HomeMy WebLinkAbout2011-03-ATM-min 2011 Annual Town Meeting
March 21, 2011
(See Warrant File for Warrant)
The first session of the 2011 Annual Town Meeting was called to order by Moderator
Deborah J. Brown at 7:30 p.m., Monday, March 21, 2011, Cary Memorial Hall; a
quorum of 173 present.
The Lexington Minutemen, accompanied by the William Diamond Fife and Drum Corps,
posted the colors.
Marsha Baker, pr.6, provided an historical perspective on the art of debate; Nancy
Corcoran-Ronchetti, pr.5, recognized outgoing Town Meeting Member Association
chairperson Marsha Baker for her efforts over the past 2 years.
Town Clerk Donna M. Hooper read the Warrant for the Meeting until waived. The Town
Clerk read the Constable's Return of the Warrant.
The Moderator, outlined procedural matters and plans for upcoming sessions. The
Moderator declared the meeting open under Article 2 for the duration of the meeting.
ARTICLE 2: ELECTION OF DEPUTY MODERATOR AND
REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES
The Moderator moved Deborah Strod be appointed Deputy Moderator for the duration of
the meeting. Adopted Unanimously.
Dan Fenn, pr.3, extended appreciation to Town Meeting during his recent illness.
7:56 p.m. Selectman Hank Manz moved the Report of the Committee on Cary
Lectures be received and placed on file and the Committee discharged. Adopted
Committee Chairperson Nancy Shephard reported.
8:00 p.m. Presented by Selectman Hank Manz.
ARTICLE 3: APPOINTMENTS TO CARY LECTURE SERIES
MOTION: That a committee of three be appointed by the Moderator to
have the charge of the lectures under the wills of Eliza Cary Farnham and
Suzanna E. Cary for the current year. Adopted Unanimously
8:01 p.m. Richard Canale moved the Report of the Planning Board be received and
placed on file. Adopted Planning Board Chairman Gregory Zurlo
reported.
8:15 p.m. Selectman Hank Manz moved articles 39,40,41,43 and 44 be taken up in
that order. Adopted Unanimously
8:16 p.m. Presented by Richard Canale.
Richard Canale, pr.9, moved the Report of the Planning Board on Article 39
be received and placed on file. Adopted
ARTICLE 39: AMEND ZONING BY-LAW, TRAFFIC
MOTION: That the Zoning By-Laws of the Town be amended as set
forth in the motion attached to the report of the Planning Board on this
article, and further that non-substantive changes to the numbering of this
bylaw be permitted in order that it be in compliance with the numbering
format of the Code of Lexington.
Text of Planning Board Report:
MOTION:
That the Zoning Bylaw, Chapter 135 of the Code of the Town of Lexington, be amended as
follows (underlining shows additions, strike-throughs show deletions):
Remove the word"renovation"from §135-71B and reformat it; add the word"or"after
subparagraph 2; and add", or to developments in a Transportation Management
Overlay District that elect to comply with the requirements of§135-43C"to the end of
the final paragraph of the section, so that it reads as follows:
March 21, 2011 Annual Town Meeting, cont.
§ 135-71B. A.slicabilit . No building permit shall be granted for the erection of a new
building or the enlargement or renovation of an existing building with the result that:
1) There are 10,000 square feet or more of gross floor area on the lot, including any
existing floor area,but not including any floor area devoted to residential use or to
off-street parking, or
2) There are 50 or more dwelling units, or their equivalent, in a development,
including any existing dwelling units, or
3) The number of parking spaces is increased by 25 or more and there are 50 or
more parking spaces, including any existing parking spaces, on the lot,
unless a special permit with site plan review has been granted and the SPGA has made a
determination that the streets and intersections affected by the proposed development
have, or will have as a result of traffic improvements, adequate capacity, as set forth in
§ 135-73,to accommodate the increased traffic from the development.
The requirement for a special permit with site plan review(SPS) does not apply to a
religious or nonprofit educational use, as described in § 135-9E(1). Notwithstanding the
foregoing,the requirements of this Article XII shall not apply to the Center Business
(CB) District, or to developments in a Transportation Management Overlay District that
elect to comply with the requirements of§135-43C.
Gregory Zurlo, Planning Board Chairman, outlined requested action.
8:19 p.m. Deborah Mauger reported unaimous support of the Selectmen
Mr. Zurlo responded to questions regarding potential traffic impact.
Adopted Unanimously
8:22 p.m. Presented by Thomas Fenn, pr.9.
ARTICLE 40: AMEND ZONING BY-LAW—CRS ZONE—
1095 MASSACHUSETTS AVENUE (Owner Petition)
MOTION: That this article be referred back to the Planning Board.
Mr. Fenn reviewed requested action.
8:23 p.m. Hank Manz reported unanimous support of the Selectmen.
8:23 p.m. Richard Canale moved the report of the Planning Board on Article 40
be received and placed on file. Adopted Unanimously
Richard Canale spoke to the Planning Board's report, article position, and
unanimous support for referral.
8:24 p.m. Members spoke in support. Adopted Unanimously
8:26 p.m. Presented by Richard Canale.
ARTICLE 41: AMEND ZONING BY-LAW—HARTWELL AVENUE LAND
TO CM ZONE
MOTION: That the Zoning By-Laws of the Town be amended as set forth in
the motion attached to the report of the Planning Board on this article, and further
that non-substantive changes to the numbering of this bylaw be permitted in order
that it be in compliance with the numbering format of the Code of Lexington.
Text of Planning Board Report:
MOTION: Move that the Code of the Town of Lexington, Zoning By-Law and the
Zoning Map of the Town of Lexington, be amended by changing the zoning district
designation of that property shown as Lot 14 on Assessors' Property Map 73, now or
formerly of Hartwell Hospitality, LLC, from RO (one-family dwelling) to CM
(Manufacturing).
Planning Board Chairman Gregory Zurlo reviewed requested action.
8:30 p.m. Peter Kelley reported unanimous support of the Board of Selectmen.
Gregory Zurlo responded to questions regarding involvement of the Conservation
Commission and purpose of rezoning.
Selectman Norman Cohen responded further to requests of the property owner.
Gregory Zurlo read a memo on behalf o f the Conservation Commission.
8:38 p.m. Planning Board member Wendy Manz continued to explain the rezoning
request and involvement of the Conservation Commission.
Planning Board members Zurlo, Manz, and Canale continued to respond to
March 21, 2011 Annual Town Meeting, cont.
questions regarding rezoning and potential impact on area properties.
8:47 p.m. Planning Board member Charles Hornig reviewed allowed scenarios and
action within the CM district, required setbacks and screening.
8:54 p.m. Alan Wrigley, pr.7, called the question. Adopted
8:54 p.m. The Moderator declared the motion under Article 41 adopted
by more than the necessary two-thirds vote.
8:55 p.m. Presented by Selectman Norman Cohen.
ARTICLE 43: ACQUIRE GIFT OF LAND—MYRNA ROAD
MOTION: That the Conservation Commission be authorized to acquire by gift
or otherwise, and the Selectmen be authorized to take by eminent domain, upon
the written request of the Conservation Commission, for conservation purposes,
including outdoor recreation as provided by Section 8C of Chapter 40 of the
General Laws, the land shown as Lot 35 on Assessors' Property Map 76, now or
formerly of Robert B. Chase.
Norman Cohen reviewed requested action and eminent domain taking to deal with
potential title problems. Mr. Cohen reported unanimous support of the Selectmen.
8:57 p.m. Norman Cohen responded to questions regarding potential title problem,
potential adverse impact on any 3rd party and lack of appropriation.
Town Counsel Kevin Batt reviewed the authority of Town Meeting to authorize such a
taking, and title insurance. Adopted Unanimously
9:01 p.m. Presented by Selectman Peter Kelley.
