HomeMy WebLinkAbout2017-10-16-STM2-STM3-min October 16,2017 Special Town Meetings#2 and#3(2017-2,2017-3)
Moderator Deborah Brown called the 2017 Special Town Meeting#2 to order at 7:30 p.m.,Monday,
October 16,2017 in Margery Milne Baffin Hall in the Cary Memorial Building, 1605 Massachusetts
Avenue.A quorum in excess of 100 members was present.
Town Clerk,Nathalie L.Rice,read the Warrant for Special Town Meeting#2 until waived.The
Town Clerk read the Constable's Return of Service.
The Moderator made announcements,welcomed new Town Meeting Members,discussed
parliamentary procedures and called for the testing of the electronic voting units.
7:37 p.m. The Moderator declared Special Town Meeting 42 to be in recess.
October 16,2017 Special Town Meeting#3(2017-3)
Moderator Deborah Brown called the 2017 Special Town Meeting#3 to order at
7:38 p.m.,Monday,October 16,2017 in Margery Milne Battin Hall in the Cary Memorial Building,
1605 Massachusetts Avenue.A quorum in excess of 100 members was present.
Town Clerk,Nathalie L.Rice,read the Warrant for Special Town Meeting#3 until waived.The
Town Clerk read the Constable's Return of Service.
7:38 p.m. The Moderator declared Special Town Meeting 43 to be in recess. She recognized
Town Manager,Carl Valente,who introduced the Town's new Management Fellow,Rajon Hudson,
and new members of senior and middle management staff including Melissa Interess,Assistant
Director of Senior Services,Christine Dean,Director of the Community Center,Anne Kostos,
Human Resources Director,and Michael Cronin,Director of Facilities.
October 16,2017 Special Town Meeting#2(2017-2)
7:42 p.m. The Moderator called Special Town Meeting#2 back to order and open under
Article 1.
ARTICLE 1:REPORTS OF TOWN BOARDS,OFFICERS,COMMITTEES
7:43 p.m. Suzanne Barry, Chair of the Board of Selectmen,moved that the Town Manager's
Report be received and placed on file.Motion Adopted. She asked the Moderator to recognize Town
Manager,Carl Valente,and Finance Director,Carolyn Kosnoff.Mr.Valente and Ms.Kosnoff
presented the"Capital Financing Model and Property Tax Mitigation Plan",which outlined the
financial impacts of Articles 2,3,4,and 5.
7:55 p.m. Jill Hai,Chair of the Capital Expenditures Committee,moved the Report of the
Committee be received and placed on file.Unanimously Adopted.
7:55 p.m. John Bartenstein, Chair of the Appropriation Committee,moved the Report of the
Committee be received and placed on file. Unanimously Adopted.
7:56 p.m. Alessandro Alessandrini,Chair of the School Committee,moved the Report of the
Committee be received and placed on file.Unanimously Adopted.
7:57 p.m. Superintendent Dr.Mary Czajkowski presented the Report of the School Committee.
7:59 p.m. Mr.Alessandrini moved to take up Article 2.Motion Adopted.
7:59 p.m. Presented by Mr. Alessandrini.
ARTICLE 2: APPROPRIATE FOR HASTINGS SCHOOL CONSTRUCTION
MOTION: That the Town appropriate the amount of sixty-three million,fifty-nine thousand,four-
hundred eighteen dollars($63,059,418)for the purpose of paying costs to demolish
the existing Maria Hastings Elementary School and to construct,originally equip and
furnish a new Maria Hastings Elementary School to be located at 7 Crosby Road in
Lexington,including the payment of all costs incidental or related thereto(the
"Project"),which school facility shall have an anticipated useful life as an educational
facility for the instruction of school children for at least 50 years,and for which the
October 16, 2017 Special Town Meeting#2 cont...
Town may be eligible for a grant from the Massachusetts School Building Authority
("MSBA"),said amount to be expended under the direction of Permanent Building
Committee.To meet this appropriation the Board of Selectmen is authorized to borrow
said amount under 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 project
costs the Town incurs in excess of any grant approved by and received from the
MSBA shall be the sole responsibility of the Town;provided further that any grant
that the Town may receive from the MSBA for the Project shall not exceed the lesser
of(1)35.79%of eligible,approved project costs,as determined by the MSBA,or(2)
the total maximum grant amount determined by the MSBA;provided that any
appropriation hereunder shall be subject to and contingent upon an affirmative vote of
the Town to exempt the amounts required for the payment of interest and principal on
said borrowing from the limitations on taxes imposed by M.G.L. 59,Section 21C
(Proposition 2'/2);and that the amount of borrowing authorized pursuant to this vote
shall be reduced by any grant amount set forth in the Project Funding Agreement that
may be executed between the Town and the MSBA.Any premium received by the
Town upon the sale of any bonds or notes approved by this vote,less any such
premium applied to the payment of the costs of issuance of such bonds or notes,may
be applied to the payment of costs approved by this vote in accordance with M.G.L
Chapter 44,Section 20,thereby reducing the amount authorized to be borrowed to pay
such costs by a like amount.
7:59 p.m. Mr.Goddard presented the Hastings School Construction and Design Summary,
reviewing current needs,the site plan,proposed construction and LEEDS certification.He
summarized major elements of the budget and presented a construction timeline.
8:13 p.m. Joseph Pato,member of the Board of Selectmen,reported unanimous support of the
Board,and gave a brief report.He explained the MSBA(Massachusetts School Building Authority)
grant process and stated that the vote taken on Article 2 would be contingent on a positive vote in the
December Special Town Election(Debt Exclusion vote).
8:15 p.m. Jill Hai,Chair of the Capital Expenditures Committee,reported unanimous support of
the Committee.
8:16 p.m. Andrei Radulescu-Bann,member of the Appropriation Committee reported support of
the Committee(7-0-2).
8:16 p.m. Judy Crocker,Pct. 5,questioned whether an expansion area had been considered for
the new Hastings building after design changes shifted its location.Mr.Goddard responded that the
additional space for future needs had not been precluded,and would be addressed going forward.
8:18 P.M. Anthony Galaitsis,Pct. 5,questioned impacts of moving the new classroom space
closer to Route 128.Mr.Goddard responded that attention was paid to noise reduction,including
design requirements for highly insulated glass.
8:21 p.m. Michael Boudett Pct.4,questioned whether Mr.Valente's debt analysis had included
the construction of a new high school.Mr.Valente responded in the negative.Mr.Alessandrini,
Chair of the School Committee,commented on current Committee plans for the high school.
8:26 p.m. Mark Andersen,Pct. 6,questioned the timing and financial impact of a seventh
preschool.Mr.Alessandrini responded.Mr.Anderson also questioned the financial impacts of Visitor
Center and Cemetery upgrades.Mr.Valente,Town Manager,responded that the tax analysis did not
include the Visitor Center,and that the Cemetery had its own revenue source.
8:33 p.m. Antony Rinaldi, 19 Garfield Street,a 5th grader at the Hastings School,described
current conditions at the Hastings School.
8:35 p.m. Mr.Valente addressed questions raised earlier by Michael Boudett,Pct.4,regarding
the projected 2.5%growth of the tax base per year.
8:35 p.m. With no further questions,the Moderator called for the vote.
8:36 p.m. Following electronic vote tallying,the Moderator declared Article 2 Adopted by the
necessary two-thirds on a vote of:
Yes No Abstain
156 1 3
8:36 p.m. Selectman,Michelle Ciecolo,recused herself from discussion and voting on Article 3
due to a potential conflict of interest.
October 16, 2017 Special Town Meeting#2 cont...
8:37 p.m. Presented by Jessie Steigerwald,School Committee member.
ARTICLE 3: APPROPRIATE DESIGN FUNDS FOR LEXINGTON CHILDREN'S
PLACE/20 PELHAM ROAD
MOTION: That$2,500,000 be appropriated for design,engineering and architectural services,
including production of construction documents,and for construction costs,including
demolition of the existing building and site work for the Lexington Children's Place to
be located at 20 Pelham Road in Lexington,and that to meet this appropriation the
Treasurer,with the approval of the Board of Selectmen,is authorized to borrow
$2,500,000 under M.G.L. Chapter 44, Section 7,or any other enabling authority,
provided that no sums shall be borrowed or expended pursuant to this vote unless the
Town shall have voted to exclude the amounts needed to repay any borrowing
pursuant to this vote from the limitations on the property tax levy imposed by M.G.L.
Chapter 59,Section 21C(otherwise known as Proposition 2'/z).Any premium
received by the Town upon the sale of any bonds or notes approved by this vote,less
any such premium applied to the payment of the costs of issuance of such bonds or
notes,may be applied to the payment of costs approved by this vote in accordance
with M.G.L.Chapter 44, Section 20,thereby reducing the amount authorized to be
borrowed to pay such costs by a like amount.
8:37 p.m. Ms. Steigerwald moved that the School Committee's Report on Article 3 be received
and placed on file. Unanimously Adopted. She presented the Report and stated the unanimous
support of the Committee.
8:42 p.m. Superintendent Dr.Mary Czajkowski reviewed the history of Lexington Children's
Place,its services,and the impact termination of services would have on Lexington's special needs
children. She stated that out-of-district placement for children with special needs would cost the
Town a minimum of$20,000/year/child plus transportation costs. She asked the Moderator to
recognize Patrick Goddard,former Director of Facilities.
8:45 p.m. Mr.Goddard discussed programmatic needs,site plan modifications,possible
Community Center use and a preliminary construction budget.
8:55 p.m. Selectman,Douglas Lucente,reported the support of the Board in a(4-0)vote,with
one recusal.
8:56 p.m. Jill Hai,Chair of the Capital Expenditures Committee,reported the unanimous support
of the Committee.
8:57 p.m. Helen Yang,member of the Appropriation Committee,reported support of the
Committee in a(7-0-2)vote.Member Al Levine delivered a brief majority report.
9:01 P.M. Mark Andersen,Pct. 6,suggested deferring a vote on the project in light of future
needs for a new high school and a seventh elementary school.
9:03 p.m. Robert Avallone,Pet. 8,sought clarification of the two abstentions in the
Appropriation Committee vote.Mr.Bartenstein,Chair of the Committee,responded that the two
members did not oppose the project,but felt the cost could not be justified at the current time.
9:05 p.m. In response to a question,Mr.Goddard reported that it would cost$250,000 to
renovate the vacated Children's Place classrooms for use by Harrington School students.
9:05 p.m. Nicola Rinaldi, 19 Garfield Street,mother of a student at the Children's Place,spoke
in support.
9:09 P.M. In response to a question,Selectman Suzanne Bally explained that the ballot in the
December Special Election would have three separate questions,giving voters the option to vote each
appropriation separately.
9:13 p.m. Carol Millard, 85 North Street,Special Education Parent Advisory Council liaison at
the high school,urged a yes vote, as did Bonnie Brodner,Pct.3.
9:18 P.M. Gloria Bloom,Pct.4,questioned mandated versus non-mandated enrollment and
tuition costs.Mr.Goddard responded.
9:20 p.m. Harry Forsdick,Pct. 7,spoke in support,relating his son's positive experience at the
Children's Place.
9:23 p.m. Bridger McGaw,Pct.6,questioned funding options and the debt burden contributed
by CPA projects.Town Manager,Carl Valente responded.
9:27 p.m. Claire Sheth,Pct.4,questioned alternatives to the Pelham Road site.Mr.Goddard
responded.
9:32 p.m. Steven McKenna,Pct.6,called the question.
9:32 p.m. The Moderator called for a voice vote on calling the question.Motion Adopted.
9:32 p.m. Ms. Steigerwald made closing remarks.
9:35 p.m. Following electronic vote tallying,the Moderator declared Article 3 Adopted by the
necessary two-thirds on a vote of:
October 16, 2017 Special Town Meeting#2 cont...
Yes No Abstain
144 5 9
9:37 p.m. The Moderator declared that Article 4 and 5 would be presented and discussed
together,but voted separately.
9:37 p.m. Presented by Selectman Peter Kelley.
