HomeMy WebLinkAbout2009-11-09-STM-min 2009 Special Town Meeting
November 9,2009
(See Warrant File for Warrant)
The first session of the fall 2009 Special Town Meeting was called to order by Moderator
Deborah J. Brown at 7:30 p.m.,Monday,November 9,2009,Cary Memorial Hall;a quorum of
173 present.
Town Clerk Donna M.Hooper read the Warrant for the Meeting until waived. The Town Clerk
read the Constable's Return of the Warrant.
7:43 p.m. The Moderator called for a brief recess for announcements by Town Meeting
Members Association and plans for a voluntary vote recording plan by the TMMA.
The Moderator outlined procedural matters and plans for upcoming sessions,and declared the
meeting open under Article 1 for the duration of the meeting.
ARTICLE 1: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES
7:51 p.m. Alan Levine,pr. 8,moved the report of the Appropriation committee be
received&placed on file. Adopted Unanimously.
7:52 p.m. Charles Lamb,pr.4,moved the report of the Capital Expenditures Committee
be received and placed on file. Adopted Unanimously.
7:53 p.m. Presented by John Rosenberg,pr.4.
ARTICLE 2: ZONING BY-LAW—AMENDMENT TO PRELIMINARY SITE
DEVELOPMENT AND USE PLAN, LEXINGTON TECHNOLOGY PARK,
125, 131 AND 141 SPRING STREET (N/K/A 125 SPRING STREET, 200,
300, 400 AND 500 PATRIOT WAY) CD-10 DISTRICT
MOTION: That the Preliminary Site Development and Use Plan adopted as part of the CD
Planned Commercial District at the May 2004 Town Meeting for the property known as
"Lexington Technology Park"be amended in accordance with the Amended Preliminary Site
Development and Use Plan (Amended PSDUP)originally filed with the Town Clerk and the
Planning Board on June 22, 2009 and revised and refilled on October 30, 2009.
7:54 p.m. The Moderator recognized Patriot Partners representatives Bob Buckley and
Steve Rice for the presentation. Mr.Buckley and Mr.Rice reviewed plans.
8:11 p.m. Gregory Zurlo moved the report of the Planning Board on Article 2 be received
and placed on file. Adopted Unanimously.
Mr.Zurlo reported the Planning Board recommends passage of the motion
(3 in favor, 1 in opposition, 1 recusal by Richard Canale).
8:15 p.m. Richard Canale,pr.9,spoke on his role in the process as a Shade St resident and
his recusal as a Planning Board member.
8:18 p.m. Selectman Peter Kelley reported unanimous support of the Board of Selectmen.
8:23 p.m. Richard Eurich reported support of the Appropriation Committee(9-0)
8:24 p.m. Sheryl Mahoney,pr.7,Vice Chairperson,reported support of the
Economic Development Advisory Committee.
8:28 p.m. Sara Arnold,reported support of the Transportation Advisory Committee.
8:31 p.m. Town Manager Carl Valente responded to questions on the mitigation agreement.
8:32 p.m. Mary Jo Bohart reported the support of the Chamber of Commerce.
8:35 p.m. Thomas Fenn,pr.9,spoke in opposition and of noise covenant enforcement needs.
8:38 p.m. David Kanter,pr.7,questioned noise correction measures and obligation. Patriot
Partners representative Steve Rice stated this to be a condition of the special permit.
8:37 p.m. Kevin Johnson reported support of the South Lexington Civic Association.
8:42 p.m. Victoria Blier,pr.9,spoke in support.
8:45 p.m. Tanya Morrisett,pr.4,questioned public transportation usage by staff of Patriot
Partners and Lexingtonians employed at Patriot Partners. Steve Rice responded.
8:47 p.m. Deborah Mauger,pr.8,questioned traffic mitigation.
Traffic Consultant Rick Bryant responded.
8:49 p.m. Steve Kropper,pr.2,spoke in opposition.
8:51 p.m. Deborah Strod,pr.6,questioned noise abatement.
8:52 p.m. Victoria Blier,pr.9,spoke further.
8:54 p.m. John Krawczyk,pr.4,questioned sound mitigation recourse.
