: Motion to Approve Article 31—Prohibit Single-Serve Plastic Water Bottles(Citizens Petition). Adopted by a vote of: Yes No Abstain 127 33 8 MOTION CARRIES (Approved by the Attorney General's Office July 25,2024,posted July 30,2024) Manch 18,2024 Annual Town Meeting,continued 9:02 p.m. The Moderator opened the Meeting under Article 40 ARTICLE 40 INTEGRATED PEST MANAGEMENT RESOLUTION(Citizen Petition) MOTION:Ms.Bothwell Allen moves that WHEREAS, Town Meeting wishes to protect the health and welfare of Lexington,its residents and visitors,and local wildlife,by reducing the use of second-generation anticoagulant rodenticides and promoting Integrated Pest Management strategies;and WHEREAS,second-generation anticoagulants are more likely than first-generation anticoagulants to kill non-target animals that feed on poisoned prey or carcasses,and remain longer in animal tissues; and as such, second-generation anticoagulants pose greater risks to non-target species including pets and wildlife,and children are at risk of poisoning when coming into contact with highly toxic second- generation anticoagulants;and WHEREAS,it is in the best interest of public health to eliminate the use of toxic rodenticides on town land,ponds and waterways,to encourage the reduction and elimination of the use of toxic rodenticides including on Town-owned properties,and WHEREAS,the Town finds that a balanced and healthy ecosystem is vital to the health of the Town and its residents and visitors,and as such it is also in need of protection from exposure to hazardous chemicals including rodenticides,including and especially on Town-owned and managed properties; THEREFORE,BE IT RESOLVED THAT: A. Town Meeting urges the Town and all its property-holding or managing entities,including departments, commissions, boards and other subdivisions, to introduce and promote management practices known commonly as "Integrated Pest Management" for the remediation of rodent infestations;and further B. The Town continue its current work to develop and implement an Integrated Pest Management Policy and/or set of practices with the goal of eliminating use of second generation anticoagulant rodenticides by or on behalf of municipal property owning or managing entities; and further C. The Town engage in public education and outreach efforts about the benefits of Integrated Pest Management policies and practices on Town-owned land and in general. Marci Semanska,Founder of Save Lexington Wildlife,presented information on the Article. Recommendations: Mr. Sandeen stated that the Select Board was unanimously in support of the Article. Mr.Hamilton stated that the Conservation Commission was unanimously in support of the Article. Ms.Arens stated that the Sustainable Lexington Committee was unanimously in support of the Article. 9:10 P.M. Members discussed the Article and students from the Diamond Middle School,offered their thoughts. 9:24 p.m. Steven Heinrich,Pct.3,called the question. Following remote electronic vote tallying,the Moderator declared that: Motion to Terminate Debate Adopted by a vote of: Yes I No I Abstain Manch 18,2024 Annual Town Meeting,continued 134 1 14 19 MOTION CARRIES 9:26 p.m. Ms. Sarnesta offered a brief comment and the Moderator opened voting on Article 40. Following remote electronic vote tallying,the Moderator declared that: Motion to Approve Article 40—Integrated Pest Management Resolution(Citizen Petition). Adopted by a vote of: Yes No Abstain 157 1 1 MOTION CARRIES 9:27 p.m. The Moderator opened the Meeting under Article 43 ARTICLE 43 VOTING RIGHTS 16 AND OLDER(Citizen Petition) MOTION: Kunal Botla moves that the Select Board be authorized to petition the General Court of the Commonwealth of Massachusetts to enact legislation in substantially the form below to grant the Town of Lexington the authority to endow legal voting rights in municipal elections for Town of Lexington residents aged 16 and 17 years old, and further that the Select Board be authorized to approve amendments to said act by the General Court before its enactment that are within the scope of the general objectives of this motion. "An Act granting the Town of Lexington the authority to endow legal voting rights in municipal elections for Town of Lexington residents aged 16 and 17 years old." Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: SECTION 1.Notwithstanding the provisions of Section 1 of Chapter 51 of the General Laws or any other general or special law,rule,or regulation to the contrary,any individual aged 16 or 17 years old residing in the Town of Lexington,who is ineligible to vote under state law due to age, but who is otherwise eligible to vote under state law, may upon application have their names entered on a list of voters established by the office of the town clerk for the Town of Lexington. Such individuals on the list of voters may vote in any election for local offices and local ballot questions in accordance with this Act. For the purposes of this Act, "local voters" are anyone who is eligible to vote pursuant to this Act in a local election or upon a local ballot question in the Town of Lexington. SECTION 2. Said office of the town clerk shall establish a separate registration list for local voters who shall fill out an alternative registration form.Upon turning eighteen,each local voter shall be taken off said list and notified that he or she must register as a regular voter in accordance with state law, regulations, and guidelines, in order to be eligible to vote. Said office shall create and print, at the Town of Lexington's expense,the special registration form needed for the purpose of registering local voters. SECTION 3. Said board is hereby authorized to promulgate regulations, guidelines and forms to implement the purpose of this act. SECTION 4. If a local ballot question appears on a state election ballot,the office of the Town Clerk shall print a separate ballot for the local ballot question at the expense of the Town of Lexington. SECTION 5.The Town of Lexington is hereby authorized to pass ordinances to implement the purpose of this act subject to all the provisions of Chapter 215, Acts of 1929 and Chapter 753,Acts of 1968,as amended. Manch 18,2024 Annual Town Meeting,continued SECTION 6.Nothing in this act shall be construed to confer upon local voters the right to vote for any state or federal office or any state or federal ballot questions. (02/06/2024) Kunal Botla presented information on the Article(2:16) Recommendations: Mr.Lucente noted that the Select Board had voted with 3 in favor and 2 awaiting Town Meeting discussion. 