ARTICLE 4: APPROPRIATE DESIGN FUNDS FOR FIRE HEADQUARTERS
MOTION: That$676,300 be appropriated for design,engineering and architectural services,
including production of construction documents,for a new Fire Headquarters and that
to meet this appropriation the Treasurer,with the approval of the Board of Selectmen,
is authorized to borrow$676,300 under M.G.L.Chapter 44,Section 7,or any other
enabling authority,provided that no sums shall be borrowed or expended pursuant to this
vote unless the Town shall have voted to exclude the amounts needed to repay any
borrowing pursuant to this vote from the limitations on the property tax levy imposed by
M.G.L.Chapter 59,Section 21C(otherwise known as Proposition 2'/2). Any premium
received by the Town upon the sale of any bonds or notes approved by this vote,less any
such premium applied to the payment of the costs of issuance of such bonds or notes,may
be applied to the payment of costs approved by this vote in accordance with M.G.L.
Chapter 44,Section 20,thereby reducing the amount authorized to be borrowed to pay
such costs by a like amount.
ARTICLE 5: APPROPRIATE FOR TEMPORARY FIRE STATION CONSTRUCTION
MOTION: That$2,140,000 be appropriated for design,engineering,and architectural services,
including production of construction documents,and for the construction phase,of a
temporary fire station to be located at 173 Bedford Street in Lexington,including
signalization and access improvements,and that to meet this appropriation the
Treasurer,with the approval of the Board of Selectmen is authorized to borrow
$2,140,000 under M.G.L.Chapter 44, Section 7,or any other enabling authority,
provided that no sums shall be borrowed or expended pursuant to this vote unless the
Town shall have voted to exclude the amounts needed to repay any borrowing pursuant to
this vote from the limitations on the property tax levy imposed by M.G.L.Chapter 59,
Section 21 C(otherwise known as Proposition 2 ''/z). Any premium received by the Town
upon the sale of any bonds or notes approved by this vote,less any such premium applied
to the payment of the costs of issuance of such bonds or notes,may be applied to the
payment of costs approved by this vote in accordance with M.G.L.Chapter 44,Section
20,thereby reducing the amount authorized to be borrowed to pay such costs by a like
amount.
9:37 p.m. Selectman Peter Kelley spoke briefly and reported unanimous support of the Board.
9:40 p.m. Patrick Goddard,former Director of Facilities,gave a detailed presentation,showing
the site plan,elevation views,costs,and energy saving measures.He outlined a timeline for
relocation of the Fire Department to the Liberty Mutual building,stating that the move was scheduled
for early summer of 2018 with a return date to the new facility in early 2019.
9:51 p.m. The Moderator sought confirmation that the appropriation under Article 5 was
$2,140,000.Mr.Goddard and Mr.Valente concurred.
9:52 p.m. Jill Hai,Chair of the Capital Expenditures Committee,reported unanimous support of
the Committee for Articles 4 and 5.
9:51 p.m. Sanjay Padaki,member of the Appropriation Committee,reported unanimous support
of the Committee for Articles 4 and 5.
9:53 p.m. Joel Adler,Pct. 1,questioned costs and the bidding process.Mr.Goddard responded.
9:56 p.m. With no further questions,the Moderator called for a vote on Articles 4 and 5.
9:56 p.m. Following electronic vote tallying,the Moderator declared Article 4 Adopted by the
necessary two-thirds on a vote of:
Yes No Abstain
151 0 1
9:57 p.m. Following electronic vote tallying,the Moderator declared Article 5 Adopted by the
necessary two-thirds on a vote of:
Yes No Abstain
153 0 2
October 16, 2017 Special Town Meetings#2 and#3 cont...
9:59 p.m. Selectman Joseph Pato,moved to dissolve Special Town Meeting#2.Motion
Adopted.
A true copy.
Attest:
Nathalie L.Rice,Town Clerk
October 16,2017 Special Town Meetings#3(2017-3)
9:57 p.m. The Moderator called Special Town Meeting 43 back to order and open under
Article 1.
ARTICLE 1:REPORTS OF TOWN BOARDS,OFFICERS,COMMITTEES
9:59 P.M. Jill Hai,Chair of the Capital Expenditures Committee,moved the Report of the
Committee be received and placed on file.Unanimously Adopted.
9:59 p.m. John Bartenstein, Chair of the Appropriation Committee,moved the Report of the
Committee be received and placed on file.Unanimously Adopted.
10:00 P.M. Selectman Joseph Pato moved to take up Article 6.Motion Adopted.
10:00 P.M. Presented by Selectman Joseph Pato.
ARTICLE 6: ESTABLISH AND APPROPRIATE TO AND FROM SPECIFIED
STABILIZATION FUNDS
1\TOTION:
a) That$200,000 be appropriated to the Traffic Mitigation Stabilization Fund;
b) That$126,765 be appropriated to the Transportation Demand Management/Public
Transportation Stabilization Fund;and
c) That$258,355 be appropriated to the Transportation Management Overlay District
(TMOD)Stabilization Fund.
10:00 P.M. Mr.Pato addressed the purpose of Article 6,and explained each section.
10:02 p.m. John Bartenstein, Chair of the Appropriation Committee,reported unanimous support
of the Committee.
10:02 p.m. Jill Hai,Chair of the Capital Expenditures Committee,reported unanimous support of
the Committee for section(a).
10:03 p.m. With no questions from the floor,the Moderator called for the vote.
10:03 p.m. Following a voice vote,the Moderator declared Article 6 Unanimously Adopted.
10:04p.m. Presented by Selectman, Suzanne Barry.
ARTICLE 7: AMEND REVOLVING FUND AUTHORIZATION
MOTION: That the Town amend the authorization to the following revolving funds approved
pursuant to Article 9 of the 2017 Annual Town Meeting pursuant to the provisions of
M.G.L.Chapter 44,Section 53E%Z for Fiscal Year 2018 beginning July 1,2017:
Program From To
DPW Compost Operations $755,000 $897,000
Building Rental $475,000 $525,000
10:04 p.m. Ms.Barry explained the need for amendments to 2017 revolving fund authorizations.
10:04 p.m. David Kanter,Pct. 7,member of the Capital Expenditures Committee, sought
confirmation that the increase for the DPW Compost Operation was$142,000.Ms.Barry confirmed.
10:05 p.m. John Bartenstein, Chair,Appropriation Committee,reported unanimous support of the
Committee.
10:05 p.m. Jill Hai,Chair,Capital Expenditures Committee,reported support of the Committee
for the DPW Compost Operations authorization.
10:06 p.m. With no questions from the floor,the Moderator called for the vote.
10:06 p.m. Following a voice vote,the Moderator declared Article 7 Unanimously Adopted.
10:07 p.m. Selectman Joseph Pato moved to take up Article 9.Motion Adopted.
10:07 p.m. Presented by Selectman,Joseph Pato.
ARTICLE 9: APPROPRIATE FOR SOLID WASTE EQUIPMENT
MOTION: That this article be indefinitely postponed.
October 16, 2017 Special Town Meeting#3 cont...
10:08 P.M. Mr.Pato explained the Article was deemed to be unnecessary.
10:08 P.M. With no questions from the floor,the Moderator called for the vote.
10:08 P.M. Following a voice vote,the Moderator declared Article 9 Unanimously Adopted.
10:08 P.M. Suzanne Barry,Chair of the Board of Selectmen moved to take up Article 13.Motion
Adopted.
10:08 P.M. Presented by Selectman Suzanne Barry.
ARTICLE 13:APPROPRIATE FOR AUTHORIZED CAPITAL IMPROVEMENTS
MOTION: That this article be indefinitely postponed.
10:08 P.M. Ms.Barry reported unanimous support of the Board.
10:08 P.M. With no questions from the floor,the Moderator called the question.
10:08 P.M. Following a voice vote,the Moderator declared Article 13 Unanimously Adopted.
10:08 P.M. Ms.Barry moved to adjourn Special Town Meeting#3 until 7:30 p.m.on Wednesday,
October 18,2017 in the Margery Milne Baffin Hall in the Cary Memorial Building, 1605
Massachusetts Avenue.Motion Adopted.
A true copy.
Attest:
Nathalie L.Rice,Town Clerk
October 18,2017 Special Town Meetings#3(2017-3)
Moderator Deborah Brown called the 2017 Special Town Meeting 93 to order at 7:30 p.m.,Monday,
October 18,2017 in Margery Milne Battin Hall in the Cary Memorial Building, 1605 Massachusetts
Avenue.A quorum in excess of 100 members was present.
The Moderator made announcements and called for the testing of the electronic voting units. She
declared the meeting open under Article 2.
7:35 p.m. Edmund Grant,Pet.6,moved to take up Article 2. Motion Adopted.
7:35 p.m. Presented by Edmund Grant,Pct.6.
ARTICLE 2: AMEND ZONING BY-LAW&MAP—45,55, and 65 Hayden Ave.
(Owner Article)
MOTION: That:
(a) the Zoning By-laws,Chapter 135 of the Code of the Town of Lexington,and
the Zoning Map of the Town of Lexington be amended by changing the district
designation of the land identified as lots Map 17,Parcels 20B and 21 A on the
Assessor's Map,and described in a certain metes and bounds description and
certain plans on file with the Planning Board and the Town Clerk as part of a
Preliminary Site Development and Use Plan dated September 29,2017(the
"PSDUP")from the current Planned Commercial District(CD-9)to a Planned
Development District to be identified as Planned Development District-2
("PD-2")as described in said PSDUP;and
(b) the zoning regulations and dimensional standards identified in the"Proposed
Motion"in the document entitled the"PSDUP Zoning Text"provided as Tab 4
to the PSDUP,on file with the Planning Board and the Town Clerk,and the plans
attached thereto as Appendix A,shall apply to said district PD-2.
IL-j , PD 2
dnMiN,—;YO `CZ ,O _ '!aiPMtN ^0 %
Figure 1:EaistingZoning Figure 2:Proposed Zoning
7:35 p.m. Mr.Grant stated that he would recuse himself from voting on the Article because he
was counsel for King Street Properties. He asked the Moderator to recognize Thomas Ragno,
founder and principal of King Street Properties.
7:36 p.m. Mr.Ragno introduced the King Street Properties team; Steve Lynch,principal,Robert
Albro,Managing Director,Robert Michaud,Traffic Engineer,and Rick Kuhn,Architect.Mr.Ragno
presented the proposal to change the zoning at 45,55,65 and 75 Hayden Avenue,from the current
Planned Commercial District(CD-9)to a Planned Development District(PD-2).He gave the history
of King Street Properties in Lexington and reviewed the company s tax contribution and contribution
to the life sciences industry,stating that Lexington was the largest"life science town"beside
Cambridge.He stated that the company proposed to replace a surface parking area with a new
laboratory building and high-rise parking building.He showed a proposed site plan,noting drainage,
wetland buffers,abutting conservation trails and dedicated parking for Town use.He briefly outlined
the terms of the Memorandum of Understanding between King Street Properties and the Town.
7:52 p.m. Richard Canale, Chair of the Planning Board,moved that the Report of the Planning
Board be received and placed on file.Motion Adopted.He presented the Board's Report and stated
unanimous support for Article 2.
7:57 p.m. Selectmen Doug Lucerne made brief comments and reported the unanimous support of
the Board.
7:57 p.m. John McWeeney,Chair of the Economic Development Advisory Committee(EDAC),
reported the support of the Committee,noting the increased tax revenue the project would generate.
7:58 p.m. James Shaw,Vice Chair of the Chamber of Commerce spoke in support and reported
the unanimous support of the Chamber.
8:01 P.M. Laurel Carpenter,Pct.2,questioned shuttle services to the development.Mr.Ragno
responded.
8:02 p.m. With no further questions,the Moderator called for the vote.
8:03 p.m. Following electronic vote tallying,the Moderator declared Article 2 Adopted by the
necessary two-thirds on a vote o£
Yes No Abstain
148 2 2 Approved by Attorney General
Maura Healey Jan.12,2017;
Posted January 16,2017.
8:03 P.M. The Moderator declared the meeting open under Article 12,and asked for a short
recess to enable the Community Preservation Committee to caucus.The Moderator reconvened the
meeting at 8:07 p.m.
8:07 p.m. Marilyn Fenollosa,Chair of the Community Preservation Committee,moved to take
up Article 12.Motion Adopted.
8:07 p.m. Presented by Marilyn Fenollosa,Chair of the Community Preservation Conunittee.
ARTICLE 12: APPROPRIATION FOR COMMUNITY PRESERVATION ACT PROJECTS
MOTION: That this article be indefinitely postponed.
8:07 p.m. Ms.Fenollosa presented the Community Preservation Committee's Report and
Addendum and moved that they be received and placed on file.Motion Adopted. She noted it had
been accepted by the Committee in a(7-0)vote. She explained the need for the indefinite
postponement.