Steve Rice further stated commitment of Patriot Partners to fix the problem.
November 9,2009 Special Town Meeting,cont...
8:56 p.m. Gregory Zurlo spoke on the commitment by the developer to correct the issue.
8:57 p.m. Patrick Mehr,pr.3,spoke in support.
8:59 p.m. Dawn McKenna,pr.6,spoke in support.
9:03 p.m. Dan Fenn,pr.3,questioned Mr.Rice on noise management. Mr.Rice responded.
9:04 p.m. Anthony Galaitsis,pr.6,spoke in opposition and reported he was the negative
vote of the Planning Board and of concerns with meeting the noise bylaw.
Mr.Rice stated agreement to adhere to the noise ordinance.
9:06 p.m. Frank Sandy,pr.6,spoke in opposition.
9:08 p.m. Deborah Strod,pr.6,spoke in favor and on current noise issue,to which Planning
Board Chairman Gregory Zurlo responded and Building Commissioner Garry
Rhodes explained enforcement actions..
Patriot Partners representative Steve Rice reiterated commitment to fix the noise
to satisfaction of the neighbors.
9:12 p.m. Steve Kropper,pr.2,questioned energy commitments. Civil Engineer Brian
Lawlor stated a commitment to the LEED silver standard. Steve Rice further
stated the intent to design to LEED silver standards.
9:16 p.m. Ephraim Weiss,pr.5,spoke in opposition.
9:19 p.m. Dan Fenn,pr.3,spoke in opposition.
9:21 p.m. Albert Zabin,pr.1,moved the question. Motion Adopted.
9:21 p.m. Steve Rice summarized,reiterated their commitment to resolving the noise,
and requested support.
9:22 p.m. Following a voice vote,the Moderator declared the motion under
Article 2 adopted by more than a two-thirds vote.
9:24 p.m. Presented by Steve Heinrich,pr.3.
ARTICLE 3: ZONING BY-LAW—AMENDMENT TO PRELIMINARY SITE
DEVELOPMENT AND USE PLAN, CUBIST PHARMACEUTICALS, INC.,
45, 55 AND 65 HAYDEN AVENUE, CD-9 DISTRICT
MOTION: That the Preliminary Site Development and Use Plan adopted as part of the CD
Planned Commercial District at the November 1997 Special Town Meeting for the property
known as"45, 55 and 65 Hayden Avenue(a/k/a the Cubist Pharmaceuticals Campus)"be
amended in accordance with the Amended Preliminary Site Development and Use Plan
(APSDUP)originally filed with the Town Clerk and the Planning Board on July 30, 2009 and
revised and refilled on October 30, 2009.
9:24 p.m. Mr.Bob Buckley,representing Cubist Pharmaceuticals,presented.
9:42 p.m. Gregory Zurlo,Planning Board,moved the report of the Planning Board on
Article 3 be received and placed on file. Adopted Unanimously.
Mr.Zurlo reported the Planning Board's support of the motion.
9:44 p.m. Jeanne Krieger reported the unanimous support of the Board of Selectmen.
9:47 p.m. Eric Michelson,pr.1,reported unanimous support of Appropriation Committee.
9:48 p.m. John McWeeney reported unanimous support of the
Economic Development Advisory Committee.
9:48 p.m. Sara Arnold reported concerns of the Transportation Advisory Committee.
9:52 p.m. Mary Jo Bohart reported support of the Chamber of Commerce.
9:54 p.m. Kevin Johnson reported unanimous support of the South Lexington
Civic Association.
9:56 p.m. Patrick Mehr,pr.3,spoke in opposition.
9:56 p.m. Charles Lamb,pr.4,questioned LEED silver requirements.
Michael Bonney,CEO,Cubist Pharmaceuticals,reported the intent to follow
LEED silver standards.
9:57 p.m. Dawn McKenna,pr.6,spoke in support.