ARTICLE 44: ACCEPT GIFT OF LAND— OFF HARTWELL AVENUE
MOTION: That the Town accept a gift of land shown as Lot 2 on Assessors'
Property Map 80, now or formerly of Pacific Partners Realty Trust.
Mr. Kelley reviewed required action and reported unanimous support of the Selectmen.
9:03 p.m. Adopted Unanimously
9:03 p.m. Selectman Hank Manz moved Article 26 be taken up. Adopted
9:04 p.m. Presented by Selectman Norman Cohen.
ARTICLE 26: ESTABLISH QUALIFICATIONS FOR TAX DEFERRALS
AND EXEMPTIONS
MOTION: That the maximum qualifying gross receipts amount for property
tax deferrals under Clause 41A of Section 5 of Chapter 59 of the Massachusetts
General Laws and Chapter 190 of the Acts of 2008 be raised to $60,000.
Mr. Cohen explained requested action and reported unanimous support of the Selectmen.
9:05 p.m. John Bartenstein reported unanimous support of the Appropriation
Committee.
9:08 p.m. Ephraim Weiss, pr.5, moved the following amendment:
AMENDMENT: Article 26 be amended by adding at the end: 'and that the
Selectmen Board of Assessors be urged to not require resident to submit income
tax forms to the town in order to qualify for any tax deferral or exemption'.
9:12 p.m. Selectman Norman Cohen reported unanimous disapproval of the
Selectmen for the Weiss amendment.
9:13 p.m. John Bartenstein reported no position of the Appropriation Committee.
9:14 p.m. Patrick Mehr requested Mr. Weiss accept a friendly amendment to change
the `Selectmen' be changed to `Board of Assessors' . Adopted
9:15 p.m. Ephraim Weiss continued to justify support of the amendment.
9:17 p.m. Weiss Amendment Not Adopted
9:17 p.m. Main Motion under Article 26Adopted
9:17 p.m. Selectman Hank Manz moved Article 27 be taken up.Adopted Unanimously
9:18 p.m. Presented by Selectman Norman Cohen
ARTICLE 27: AMEND GENERAL BYLAWS, PRIVATE WAYS
MOTION: That Chapter 100 of the Code of the Town of Lexington be
amended as set forth below; and further that non-substantive changes to the
numbering of this bylaw be permitted in order that it be in compliance with the
numbering format of the Code of Lexington.
March 21, 2011 Annual Town Meeting, cont.
§ 100-13. Temporary Repair of Private Ways.
A. Purpose. In accordance with Massachusetts General Laws Chapter 40,
§ 6N, the Board of Selectmen may authorize temporary repairs of
private ways in the Town as provided in this Section. The making of
any such temporary repairs to private ways, no matter how often or to
what extent, does not constitute an acceptance by the Town of such
ways as public ways, nor does it constitute a way being "maintained
and used as a public way" under the Massachusetts Subdivision
Control Law.
See Hornig
Amendment B. Eligibility. Only a private way which meets the criteria of an
deleting this unaccepted street shown on the Zoning Map under the Planning Board
section B Development Regulations, Chapter 175 of the Code of the Town of
and
renumbering Lexington, is eligible for repairs under and subject to the provisions of
remaining this subsection.
sections.
C. Type and Extent of Repairs. Repairs shall be limited to grading,
patching, and the layering of gravel to: establish a uniform grade,
make drainage repairs, accommodate the Town's emergency vehicles
or otherwise protect or repair the Town's infrastructure.
D. Public Necessity. There shall be a finding of public necessity for said
repairs by the Board of Selectmen in consultation with the Director of
Public Works.
E. Petition Process. The Selectmen may make a determination of the
need for said repairs and may authorize the making of said repairs with
or without a petition of the abutters to said private way. However, the
Selectmen will not entertain a petition from the abutters unless: (a)it
is signed by fifty-one (51%) percent of the abutters along the private
way to be repaired, or(b) if a majority of abutters to the private way
are members of an association of landowners specific to said way and
a majority vote of that association's membership or board of directors
submits the petition.
F. Scope of Work. The scope of the repair work shall be determined by
the Director of Public Works, subject to approval by the Board of
Selectmen.
G. Betterments. Betterment charges may be assessed by the Selectmen
on the abutter(s) of such way up to an amount equal to the cost of such
repairs. If betterments are to be assessed, they shall be assessed upon
each parcel of land benefiting from such repair by any method as may
be approved by the Selectmen. Betterments shall be apportioned over
such a period as the Selectmen deem appropriate, after considering
such matters as the estimated useful life of the proposed repairs and
the source of funds to be used for the same.
H. Funding. Repairs funded under this Section through betterments shall
be appropriated at any Special or Annual Town Meeting. The
Selectmen are authorized to seek contributions for a portion of the cost
of said repairs from abutters and the Selectmen may, in their
discretion, require a cash deposit from the abutters.
I. Town's Liability. The Town shall have no liability as a result of any
such repairs under G.L. c. 40, § 6N(f). The Selectmen may also
request arrangements to be made to further reduce or eliminate
potential liability risks to the Town arising from the repairs. Such
arrangements may include, but are not necessarily limited to, the
provision of insurance by repair contractors and/or by abutters or
associations of abutters insuring the Town's interests or the provision
of suitable indemnity agreement by abutters or by associations of
abutters. Moreover, this Section or any repairs thereunder, does not
impose any duty or obligation on the Town to maintain or repair
private ways.
March 21, 2011 Annual Town Meeting, cont.
J. Public Use. There shall be a finding by the Selectmen that the private
way to be repaired under this Section shall have been opened to public
use for five (5) years or more prior to the expenditure of funds under
this Section and shall thereafter remain open to the public for no less
than the useful life of said repairs. The making of any such repairs to
private ways, no matter how often or to what extent, does not
constitute an acceptance by the Town of such ways as public ways, nor
does it constitute a way being "maintained and used as a public way"
under the Massachusetts Subdivision Control Law.
K. The Board of Selectmen, or its designees, may promulgate, after
public notice and hearing, rules and regulations to effectuate the
purposes and intent of this bylaw. However, failure by the Board of
Selectmen to promulgate such rules and regulations shall not act to
suspend or invalidate the effect of this bylaw.
Selectman Cohen reviewed the motion and the matter of unaccepted streets. Mr. Cohen
reported unanimous support of the Selectmen.
9:19 p.m. Richard Neumeier, pr.3, reported unanimous support of the Appropriation
Committee.
9:21 p.m. Charles Hornig, pr.8, moved the following amendment:
AMENDMENT: To amend the main motion by deleting the proposed
subsection B and relabeling the remaining subsections.
9:25 p.m. Mr. Hornig responded to question on the impact of deleting section"B" on
the eligibility of`Private Ways'. Selectman Norman Cohen explained section "B" had
been written to address the `Private Way' issue. Mr. Cohen reported the unanimous
support of the Selectmen for the Hornig amendment.
9:29 p.m. Richard Canale reported the support of the Planning Board [4 in favor/0
opposed] to the amendment.
9:30 p.m. Members spoke in support and opposition to the amendment.
9:35 p.m. Hornig Amendment Adopted
9:36 p.m. Members questioned section "G" relating to betterments, specific
unaccepted street situations, patching or paving roadways, and potential duplication of
wording in sections 'A' and T.
9:57 p.m. Article 27, as amended, declared Adopted Unanimously
9:58 p.m. Selectman Hank Manz moved Article 28 be taken up. Adopted Unanimously
9:58 p.m. Presented by Selectman Peter Kelley.