8:10 P.M. Jill Hai,Chair of the Capital Expenditures Committee,reported unanimous support for
the indefinite postponement.
8:10 P.M. John Bartenstein, Chair of the Appropriation Committee,reported support,but no
formal vote.
8:10 P.M. Following a voice vote,the Moderator declared Article 12 Unanimously Adopted.
8:11 P.M. Selectman Douglas Lucerne moved to take up Article S.Motion Adopted.
8:11 P.M. Presented by Selectman Douglas Lucerne.
ARTICLE 8: APPRORIATE DESIGN FUNDS FOR VISITORS CENTER
MOTION: That the Town appropriate$150,000 for design, engineering and architectural services
including site work,exhibit design services,and cost estimating,and the preparation
of plans and specifications to construct a new Visitors Center and for the payment of
all other costs incidental or related thereto;and that to meet this appropriation
$150,000 be raised from the tax levy.
8:11 P.M. Mr.Lucerne reported the support of the Board in a(4-1)vote.He stated that the cost
of constructing a new Visitor Center was estimated at$4.5 million.
8:12 p.m. Patrick Goddard,former Director of Facilities,reviewed the history of the project to
date,presenting the programmatic needs,schematic design,floor plan layout,energy saving features
and estimated costs.He stated that the project would come before Annual Town Meeting in 2018 for
construction funding.
8:25 p.m. Jill Hai,Chair of the Capital Expenditures Committee,reported support of the
Committee in a(5-2)vote.
8:25 p.m. Eric Michelson,member of the Appropriation Committee,reported support of the
Committee in a(8-0-1)vote.
8:26 p.m. Dawn McKenna,Pct. 6,Chair of the Tourism Committee,urged support of the
Article,stating that the design was subject to modification and that every effort would be made to
reduce costs.
8:28 p.m. James Shaw,Vice Chair of the Chamber of Commerce,reported unanimous support of
the Chamber,stating that the Visitor Center was part of the"economic engine"of the Town.
8:32 p.m. In response to a question from Mark Andersen,Pct. 6,Don Mills,project architect,
addressed use of space in the proposed Center.Mr.Andersen questioned accessibility,to which Mr.
Mills explained that a LULA(Limited Use Limited Application)lift was proposed for access to the
second floor.He described it as a small elevator 42"x 68"and said that a variance had been received
for the lift by the Architectural Access Board of Massachusetts.
8:36 p.m. In response to a question from Robert Avallone,Pct. 8,Ms.McKenna described the
options for construction funding.
8:42 p.m. David Williams,Pct.5,expressed concern over accessibility.Mr.Mills responded,
explaining the design alternatives considered.
8:48 p.m. Albert Zabin,Pct. 1,suggested delaying the vote until the 2018 March Annual Town
Meeting.Ms.McKenna responded that the Tourism Committee was working toward completion
before 2020,when ten years of celebrations were to commence in the Boston area which would bring
an influx of visitors to Lexington.
8:53 p.m. Masha Traber,Pct. 5,spoke in support of the project.
8:56 p.m. Andrea Fribush,Pct.6,asked to hear the Board of Selectmen's minority report.
Selectman Joseph Pato responded,stating his concern over fiscal pressures and his preference to wait
until after the December debt exclusion vote.
8:57 p.m. Dirk Armstrong,Pct. 1,called the question.Motion Adopted.
8:58 p.m. Selectman Douglas Lucente made summary remarks and urged support.
8:59 p.m. Following electronic vote tallying,the Moderator declared Article 2 Adopted on a
vote of:
Yes No Abstain
103 45 7
9:00 P.M. Moderator Deborah Brown opened the meeting on Article 3 and 4,explaining that the
Articles would be discussed together,but voted separately. She welcomed citizens and members of
the public in attendance and explained parliamentary rules for debate.
9:01 P.M. Selectman Michelle Ciecolo moved to take up Articles 3 and 4.Motion Adopted.
9:01 P.M. Articles 3 and 4 presented by Selectman Michelle Ciecolo.
ARTICLE 3: AMEND GENERAL BYLAWS-RECREATIONAL DIARIJUANA
MOTION: That Chapter 97 of the Code of the Town of Lexington(Public Conduct)be amended
by adding a new § 97-5 as follows:
§97-5 Recreational Marijuana Facilities Prohibited
The operation of any marijuana establishment,as defined in G.L. c.94G, § 1,including,
without limitation,a marijuana cultivator,marijuana testing facility,marijuana product
manufacturer,marijuana retailer or any other type of licensed marijuana-related business,
within the Town of Lexington shall be prohibited.This prohibition shall not apply to the sale,
distribution or cultivation of marijuana for medical purposes licensed or registered pursuant to
Chapter 369 of the Acts of 2012.
ARTICLE 4:AMEND ZONING BYLAW-RECREATIONAL MARIJUANA MORATORIUM
MOTION:To amend the Zoning Bylaw,Chapter 135 of the Code of Lexington by adding a new
Section 135-3.1.7:
1. Definition. "Marijuana establishment"shall mean"a marijuana cultivator,marijuana
testing facility,marijuana product manufacturer,marijuana retailer or any other type of
licensed marijuana-related business."
2. Purpose. By vote at the State election on November 8,2016,the voters of the
Commonwealth approved a law entitled the Regulation and Taxation of Marijuana Act
(the"Act'),regulating the control and production and distribution of marijuana under a
system of licenses and regulations. Currently under the Zoning Bylaw,a Marijuana
Retailer or Establishment is not a permitted use in the Town. Regulations promulgated by
the Cannabis Control Commission are expected to provide guidance to the Town in
regulating marijuana sales and distribution. The regulation of marijuana raises novel and
complex legal,planning,and public safety issues and the Town needs time to study and
consider the regulation of Marijuana Retail or Distribution centers and address such novel
and complex issues,as well as to address the potential impact of the State regulations on
local zoning and to undertake a planning process to consider amending the Zoning Bylaw
regarding regulation of Marijuana Retail sales and distribution and other uses related to
the regulation of marijuana. The Town intends to adopt a temporary moratorium on the
use of land and structures in the Town for Marijuana Retail and Distribution so as to allow
the Town sufficient time to engage in a planning process to address the effects of such
structures and uses in the Town and to enact bylaws in a manner consistent with sound
land use planning goals and objectives.
3. Temporary Moratorium. For the reasons set forth above and notwithstanding any other
provision of the Zoning Bylaw to the contrary,the Town hereby adopts a temporary
moratorium on the use of land or structures for"Marijuana Establishments." The
moratorium shall be in effect through December 31,2018. During the moratorium period,
the Town shall undertake a planning process to address the potential impacts of marijuana
in the Town,consider the Cannabis Control Commission regulations regarding
"Marijuana Establishments"and related uses,and shall consider adopting new Zoning
Bylaws to address the impact and operation of Marijuana Establishments and related uses.
9:01 P.M. Ms.Ciccolo explained the need to pass both the prohibition under Article 3 and the
moratorium under Article 4,noting legal aspects and timing issues related to both options. She stated
the Town had voted down medical marijuana in a 47%to 53%vote in the 2016 State Election. She
reported Board of Selectmen support for both Articles(4-1),citing public health and safety concerns.
9:08 P.M. Richard Canale, Chair of the Planning Board,reported that the Board had no stand on
Article 3,and had taken a(4-1)vote prior to the meeting on Article 4.He reported the Board had
believed Article 4 would be indefinitely postponed.
9:09 P.M. Jessie Steigerwald,member,School Committee reported unanimous support of the
Committee for Article 3,stating concerns for student health and safety. She stated the Committee also
supported Article 4.
9:10 p.m. David Kanter,Pct. 7,questioned the permanency of the ban under Article 3.Town
Counsel,Mina Makarious responded that the permanent ban under Article 3 could be reversed until
the end of 2019.
9:15 p.m. Charles Hornig,Pct. 8,member of the Planning Board,questioned why the Board of
Selectmen would ban testing of marijuana.He urged a no vote on Article 3.
9:17 p.m. Dan Fenn,Pct.3,urged a yes vote on Article 3.
9:21 p.m. Glenn Parker,Pct. 3,noted that 47%of the Town had voted for the legalization of
recreational marijuana,and stated his opposition to both Articles.
9:25 p.m. David Kluchman,Pct.4,stated his objection to the Article 3 and proposed an
amendment.The Moderator reviewed his amendment,and called on Town Counsel who clarified the
term,"medical testing facility".
9:26 p.m. The Moderator gave Mr.Kluchman time to confer with Mr.Hornig to define his
amendment.
9:28 p.m. Martha Curland,a social worker and resident of 201 Wood Street,urged a yes vote on
Article 3,citing concerns for vulnerable adolescents.
AMENDMENT: David Kluchman,Pct.4,moved the following amendment:
That:the words,"other than marijuana testing facility"be inserted in line 1 of the motion,
directly after G.L.c.94G, § 1,and that the words"marijuana testing facility"be struck from
line 2.
9:36 p.m. Selectman Michelle Ciccolo reported Board opposition to the amendment,(4-1).
9:37 p.m. The School Committee reported support for the amendment.
9:38 p.m. Charles Hornig,Pct. 8,speaking from the floor,urged support for the amendment.
9:38 p.m. Albert Zabin,Pct. 1,urged a negative vote,citing lack of definition of the term,
"testing".
9:42 p.m. Mr.Makarious responded to questions regarding the term,"marijuana testing facility".
9:44 p.m. Bonnie Brodner,Pct. 3,questioned whether the passage of the amendment would still
require marijuana testing facilities to be subject to current zoning.Mr.Hornig responded in the
affirmative,stating that such a facility would only be allowed on Hartwell Avenue.
9:47 p.m. The Moderator called for the vote on Mr.Kluchman's amendment.
9:47 p.m. Following electronic vote tallying,the Moderator declared the Amendment to
Article 3 NOT Adopted on a vote of
Yes No Abstain
63 81 7
9:48 p.m. The Moderator returned to the main motion.
9:49 p.m. Brent Maracle,465 Lowell Street,a local clergyman,spoke of his work with at-risk
youth,and urged a yes vote on Article 3.
10:03 p.m. Thomas Griffiths,Pct.4,posed questions on youth binge drinking and marijuana use.
Ms. Steigerwald responded,quoting results of a Lexington Youth at Risk Survey.Mr.Griffiths spoke
in support of Article 4.
10:03 p.m. Joel Adler,Pct. 1, stated support for both Articles.
10:05 p.m. David Kanter,Pct.7,called the question.Motion Adopted.
10:05 p.m. Selectman Michelle Ciccolo gave summary remarks.
10:08 p.m. Following electronic vote tallying,the Moderator declared Article 3 Adopted on a
vote of:
Yes No Abstain Approved by Attorney General
109 35 6 Maura Healey Jan.18,2017;
Posted January 22,2017.
10:10 P.M. Following electronic vote tallying,the Moderator declared Article 4 Adopted by the
necessary two-thirds on a vote of:
Yes No Abstain
134 8 7 Approved by Attorney General
Maura Healey Jan.18,2017;
Posted January 22,2017.
10:12 p.m. Presented by Selectman,Michelle Ciccolo.
ARTICLE 5: AMEND FY2018 OPERATING AND ENTERPRISE FUNDS
MOTION: (a)That the following adjustments be made to the following line items for the FY2018
budget as approved under Article 4 of the 2017 Annual Town Meeting:
Line Item Program From To
2160 Property&Liability Insurance $ 713,893 $ 738,893
2180 Solar Producer Payments $ - $ 410,000
2210 Payment on Funded Debt $ 5,640,760 $ 7,992,247
2400 Facilities $10,402,987 $10,592,987
4100 Law Enforcement Expenses $ 872,527 $ 900,527
7100 Land Use Expenses $ 443,238 $ 495,738
8210 Town Manager Expenses $ 206,585 $ 224,585
8530 Town Clerk Personal Services $ 357,836 $ 366,236
8530 Town Clerk Expenses $ 120,250 $ 123,850
and,further,that said adjustments be financed from an appropriation of-
*
£• $36,500 —from the Parking Meter Fund for line items 4100 and 7100;and
• $25,000 —from the Transportation Management Overlay District(TMOD)Stabilization
Fund for line item 7100;and
• the remaining amounts be raised in the tax levy.