9:59 p.m. Dawn McKenna moved the following non-binding resolution
NON-BINDING RESOLUTION:
I move to amend the main motion under Article 3 to add the following:
That dedicated funding for public transportation has been a part of TDM measures in
rezoning proposals dating back to 1997;
Therefore, be it resolved that Town Meeting urges the Board of Selectmen to commit to
place in the Transportation Demand Management/Public Transportation Stabilization
Fund a minimum of 20% of funding received under sections III and IV of the MOU with
Cubist dated October 30, 2009, and approved by the Board of Selectmen on November
2, 2009.
November 9,2009 Special Town Meeting,cont...
10:02 p.m. Planning Board Chairman Gregory Zurlo requested opinion of Town Counsel on
amending rezoning. Ryan Pace,Town Counsel,stated the resolution is non-binding.
10:04 p.m. Alan Levine reported the Appropriation Committee would defer decision until
hearing the position of the Selectmen.
10:04 p.m. Jeanne Krieger,Board of Selectmen,spoke against the amendment
10:08 p.m. Charles Hornig,pr.8,reported the opposition of the Planning Board.
10:09 p.m. Elaine Dratch,pr.5,Transportation Advisory Committee,spoke in support.
10:10 p.m. Appropriation Committee Chairman Alan Levine reported 6 members in
opposition and 3 in favor of the amendment.
10:10 p.m. Edith Sandy,pr.6,spoke in favor of the amendment.
10:10 p.m. David Kanter,pr.7,questioned funds into the revenue stream and requiring a
two-thirds majority vote by future Town Meetings and his intent to vote
against the amendment.
10:13 p.m. Loren Wood,pr.3,spoke in support of the amendment.
10:14 p.m. Following a voice vote the Moderator declared the Amendment Not Adopted.
10:16 p.m. David Kanter,pr.7,questioned the impact of proposed construction on current
operations while under construction. Mr.Booney reported operations would
continue during construction.
10:17 p.m. Frank Sandy,pr.6,questioned stabilization funds into which contributions to be
made. Town Manager Carl Valente explained funds to be the traffic and
transportation demand management.
10:17 p.m. Following a voice vote on Article 3 the Moderator declared the motion adopted
by more than the required two-thirds vote.
10:18 p.m. Selectman Norman Cohen moved Article 8 be taken up. Motion Adopted.
10:18 p.m. Presented by Selectman George Burnell.
ARTICLE 8: CONTRACTS FOR SOLAR ENERGY
MOTION: That the Town Manager, subject to the approval of the Board of Selectmen,
be authorized to enter into contracts for the period of FY2010 and Fy2011 for the
purchase of electricity generated by solar power for a term not to exceed twenty years,
notwithstanding any contrary provision in Section 32-4 of the Code of the Town of
Lexington.
10:21 p.m. George Burnell reported support of the Board of Selectmen.
10:21 p.m. Pam Hoffman,pr.7,reported unanimous support of Appropriation Committee.
10:22 p.m. David Kanter,pr.7,reported unanimous support of the Capital Expenditures
Committee.
10:24 p.m. Ephraim Weiss,pr.5,questioned requested action and contracts currently allowed.
Town Counsel Ryan Pace responded and explained Town Meeting authority.
10:26 p.m. Patrick Mehr,pr.3,reported support. Town Manager Carl Valente responded.
10:27 p.m. Joel Adler,pr.1,questioned costs. Facilities Director Patrick Goddard explained
incentives available,options,and potential costs.
10:30 p.m. David Kaufman,pr.6,questioned possible magnitude of proposed contracts.
Facilities Director Patrick Goddard reviewed possibilities.
10:32 p.m. Steve Kropper,pr.2, spoke for Energy Conservation Committee.
10:32 p.m. Following a voice vote,motion Declared Adopted.
10:33 p.m. Selectman Norman Cohen moved the meeting be adjourned to7:30 p.m.,
Monday,November 16,2009,Cary Memorial Hall. Motion Adopted.
A true copy.
Attest:
Donna M.Hooper,Town Clerk
November 16,2009 Adjourned Session of the 2009 Special Town Meeting
The second session of the Fall 2009 Special Town Meeting was called to order by Moderator
Deborah J. Brown at 7:30 p.m.,Monday,November 16 2009,Cary Memorial Hall;a quorum of
169 present. The Moderator reviewed the evening's procedures and schedule.