ARTICLE 28: AMEND TOWN CELEBRATIONS COMMITTEE BYLAW
MOTION: That Section 29-15 of the Code of the Town of Lexington be
amended by deleting the number"nine" in the first line and replacing it with the
number"twelve", and by deleting the number "Three" at the beginning of the
third sentence and replacing it with the number"Four", so that the bylaw reads as
follows:
The Town shall have a Town Celebrations Committee to consist of twelve voters
of the Town. Members of the Committee shall be appointed by the Board of
Selectmen. Four members shall be appointed each year for three-year terms.
Terms shall expire on June 30, except that members shall continue in office until
their successors have been appointed and qualified. Vacancies shall be filled by
the Board of Selectmen for the balance of unexpired terms.
And further that non-substantive changes to the numbering of this bylaw be
permitted in order that it be in compliance with the numbering format of the Code
of the Town of Lexington
9:59 p.m. Peter Kelley reported unanimous support of the Selectmen.
9:59 p.m. Adopted Unanimously
9:59 p.m. Selectman Hank Manz moved Article 29 be taken up.Adopted Unanimously
March 21, 2011 Annual Town Meeting, cont.
10:00 p.m. Presented by Selectman Peter Kelley
ARTICLE 29: AMEND PERMANENT BUILDING COMMITTEE BYLAW
MOTION: That Article VI of Chapter 29 of the Code of the Town of Lexington
be amended as set forth below, and further that non-substantive changes to the
numbering of this bylaw be permitted in order that it be in compliance with the
numbering format of the Code of Lexington:
Delete the first two sentences of Section 29-21 and replace them with the following:
The Town shall have a Permanent Building Committee consisting of seven full
members and two associate members, who shall be registered voters of the Town
appointed for terms of three years each, the terms of no more than three of which
shall expire in any one year. No full or associate member of the Committee shall be a
Town officer or Town employee.
The Chairman shall designate an associate member to sit on the Committee for
specific projects, in case of the absence, inability to act, conflict of interest, or at the
request of a full member. When designated by the Chair to sit on the Committee for
a specific project, the associate member shall have the same voting rights as a full
member.
Delete the first sentence of Subsection 29-21.A and replace it with the following:
On or before the first day of July in each year the Town Manager shall appoint to the
Committee two full members and one associate member, or three full members (as
the case may be) to serve until June 30 in the third year thereafter and until his
successor is appointed and qualified.
10:00 p.m. Mr. Kelley outlined justification for requested action and reported
unanimous support of the Selectmen. Adopted
10:02 p.m. The Moderator outlined plans for the meeting of March 23. David Kanter,
pr.7, requested the meeting hold off on taking up Article 30.
10:02 p.m. Selectman Hank Manz moved the meeting be adjourned until 7:30 p.m.,
Wednesday, March 23, 2011, Cary Hall. Adopted Unanimously
A true copy:
Attest:
Donna M. Hooper, Town Clerk
March 23, 2011 Adjourned Session of the 2011 Annual Town Meeting
The second session of the 2011 Annual Town Meeting was called to order by Moderator
Deborah Brown at 7:30 p.m. Wednesday, March 23, 2011; a quorum of 163 members
present.
The Moderator called for a moment of silence in remembrance of James Barry, former
precinct 1 Town Meeting Member, who passed away one year ago after the close of the
first session of the 2010 Annual Town Meeting.
7:37 p.m. The Moderator called a recess for presentation of the Sharyn Wong-
Chan/Sara Harrington Diversity Award presented by Lexington Public
Schools; the 2011 award presented to Sharon Fitzgerald, K-5 mathematics
specialist.
7:50 p.m. The Moderator called the meeting to order and declared Article 42 now
before the meeting.
March 23, 2011 Adjourned Session of the 2011 Annual Town Meeting, cont.
7:51 p.m. Presented by Selectman Hank Manz.
ARTICLE 42: ACQUIRE SIDEWALK WALKING EASEMENT TO
FISKE SCHOOL
MOTION: That the Selectmen be authorized to acquire by gift or
otherwise, or take by eminent domain, for sidewalk walking purposes, a
10' wide easement over and across a portion of the land comprising the
Fiske Common Condominium, such Condominium being located on East
Street, Lexington, Massachusetts (Tax Map 63, Lot 113A), for access to
and from East Street to the Fiske Elementary School, including any
temporary easements necessary for the construction of any such sidewalk,
as more particularly described on that certain plan titled "Plan of Land in
Lexington, Massachusetts," prepared by Merrimack Engineering Services,
and dated March 27, 2009, on file with the Town Clerk, or in any other
location on such land and/or with any revisions, modifications,
amendments or changes to said plan as the Selectmen may determine.
7:55 p.m. Mr. Manz reported the support of the Selectmen (5-0).
Richard Canale, pr.9, reported the support of the Planning Board (4-0).
Mary Ann Stewart, pr. 1, reported the support of the School Committee.
Representatives of the Sidewalk Committee spoke in support.
Selectman Hank Manz responded to questions on a `walking easement'.
Members spoke in support and questioned allowable use, questioned
discussions with Fiske Commons residents, and maintenance requirements
stipulated by the Board of Appeals.
8:18 p.m. John Hayward, pr.5, moved the question. Motion Adopted.
8:19 p.m. Motion Declared Adopted by more than the necessary two-thirds vote.
8:19 p.m. Charles Lamb, pr.4, served notice of reconsideration of Article 42.
8:20 p.m. Hank Manz moved Article 34 be taken up. Adopted Unanimously.
8:21 p.m. Presented by Dawn McKenna, pr.6.
ARTICLE 34: APPROVE BATTLE GREEN MASTER PLAN
MOTION: That this article be indefinitely postponed.
Ms. McKenna introduced Lucinda Brockway for an overview of the Plan and then
reviewed purposes for indefinite postponement.
Selectman George Burnell reported unanimous support of the Selectmen.
David Kanter, pr.7, reported the support of the Capital Expenditures Committee.
8:28 p.m. Motion Adopted.
8:28 p.m. Selectman Hank Manz moved Articles 30, 31, 32, & 33 be taken up.
Motion Adopted Unanimously.
8:30 p.m. Presented by Selectman Hank Manz.
ARTICLE 30: AMEND BYLAW - TOWN MEETING PROCEDURE
MOTION: That Chapter 118 of the Code of the Town of Lexington be
amended as set forth below, and further that non-substantive changes to
the numbering of this bylaw be permitted in order that it be in compliance
with the numbering format of the Code of the Town of Lexington.
1. Delete § 118-12E in its entirety and replace it with the following:
After any action, except to lay upon the table or to postpone to a time
certain or to commit, has been taken upon the subject matter of any
article in the warrant, such subject matter shall be deemed to be closed
and no further action shall be taken thereafter on said subject matter
except by means of a motion to reconsider as provided in § 118-14
herein.
2. Delete § 118-14A in its entirety and replace it with the following:
A. No vote shall be reconsidered except in accordance with one or
more of the following provisions:
(1) Where notice by any member has been given at the same session of the
March 23, 2011 Adjourned Session of the 2011 Annual Town Meeting, cont.
meeting and within 30 minutes after the result of a vote under an
article has been declared, a motion to reconsider that vote may be
made at any subsequent session of the meeting and shall prevail if
approved by a majority of the members voting.
(2) A motion to reconsider may be made at any time by a member
during
Town Meeting if(a) authorized to do so by a majority of either the
Board of Selectmen, or the Appropriation Committee, or the
Capital Expenditures Committee, and (b) for the sole purpose of
balancing the budget and/or making technical corrections. Such a
motion shall prevail if approved by a majority of the members
voting.
(3) Any member may make a motion to reconsider under circumstances other
than (1) or(2) of this subsection and such motion shall prevail only
if approved by at least 2/3 of the members voting.