9:31 p.m. Members discussed and debated the Article. 10:06 p.m. Steve Heinrich,Pct.3,called the question. Following remote electronic vote tallying,the Moderator declared that: Motion to Terminate Debate Adopted by a vote of: Yes No Abstain 112 35 12 MOTION CARRIES 10:08 P.M. Mr.Boudett,Pct.4,raised a Point of Order and requested the final vote of the Select Board,Ms.Barry noted that she would be voting"no"and Ms.Hai noted that she would be abstaining as she was in favor of the substance of the Article,but was concerned about implementation. As there were no final comments from the proponent. The Moderator opened voting on Article 43. Following remote electronic vote tallying,the Moderator declared that: Motion to Approve Article 43—Voting Rights 16 and Older(Citizen Petition). Adopted by a vote of: Yes No Abstain 71 74 13 MOTION FAILS 10:10 P.M. The Moderator opened the Meeting under Article 45 ARTICLE 45 INDIGENOUS PEOPLES DAY(Citizen Petition) MOTION:Ms.Pappo moves that WHEREAS,the Town wishes to recognize the Indigenous nations of North America,their roots and their many contributions made to our community, our Commonwealth, and our country now and throughout history. WHEREAS,the Town can gain insight in dealing with environmental issues such as climate change through Indigenous environmental knowledge,respect for nature,and seventh generation thinking. WHEREAS, The Town encourages our community and our public schools to observe Indigenous Peoples Day with appropriate exercises and instruction to celebrate the thriving contemporary cultures and diversity,and acknowledge the authentic histories of Indigenous Peoples. WHEREAS,the District of Columbia;States of Alaska,Louisiana,Maine,Michigan,Minnesota,New Mexico,Oregon,South Dakota,Vermont,and Wisconsin;and MA municipalities including Bedford, Arlington, Belmont, Cambridge, Newton, Wellesley, Watertown, Boston, Salem, Somerville, Brookline,Marblehead,Northampton,Amherst,Melrose,and many more observe Indigenous Peoples Day to promote Indigenous cultures and commemorate the history of Indigenous Peoples;and Manch 18,2024 Annual Town Meeting,continued WHEREAS,the Town of Lexington celebrates and welcomes all people,and is dedicated to promoting equity and justice in our Town through policies and practices that seek to end systemic racism and discrimination; NOW,THEREFORE,BE IT RESOLVED THAT TOWN MEETING VOTES AS FOLLOWS: The second Monday of October shall henceforth be commemorated in Lexington as Indigenous Peoples Day, in honor of the resilience and contributions of Indigenous peoples in our Town, the Commonwealth of Massachusetts and our country. Fran Ludwig presented information on the Article. Recommendations: Ms.Hai noted that the Select Board was unanimously in support of the Article. Ms. Cuthbertson stated that the School Committee was unanimously in support of the Article. 10:17 p.m. Members discussed and debated the Article. 10:35 p.m. Sanjay Padaki,Pct. 8,called the question. Following remote electronic vote tallying,the Moderator declared that: Motion to Terminate Debate Adopted by a vote of: Yes No Abstain 113 30 8 MOTION CARRIES 10:37 p.m. Ms. Offered thanks to the Meeting body. The Moderator opened voting on Article 45. Following remote electronic vote tallying,the Moderator declared that: Motion to Approve Article 45—Indiuenous Peoples Day(Citizen Petition). Adopted by a vote of: Yes No Abstain 140 8 5 MOTION CARRIES 10:39 p.m. The Moderator opened the Meeting under Article 24 ARTICLE 24 APPROPRIATE FUNDING FOR SEMIQUINCENTENNIAL COMMISSION MOTION: Ms. Barry moves that the Town appropriate$500,000 for the purpose of the celebration of the 250'h Anniversary of the Battle of Lexington,including personnel costs, supplies,equipment, event support,planning,promotion and advertising therefor,and all incidental costs related thereto,as coordinated by the Semiquincentennial Commission-Lex250 with the approval of the Select Board; and that to meet this appropriation,$500,000 be appropriated from the General Fund unreserved fund balance. Recommendations: Ms.Barry gave an overview of the proposed activities and ongoing planning towards the event including a reenactment and weekend activities for the 250'h Anniversary and also stated that the Select Board unanimously recommended passage of the Article. Mr.Parker noted that the Appropriations Committee unanimously supported passage of the Article. Manch 18,2024 Annual Town Meeting,continued 10:45 p.m. The Moderator opened voting on Article 24. Following remote electronic vote tallying,the Moderator declared that: Motion to Approve Article 24—Appropriate Funding for Semiquincentennial Commission. Adopted by a vote of: Yes No Abstain 137 1 6 MOTION CARRIES 10:46 p.m. The Moderator asked for a motion to dissolve the 2024 Annual Town Meeting. Mr.Pato, Select Board Chair,moved to dissolve Annual Town Meeting 2024. Motion Adopted by majority voice vote. A true copy. Attest 1�f y de Alderete,Town Clerk