7:34 p.m. Selectman Norman Cohen requested a recess for a review of the Lexington
Housing Partnership grant application.
7:50 p.m. Presented by Jerry Michelson,pr.5.
ARTICLE 4: AMEND ZONING BY-LAW
MOTION: That the Zoning Bylaw,Chapter 135 of the Code of the Town of
Lexington,be amended as follows:
1. Add the following definition after the definition of"APARTMENT
BUILDING" and before the definition of"ASSISTED LIVING RESIDENCE" in
§135-8:
ARTISAN WORK-The creation,finishing,refinishing or similar production of custom or hand-
made commodities,together with the retailing of such commodities.
2. Amend row 6.21 in Table 1 (Permitted Uses and Development Standards),
Part B(Commercial Uses)by deleting the existing row and replacing it with the
following:
CN CRS CS CB CLO CRO CM
6.21 Office located on a street level floor Y N N SP* Y Y Y
(*In CB District,office shall not be permitted in a
Center Store Front.A Center Store Front is
defined as the portion of the ground floor level of
a building in the CB District that has frontage on a
public way or a public parking lot.)
3. Amend row 7.28 in Table 1 (Permitted Uses and Development Standards),
Part B(Commercial Uses)by deleting"Private postal services(see definition)" and
replacing that text with"Private postal services."
4. Add a new row 8.22 in Table 1 (Permitted Uses and Development Standards),
Part B(Commercial Uses)as follows:
CN CRS CS CB CLO CRO CM
8.22 Artisan work N NNYN N N
5. Amend row 9.12 in Table 1 (Permitted Uses and Development Standards),
Part B(Commercial Uses)by deleting"Fast-food or takeout service serving enough
food to comprise a meal" and replacing that text with"Fast food service."
6. Amend row 9.13 in Table 1 (Permitted Uses and Development Standards),
Part B(Commercial Uses)by deleting"Takeout or fast-food service serving food or
beverages,such as coffee,snacks,ice cream,or donuts,but not enough to comprise a
meal" and replacing that text with"Takeout food service."
7. Delete the letters stricken through and replace with the letters under the CB
column in the lines of Table 1(Permitted Uses and Development Standards),Part B
(Commercial Uses)as shown below:
6.15 Advertising,editing,composition, but not including printing or other N y
reproduction service
7.12 Laundry or dry cleaning pickup station with processing done N Y
elsewhere;laundry or dry cleaning with processing on the premises subject
to the development standards for the district;self-service laundromat or dry
cleaning
7.28 Private postal service N Y
8.20 Lawn and garden supplies and equipment N Y
9.11 Restaurant 8g y
9.13 Take out food service 8g y
9.14 Caterer or other establishment preparing meals for groups of people N SP*
(*In CB District,only in conjunction with a substantial retail food business as set forth
in lines 8.13,9.11,9.12 or 9.13 in Table 1.)
10.12 Indoor athletic and exercise facilities,weight reduction salon N Y
Adjourned Session of the November 16,2009 Special Town Meeting,cont....
8. Add the following row after the row that begins with"Parks,athletic fields,
tennis and pool facilities,golf courses,recreation centers,other institutional uses"
and before the row that begins with"Agricultural uses" in§135-64A:
Indoor athletic and exercise facilities,weight reduction salon 6 per 1,000 s.f.
9. Add the following sentence to the end of§135-71B:
Notwithstanding the foregoing,the requirements of this Article XII shall not apply to the
Center Business(CB)District.
The Moderator recognized Howard Levin for presentation on the Article.
7:52 p.m. Wendy Manz,pr.9,moved the report of the Planning Board on Article 4 be
received and placed on file. Adopted Unanimously.
7:53 p.m. Wendy Manz reported the Planning Board recommends approval.
7:59 p.m. Hank Manz spoke in favor and reported the unanimous support of the Board of
Selectmen.
8:05 p.m. Nyles Barnert,pr.4,reported the support of the Board of Appeals.
8:06 p.m. David Kanter,pr.7,questioned the impact of changes on other districts,traffic
study. Planning Board member Charles Hornig and presenter Howard Levin
responded.