3. Delete the main paragraph of§ 118-14C (but retain without change to
sub-subsections (1)through(5)) and replace it with the following:
When a motion to reconsider is decided, such decision shall not be
reconsidered. No question shall be twice reconsidered, except for
questions reconsidered under sub-subsections A(2) and A(3) herein,
for which there shall be no limit to the number of times such questions
may be reconsidered. Notwithstanding anything to the contrary herein,
no vote shall be reconsidered upon the following motions, namely:
8:30 p.m. David Kanter, pr.7, summarized the proposed bylaw changes.
8:34 p.m. Selectman Hank Manz reported the position of the Board; 1 in favor, 1
opposed, and 3 abstentions.
8:35 p.m. Joseph Pato, pr.2, reported support of the Appropriation Committee (9-0).
8:36 p.m. Charles Lamb, pr.4, reported the unanimous support of the Capital
Expenditures Committee.
8:37 p.m. David Kanter responded to questions and explained proposed changes.
8:38 p.m. Motion Adopted.
8:38 p.m. Joseph Pato, pr.2, served Notice of Reconsideration of Article 30.
8:40 p.m. Presented by Selectman Deborah Mauger.
ARTICLE 31: AMEND TREE BYLAW
MOTION: That Chapter 120 of the Code of the Town of Lexington
be amended as set forth below, and further that non-substantive changes to
the number of this bylaw be permitted in order that it be in compliance
with the numbering format of the Code of the Town of Lexington:
Delete Section 120-4.B, with sub items (1), (2), (3) and (4) in its entirety
and replace it with the following:
For sites under the jurisdiction of the Planning Board or Zoning Board of
Appeals, the Planning Board or Zoning Board of Appeals may, by
including in their findings an explanation of the reasons, waive in part or
in full this bylaw when they deem it necessary for the good of the
community.
8:40 p.m. Gerald Paul, pr.4, Tree Committee, reviewed proposed changes.
8:43 p.m. Selectman Deborah Mauger reported the support of the Selectmen.
8:44 p.m. Richard Canale, pr.9, reported the support (4-1) of the Planning Board.
8:45 p.m. Nyles Barnert, pr.4 and Chairman of the Board of Appeals, reported the
unanimous opposition of the Board of Appeals.
8:48 p.m. Keith Omart, Citizens for Lexington Conservation, from the audience,
spoke in support.
8:49 p.m. Joyce Miller, pr.7, Conservation Commission Chair, reported unanimous
support of the Commission.
8:50 p.m. Members spoke in support, of tree importance, and questioned impact of
the proposed changes on developments.
9:01 p.m. Motion Adopted.
March 23, 2011 Adjourned Session of the 2011 Annual Town Meeting, cont.
9:02 p.m. Presented by Selectman Deborah Mauger.
ARTICLE 32: ACCEPT MGL CHAPTER 138 SECTION 33B
(Sale of Alcoholic Beverages By On-Premise Licensees
on Sundays and Certain Legal Holidays)
MOTION: That the Town hereby accepts Section 33B of Chapter 138
of the Massachusetts General Laws.
9:03 p.m. Members questioned hours covered and purposes for such action.
9:04 p.m. Selectman Deborah Mauger explained possible impact on local restaurants
and reported the endorsement of the Chamber of Commerce.
9:05 p.m. Motion Adopted.
9:05 p.m. Presented by Selectman Peter Kelley.
ARTICLE 33: ACCEPT STATE LAND GRANT— COTTON FARM PURCHASE
MOTION: That the Conservation Commission, on behalf of the Town, is
authorized to apply for and receive funding under the Local Acquisitions for
Natural Diversity (LAND) Grant Program of the Commonwealth of
Massachusetts to reimburse the Town for a portion of the purchase price paid by
the Town for the property containing approximately 4.21 acres and consisting of a
portion of the land identified on Lexington Assessors' Map 31 as lot 60B and a
portion of the land identified on Map 31 as Lot 90B, which property is shown as
"Lot 1" on the plan entitled "Plan of Land Located in Lexington, Massachusetts
(Middlesex County)" prepared by Meridian Associates, dated October 22, 2010
and recorded with the Middlesex South Registry of Deeds in Plan Book 02010,
Page 775; to enter into any contracts and agreements related to the application or
the award of funds; and to grant a conservation restriction on the property, which
restriction will run, on terms acceptable to the Conservation Commission, to a
conservation organization selected by the Conservation Commission pursuant to
the requirements of the Community Preservation Act, Massachusetts General
Laws Chapter 44B.
Mr. Kelley explained requested action and reported unanimous support of the Selectmen.
9:06 p.m. Alan Levine, pr.8, Appropriation Committee Chair, reported unanimous
support of the Committee.
9:06 p.m. David Kanter, pr.7, reported unanimous support of the Capital
Expenditures Committee.
9:07 p.m. Conservation Director Karen Mullins responded to questions from
members. Conservation Commission Chairperson Joyce Miller reported unanimous
support of the Commission and spoke to intention to establish a land trust.
9:09 p.m. Motion Adopted Unanimously.
9:10 p.m. Selectman Hank Manz moved Article 35 be taken up. Adopted.
9:10 pm. Presented by Selectman Norman Cohen.
ARTICLE 35: SUPPORT AND PETITION FOR MUNICIPAL UTILITY ACT
MOTION: That the Town support the passage by the General Court of
legislation (currently H869) enabling municipalities to establish municipal
lighting plants, and that the Board of Selectmen be and they thereby are
authorized to petition the General Court for an Act to accomplish the same result
for Lexington alone.
9:10 p.m. Patrick Mehr, pr.3, spoke on the merits of the motion.
9:12 p.m. David Kanter, pr.7, reported unanimous support of the Capital
Expenditures Committee.
9:12 p.m. Selectman Norman Cohen explained requested action and reported
unanimous support of the general legislation by the Selectmen.
9:14 p.m. Motion Adopted.
9:15 p.m. Selectman Hank Manz moved Article 16 be taken up. Adopted.
9:15 p.m. Presented by Selectman Norman Cohen.
ARTICLE 16: ACCEPT MGL CHAPTER 32, SECTION 101,
SUPPLEMENTAL ANNUAL ALLOWANCE
MOTION: That the Town hereby accepts the supplemental annual allowance
provided in Section 101 of Chapter 32 of the Massachusetts General Laws.
Robert Cunha, pr.2, Retirement Board Chairman, reviewed requested action and
impact on retirees. Mr. Cunha requested favorable action.
March 23, 2011 Adjourned Session of the 2011 Annual Town Meeting, cont.
9:18 p.m. John Bartenstein, pr.1, reported unanimous support of the
Appropriation Committee.
9:18 p.m. Selectman Norman Cohen reported unanimous support of the Selctmen.
9:19 pm. Mr. Cunha responded to questions from the members.
9:23 p.m. Motion Adopted Unanimously.
9:25 p.m. Selectman Hank Manz moved adjournment until 7:30 p.m., Monday,
March 28, 2011, at Cary Hall. Motion Adopted.
A true copy.
Attest:
Donna M. Hooper, Town Clerk
March 28, 2011 Adjourned Session of the 2011 Annual Town Meeting
The third session of the 2011 Annual Town Meeting was called to order by Moderator
Deborah J. Brown at 7:30 p.m., Monday, March 28, 2011, Cary Memorial Hall; a
quorum of 169 present.
The Moderator called for a recess to award and recognize Lexington High School and
Minuteman Vocational High School students.
7:50 p.m. The Moderator declared the meeting in session and recognized Selectman
Hank Manz. Mr. Manz moved the report of the Town Manager be received and placed
on file.Motion Adopted.
7:53 p.m. Town Manager Carl Valente introduced new staff and reported.
8:16 p.m. Mary Ann Stewart, pr.1, moved the report of the Superintendent of
Schools be received and placed on file. Motion Adopted.