(b) That the following adjustment be made to the following line item for the FY2018 budget
to operate the Water Division of the Department of Public Works as approved under Article
5(a)of the 2017 Annual Town Meeting:
Program FromTo
MWRA Water Assessment $ 7,275,204 $ 7,246,531
Debt Service $ 1,466,428 $ 1,470,783
and,further that$95,100 be appropriated from Water Enterprise fund Retained Earnings in
addition to the$73,000 of Retained Earnings appropriated under Article 5(a)of the 2017
Annual Town Meeting.
(c) That the following adjustment be made to the following line item for the FY2018 budget
to operate the Water Division of the Department of Public Works as approved under Article
5(b)of the 2017 Annual Town Meeting:
Program From To
MWRA Wastewater Assessment $ 7,453,886 $ 7,402,979
10:12 p.m. Ms.Ciccolo reported unanimous support of the Board. She asked the Moderator to
recognize Town Manager,Carl Valente.
10:12 p.m. Mr.Valente reviewed adjustments to 2018 Revenue,the Operating Budget and Capital
Requests.
10:16 p.m. Ellen Basch,member of the Appropriation Committee,reported unanimous support of
the Committee.
10:16 p.m. With no questions,the Moderator called for the vote.
10:16 p.m. Following electronic vote tallying,the Moderator declared Article 5 Adopted by the
necessary two-thirds on a vote of:
Yes No Abstain
135 0 1
10:18 P.M. Selectman Suzanne Barry moved to take up Article 10.Motion Adopted.
10:18 P.M. Presented by Selectman Suzanne Barry.
ARTICLE 10:AMEND GENERAL BYLAWS-DISTRIBUTION OF TOWN
ELECTION/TOWN MEETING WARRANT
MOTION: That Chapter 118 of the Code of the Town of Lexington(Town Meetings)be amended
by deleting§118.1 and§118.2 in their entirety and substituting therefor the following:
§118-1 Town Meeting and Town Elections Called by Warrant
Every Town Meeting and every Town Election shall be called by a warrant directed to a
constable or other duly appointed person. Warrants for Town Meetings shall state the time
and place of holding the meeting and shall contain articles briefly setting forth the various
subject matters that may be considered and acted upon at each such meeting. Warrants for
Town Elections shall state the time and place of the election and shall contain the matters to
be voted upon at each Town Election.
§118-2 Posting and Notification of Availability of Warrants
The warrant for a Town Meeting shall be served by posting a printed copy thereof on the
official bulletin board of the Town Clerk in the Town Office Building not less than seven
days,and in the case of a Special Town Meeting not less than 14 days,before the date stated
in the warrant for holding such meeting,and also by sending by postal mail,postage prepaid,
a printed copy of each such warrant addressed to each Town Meeting Member at their place
of residence. Copies of all warrants shall be made available for public access electronically
on the Town website and in print format at municipal buildings designated by the Town
Clerk.
Notification of the availability of a warrant with information on where and how to obtain an
electronic or printed copy of the warrant,shall be sent by mail,postage prepaid,not less than
seven days,or in the case of a Special Town Meeting not less than 14 days,before the date
stated in the warrant for holding such meeting addressed to each dwelling house and to each
dwelling unit in multiple dwelling houses,apartment buildings or other buildings in the
Town,provided,however,that such notification shall not be considered part of the return of
service as required by§118-3.
The warrant for a Town Election shall be served by posting a printed copy thereof on the
official bulletin board of the Town Clerk in the Town Office Building and also by sending by
postal mail,postage prepaid,a printed copy of such warrant addressed to each dwelling house
and to each dwelling unit in multiple dwelling houses,apartment buildings or other buildings
in the Town not less than seven days before the date stated in the warrant for holding such
election.
The warrant for a State Election need only be served by posting a printed copy thereof on the
official bulletin board of the Town Clerk in the Town Office Building.
10:18 P.M. Ms.Barry presented the requested action,outlining the specifies of a By-law
amendment to allow for new distribution and notification guidelines for the Warrant for Annual
Town Meeting. She reported the unanimous support of the Board. She asked the Moderator to
recognize Norman Cohen,Pct.4,former Selectman.
10:22 p.m. Mr. Cohen explained the need for Article 10,noting that many Warrants are disposed
of after delivery.He stated that the inclusion of the Election Warrant puts an undue time constraint on
the preparation of the Annual Town Meeting Warrant.
10:24 p.m. Vicki Blier,Pct. 9,spoke against the Article,stating that she believed it was useful to
have paper copies available in households to inforin residents.
10:26 p.m. Dan Fenn,Pct. 3,stated his belief that the Town had an obligation to maximize citizen
engagement and urged a no vote.
10:31 p.m. Mary Ann Stewart,Pct. 1,questioned whether there was data on the number of
Warrants that are recycled/disposed. Selectman Suzanne Barry responded in the negative.
10:34 p.m. Thomas Griffiths,Pct.4,and Dawn McKenna,Pct. 6,expressed lack of support.
10:41 p.m. Marsha Baker,Pct.7,called the question.Motion Adopted.
10:42 p.m. Following electronic vote tallying,the Moderator declared Article 10 NOT Adopted
on a vote of:
Yes No Abstain
25 103 0
10:43 p.m. Presented by Kathryn Colburn,School Committee member.
ARTICLE 11:APPROPRIATE FOR LEXINGTON HIGH SCHOOL SECURITY SYSTEM
DESIGN
MOTION: That$31,000 be appropriated for the design,engineering and architectural services,
including production of construction documents,for the Lexington High School
Security System,and to meet this appropriation$31,000 be raised from the tax levy.
10:43 p.m. Ms.Colburn asked the Moderator to recognize Shawn Newell,Assistant Director of
Facilities.Mr.Newell explained the design process and possible upgrades to the security system at
the high school.
10:49 p.m. Selectman Joseph Pato reported unanimous support of the Board.
10:49 p.m. Lilly Yan,member of the Appropriations Committee,reported the unanimous support
of the Committee.
10:49 p.m. Jill Hai,Chair of the Capital Expenditures Committee,reported unanimous support.
10:51 p.m. Kenneth Shine,Pct.2,questioned the types of security measures currently needed.
Christopher Bouchard,Facilities Manager at the high school,responded.
10:52 p.m. Ms.Colburn addressed questions,stressing the priority of the project.
10:58 p.m. With no further questions,the Moderator called for the vote.
10:59 p.m. Following electronic vote tallying,the Moderator declared Article 11 Adopted on a
vote of:
Yes No Abstain
115 3 1
10:59 p.m. Selectman Suzanne Barry moved to dissolve Special Town Meeting#3.Motion
Adopted.
A true copy.
Attest:
Nathalie L.Rice,Town Clerk
October 16,2017 Special Town Meetings#2 and#3(2017-2,2017-3)
Moderator Deborah Brown called the 2017 Special Town Meeting#2 to order at 7:30 p.m.,Monday,
October 16,2017 in Margery Milne Baffin Hall in the Cary Memorial Building, 1605 Massachusetts
Avenue.A quorum in excess of 100 members was present.
Town Clerk,Nathalie L.Rice,read the Warrant for Special Town Meeting#2 until waived.The
Town Clerk read the Constable's Return of Service.
The Moderator made announcements,welcomed new Town Meeting Members,discussed
parliamentary procedures and called for the testing of the electronic voting units.
7:37 p.m. The Moderator declared Special Town Meeting 42 to be in recess.
October 16,2017 Special Town Meeting#3(2017-3)
Moderator Deborah Brown called the 2017 Special Town Meeting#3 to order at
7:38 p.m.,Monday,October 16,2017 in Margery Milne Battin Hall in the Cary Memorial Building,
1605 Massachusetts Avenue.A quorum in excess of 100 members was present.
Town Clerk,Nathalie L.Rice,read the Warrant for Special Town Meeting#3 until waived.The
Town Clerk read the Constable's Return of Service.
7:38 p.m. The Moderator declared Special Town Meeting 43 to be in recess. She recognized
Town Manager,Carl Valente,who introduced the Town's new Management Fellow,Rajon Hudson,
and new members of senior and middle management staff including Melissa Interess,Assistant
Director of Senior Services,Christine Dean,Director of the Community Center,Anne Kostos,
Human Resources Director,and Michael Cronin,Director of Facilities.
October 16,2017 Special Town Meeting#2(2017-2)
7:42 p.m. The Moderator called Special Town Meeting#2 back to order and open under
Article 1.
ARTICLE 1:REPORTS OF TOWN BOARDS,OFFICERS,COMMITTEES
7:43 p.m. Suzanne Barry, Chair of the Board of Selectmen,moved that the Town Manager's
Report be received and placed on file.Motion Adopted. She asked the Moderator to recognize Town
Manager,Carl Valente,and Finance Director,Carolyn Kosnoff.Mr.Valente and Ms.Kosnoff
presented the"Capital Financing Model and Property Tax Mitigation Plan",which outlined the
financial impacts of Articles 2,3,4,and 5.
7:55 p.m. Jill Hai,Chair of the Capital Expenditures Committee,moved the Report of the
Committee be received and placed on file.Unanimously Adopted.
7:55 p.m. John Bartenstein, Chair of the Appropriation Committee,moved the Report of the
Committee be received and placed on file. Unanimously Adopted.
7:56 p.m. Alessandro Alessandrini,Chair of the School Committee,moved the Report of the
Committee be received and placed on file.Unanimously Adopted.
7:57 p.m. Superintendent Dr.Mary Czajkowski presented the Report of the School Committee.
7:59 p.m. Mr.Alessandrini moved to take up Article 2.Motion Adopted.
7:59 p.m. Presented by Mr. Alessandrini.
ARTICLE 2: APPROPRIATE FOR HASTINGS SCHOOL CONSTRUCTION
MOTION: That the Town appropriate the amount of sixty-three million,fifty-nine thousand,four-
hundred eighteen dollars($63,059,418)for the purpose of paying costs to demolish
the existing Maria Hastings Elementary School and to construct,originally equip and
furnish a new Maria Hastings Elementary School to be located at 7 Crosby Road in
Lexington,including the payment of all costs incidental or related thereto(the
"Project"),which school facility shall have an anticipated useful life as an educational
facility for the instruction of school children for at least 50 years,and for which the
October 16, 2017 Special Town Meeting#2 cont...
Town may be eligible for a grant from the Massachusetts School Building Authority
("MSBA"),said amount to be expended under the direction of Permanent Building
Committee.To meet this appropriation the Board of Selectmen is authorized to borrow
said amount under 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 project
costs the Town incurs in excess of any grant approved by and received from the
MSBA shall be the sole responsibility of the Town;provided further that any grant
that the Town may receive from the MSBA for the Project shall not exceed the lesser
of(1)35.79%of eligible,approved project costs,as determined by the MSBA,or(2)
the total maximum grant amount determined by the MSBA;provided that any
appropriation hereunder shall be subject to and contingent upon an affirmative vote of
the Town to exempt the amounts required for the payment of interest and principal on
said borrowing from the limitations on taxes imposed by M.G.L. 59,Section 21C
(Proposition 2'/2);and that the amount of borrowing authorized pursuant to this vote
shall be reduced by any grant amount set forth in the Project Funding Agreement that
may be executed between the Town and the MSBA.Any premium received by the
Town upon the sale of any bonds or notes approved by this vote,less any such
premium applied to the payment of the costs of issuance of such bonds or notes,may
be applied to the payment of costs approved by this vote in accordance with M.G.L
Chapter 44,Section 20,thereby reducing the amount authorized to be borrowed to pay
such costs by a like amount.
7:59 p.m. Mr.Goddard presented the Hastings School Construction and Design Summary,
reviewing current needs,the site plan,proposed construction and LEEDS certification.He
summarized major elements of the budget and presented a construction timeline.
8:13 p.m. Joseph Pato,member of the Board of Selectmen,reported unanimous support of the
Board,and gave a brief report.He explained the MSBA(Massachusetts School Building Authority)
grant process and stated that the vote taken on Article 2 would be contingent on a positive vote in the
December Special Town Election(Debt Exclusion vote).
8:15 p.m. Jill Hai,Chair of the Capital Expenditures Committee,reported unanimous support of
the Committee.
8:16 p.m. Andrei Radulescu-Bann,member of the Appropriation Committee reported support of
the Committee(7-0-2).
8:16 p.m. Judy Crocker,Pct. 5,questioned whether an expansion area had been considered for
the new Hastings building after design changes shifted its location.Mr.Goddard responded that the
additional space for future needs had not been precluded,and would be addressed going forward.
8:18 P.M. Anthony Galaitsis,Pct. 5,questioned impacts of moving the new classroom space
closer to Route 128.Mr.Goddard responded that attention was paid to noise reduction,including
design requirements for highly insulated glass.