8:10 p.m. Mary Jo Bohart reported support of the Chamber of Commerce.
8:13 p.m. Ephraim Weiss,pr.5,questioned some definitions. Howard Levin responded.
8:16 p.m. Norma Floyd, 16 Oxford Street,cautioned members.
8:17 p.m. Discussion ensued on'fast food' `take out',and permitted purposes without a
special permit,to which Planning Board members responded.
8:37 p.m. Patrick Mehr,pr.3,moved:
AMENDMENT: In the main motion, item#7, line 9.13 Take out food
service remain 'SP', not be changed to 'Y'.
8:38 p.m. Nyles Barnert,pr.4,Board of Appeals,spoke against.
8:39 p.m. Richard Canale,Planning Board,reported the Planning Board 2-2 vote.
8:40 p.m. Hank Manz reported the unanimous opposition of the Board of Selectmen.
8:40 p.m. Robert Whitman,pr.3,questioned the definition of`Take-Out',to which Jerry
Michelson read the definition and Howard Levin explained further.
Norma Floyd, 16 Oxford Street,spoke from audience.
8:45 p.m. John Rossi,pr.1,spoke on the definition of take out service. Planning Board
members responded.
8:50 p.m. Sheldon Spector,pr.6,moved the Amendment. Motion Adopted
8:51 p.m. Following a voice vote,the Moderator declared Amendment Not Adopted.
8:51 p.m. Sheldon Spector,pr.6,moved the main motion. Motion Adopted
8:52 p.m. Following a voice vote on Article 4,the Moderator declared the Motion Adopted
by more than the required two-thirds vote.
8:53 p.m. In advance of taking up Article 5,the Moderator explained the role of the
Moderator and the quantum of vote.
8:56 p.m. Presented by Selectman Norman Cohen.
ARTICLE 5: AUTHORIZE MUNROE SCHOOL DISPOSITION
MOTION: That the Selectmen be and are hereby authorized to sell the Munroe School
building and the parcel of land it is situated on to the Lexington Friends of the Arts, Inc., d/b/a
Munroe Center for the Arts on such terms as the Selectmen may determine.
Selectman Cohen explained requested action. Julian Miller,Munroe Center for the Arts,explained
further.
9:08 p.m. Norman Cohen reviewed past action regarding the Munroe School building and
reported support of a majority of the Selectmen.
9:15 p.m. William Hurley,Capital Expenditures Committee,reported and spoke in support
for postponement until the annual town meeting.
9:0 p.m. Alan Levine,pr.8,reported positions of the Appropriation Committee,with 4 in
support,4 opposed,and 1 abstaining;and 6 in favor of indefinite postponement,2 opposed.
9:25 p.m. Mary Jo Bohart reported the support of the Chamber of Commerce.
Adjourned Session of the November 16,2009 Special Town Meeting,cont....
9:27 p.m. Members questioned financial and use issues. Norman Cohen explained the request
for proposals and price offer and Christian Herold,Executive Director,reviewed
policies on charges per square foot for users and classes.
9:31 p.m. Members questioned the quantum of vote required. Town Counsel William Lahey
responded.
9:42 p.m. Daniel Abramson, 11 Hancock Street,spoke in support.
9:45 p.m. Paul Lapointe,pr.2,spoke in support.
9:49 p.m. Edith Sandy,pr.6,spoke in opposition.
9:52 p.m. Iang Jeon,pr.1,questioned capital improvements,estimate on improvements
needed,and current rental situation. Selectman Norman Cohen and Munroe Center
Board Member Thomas Griffiths responded.
9:58 p.m. Karen Freeberg,high school senior,spoke in support and of the need for an
independent art center.
10:00 p.m. Elizabeth Perry-Wood,pr.7,spoke in support.
10:01 p.m. Dawn McKenna,pr.6,spoke in opposition.
10:04 p.m. Loren Wood,pr.3,questioned land acquisition and assessed value
and commented on possible demolition.
10:06 p.m. David Kanter,pr.7,commented on value in appraisal report.
10:06 p.m. Town Manager Carl Valente reviewed appraisals.