8:17 p.m. Superintendent Paul Ash reported.
8:40 p.m. David Horton, pr.8, moved the report of the Superintendent of Minuteman
Vocational School be received and placed on file. Motion Adopted.
Superintendent Edward Bouquillion reported.
8:53 p.m. Glenn Parker, pr.9, moved the report of the Appropriation Committee be
received and placed on file. Motion Adopted. Mr. Parker reported.
9:00 p.m. Selectman Hank Manz moved Article 20 be taken up. Adopted Unanimously.
9:00 p.m. Presented by Selectman Peter Kelley.
ARTICLE 20: ESTABLISH AND APPROPRIATE TO SPECIFIED
STABILZIATION FUNDS
MOTION:
a) That the following stabilization funds be created in accordance with
MGL Chapter 40, Section 5B:
i. Transportation Management Overlay District Stabilization Fund for
the purpose of financing transportation infrastructure improvements
per Section 135-43C of the Code of the Town of Lexington; and
ii. Avalon Bay School Enrollment Mitigation Stabilization Fund to
mitigate the cost of students attending the Lexington Public Schools
who reside at Avalon Bay.
b) That appropriations to the following stabilization funds be made from
the sources and in the amounts specified:
i. $418,900 be appropriated to the Avalon Bay School Enrollment
Mitigation Stabilization Fund, and to meet this appropriation,
$418,900 be transferred from the Avalon Bay School Enrollment
Mitigation special revenue account;
ii. $64,308 be appropriated to the Transportation Demand
Management/Public Transportation Stabilization Fund, and to meet
this appropriation $64,308 be transferred from the TDM special
revenue account; and
iii. $10,680 be appropriated to the Transportation Management Overlay
District Stabilization Fund, and to meet this appropriation, $10,680
be transferred from the Transportation Management Overlay
District special revenue account.
March 28, 2011 Adjourned Session of the 2011 Annual Town Meeting, cont.
iv. $56,666.66 be appropriated to the Traffic Mitigation Stabilization
Fund, and to meet this appropriation, $56,666.66 be transferred
from the Traffic Mitigation special revenue account.
9:01 p.m. Mr. Kelley reported unanimous support of the Selectmen.
Susan McLeish, pr.4, reported unanimous support of the Appropriation
Committee. Charles Lamb, pr.4, reported unanimous support of the Capital
Expenditures Committee. Selectman Peter Kelley responded to questions on
special revenue accounts, to which Town Manager Carl Valente responded.
9:07 p.m. Motion Adopted Unanimously.
9:07 p.m. Selectman Hank Manz moved Article 4 be taken up.
Adopted Unanimously.
9:07 p.m. Presented by Selectman Hank Manz.
ARTICLE 4: APPROPRIATE FY 2012 OPERATING BUDGET
MOTION: That the following amounts be appropriated for the ensuing fiscal
year and be raised in the tax levy or from general revenues of the Town except
where a transfer or other source is indicated they shall be provided by such
transfer or other source.
Program 1000: Education
1100 Lexington Public Schools
Personal Services $60,636,053
Expenses $12,508,832
Total Line Item 1100, Lexington Public Schools $73,144,885
1200 Regional Schools $1,702,930
Program 2000: Shared Expenses
2110 Contributory Retirement $4,083,286
2120 Non-Contributory Retirement $12,400
2130 Employee Insurance $25,267,080
2140 Unemployment $310,000
2150 Workers Compensation* (M.G.L. Ch. 40, Sec. 13 A & 13C) $542,658
2160 Property& Liability Insurance $619,000
2170 Uninsured Losses* (M.G.L. Ch. 40, Sec. 13) $100,000
2200 Debt Service
2210 Payment on Funded Debt $4,066,378
2220 Interest on Funded Debt $684,411
2230 Temporary Borrowing $251,322
2300 Reserve Fund
2300 Reserve Fund $550,000
2400 Public Facilities
2400 Facilities $9,237,967
Program 3000: Public Works
3100-3500 DPW Personal Services $3,468,798
3100-3500 DPW Expenses $5,153,798
Program 4000: Public Safety
4100 Law Enforcement Personal Services $5,251,275
4100 Law Enforcement Expenses $542,474
4200 Fire Personal Services $4,698,877
4200 Fire Expenses $596,810
Program 5000: Culture & Recreation
5100 Library Personal Services $1,765,543
5100 Library Expenses $246,700
Program 6000: Human Services
6000 Human Services Personal Services $341,914
6000 Human Services Expenses $120,155
Program 7000: Community Development
7100 Community Development Personal Services $969,573
7100 Community Development Expenses $143,822
7200 Planning Personal Services $245,898
7200 Planning Expenses $81,850
7300 Economic Development Personal Services $95,808
March 28, 2011 Adjourned Session of the 2011 Annual Town Meeting, cont.
7300 Economic Development Expenses $74,800
Program 8000: General Government
8110 Selectmen Personal Services $87,612
8110 Selectmen Expenses $129,475
8120 Legal $400,000
8130 Town Report $7,000
8210-8220 Town Manager Personal Services $586,511
8210-8220 Town Manager Expenses $245,750
8230 Salary Transfer Account* $469,070
and further that Line 8230 is to be transferred by the Board of Selectmen for
contractual settlements within departments upon recommendation of the Town
Manager
8310 Financial Committees $7,500
8320 Misc. Boards and Committees $4,500
8330 Public Celebrations Committee $33,000
8400 Finance Personal Services $1,148,807
8400 Finance Expenses $385,844
8500 Town Clerk Personal Services $299,789
8500 Town Clerk Expenses $102,350
8600 MIS Personal Services $216,441
8600 MIS Expenses $399,464
and that the Town transfer the following sums to meet, in part, appropriations made
at this Town Meeting:
$335,000 from the Parking Meter Fund for line-items 3100-3500 and 4100;
$120,000 from the Cemetery Trust Fund for line item 3100-3500;
$15,000 from the Center Improvement District Stabilization Fund for line item 7300;
$83,560 from Transportation Demand Management/Public Transportation Stabilization
Fund for Appropriations for line items 3100-3500;
$250,000 Avalon Bay School Enrollment Mitigation Stabilization Fund for line items 1100;
$4,838,115 from Unreserved Fund Balance/Free Cash;
$704,624 from the Water Enterprise Fund;
$646,217 from the Sewer Enterprise Fund; and
$213,600 from the Recreation Enterprise Fund.
$4,610 from Insurance Proceeds greater than $20,000 for line-item 2170
Items marked with an (*) are Continuing Balance Accounts.
Mr. Manz reported unanimous support of the Board of Selectmen.
Glenn Parker, pr.9, reported unanimous support of the Appropriation Committee.
Mary Ann Stewart, pr.1, reported unanimous support of the School Committee.
9:10 p.m. Mollie Garberg, pr.9, commended the work of the School Committee and
reported unanimous support of Appropriation Committee on line 1100.
9:12 p.m. Patrick Mehr, pr.3, moved the following amendment:
AMENDMENT: I move that the following be added to the main motion
under Article 4: [...] and that a five-member Study Group be formed,
one member to be appointed by each of the Moderator, the Board of
Selectmen, the School Committee, the Planning Board and the
Appropriation Committee, to conduct a retrospective review of the
accuracy of fiscal impact projections, including school enrollment and
increased tax collections, that were used to support rezoning actions
brought to Town Meeting over the last ten years, to analyze the
assumptions and methodologies used in such projections, to identify the
reasons for differences between such projections and actual outcomes, and
to report and recommend at the 2012 annual Town Meeting standards and
methods to improve the accuracy of fiscal analyses of future proposed
rezoning actions.
Mr. Mehr presented reasons for the amendment.