8:21 p.m. Michael Boudett Pct.4,questioned whether Mr.Valente's debt analysis had included
the construction of a new high school.Mr.Valente responded in the negative.Mr.Alessandrini,
Chair of the School Committee,commented on current Committee plans for the high school.
8:26 p.m. Mark Andersen,Pct. 6,questioned the timing and financial impact of a seventh
preschool.Mr.Alessandrini responded.Mr.Anderson also questioned the financial impacts of Visitor
Center and Cemetery upgrades.Mr.Valente,Town Manager,responded that the tax analysis did not
include the Visitor Center,and that the Cemetery had its own revenue source.
8:33 p.m. Antony Rinaldi, 19 Garfield Street,a 5th grader at the Hastings School,described
current conditions at the Hastings School.
8:35 p.m. Mr.Valente addressed questions raised earlier by Michael Boudett,Pct.4,regarding
the projected 2.5%growth of the tax base per year.
8:35 p.m. With no further questions,the Moderator called for the vote.
8:36 p.m. Following electronic vote tallying,the Moderator declared Article 2 Adopted by the
necessary two-thirds on a vote of:
Yes No Abstain
156 1 3
8:36 p.m. Selectman,Michelle Ciecolo,recused herself from discussion and voting on Article 3
due to a potential conflict of interest.
October 16, 2017 Special Town Meeting#2 cont...
8:37 p.m. Presented by Jessie Steigerwald,School Committee member.
ARTICLE 3: APPROPRIATE DESIGN FUNDS FOR LEXINGTON CHILDREN'S
PLACE/20 PELHAM ROAD
MOTION: That$2,500,000 be appropriated for design,engineering and architectural services,
including production of construction documents,and for construction costs,including
demolition of the existing building and site work for the Lexington Children's Place to
be located at 20 Pelham Road in Lexington,and that to meet this appropriation the
Treasurer,with the approval of the Board of Selectmen,is authorized to borrow
$2,500,000 under M.G.L. Chapter 44, Section 7,or any other enabling authority,
provided that no sums shall be borrowed or expended pursuant to this vote unless the
Town shall have voted to exclude the amounts needed to repay any borrowing
pursuant to this vote from the limitations on the property tax levy imposed by M.G.L.
Chapter 59,Section 21C(otherwise known as Proposition 2'/z).Any premium
received by the Town upon the sale of any bonds or notes approved by this vote,less
any such premium applied to the payment of the costs of issuance of such bonds or
notes,may be applied to the payment of costs approved by this vote in accordance
with M.G.L.Chapter 44, Section 20,thereby reducing the amount authorized to be
borrowed to pay such costs by a like amount.
8:37 p.m. Ms. Steigerwald moved that the School Committee's Report on Article 3 be received
and placed on file. Unanimously Adopted. She presented the Report and stated the unanimous
support of the Committee.
8:42 p.m. Superintendent Dr.Mary Czajkowski reviewed the history of Lexington Children's
Place,its services,and the impact termination of services would have on Lexington's special needs
children. She stated that out-of-district placement for children with special needs would cost the
Town a minimum of$20,000/year/child plus transportation costs. She asked the Moderator to
recognize Patrick Goddard,former Director of Facilities.
8:45 p.m. Mr.Goddard discussed programmatic needs,site plan modifications,possible
Community Center use and a preliminary construction budget.
8:55 p.m. Selectman,Douglas Lucente,reported the support of the Board in a(4-0)vote,with
one recusal.
8:56 p.m. Jill Hai,Chair of the Capital Expenditures Committee,reported the unanimous support
of the Committee.
8:57 p.m. Helen Yang,member of the Appropriation Committee,reported support of the
Committee in a(7-0-2)vote.Member Al Levine delivered a brief majority report.
9:01 P.M. Mark Andersen,Pct. 6,suggested deferring a vote on the project in light of future
needs for a new high school and a seventh elementary school.
9:03 p.m. Robert Avallone,Pet. 8,sought clarification of the two abstentions in the
Appropriation Committee vote.Mr.Bartenstein,Chair of the Committee,responded that the two
members did not oppose the project,but felt the cost could not be justified at the current time.
9:05 p.m. In response to a question,Mr.Goddard reported that it would cost$250,000 to
renovate the vacated Children's Place classrooms for use by Harrington School students.
9:05 p.m. Nicola Rinaldi, 19 Garfield Street,mother of a student at the Children's Place,spoke
in support.
9:09 P.M. In response to a question,Selectman Suzanne Bally explained that the ballot in the
December Special Election would have three separate questions,giving voters the option to vote each
appropriation separately.
9:13 p.m. Carol Millard, 85 North Street,Special Education Parent Advisory Council liaison at
the high school,urged a yes vote, as did Bonnie Brodner,Pct.3.
9:18 P.M. Gloria Bloom,Pct.4,questioned mandated versus non-mandated enrollment and
tuition costs.Mr.Goddard responded.
9:20 p.m. Harry Forsdick,Pct. 7,spoke in support,relating his son's positive experience at the
Children's Place.
9:23 p.m. Bridger McGaw,Pct.6,questioned funding options and the debt burden contributed
by CPA projects.Town Manager,Carl Valente responded.
9:27 p.m. Claire Sheth,Pct.4,questioned alternatives to the Pelham Road site.Mr.Goddard
responded.
9:32 p.m. Steven McKenna,Pct.6,called the question.
9:32 p.m. The Moderator called for a voice vote on calling the question.Motion Adopted.
9:32 p.m. Ms. Steigerwald made closing remarks.
9:35 p.m. Following electronic vote tallying,the Moderator declared Article 3 Adopted by the
necessary two-thirds on a vote of:
October 16, 2017 Special Town Meeting#2 cont...
Yes No Abstain
144 5 9
9:37 p.m. The Moderator declared that Article 4 and 5 would be presented and discussed
together,but voted separately.
9:37 p.m. Presented by Selectman Peter Kelley.
ARTICLE 4: APPROPRIATE DESIGN FUNDS FOR FIRE HEADQUARTERS
MOTION: That$676,300 be appropriated for design,engineering and architectural services,
including production of construction documents,for a new Fire Headquarters and that
to meet this appropriation the Treasurer,with the approval of the Board of Selectmen,
is authorized to borrow$676,300 under M.G.L.Chapter 44,Section 7,or any other
enabling authority,provided that no sums shall be borrowed or expended pursuant to this
vote unless the Town shall have voted to exclude the amounts needed to repay any
borrowing pursuant to this vote from the limitations on the property tax levy imposed by
M.G.L.Chapter 59,Section 21C(otherwise known as Proposition 2'/2). Any premium
received by the Town upon the sale of any bonds or notes approved by this vote,less any
such premium applied to the payment of the costs of issuance of such bonds or notes,may
be applied to the payment of costs approved by this vote in accordance with M.G.L.
Chapter 44,Section 20,thereby reducing the amount authorized to be borrowed to pay
such costs by a like amount.
ARTICLE 5: APPROPRIATE FOR TEMPORARY FIRE STATION CONSTRUCTION
MOTION: That$2,140,000 be appropriated for design,engineering,and architectural services,
including production of construction documents,and for the construction phase,of a
temporary fire station to be located at 173 Bedford Street in Lexington,including
signalization and access improvements,and that to meet this appropriation the
Treasurer,with the approval of the Board of Selectmen is authorized to borrow
$2,140,000 under M.G.L.Chapter 44, Section 7,or any other enabling authority,
provided that no sums shall be borrowed or expended pursuant to this vote unless the
Town shall have voted to exclude the amounts needed to repay any borrowing pursuant to
this vote from the limitations on the property tax levy imposed by M.G.L.Chapter 59,
Section 21 C(otherwise known as Proposition 2 ''/z). Any premium received by the Town
upon the sale of any bonds or notes approved by this vote,less any such premium applied
to the payment of the costs of issuance of such bonds or notes,may be applied to the
payment of costs approved by this vote in accordance with M.G.L.Chapter 44,Section
20,thereby reducing the amount authorized to be borrowed to pay such costs by a like
amount.
9:37 p.m. Selectman Peter Kelley spoke briefly and reported unanimous support of the Board.
9:40 p.m. Patrick Goddard,former Director of Facilities,gave a detailed presentation,showing
the site plan,elevation views,costs,and energy saving measures.He outlined a timeline for
relocation of the Fire Department to the Liberty Mutual building,stating that the move was scheduled
for early summer of 2018 with a return date to the new facility in early 2019.
9:51 p.m. The Moderator sought confirmation that the appropriation under Article 5 was
$2,140,000.Mr.Goddard and Mr.Valente concurred.
9:52 p.m. Jill Hai,Chair of the Capital Expenditures Committee,reported unanimous support of
the Committee for Articles 4 and 5.
9:51 p.m. Sanjay Padaki,member of the Appropriation Committee,reported unanimous support
of the Committee for Articles 4 and 5.
9:53 p.m. Joel Adler,Pct. 1,questioned costs and the bidding process.Mr.Goddard responded.
9:56 p.m. With no further questions,the Moderator called for a vote on Articles 4 and 5.
9:56 p.m. Following electronic vote tallying,the Moderator declared Article 4 Adopted by the
necessary two-thirds on a vote of:
Yes No Abstain
151 0 1
9:57 p.m. Following electronic vote tallying,the Moderator declared Article 5 Adopted by the
necessary two-thirds on a vote of:
Yes No Abstain
153 0 2
October 16, 2017 Special Town Meetings#2 and#3 cont...
9:59 p.m. Selectman Joseph Pato,moved to dissolve Special Town Meeting#2.Motion
Adopted.
A true copy.
Attest:
Nathalie L.Rice,Town Clerk
October 16,2017 Special Town Meetings#3(2017-3)
9:57 p.m. The Moderator called Special Town Meeting 43 back to order and open under
Article 1.
ARTICLE 1:REPORTS OF TOWN BOARDS,OFFICERS,COMMITTEES
9:59 P.M. Jill Hai,Chair of the Capital Expenditures Committee,moved the Report of the
Committee be received and placed on file.Unanimously Adopted.
9:59 p.m. John Bartenstein, Chair of the Appropriation Committee,moved the Report of the
Committee be received and placed on file.Unanimously Adopted.
10:00 P.M. Selectman Joseph Pato moved to take up Article 6.Motion Adopted.
10:00 P.M. Presented by Selectman Joseph Pato.
ARTICLE 6: ESTABLISH AND APPROPRIATE TO AND FROM SPECIFIED
STABILIZATION FUNDS
1\TOTION:
a) That$200,000 be appropriated to the Traffic Mitigation Stabilization Fund;
b) That$126,765 be appropriated to the Transportation Demand Management/Public
Transportation Stabilization Fund;and
c) That$258,355 be appropriated to the Transportation Management Overlay District
(TMOD)Stabilization Fund.
10:00 P.M. Mr.Pato addressed the purpose of Article 6,and explained each section.
10:02 p.m. John Bartenstein, Chair of the Appropriation Committee,reported unanimous support
of the Committee.
10:02 p.m. Jill Hai,Chair of the Capital Expenditures Committee,reported unanimous support of
the Committee for section(a).
10:03 p.m. With no questions from the floor,the Moderator called for the vote.
10:03 p.m. Following a voice vote,the Moderator declared Article 6 Unanimously Adopted.
10:04p.m. Presented by Selectman, Suzanne Barry.
ARTICLE 7: AMEND REVOLVING FUND AUTHORIZATION
MOTION: That the Town amend the authorization to the following revolving funds approved
pursuant to Article 9 of the 2017 Annual Town Meeting pursuant to the provisions of
M.G.L.Chapter 44,Section 53E%Z for Fiscal Year 2018 beginning July 1,2017:
Program From To
DPW Compost Operations $755,000 $897,000
Building Rental $475,000 $525,000
10:04 p.m. Ms.Barry explained the need for amendments to 2017 revolving fund authorizations.
10:04 p.m. David Kanter,Pct. 7,member of the Capital Expenditures Committee, sought
confirmation that the increase for the DPW Compost Operation was$142,000.Ms.Barry confirmed.
10:05 p.m. John Bartenstein, Chair,Appropriation Committee,reported unanimous support of the
Committee.
10:05 p.m. Jill Hai,Chair,Capital Expenditures Committee,reported support of the Committee
for the DPW Compost Operations authorization.
10:06 p.m. With no questions from the floor,the Moderator called for the vote.
10:06 p.m. Following a voice vote,the Moderator declared Article 7 Unanimously Adopted.