10:08 p.m. Beverly Kelley,pr.4,spoke in support.
10:09 p.m. John Rossi,pr.1,spoke in opposition.
10:12 p.m. Tricia Perez-Kennealy,pr.6,questioned Munroe's plans for funding capital
improvements. Thomas Griffiths reviewed needs and financing plan.
10:17 p.m. Elsa Sullivan,5 Washington Street,spoke in support.
10:19 p.m. James Wood,pr.7,moved:
MOTION: Article 5 be Indefinitely Postponed
10:23 p.m. Selectman Peter Kelley reported opposition of the Board of Selectmen to
Indefinite Postponement.
10:25 p.m. Catherine Woodward Gill,pr.7,spoke in favor of Indefinite Postponement.
10:27 p.m. Narain Bhatia,pr.9,spoke in opposition.
10:29 p.m. James Wood,pr.7,summarized thoughts and Indefinite Postponement.
10:29 p.m. Following a voice vote on Indefinite Postponement,the Moderator declared
the Motion Adopted.
10:32 p.m. Charles Lamb,pr.4,served Notice of Reconsideration on Article 5.
10:31 p.m. Presented by Selectman Norman Cohen.
ARTICLE 6: APPROVE LOCAL OPTION MEALS EXCISE
MOTION: That the Town accept G.L., c. 64L §2(a)to impose a local meals excise
to take effect January 1, 2010.
10:31 p.m. Patrick Mehr,pr.3,questioned taking up another article at this time.
10:32 p.m. Selectman Norman Cohen moved to adjourn to 7:30 p.m.,Wednesday,
November 18,2009,Cary Memorial Hall. Motion Adopted.
A true copy.
Attest:
Donna M.Hooper,Town Clerk
November 18,2009 Adjourned Session of the 2009 Special Town Meeting
The third session of the Fall 2009 Special Town Meeting was called to order by Moderator
Deborah J. Brown at 7:30 p.m.,Wednesday,November 18,2009,Cary Memorial Hall;a
quorum of 143 present. The Moderator reviewed procedural issues.
7:32 p.m. Presented by Selectman Norman Cohen.
ARTICLE 6: APPROVE LOCAL OPTION MEALS EXCISE
MOTION: That the Town accept G.L., c. 64L §2(a)to impose a local meals excise
to take effect January 1, 2010.
Adjourned Session of the November 18,2009 Special Town Meeting,cont....
Mr. Cohen explained requested action would result in an additional.75%meals tax directly to
the town,anticipated additional FY2010 revenue and future annual revenue.
Mr. Cohen reported support of a majority of the Board of Selectmen.
7:38 p.m. Alan Levine,pr.8,reported the support,with 7 in favor and 2 opposed,of the
Appropriation Committee. Eric Michelson spoke in opposition.
7:43 p.m. John Parick,pr.4,reported unanimous opposition of the Tourism Committee.
7:44 p.m. Mary Jo Bohart reported opposition of the Chamber of Commerce.
7:47 p.m. Selectman Peter Kelley reported his opposition to Articles 6&7.
7:49 p.m. Members spoke in support,opposition,and adoption status of surrounding towns.
8:08 p.m. David Kanter,pr.7,moved the question. Motion Adopted.
8:09 p.m. The Moderator called for a standing vote,tallied as follows:
Precinct Yes No Abstain
1 6 4
2 8 6
3 9 5
4 17 1
5 13 5
6 11 4
7 10 1
8 14 3
9 10 4
AL 9 2
Total 107 35
With 107 voting in the affirmative and 35 in the negative,Motion Adopted.
8:14 p.m. Alan Levine,pr.4,served notice of reconsideration on Article 6.
8:14 p.m. Presented by Selectman Norman Cohen.
ARTICLE 7: APPROVE LOCAL OPTION ROOM OCCUPANCY EXCISE
MOTION: That the Town accept G.L., c. 64G, §3A a local room occupancy excise
at the rate of six percent to take effect on January 1, 2012.
Mr. Cohen reported the support of a majority of the Board of Selectman
8:19 p.m. Joseph Pato reported the support[6 in favor, 1 opposed] of the Appropriation
Committee.