9:18 p.m. Selectman Norman Cohen reported opposition of the Board of Selectmen.
Jessica Steigerwald, pr.8, reported unanimous opposition of the School
Committee.
March 28, 2011 Adjourned Session of the 2011 Annual Town Meeting, cont.
9:25 p.m. Glenn Parker, pr.9, reported the opposition of the Appropriation
Committee, with 2 in favor, 6 opposed, and 1 abstention. Appropriation
Committee member Eric Michelson spoke in support.
9:27 p.m. Members spoke in support and opposition to the Mehr amendment.
Mr. Mehr responded to questions from the members.
Members continued to speak in support and opposition raising questions
about fiscal impact of many projections, and estimate of staff resources to
support any study.
9:43 p.m. Frank Sandy, pr.6, moved debate on the amendment be extended until
finished or someone calls the question. Motion Not Adopted.
9:43 p.m. The Moderator called for a standing vote on the Mehr Amendment,
tallied as follows:
Pct 1 2 3 4 5 6 7 8 9 AL Total
YES 12 8 4 7 10 7 11 6 10 2 77
NO 2 5 7 9 7 13 10 11 4 16 84
9:44 p.m. With a vote of 77 in the affirmative and 84 in the negative, the Amendment
was declared Not Adopted.
9:48 p.m. Joseph Pato, pr.2, spoke to the amendment to the operating budget in 2010
regarding Health Insurance and request to report to the next Town
Meeting projecting Health Insurance costs.
9:55 p.m. Edith Sandy, pr.6, served notice of reconsideration of the Mehr
Amendment.
9:56 p.m. Appropriation Committee Chairman Joseph Pato, pr.2, responded to
questions on the Committee's report regarding insurance subscribers and
data projections. Mr. Pato explained plans for reporting at the 2012 Town
Meeting.
10:01 p.m. Selectman Hank Manz and Town Manager Carl Valente responded to
questions on fund availability and possible reductions in property taxes.
10:12 p.m. Selectman Hank Manz responded to questions on multi year budget
projections.
10:14 p.m. Selectman Deborah Mauger spoke on long term forecasts, to which
Appropriation Committee member Eric Michelson spoke further.
10:19 p.m. School Committee Chairman Mary Ann Stewart responded to questions
on school enrollments and on plans for coordination with the Town Clerk
and annual census and other resources.
10:20 p.m. Superintendent Paul Ash spoke further on school enrollment trends.
10:24 p.m. Town Manager Carl Valente responded to questions regarding street cuts
on newly paved roadways. Public Works Director William Hadley further
explained policies and enforcement.
10:29 p.m. Motion under Article 4 declared adopted by more than the necessary two-
thirds vote.
10:29 p.m. Glenn Parker, pr.9, served notice of reconsideration of Article 4.
10:29 p.m. Ephraim Weiss, pr.5, served notice of reconsideration of Article 4, line
2130 and line 2400.
10:30 p.m. Moderator Deborah Brown reviewed plans for article discussion at the
next meeting.
10:31 p.m. Selectman Hank Manz moved adjournment until 7:30 p.m., Wednesday,
March 30, 2010 at Cary Hall. Adopted Unanimously.
A true copy.
Attest:
Donna M. Hooper, Town Clerk
March 30, 2011 Adjourned Session of the 2011 Annual Town Meeting
The fourth session of the 2011 Annual Town Meeting was called to order by Moderator
Deborah Brown at 7:30 p.m. Wednesday, March 30, 2011; a quorum of 166 members
present.
7:33 p.m. Charles Lamb, pr.4, Chair of Capital Expenditures Committee, moved the
report of the Capital Expenditures Committee be received and placed on
file. Adopted.
7:38 p.m. Selectman Hank Manz moved to take up Articles 5, 6 and 7. Adopted
Unanimously.
7:39 p.m. Presented by Selectman Norman Cohen.
ARTICLE 5: APPROPRIATE FY2012 ENTERPRISE FUND BUDGETS
MOTION:
a) That the Town appropriate the following sums of money to operate the
Water Division of the Department of Public Works during fiscal year 2012
under the provisions of M.G.L. Chapter 44, Section 53F1/2:
Salaries $ 641,423
Expenses 384,400
Debt Service (non-exempt) 1,202,906
MWRA Assessment 5,012,091
Total $7,240,820
Said sum to be funded from water receipts and $450,000 from retained
earnings.
b) That the Town appropriate the following sums of money to operate the
Wastewater(Sewer)Division of the Department of Public Works during
fiscal year 2012 under the provisions of M.G.L. Chapter 44, Section
53F1/2:
Salaries $ 275,369
Expenses 330,450
Debt Service (non-exempt) 683,223
MWRA Assessment 6,866,826
Total $8,155,868
Said sum to be funded from wastewater receipts and $300,000 from
retained earnings.
c) That the Town appropriate the following sums of money to operate the
Recreation Department during fiscal year 2012 under the provisions of
M.G.L. Chapter 44, Section 53F1/2:
Salaries $ 643,143
Expenses 966,745
Debt Service (non-exempt) 131,500
Total $1,741,388
Said sum to be funded from recreation receipts and $375,000 from
retained earnings.
Mr. Cohen reported unanimous support of the Selectmen.
7:42 p.m. Richard Neumeier, pr.3, reported unanimous support of the Appropriation
Committee.
7:43 p.m. Patrick Mehr, pr.3, raised questions on health benefit costs, to which
Town Manager Carl Valente responded.
7:45 p.m. Motion Adopted Unanimously.
7:47 p.m. Presented by Selectman Deborah Mauger.
ARTICLE 6: APPROPRIATE FOR SENIOR SERVICE PROGRAM
MOTION: That the Town appropriate $10,000 for the purpose of conducting a
Senior Service Program, to be spent under the direction of the Town Manager;
that to meet this appropriation $10,000 be raised in the tax levy; and that the
Board of Selectmen be authorized to establish rules and regulations for the
conduct of the program.
March 30, 2011 Adjourned Session of the 2011 Annual Town Meeting, cont.
Ms. Mauger explained requested action and reported unanimous support of the
Selectmen.
7:48 p.m. John Bartenstein, pr.1, reported unanimous support of the Appropriation
Committee. Motion Adopted Unanimously.
7:51 p.m. Presented by Selectman Norman Cohen.
ARTICLE 7: CONTINUE AND APPROVE DEPARTMENTAL
REVOLVING FUNDS
MOTION: That the Town authorize the following revolving funds for certain
Town departments pursuant to the provisions of M.G.L. Chapter 44, Section
53E1/2 for the fiscal year beginning July 1, 2011, as follows:
Authorized
Revolving Representative or Departmental Use of Fund FY2012
Fund Board to Spend Receipts Authorization
Personnel and
Building Rental Public Facilities Building Rental Expenses Related $325,000
Revolving Fund Director Fees to the Rental of
Facilities
DPW Burial Public Works Sale of Grave
Containers Director Boxes and Burial Program Expenses $35,000
Vaults
Sale of Compost Personnel,
DPW Compost Public Works Benefits,Program
Operations Director and Loam,Yard Expenses and $499,000
Waste Permits Capital
Board of License Fees from CATV contract,
PEG Access Selectmen and Cable TV equipment and $430,000
Town Manager Providers related expenses
Lexington Tree Fund Board of Gifts and Fees Program Expenses $20,000
Selectmen
Minuteman
Household Public Works Fees Paid by
Program Expenses $175,000
Hazardous Waste Director Consortium Towns
Program
Health Programs Health Director Medicare Program Expenses $10,000
Reimbursements
Council on Aging Human Services Program Fees and
Program Expenses $100,000
Programs Director Gifts
Liberty Ride
Tourism/Liberty Town Manager Receipts, including
Ride and Tourism ticket sales, Program Expenses $199,000
Committee advertising revenue
and charger sales
School Bus School Committee School Bus Fees Bus Transportation $830,000
Transportation Expenses
Regional Cache— Public Works User Fees from
Hartwell Avenue Director Participating $20,000
Municipalities
Mr. Cohen explained requested action and reported unanimous support of the Selectmen.