10:07 p.m. Selectman Joseph Pato moved to take up Article 9.Motion Adopted.
10:07 p.m. Presented by Selectman,Joseph Pato.
ARTICLE 9: APPROPRIATE FOR SOLID WASTE EQUIPMENT
MOTION: That this article be indefinitely postponed.
October 16, 2017 Special Town Meeting#3 cont...
10:08 P.M. Mr.Pato explained the Article was deemed to be unnecessary.
10:08 P.M. With no questions from the floor,the Moderator called for the vote.
10:08 P.M. Following a voice vote,the Moderator declared Article 9 Unanimously Adopted.
10:08 P.M. Suzanne Barry,Chair of the Board of Selectmen moved to take up Article 13.Motion
Adopted.
10:08 P.M. Presented by Selectman Suzanne Barry.
ARTICLE 13:APPROPRIATE FOR AUTHORIZED CAPITAL IMPROVEMENTS
MOTION: That this article be indefinitely postponed.
10:08 P.M. Ms.Barry reported unanimous support of the Board.
10:08 P.M. With no questions from the floor,the Moderator called the question.
10:08 P.M. Following a voice vote,the Moderator declared Article 13 Unanimously Adopted.
10:08 P.M. Ms.Barry moved to adjourn Special Town Meeting#3 until 7:30 p.m.on Wednesday,
October 18,2017 in the Margery Milne Baffin Hall in the Cary Memorial Building, 1605
Massachusetts Avenue.Motion Adopted.
A true copy.
Attest:
Nathalie L.Rice,Town Clerk
October 18,2017 Special Town Meetings#3(2017-3)
Moderator Deborah Brown called the 2017 Special Town Meeting 93 to order at 7:30 p.m.,Monday,
October 18,2017 in Margery Milne Battin Hall in the Cary Memorial Building, 1605 Massachusetts
Avenue.A quorum in excess of 100 members was present.
The Moderator made announcements and called for the testing of the electronic voting units. She
declared the meeting open under Article 2.
7:35 p.m. Edmund Grant,Pet.6,moved to take up Article 2. Motion Adopted.
7:35 p.m. Presented by Edmund Grant,Pct.6.
ARTICLE 2: AMEND ZONING BY-LAW&MAP—45,55, and 65 Hayden Ave.
(Owner Article)
MOTION: That:
(a) the Zoning By-laws,Chapter 135 of the Code of the Town of Lexington,and
the Zoning Map of the Town of Lexington be amended by changing the district
designation of the land identified as lots Map 17,Parcels 20B and 21 A on the
Assessor's Map,and described in a certain metes and bounds description and
certain plans on file with the Planning Board and the Town Clerk as part of a
Preliminary Site Development and Use Plan dated September 29,2017(the
"PSDUP")from the current Planned Commercial District(CD-9)to a Planned
Development District to be identified as Planned Development District-2
("PD-2")as described in said PSDUP;and
(b) the zoning regulations and dimensional standards identified in the"Proposed
Motion"in the document entitled the"PSDUP Zoning Text"provided as Tab 4
to the PSDUP,on file with the Planning Board and the Town Clerk,and the plans
attached thereto as Appendix A,shall apply to said district PD-2.
IL-j , PD 2
dnMiN,—;YO `CZ ,O _ '!aiPMtN ^0 %
Figure 1:EaistingZoning Figure 2:Proposed Zoning
October 18, 2017 Special Town Meeting#3 cont...
7:35 p.m. Mr.Grant stated that he would recuse himself from voting on the Article because he
was counsel for King Street Properties. He asked the Moderator to recognize Thomas Ragno,
founder and principal of King Street Properties.
7:36 p.m. Mr.Ragno introduced the King Street Properties team; Steve Lynch,principal,Robert
Albro,Managing Director,Robert Michaud,Traffic Engineer,and Rick Kuhn,Architect.Mr.Ragno
presented the proposal to change the zoning at 45,55,65 and 75 Hayden Avenue,from the current
Planned Commercial District(CD-9)to a Planned Development District(PD-2).He gave the history
of King Street Properties in Lexington and reviewed the company s tax contribution and contribution
to the life sciences industry,stating that Lexington was the largest"life science town"beside
Cambridge.He stated that the company proposed to replace a surface parking area with a new
laboratory building and high-rise parking building.He showed a proposed site plan,noting drainage,
wetland buffers,abutting conservation trails and dedicated parking for Town use.He briefly outlined
the terms of the Memorandum of Understanding between King Street Properties and the Town.
7:52 p.m. Richard Canale, Chair of the Planning Board,moved that the Report of the Planning
Board be received and placed on file.Motion Adopted.He presented the Board's Report and stated
unanimous support for Article 2.
7:57 p.m. Selectmen Doug Lucente made brief comments and reported the unanimous support of
the Board.
7:57 p.m. John McWeeney,Chair of the Economic Development Advisory Committee(EDAC),
reported the support of the Committee,noting the increased tax revenue the project would generate.
7:58 p.m. James Shaw,Vice Chair of the Chamber of Commerce spoke in support and reported
the unanimous support of the Chamber.
8:01 P.M. Laurel Carpenter,Pct.2,questioned shuttle services to the development.Mr.Ragno
responded.
8:02 p.m. With no further questions,the Moderator called for the vote.
8:03 p.m. Following electronic vote tallying,the Moderator declared Article 2 Adopted by the
necessary two-thirds on a vote o£
Yes No Abstain
148 2 2 Approved by Attorney General
Maura Healey Jan.12,2017;
Posted January 16,2017.
8:03 p.m. The Moderator declared the meeting open under Article 12,and asked for a short
recess to enable the Community Preservation Committee to caucus.The Moderator reconvened the
meeting at 8:07 p.m.
8:07 p.m. Marilyn Fenollosa,Chair of the Community Preservation Committee,moved to take
up Article 12.Motion Adopted.
8:07 p.m. Presented by Marilyn Fenollosa,Chair of the Community Preservation Connnittee.
ARTICLE 12: APPROPRIATION FOR COMMUNITY PRESERVATION ACT PROJECTS
MOTION: That this article be indefinitely postponed.
8:07 p.m. Ms.Fenollosa presented the Community Preservation Committee's Report and
Addendum and moved that they be received and placed on file.Motion Adopted. She noted it had
been accepted by the Committee in a(7-0)vote. She explained the need for the indefinite
postponement.
8:10 P.M. Jill Hai,Chair of the Capital Expenditures Committee,reported unanimous support for
the indefinite postponement.
8:10 P.M. John Bartenstein, Chair of the Appropriation Committee,reported support,but no
formal vote.
8:10 P.M. Following a voice vote,the Moderator declared Article 12 Unanimously Adopted.
8:11 P.M. Selectman Douglas Lucente moved to take up Article S.Motion Adopted.
8:11 P.M. Presented by Selectman Douglas Lucente.
ARTICLE 8: APPRORIATE DESIGN FUNDS FOR VISITORS CENTER
MOTION: That the Town appropriate$150,000 for design, engineering and architectural services
including site work,exhibit design services,and cost estimating,and the preparation
of plans and specifications to construct a new Visitors Center and for the payment of
all other costs incidental or related thereto;and that to meet this appropriation
$150,000 be raised from the tax levy.
8:11 P.M. Mr.Lucente reported the support of the Board in a(4-1)vote.He stated that the cost
of constructing a new Visitor Center was estimated at$4.5 million.
October 18, 2017 Special Town Meeting#3 cont...
8:12 p.m. Patrick Goddard,former Director of Facilities,reviewed the history of the project to
date,presenting the programmatic needs,schematic design,floor plan layout,energy saving features
and estimated costs.He stated that the project would come before Annual Town Meeting in 2018 for
construction funding.
8:25 p.m. Jill Hai,Chair of the Capital Expenditures Committee,reported support of the
Committee in a(5-2)vote.
8:25 p.m. Eric Michelson,member of the Appropriation Committee,reported support of the
Committee in a(8-0-1)vote.
8:26 p.m. Dawn McKenna,Pct. 6,Chair of the Tourism Committee,urged support of the
Article,stating that the design was subject to modification and that every effort would be made to
reduce costs.
8:28 p.m. James Shaw,Vice Chair of the Chamber of Commerce,reported unanimous support of
the Chamber,stating that the Visitor Center was part of the"economic engine"of the Town.
8:32 p.m. In response to a question from Mark Andersen,Pct. 6,Don Mills,project architect,
addressed use of space in the proposed Center.Mr.Andersen questioned accessibility,to which Mr.
Mills explained that a LULA(Limited Use Limited Application)lift was proposed for access to the
second floor.He described it as a small elevator 42"x 68"and said that a variance had been received
for the lift by the Architectural Access Board of Massachusetts.
8:36 p.m. In response to a question from Robert Avallone,Pct. 8,Ms.McKenna described the
options for constriction funding.
8:42 p.m. David Williams,Pct.5,expressed concern over accessibility.Mr.Mills responded,
explaining the design alternatives considered.
8:48 p.m. Albert Zabin,Pct. 1,suggested delaying the vote until the 2018 March Annual Town
Meeting.Ms.McKenna responded that the Tourism Committee was working toward completion
before 2020,when ten years of celebrations were to commence in the Boston area which would bring
an influx of visitors to Lexington.
8:53 p.m. Masha Traber,Pct. 5,spoke in support of the project.
8:56 p.m. Andrea Fribush,Pct.6,asked to hear the Board of Selectmen's minority report.
Selectman Joseph Pato responded,stating his concern over fiscal pressures and his preference to wait
until after the December debt exclusion vote.
8:57 p.m. Dirk Armstrong,Pct. 1,called the question.Motion Adopted.
8:58 p.m. Selectman Douglas Lueente made summary remarks and urged support.
8:59 p.m. Following electronic vote tallying,the Moderator declared Article 2 Adopted on a
vote of:
Yes No Abstain
103 45 7
9:00 P.M. Moderator Deborah Brown opened the meeting on Article 3 and 4,explaining that the
Articles would be discussed together,but voted separately. She welcomed citizens and members of
the public in attendance and explained parliamentary rules for debate.
9:01 P.M. Selectman Michelle Ciecolo moved to take up Articles 3 and 4.Motion Adopted.
9:01 P.M. Articles 3 and 4 presented by Selectman Michelle Ciecolo.
ARTICLE 3: AMEND GENERAL BYLAWS-RECREATIONAL DIARIJUANA
MOTION: That Chapter 97 of the Code of the Town of Lexington(Public Conduct)be amended
by adding a new § 97-5 as follows:
§97-5 Recreational Marijuana Facilities Prohibited
The operation of any marijuana establishment,as defined in G.L. c.94G, § 1,including,
without limitation,a marijuana cultivator,marijuana testing facility,marijuana product
manufacturer,marijuana retailer or any other type of licensed marijuana-related business,
within the Town of Lexington shall be prohibited.This prohibition shall not apply to the sale,
distribution or cultivation of marijuana for medical purposes licensed or registered pursuant to
Chapter 369 of the Acts of 2012.
ARTICLE 4:AMEND ZONING BYLAW-RECREATIONAL MARIJUANA MORATORIUM
MOTION:To amend the Zoning Bylaw,Chapter 135 of the Code of Lexington by adding a new
Section 135-3.1.7:
1. Definition. "Marijuana establishment"shall mean"a marijuana cultivator,marijuana
testing facility,marijuana product manufacturer,marijuana retailer or any other type of
licensed marijuana-related business."
2. Purpose. By vote at the State election on November 8,2016,the voters of the
Commonwealth approved a law entitled the Regulation and Taxation of Marijuana Act
October 18, 2017 Special Town Meeting#3 cont...
(the"Act'),regulating the control and production and distribution of marijuana under a
system of licenses and regulations. Currently under the Zoning Bylaw,a Marijuana
Retailer or Establishment is not a permitted use in the Town. Regulations promulgated by
the Cannabis Control Commission are expected to provide guidance to the Town in
regulating marijuana sales and distribution. The regulation of marijuana raises novel and
complex legal,planning,and public safety issues and the Town needs time to study and
consider the regulation of Marijuana Retail or Distribution centers and address such novel
and complex issues,as well as to address the potential impact of the State regulations on
local zoning and to undertake a planning process to consider amending the Zoning Bylaw
regarding regulation of Marijuana Retail sales and distribution and other uses related to
the regulation of marijuana. The Town intends to adopt a temporary moratorium on the
use of land and structures in the Town for Marijuana Retail and Distribution so as to allow
the Town sufficient time to engage in a planning process to address the effects of such
structures and uses in the Town and to enact bylaws in a manner consistent with sound
land use planning goals and objectives.