8:20 p.m. John Patrick,pr.4,reported the opposition of the Tourism Committee.
8:24 p.m. John Krawczyk,pr.4,moved the following amendment:
AMENDMENT: The main motion be amended to change the effective date
from January 1, 2012 to July 1, 2010.
8:27 p.m. Selectman Norman Cohen reported the opposition of a majority of the Board of
Selectmen and explained justification for the January 2012 date.
8:28 p.m. Joseph Pato reported the support of the Appropriation Committee
[7 in favor, 1 opposed, 1 abstain] for the amendment.
8:28 pm. John Patrick,pr.4,reported concerns of the Tourism Committee.
8:28 p.m.. Patrick Mehr,pr.3,questioned the impact on delaying vote to 2010
Annual Town Meeting. Norman Cohen explained the interest to act sooner.
8:30 p.m. Mary Jo Bohart,Chamber of Commerce,spoke in opposition.
Members spoke in support and opposition,,questioned revenue need and services
8:39 p.m. Christopher Hartsell,General Manager,ALOFT,Lexington,reviewed
work done over the past year and spoke against the amendment.
Discussion in support and opposition continued.
8:48 p.m. Loretta Porter,pr.5,called the question on the Amendment. Motion Adopted.
8:49 p.m. The Moderator called for a standing vote,tallied as follows:
Precinct Yes No Abstain
1 5 6
2 7 5
3 6 8
4 11 7
5 8 10
6 10 5
7 8 3
8 12 5
9 8 6
AL 7 5
Total 82 60
8:53 p.m. With 82 voting in the affirmative and 60 in the negative,Amendment Adopted.
Adjourned Session of the November 18,2009 Special Town Meeting,cont....
8:53 p.m. Members spoke in support and opposition to the motion as amended,questioned
revenue generated by hotels and hotel operations.
9:02 p.m. David Kanter,pr.7,moved the question. Motion Adopted.
9:03 p.m. Following a voice vote on the Article 7 as amended, Motion Adopted.
9:04 p.m. Presented by Selectman Norman Cohen.
ARTICLE 9: APPROPRIATE FOR SISTER CITY PROGRAM
MOTION: That this article be indefinitely postponed.
9:04 p.m. John Patrick,pr.4,provided an overview of the Antony,France sister city
program and plans for Antony representatives to visit Lexington in April 2010,presenting
opportunities for member participation and support.
9:12 p.m. Town Manager Carl Valente reviewed the visit with Antony officials during a
recent visit of Lexington representatives to Antony,France,as a follow-up to the 1999 visit.
9:15 p.m. Mollie Garberg reported the support of the Appropriation Committee.
9:15 p.m. Adopted Unanimously.
9:16 p.m. Presented by Selectman George Burnell.
ARTICLE 10: APPROPRIATE TO TRAFFIC MITIGATION STABILIZATION FUND
MOTION: That$35,000 be appropriated to the Traffic Mitigation Stabilization Fund
and to meet this appropriation $35,000 be transferred from the Traffic Mitigation special
revenue account.
9:16 p.m. Mr.Burnell reviewed requested and reported support of Board of Selectmen.
9:17 p.m. Glenn Parker,pr.3,r reported unanimous support of Appropriation Committee.
9:18 p.m. Richard Canale,pr.9,reported unanimous support of the Planning Board.
9:18 p.m. The Moderator declared the motion Adopted Unanimously by voice vote.
9:18 p.m. Alan Levine,pr.8,served notice of reconsideration on Article 7 and Article 10.
9:19 p.m. Presented by Selectman Peter Kelley.
ARTICLE 11: APPROPRIATE TO STABILIZATION FUND
MOTION: That$669,843 be appropriated to the Stabilization Fund, and that to meet
this appropriation$669,843 be raised in the tax levy.
9:19 p.m. Mr.Kelley reported support of the Board of Selectmen
9:20 p.m. Pam Hoffman,pr.7,reported unanimous support of the Appropriation Committee.
9:21 p.m. The Moderator declared the motioned Adopted Unanimously.