7:54 p.m. Joseph Pato, pr.2, reported unanimous support of Appropriation
Committee. Theodore Edson reported unanimous support of the Capital
Expenditures Committee for the 2 capital projects.
7:55 p.m. Motion Adopted Unanimously.
7:55 p.m. Hank Manz moved Articles 9, 10, 11 & 12 be taken up. Adopted Unanimously.
Selectman George Burnell presented the Selectmen's overview of capital requests.
7:55 p.m. Presented by Selectman George Burnell.
ARTICLE 9: APPPROPRIATE FOR RECREATION CAPITAL PROJECT
MOTION: That $165,000 be appropriated for renovations to the Town Pool
Complex, and that to meet this appropriation $165,000 be transferred from the
Recreation Fund Retained Earnings.
8:04 p.m. Charles Lamb, pr.4, served notice of reconsideration of Articles 5, 6, & 7.
Mr. Burnell reported unanimous support of the Selectmen for Article 9.
8:05 p.m. Recreation Committee member Howard Vogel presented the request of the
Recreation Committee.
March 30, 2011 Adjourned Session of the 2011 Annual Town Meeting, cont.
8:06 p.m. Richard Neumeier, pr.3, reported unanimous support of the Appropriation
Committee. Shirley Stolz, pr.6, reported unanimous support of the Capital Expenditures
Committee. Glenn Parker, pr.9, responded to questions about spending levels on
infrastructure maintenance.
8:13 p.m. Motion Adopted Unanimously.
8:13 p.m. Presented by Selectman George Burnell.
ARTICLE 10: APPPROPRIATE FOR MUNICIPAL CAPITAL PROJECTS
AND EQUIPMENT
MOTION: That the following amounts be appropriated for the following
capital improvements and that each amount be raised as indicated:
a) Dam Repair - $270,000 for reconstructing and making extraordinary
repairs to the Butterfield Dam, and that to meet this appropriation the
Treasurer, with the approval of the Board of Selectmen, is authorized to
borrow $270,000 under M.G.L. Chapter 44, Section 7 or any other
enabling authority;
b) DPW Equipment Replacement - $485,100 for the cost of departmental
equipment for the Department of Public Works and all incidental costs
related thereto, and that to meet this appropriation $120,100 be transferred
from Water Retained Earnings and the Treasurer, with the approval of the
Board of Selectmen, is authorized to borrow $365,000 under M.G.L.
Chapter 44, Sections 7 and 8 or any other enabling authority;
c) Storm Drainage Improvements - $500,000 for constructing and
reconstructing storm drains and all incidental costs related thereto, and
that to meet this appropriation the Treasurer, with the approval of the
Board of Selectmen, is authorized to borrow $500,000 under M.G.L.
Chapter 44, Section 7 or any other enabling authority;
d) Sidewalk Improvements and Easements - $200,000 for rebuilding and
repaving existing sidewalks and constructing new sidewalks, and to take
by eminent domain, purchase or otherwise acquire any fee, easement or
other interest in land necessary therefor, and that to meet this
appropriation the Treasurer, with the approval of the Board of Selectmen,
is authorized to borrow $200,000 under M.G.L. Chapter 44, Section 7 or
any other enabling authority;
e) Replacement of Ambulance - $240,000 for the purchase of a new
ambulance for the Fire Department, and that to meet this appropriation the
Treasurer, with the approval of the Board of Selectmen, is authorized to
borrow $240,000 under M.G.L. Chapter 44, Section 7 or any other
enabling authority;
f) MIS Technology Improvement Program - $165,000 for the purchase and
installation of computer hardware and other data processing equipment
and all incidental costs related thereto, and that to meet this appropriation
the Treasurer, with the approval of the Board of Selectmen, is authorized
to borrow $165,000 under M.G.L. Chapter 44, Section 7 or any other
enabling authority;
g) Townwide Electronic Document Management System - $410,000 for
computer hardware and other data processing equipment and all incidental
costs related thereto, and that to meet this appropriation the Treasurer,
with the approval of the Board of Selectmen, is authorized to borrow
$410,000 under M.G.L. Chapter 44, Section 7 or any other enabling
authority;
h) Hydrant Replacement Project - $50,000 for the replacement of fire
hydrants and all incidental costs related thereto, and that to meet this
appropriation $25,000 be transferred from Water Retained Earnings and
$25,000 be raised from the general fund unreserved fund balance;
i) South Lexington Transportation Master Plan—that this item be
indefinitely postponed;
j) Street Improvements and Easements - $846,602 for road reconstruction,
repairs and resurfacing by the Department of Public Works and all
incidental costs related thereto, and to take by eminent domain, purchase
or otherwise acquire any fee, easement or other interest in land necessary
therefor, and that to meet this appropriation $846,602 be raised in the tax
levy; and authorize the Town to accept and expend any additional funds
provided or to be provided by the Commonwealth of Massachusetts
through the Massachusetts Highway Department;
March 30, 2011 Adjourned Session of the 2011 Annual Town Meeting, cont.
k) Westview Cemetery Irrigation—Phase III- $35,000 for completing the in-
ground irrigation system for the Westview Cemetery, and that to meet this
appropriation $35,000 be raised from the general fund unreserved fund
balance;
1) Comprehensive Watershed Stormwater Management - $50,000 for
consultant services for initial design development of improvements
recommended in phase one, and that to meet this appropriation $50,000 be
raised from the general fund unreserved fund balance.
m) Townwide Signalization Improvements - $42,000 for improvements to
pedestrian signals at street crossings, and that to meet this appropriation
$42,000 be raised from the general fund unreserved fund balance;
n) Waltham Street Pedestrian Safety Improvements - $66,000 for the
installation of a high visibility pedestrian crossing on Waltham Street in
the vicinity of Brookhaven, and that to meet this appropriation $66,000 be
appropriated from the Traffic Mitigation Stabilization Fund;
o) Park Improvements—Athletic Fields - $50,000 for improvements to parks
and athletic fields, including the Franklin ballfield area, and that to meet
this appropriation $7,415 be transferred from Article 30 of the Warrant for
the 1999 Annual Town Meeting, and $42,585 be raised from the general
fund unreserved fund balance; and
p) Firefighter Protection Turnout Gear- $88,000 for firefighter protection
turnout gear, and that to meet this appropriation $17,326 be transferred
from Article 20 of the Warrant for the 2009 Annual Town Meeting,
$14,091 to be transferred from Article 3 lb of the Warrant for the 2007
Annual Town Meeting, $2,217 be transferred from Article 15b of the
Warrant for the 2008 Annual Town Meeting, $812 be transferred from
Article 15a of the Warrant for the 2009 Annual Town Meeting, $98 be
transferred from Article 30b of the Warrant for the 2005 Annual Town
Meeting, $87 be transferred from Article 13c of the Warrant for the 2007
Annual Town Meeting, and $53,369 be raised from the general fund
unreserved fund balance.
Mr. Burnell reviewed requested project funding and reported unanimous support of the
Selectmen.
8:20 p.m. Mary Ann Stewart, pr.1, reported School Committee support for
sections g & d. Theodore Edson reported unanimous support of the
Capital Expenditures Committee.
8:21 p.m. Glenn Parker, pr.9, reported unanimous support of the Appropriation
Committee. Mr. Parker served notice of reconsideration of Article 9.