3. Temporary Moratorium. For the reasons set forth above and notwithstanding any other
provision of the Zoning Bylaw to the contrary,the Town hereby adopts a temporary
moratorium on the use of land or structures for"Marijuana Establishments." The
moratorium shall be in effect through December 31,2018. During the moratorium period,
the Town shall undertake a planning process to address the potential impacts of marijuana
in the Town,consider the Cannabis Control Commission regulations regarding
"Marijuana Establishments"and related uses,and shall consider adopting new Zoning
Bylaws to address the impact and operation of Marijuana Establishinents and related uses.
9:01 P.M. Ms.Ciccolo explained the need to pass both the prohibition under Article 3 and the
moratorium under Article 4,noting legal aspects and timing issues related to both options. She stated
the Town had voted down medical marijuana in a 47%to 53%vote in the 2016 State Election. She
reported Board of Selectmen support for both Articles(4-1),citing public health and safety concerns.
9:08 P.M. Richard Canale, Chair of the Planning Board,reported that the Board had no stand on
Article 3,and had taken a(4-l)vote prior to the meeting on Article 4.He reported the Board had
believed Article 4 would be indefinitely postponed.
9:09 P.M. Jessie Steigerwald,member,School Committee reported unanimous support of the
Committee for Article 3,stating concerns for student health and safety. She stated the Committee also
supported Article 4.
9:10 p.m. David Kanter,Pct. 7,questioned the permanency of the ban under Article 3.Town
Counsel,Mina Makarious responded that the permanent ban under Article 3 could be reversed until
the end of 2019.
9:15 p.m. Charles Hornig,Pct. 8,member of the Planning Board,questioned why the Board of
Selectmen would ban testing of marijuana.He urged a no vote on Article 3.
9:17 p.m. Dan Fenn,Pct.3,urged a yes vote on Article 3.
9:21 p.m. Glenn Parker,Pct. 3,noted that 47%of the Town had voted for the legalization of
recreational marijuana,and stated his opposition to both Articles.
9:25 p.m. David Kluchman,Pct.4,stated his objection to the Article 3 and proposed an
amendment.The Moderator reviewed his amendment,and called on Town Counsel who clarified the
term,"medical testing facility".
9:26 p.m. The Moderator gave Mr.Kluchman time to confer with Mr.Hornig to define his
amendment.
9:28 p.m. Martha Curland,a social worker and resident of 201 Wood Street,urged a yes vote on
Article 3,citing concerns for vulnerable adolescents.
AMENDMENT: David Kluchman,Pct.4,moved the following amendment:
That:the words,"other than marijuana testing facility"be inserted in line 1 of the motion,
directly after G.L.c.94G, § 1,and that the words"marijuana testing facility"be struck from
line 2.
9:36 p.m. Selectman Michelle Ciccolo reported Board opposition to the amendment,(4-1).
9:37 p.m. The School Committee reported support for the amendment.
9:38 p.m. Charles Hornig,Pct. 8,speaking from the floor,urged support for the amendment.
9:38 p.m. Albert Zabin,Pct. 1,urged a negative vote,citing lack of definition of the term,
"testing".
9:42 p.m. Mr.Makarious responded to questions regarding the term,"marijuana testing facility".
October 18, 2017 Special Town Meeting#3 cont...
9:44 p.m. Bonnie Brodner,Pct. 3,questioned whether the passage of the amendment would still
require marijuana testing facilities to be subject to current zoning.Mr.Hornig responded in the
affirmative,stating that such a facility would only be allowed on Hartwell Avenue.
9:47 p.m. The Moderator called for the vote on Mr.Kluchman's amendment.
9:47 p.m. Following electronic vote tallying,the Moderator declared the Amendment to
Article 3 NOT Adopted on a vote of
Yes No Abstain
63 81 7
9:48 p.m. The Moderator returned to the main motion.
9:49 p.m. Brent Maracle,465 Lowell Street,a local clergyman,spoke of his work with at-risk
youth,and urged a yes vote on Article 3.
10:03 p.m. Thomas Griffiths,Pct.4,posed questions on youth binge drinking and marijuana use.
Ms. Steigerwald responded,quoting results of a Lexington Youth at Risk Survey.Mr.Griffiths spoke
in support of Article 4.
10:03 p.m. Joel Adler,Pct. 1, stated support for both Articles.
10:05 p.m. David Kanter,Pct.7,called the question.Motion Adopted.
10:05 p.m. Selectman Michelle Ciccolo gave summary remarks.
10:08 p.m. Following electronic vote tallying,the Moderator declared Article 3 Adopted on a
vote of:
Yes No Abstain Approved by Attorney General
109 35 6 Maura Healey Jan.18,2017;
Posted January 22,2017.
10:10 P.M. Following electronic vote tallying,the Moderator declared Article 4 Adopted by the
necessary two-thirds on a vote of:
Yes No Abstain
134 8 7 Approved by Attorney General
Maura Healey Jan.18,2017;
Posted January 22,2017.
10:12 p.m. Presented by Selectman,Michelle Ciccolo.
ARTICLE 5: AMEND FY2018 OPERATING AND ENTERPRISE FUNDS
MOTION: (a)That the following adjustments be made to the following line items for the FY2018
budget as approved under Article 4 of the 2017 Annual Town Meeting:
Line Item Program From To
2160 Property&Liability Insurance $ 713,893 $ 738,893
2180 Solar Producer Payments $ - $ 410,000
2210 Payment on Funded Debt $ 5,640,760 $ 7,992,247
2400 Facilities $10,402,987 $10,592,987
4100 Law Enforcement Expenses $ 872,527 $ 900,527
7100 Land Use Expenses $ 443,238 $ 495,738
8210 Town Manager Expenses $ 206,585 $ 224,585
8530 Town Clerk Personal Services $ 357,836 $ 366,236
8530 Town Clerk Expenses $ 120,250 $ 123,850
and,further,that said adjustments be financed from an appropriation of-
*
£• $36,500 —from the Parking Meter Fund for line items 4100 and 7100;and
• $25,000 —from the Transportation Management Overlay District(TMOD)Stabilization
Fund for line item 7100;and
• the remaining amounts be raised in the tax levy.
(b) That the following adjustment be made to the following line item for the FY2018 budget
to operate the Water Division of the Department of Public Works as approved under Article
5(a)of the 2017 Annual Town Meeting:
Program FromTo
MWRA Water Assessment $ 7,275,204 $ 7,246,531
October 18, 2017 Special Town Meeting#3 cont...
Debt Service $ 1,466,428 $ 1,470,783
and,further that$95,100 be appropriated from Water Enterprise fund Retained Earnings in
addition to the$73,000 of Retained Earnings appropriated under Article 5(a)of the 2017
Annual Town Meeting.
(c) That the following adjustment be made to the following line item for the FY2018 budget
to operate the Water Division of the Department of Public Works as approved under Article
5(b)of the 2017 Annual Town Meeting:
Program From To
MWRA Wastewater Assessment $ 7,453,886 $ 7,402,979
10:12 p.m. Ms.Ciccolo reported unanimous support of the Board. She asked the Moderator to
recognize Town Manager,Carl Valente.
10:12 p.m. Mr.Valente reviewed adjustments to 2018 Revenue,the Operating Budget and Capital
Requests.
10:16 p.m. Ellen Basch,member of the Appropriation Committee,reported unanimous support of
the Committee.
10:16 p.m. With no questions,the Moderator called for the vote.
10:16 p.m. Following electronic vote tallying,the Moderator declared Article 5 Adopted by the
necessary two-thirds on a vote of:
Yes No Abstain
135 0 1
10:18 P.M. Selectman Suzanne Barry moved to take up Article 10.Motion Adopted.
10:18 P.M. Presented by Selectman Suzanne Barry.
ARTICLE 10:AMEND GENERAL BYLAWS-DISTRIBUTION OF TOWN
ELECTION/TOWN MEETING WARRANT
MOTION: That Chapter 118 of the Code of the Town of Lexington(Town Meetings)be amended
by deleting§118.1 and§118.2 in their entirety and substituting therefor the following:
§118-1 Town Meeting and Town Elections Called by Warrant
Every Town Meeting and every Town Election shall be called by a warrant directed to a
constable or other duly appointed person. Warrants for Town Meetings shall state the time
and place of holding the meeting and shall contain articles briefly setting forth the various
subject matters that may be considered and acted upon at each such meeting. Warrants for
Town Elections shall state the time and place of the election and shall contain the matters to
be voted upon at each Town Election.
§118-2 Posting and Notification of Availability of Warrants
The warrant for a Town Meeting shall be served by posting a printed copy thereof on the
official bulletin board of the Town Clerk in the Town Office Building not less than seven
days,and in the case of a Special Town Meeting not less than 14 days,before the date stated
in the warrant for holding such meeting,and also by sending by postal mail,postage prepaid,
a printed copy of each such warrant addressed to each Town Meeting Member at their place
of residence. Copies of all warrants shall be made available for public access electronically
on the Town website and in print format at municipal buildings designated by the Town
Clerk.
Notification of the availability of a warrant with information on where and how to obtain an
electronic or printed copy of the warrant,shall be sent by mail,postage prepaid,not less than
seven days,or in the case of a Special Town Meeting not less than 14 days,before the date
stated in the warrant for holding such meeting addressed to each dwelling house and to each
dwelling unit in multiple dwelling houses,apartment buildings or other buildings in the
Town,provided,however,that such notification shall not be considered part of the return of
service as required by§118-3.
The warrant for a Town Election shall be served by posting a printed copy thereof on the
official bulletin board of the Town Clerk in the Town Office Building and also by sending by
October 18, 2017 Special Town Meeting#3 cont...
postal mail,postage prepaid,a printed copy of such warrant addressed to each dwelling house
and to each dwelling unit in multiple dwelling houses,apartment buildings or other buildings
in the Town not less than seven days before the date stated in the warrant for holding such
election.
The warrant for a State Election need only be served by posting a printed copy thereof on the
official bulletin board of the Town Clerk in the Town Office Building.
10:18 P.M. Ms.Barry presented the requested action,outlining the specifies of a By-law
amendment to allow for new distribution and notification guidelines for the Warrant for Annual
Town Meeting. She reported the unanimous support of the Board. She asked the Moderator to
recognize Norman Cohen,Pct.4,former Selectman.
10:22 p.m. Mr. Cohen explained the need for Article 10,noting that many Warrants are disposed
of after delivery.He stated that the inclusion of the Election Warrant puts an undue time constraint on
the preparation of the Annual Town Meeting Warrant.
10:24 p.m. Vicki Blier,Pct. 9,spoke against the Article,stating that she believed it was useful to
have paper copies available in households to inform residents.
10:26 p.m. Dan Fenn,Pct.3,stated his belief that the Town had an obligation to maximize citizen
engagement and urged a no vote.
10:31 p.m. Mary Ann Stewart,Pct. 1,questioned whether there was data on the number of
Warrants that are recycled/disposed. Selectman Suzanne Barry responded in the negative.
10.34 p.m. Thomas Griffiths,Pct.4,and Dawn McKenna,Pct. 6,expressed lack of support.
10:41 p.m. Marsha Baker,Pct.7,called the question.Motion Adopted.
10:42 p.m. Following electronic vote tallying,the Moderator declared Article 10 NOT Adopted
on a vote of:
Yes No Abstain
25 103 0
10:43 p.m. Presented by Kathryn Colburn,School Committee member.
ARTICLE 11:APPROPRIATE FOR LEXINGTON HIGH SCHOOL SECURITY SYSTEM
DESIGN
MOTION: That$31,000 be appropriated for the design,engineering and architectural services,
including production of construction documents,for the Lexington High School
Security System,and to meet this appropriation$31,000 be raised from the tax levy.
10:43 p.m. Ms.Colburn asked the Moderator to recognize Shawn Newell,Assistant Director of
Facilities.Mr.Newell explained the design process and possible upgrades to the security system at
the high school.
10:49 p.m. Selectman Joseph Pato reported unanimous support of the Board.
10:49 p.m. Lilly Yan,member of the Appropriations Committee,reported the unanimous support
of the Committee.
10:49 p.m. Jill Hai,Chair of the Capital Expenditures Committee,reported unanimous support.
10:51 p.m. Kenneth Shine,Pct.2,questioned the types of security measures currently needed.