9:21 p.m. Presented by Selectman Jeanne Krieger
ARTICLE 12: APPROPRIATE FOR WALTHAM STREET PEDESTRIAN CROSSING
MOTION: That the Town appropriate$25,000 for the study and construction of a
pedestrian crossing in the vicinity of 1010 Waltham Street, and to meet this appropriation
$25,000 be appropriated from the Traffic Mitigation Stabilization Fund.
9:21 p.m. Mrs.Krieger reported unanimous support of the Board of Selectmen.
9:23 p.m. Glenn Parker,pr.3,reported unanimous support of Appropriation Committee.
9:23 p.m. David Kanter,pr.7,reported unanimous support of Capital Expenditures Committee.
9:24 p.m. Richard Canale,pr.9,reported unanimous support of Planning Board.
9:24 p.m. The Moderator declared the motion Adopted Unanimously.
9:25 p.m. Presented by Selectman Hank Manz.
ARTICLE 13: AMEND FY2010 OPERATING BUDGET
MOTION: That the appropriations authorized under Article 4 of the 2009 Annual Town
Meeting be amended as follows:
LINE ITEM PROGRAM FROM TO
8500 Town Clerk Personal Services $269,513 $291,413
8500 Town Clerk Expenses $84,000 $112,100
6100-6200 Social Services Personal Services $409,285 $294,840
6100-6200 Social Services Expenses $171,578 $121,749
3100-3500 DPW Expenses $4,732,743 $4,747,743
8400 Finance Expenses $301,328 $342,328
2150 Workers'Compensation $351,625 $401,625
9:26 p.m. Alan Levine,pr.7,served notice of reconsideration on Article 11 and Article 12.
9:26 p.m. The Moderator recognized Town Manager Carl Valente for an explanation.
9:33 p.m. Pam Hoffman,pr.7,reported unanimous support of Appropriation Committee.
9:33 p.m. David Kanter,pr.7,questioned reserve fund balances. Mr. Valente responded.
Adjourned Session of the November 18,2009 Special Town Meeting,cont....
9:34 p.m. Patrick Mehr,pr.3,questioned workers compensation and reduction in line item
2130. Mr.Valente explained.
9:36 p.m. Motion under Article 13 Adopted Unanimously.
9:38 p.m. Presented by Selectman Norman Cohen.
ARTICLE 14: AMEND FY2010 ENTERPRISE FUNDS BUDGETS
MOTION: That the following appropriations authorized under Article 5 of the 2009
Annual Town Meeting be amended as follows:
(a) That the appropriation to operate the Water Division of the Department of Public Works
during fiscal year 2010 under the provisions of M.G.L., chapter 44, section 53F1/2 be changed
from$6,711,570 to$6,594,121 by amending the following line item(s):
PROGRAM FROM TO
MWRA Assessment $4,600,000 $4,482,551
And that the total appropriation, as amended, shall be funded with$525,000 from Water
Enterprise Fund retained earnings and the remainder to be funded from water receipts, as voted
under Article 5(a)of the 2009 Annual Town Meeting
(b) That the appropriation to operate the Wastewater Division of the Department of Public
Works during fiscal year 2010 under the provisions of M.G.L. chapter 44, section 53F1/2 be
changed from$7,729,170 to$7,475,116 by amending the following line item(s):
PROGRAM FROM TO
MWRA Assessment $6,500,000 $6,245,946
And that the total appropriation, as amended, shall be funded with$625,000 from Wastewater
Enterprise Fund retained earnings and the remainder to be funded from wastewater receipts, as
voted under Article 5(b)of the 2009 Annual Town Meeting.
9:38 p.m. Selectman Cohen explained adjustments to final MWRA assessments and reported support
of the Board of Selectmen.
9:40 p.m. John Bartenstein,pr.l,reported unanimous support of Appropriation Committee.
9:41 p.m. Motion Adopted Unanimously.
9:41 p.m. Selectman Norman Cohen moved the 2009 Special Town Meeting be dissolved.
9:42 p.m. Adopted Unanimously.
A true copy.
Attest:
Donna M.Hooper,Town Clerk