Christopher Bouchard,Facilities Manager at the high school,responded.
10:52 p.m. Ms.Colburn addressed questions,stressing the priority of the project.
10:58 p.m. With no further questions,the Moderator called for the vote.
10:59 p.m. Following electronic vote tallying,the Moderator declared Article 11 Adopted on a
vote of:
Yes No Abstain
115 3 1
10:59 p.m. Selectman Suzanne Barry moved to dissolve Special Town Meeting#3.Motion
Adopted.
A true copy.
Attest:
Nathalie L.Rice,Town Clerk
2017-Special Town Meeting 2&3 October 16,2017
•STM#3: STM#2 Art.2 STM#2 Art.3- STM#2 Art.4- STM#2 Art.5
Art.6-Adopted by unanimous voice vote. —Approp.For Approp. Approp. —Approp.For
Art.7-Adopted by unanimous voice vote. Hastings Design Funds Design Funds Temporary
Art.9-Indefinitely Postponed by unanimous voice vote. School Children's for Fire Fire Station
Art.13-Indefinitely Postponed by unanimous voice vote. Construction Place/20 Headquarters Construction
Pplhnm Rd
Pct. First Name Last Name
A Michael Barrett
A Deborah Brown Abstain Abstain Abstain Abstain
A Michelle Ciccolo Yes Yes Yes
A Douglas Lucente Yes Yes Yes Yes
A Suzanne Barry Yes Yes Yes Yes
A Jay Kaufman
A Peter Kelley Yes Yes Yes Yes
A Joseph Pato Yes Yes Yes Yes
1 Joel Adler Yes Yes Yes Yes
1 Nancy Adler Yes Yes Yes Yes
1 Dirk Armstrong Yes Yes I Yes
1 John Bartenstein Yes Yes Yes Yes
1 Jean Cole Yes Yes Yes Yes
1 Jonathan Cole Yes Yes Yes Yes
1 Robert Cunha
1 Elaine Ashton Yes No Yes Yes
1 Brian Heffernan Yes No Yes Yes
1 Ellen Basch Yes Yes Yes Yes
1 Janet Kern Yes Abstain Yes Yes
1 Hon bin Luo Yes Yes Yes Yes
1 Eric Michelson Yes Yes Yes Yes
1 Margaret M uckenhou t
1 John Rossi
1 Barry Sampson
1 Leslie Zales Yes Yes Yes Yes
1 Mary Ann Stewart Yes Yes Yes Yes
1 Bella Tsvetkova Yes Yes Yes Yes
1 Albert Zabin Yes Yes Yes Yes
1 Judith Zabin Yes Yes Yes Yes
2 S.Bijan Afshartous Yes Yes Yes Yes
2 Laurel Carpenter Yes Yes Yes
2 Marian Cohen
2 Kathryn Fields
2 Rita Goldberg Yes Yes Yes Yes
2 Paul Lapointe
2 Peter Lee Yes Yes Yes Yes
2 Susan Landon Yes Yes Yes Yes
2 Michael O'Sullivan Yes
2 Michael Andriolo No Abstain Yes Yes
2 Matthew Daggett Yes Yes Yes Yes
2 Barry Orenstein
2 Juan Stella Yes Abstain Yes Yes
2 Margaret Ouellette Yes Abstain
2 Ricki Pappo
2 Jason Bressner
2 Kenneth Shine Yes Yes Yes Yes
2 Jonathan Suber Yes Yes Yes Yes
2 Jennifer Vogelzang Yes Yes Yes Yes
2 Betsey Weiss Yes Yes Yes Yes
2 Sed Rizvi
3 Narain Bhatia Yes Yes Yes Yes
3 Michael Schanbacher Yes Yes Yes Yes
3 Bonnie Brodner Yes Yes Yes
3 Dan Fenn Yes Yes Yes Yes
3 Shirley Frawley
3 Courtney Apgar Yes Yes Yes Yes
3 Steven Heinrich Yes Yes Yes Yes
3 Nancy Hubert Yes Yes Yes Yes
3 Kevin Johnson Yes Yes Yes Yes
3 Vineeta Kumar Yes Yes Yes Yes
3 Jeanne Krieger Yes Yes Yes Yes
3 Henry Lau
3 Michael Martignetti
3 Beth Masterman Yes Yes Yes Yes
3 Sarah Nathan Yes Yes Yes Yes
3 Letha Prestbo Yes Yes Yes Yes
3 Glenn Parker Yes Yes Yes Yes
3 Stanley Yap Yes Yes Yes Yes
3 Robert Rotberg
2017-Special Town Meeting 2&3 October 16,2017
•STM#3: STM#2 Art.2 STM#2 Art.3- STM#2 Art.4- STM#2 Art.5
Art.6-Adopted by unanimous voice vote. —Approp.For Approp. Approp. —Approp.For
Art.7-Adopted by unanimous voice vote. Hastings Design Funds Design Funds Temporary
Art.9-Indefinitely Postponed by unanimous voice vote. School Children's for Fire Fire Station
Art.13-Indefinitely Postponed by unanimous voice vote. Construction Place/20 Headquarters Construction
PpIlham Rd
Pct. First Name Last Name
3 Franklin Smith Yes Yes Yes Yes
3 Margaret Storch Yes Yes Yes Yes
4 Alessandro Alessandrini Yes Yes Yes Yes
4 Nyles Barnert
4 Gloria Bloom Yes Yes Yes Yes
4 Michael Boudett Yes Yes Yes Yes
4 Norman Cohen Yes Yes Yes Yes
4 Robert Cohen
4 Kathryn Colburn Yes Yes Yes Yes
4 Anoop Garg
4 Peter Enrich Yes Yes Yes Yes
4 Jill Hai Yes Yes Yes Yes
4 David Kluchman
4 Kathleen Lenihan Yes Yes Yes Yes
4 Eileen Jay Yes Yes Yes
4 Susan McLeish Yes Yes Yes Yes
4 Katie Cutler Yes No Yes Yes
4 Thomas Griffiths Yes Yes Yes Yes
4 Claire Sheth Yes Yes Yes Yes
4 Gerald Paul Yes Yes
4 Sandra Shaw Yes Yes Yes Yes
4 Nancy Shepard Yes Yes Yes Yes
4 Ruth Thomas Yes Yes Yes Yes
5 Jennifer Ray Yes Yes Yes Yes
5 Nancy Corcoran-Ronchetti Yes Yes Yes Yes
5 Anil Ahuja Yes Yes Yes Yes
5 Judith Crocker Yes Yes Yes Yes
5 Irene Dondley Yes Yes Yes Yes
5 David Williams Yes Yes Yes Yes
5 Marilyn Fenollosa Yes Yes Yes Yes
5 Andrew Friedlich Yes Yes
5 Anthony Galaitsis Yes Yes Yes Yes
5 John Hayward
5 Ginna Johnson Yes Yes Yes Yes
5 Rita Pandy Yes Abstain Yes Yes
5 William Hurley
5 Pamela Lyons Yes Yes Yes Yes
5 Jerold Michelson Yes Yes Yes Yes
5 Sam Silverman Yes Yes Yes Yes
5 Lisa Smith Yes Yes Yes Yes
5 Marc SaintLouis Yes Yes Yes Yes
5 M.Masha Traber Yes Yes Yes
5 Aneesha Karody Yes Yes Yes
5 Lily Yan Abstain Abstain
6 Mark Andersen Yes No Yes Yes
6 Thomas Brennan Yes Yes Yes Yes
6 Todd Cataldo
6 Andrea Fribush Yes Yes Yes Yes
6 Margaret Counts-Klebe Yes Yes Yes Yes
6 Bebe Fallick Yes Yes Yes Yes
6 Edmund Grant Yes Yes Yes Yes
6 Jonathan Himmel Yes Yes Yes Yes
6 Frederic Johnson Yes Yes Yes Yes
6 Morton Kahan Yes Yes Yes Yes
6 Christian Boutwell Yes Yes Yes Yes
6 Brian Kelley Yes Yes Yes Yes
6 Ann Kelly Yes Yes Yes Yes
6 Trisha Kennealy
6 Dawn McKenna Yes Yes Yes Yes
6 Stephen McKenna Yes Yes Yes Yes
6 Jane Pagett Yes Yes Yes Yes
6 Dinesh Patel Yes Yes Yes Yes
6 Bridger McGaw Yes Yes Yes Yes
6 Frank Sandy Yes Yes Yes Yes
6 Deborah Strod Yes Yes Yes Yes
7 Marsha Baker Yes Yes Yes Yes
7 Elizabeth Barnett
7 Philip Hamilton Yes Yes Yes Yes
7 George Burnell Yes Yes Yes Abstain
2017-Special Town Meeting 2&3 October 16,2017
•STM#3: STM#2 Art.2 STM#2 Art.3- STM#2 Art.4- STM#2 Art.5
Art.6-Adopted by unanimous voice vote. —Approp.For Approp. Approp. —Approp.For
Art.7-Adopted by unanimous voice vote. Hastings Design Funds Design Funds Temporary
Art.9-Indefinitely Postponed by unanimous voice vote. School Children's for Fire Fire Station
Art.13-Indefinitely Postponed by unanimous voice vote. Construction Place/20 Headquarters Construction
PpIlham Rd
Pct. First Name Last Name
7 Mary Burnell Yes Yes Yes Yes
7 Patricia Costello Yes Yes Yes Yes
7 James Courtemanche
7 Catherine Gill Yes Yes Yes Yes
7 Vikas Kinger
7 Mary Hamilton Yes Yes Yes Yes
7 Pam Hoffman Yes Yes Yes Yes
7 David Kanter Yes Yes Yes Yes
7 Raul Marques-Pascual Yes Yes Yes Yes
7 Fred Martin Yes Yes Yes Yes
7 Harry Forsdick Yes Yes Yes Yes
7 Benjamin Moroze Yes Yes Yes Yes
7 Stacey Hamilton
7 Robert Creech Yes Yes Yes Yes
7 Ravish Kumar
7 Taylor Singh Yes Yes Yes Yes
7 Geoffrey Xiao Yes No Yes Yes
8 Robert Avallone Yes Yes Yes Yes
8 Elizabeth Barrentine Yes Yes Yes Yes
8 Lisa Mazerall Yes Yes Yes Yes
8 Wendy Reasenber
8 Margaret Bradley
8 Gang Chen Yes Yes Yes
8 Shailesh Chandra Yes Yes Yes Yes
8 Margaret Enders Yes Yes Yes Yes
8 Charles Hornig Yes Yes Yes Yes
8 David Horton Yes Yes Yes Yes
8 Sanjay Padaki Yes Yes Yes Yes
8 Ingrid KIlmoff Yes Yes Yes Yes
8 Alan Levine Yes Yes Yes Yes
8 Richard Michelson
8 James Osten Yes Yes Yes Yes
8 Andrei Radulescu-Banu Yes Yes Yes Yes
8 William Ribich Yes Yes Yes Yes
8 Jessie Steigerwald Yes Yes Yes Yes
8 Shirley Stolz Yes Yes Yes Yes
8 Melinda Walker Yes Yes Yes Yes
8 Weidong Wang Yes Yes Yes Yes
9 Alice Adler Yes Yes Yes Yes
9 Hemaben Bhatt Yes Yes Yes Yes
9 Victoria Blier Yes Yes Yes Yes
9 Jeanne Canale Yes Yes Yes Yes
9 Richard Canale Yes Yes Yes Yes
9 Scott Bokun Yes Yes Yes Yes
9 Rodney Cole Yes Yes Yes Yes
9 Margaret Coppe Yes Yes Yes
9 Thomas Fenn Yes Yes Yes Yes
9 Mollie Garberg Yes Yes Yes Yes
9 Mark Maguire
9 Hank Manz Yes Yes Yes Yes
9 Wendy Manz Yes Yes Yes Yes
9 Susan Buckley-Kingsbury Abstain Abstain Yes Yes
9 Philip Jackson Yes Abstain Yes Yes
9 Victoria Buckley Yes Yes Yes Yes
9 Christina Murray Yes Yes Yes Yes
9 Janet Perry
9 Lisah Rhodes Yes Yes Yes Yes
9 Pamela Josh! Yes Yes Yes Yes
9 Justine Wirtanen Yes
Total 1=Yes 156 144 151 153
Total 2=No 1 5 0 0
Total 3=Abstain 3 9 1 2
Total Voters 160 158 152 155
Pass/Fail Pass Pass Pass Pass
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