8:21 p.m. Fire Chief William Middlemiss responded to questions on ambulance
replacement. Public Works Director William Hadley responded to questions on indoor
equipment storage, impact on operations, and equipment manufacturers.
Selectman George Burnell explained the indefinite postponement of subpart T.
Questions on chapter 90 funding, street and sewer maintenance and improvements were
addressed.
8:44 p.m. Charles Lamb, pr.4, explained these issues were discussed in the report of
the Committee.
8:47 p.m. Town Engineer John Livsey responded to questions on quality of
roadwork performed, specifications, road standards, state roadway improvements, and
dam repair.
8:56 p.m. Motion Adopted Unanimously.
8:56 p.m. Glenn Parker, pr.9, served notice of reconsideration of Article 10.
8:56 p.m. Presented by Selectman Hank Manz.
ARTICLE 11: APPPROPRIATE FOR SEWER SYSTEM IMPROVEMENTS
MOTION: That: (a)the Selectmen are hereby authorized to install sewer
mains and sewerage systems and replacements thereof, and all incidental costs
related thereto in such accepted or unaccepted streets or other land as the
Selectmen may determine, subject to the assessment of betterments or otherwise,
in accordance with Chapter 504 of the Acts of 1897, and acts in addition thereto
and amendment thereof, or otherwise, and to take by eminent domain, purchase or
otherwise acquire any fee, easement or other interest in land necessary therefor; to
appropriate for such installation and land acquisition the sum of$1,200,000, and
March 30, 2011 Adjourned Session of the 2011 Annual Town Meeting, cont.
to raise such amount $300,000 be transferred from Sewer Retained Earnings and
the Treasurer with the approval of the Board of Selectmen is authorized to borrow
$900,000 under M.G.L. Chapter 44, Section 7 or any other enabling authority;
and that the Treasurer with the approval of the Board of Selectmen is authorized
to borrow all or a portion of such amount from the Massachusetts Water
Resources Authority and in connection therewith to enter into a loan agreement
and/or security agreement; and (b) $100,000 be appropriated for pump station
upgrades and all incidental costs related thereto, and to raise such amount the
Treasurer, with the approval of the Board of Selectmen, is authorized to borrow
$100,000 under M.G.L. Chapter 44, Section 7 or any other enabling authority.
8:58 p.m. Mr. Manz reported unanimous support of the Selectmen. Theodore Edson
reported unanimous support of Capital Expenditures Committee. John Bartenstein, pr.1,
reported unanimous support of Appropriation Committee.
8:59 p.m. Motion Adopted Unanimously
8:59 p.m. Glenn Parker, pr.9, served notice of reconsideration of Article 11.
8:59 p.m. Presented by Selectman Peter Kelley.
ARTICLE 12: APPROPRIATE FOR SCHOOL CAPITAL PROJECTS
AND EQUIPMENT
MOTION: That the following amounts be appropriated for the following
school capital improvements and that each amount be raised as indicated:
a) School Technology - $737,000 for maintaining and upgrading the
Lexington Public Schools' technology systems, and that to meet this
appropriation $235,000 be raised from the general fund unreserved fund
balance, and the Treasurer, with the approval of the Board of Selectmen, is
authorized to borrow $502,000 under M.G.L. Chapter 44, Section 7 or any
other enabling authority.
b) Food Service Equipment - $34,000 for the purchase of food service
equipment and all incidental costs related thereto, and that to meet this
appropriation the Treasurer, with the approval of the Board of Selectmen,
is authorized to borrow $34,000 under M.G.L. Chapter 44, Section 7 or
any other enabling authority.
c) Classroom Furniture - $150,000 for the purchase of classroom furniture,
and that to meet this appropriation the Treasurer, with the approval of the
Board of Selectmen, is authorized to borrow $150,000 under M.G.L.
Chapter 44, Section 7 or any other enabling authority.
9:00 p.m. Margaret Coppe, pr.9, presented on behalf of the School Committee.
Mary Ellen Dunn, Assistant Superintendent for Finance, explained the
authority of the Food Service Revolving Fund.
9:03 p.m. Alan Levine, pr.8, further explained types of revolving funds.
Ms. Coppe reported unanimous support of the School Committee.
9:04 p.m. William Hurley reported unanimous support of Capital Expenditures
Committee. Mollie Garberg, pr 9, reported unanimous support of Appropriation
Committee.
9:05 p.m. Thomas Plattie, Director of Education Technology and Assessment,
responded to questions on school technology replacement rate.
9:11 p.m. Charles Lamb, pr.4, responded to questions on borrowing for technology
hardware, to which Finance Director Robert Addelson provided further explanation.
9:15 p.m. Motion Adopted Unanimously.
9:16 p.m. Glenn Parker, pr.9, served notice of reconsideration of Article 12.
9:16 p.m. Presented by Selectman Hank Manz.
ARTICLE 15: APPROPRIATE FOR COMMUNITY CENTER (Citizen Article)
MOTION: That this article be indefinitely postponed.
Benjamin Cohen, pr.3, spoke to indefinite postponement.
9:19 p.m. Motion Adopted Unanimously.
9:19 p.m. Selectman Hank Manz moved Articles 18, 19, 21, 22, and 23 be taken up.
Adopted Unanimously.
March 30, 2011 Adjourned Session of the 2011 Annual Town Meeting, cont.
9:19 p.m. Presented by Selectman Deborah Mauger.
ARTICLE 18: APPROPRIATE TO POST EMPLOYMENT INSURANCE
LIABILITY FUND
MOTION: That $500,000 be appropriated to the Town of Lexington Post
Employment Insurance Liability Fund, as established by Chapter 317 of the Acts
of 2002, and that to meet this appropriation $500,000 be raised from the general
fund unreserved fund balance.
9:22 p.m. Selectman Mauger reported support of Selectmen.
Alan Levine, pr.8, reported unanimous support of Appropriation
Committee.
9:23 p.m. Town Manager Carl Valente responded to questions regarding insurance
liability fund disbursements. Alan Levine further explained the post employment
liability. Mr. Valente responded to health premium questions and insurance liability.
9:30 p.m. Motion Adopted.
9:31 p.m. Glenn Parker, pr.9, served notice of reconsideration of Article 18.
9:31 p.m. Presented by Selectman Hank Manz.
ARTICLE 19: RESCIND PRIOR BORROWING AUTHORIZATIONS
MOTION: That the unissued portions of the following debt authorizations
are hereby rescinded:
• $7,300 voted under Article 13c of the Warrant for the 2007 Annual
Town Meeting;
• $29,822 voted under Article 15b of the Warrant for the 2008 Annual
Town Meeting; and
• $45,000 voted under Article 20 of the Warrant for the 2009 Annual
Town Meeting.
9:31 p.m. Mr. Manz reported unanimous support of Selectmen.
9:32 p.m. Glenn Parker, pr.9, reported unanimous support of Appropriation
Committee. Charles Lamb, pr.4, reported unanimous support of Capital Expenditures
Committee.
9:33 p.m. Adopted Unanimously.
Charles Lamb served notice of reconsideration of Article 19.
9:33 p.m. Presented by Selectman Hank Manz.
ARTICLE 21: APPROPRIATE TO STABILIZATION FUND
MOTION: That this article be indefinitely postponed.
9:33 p.m. Motion Adopted Unanimously.
9:34 p.m. Presented by Selectman Norman Cohen.
ARTICLE 22: APPROPRIATE FROM DEBT SERVICE STABILIZATION FUND
MOTION: That $124,057 be appropriated from the Debt Service Stabilization
Fund to offset the FY2011 debt service of the bond dated February 1, 2003 issued for
funding additions and renovations to the Lexington High School, Clarke Middle School
and Diamond Middle School.
9:34 p.m. Mr. Cohen reported unanimous support of Selectmen.
9:34 p.m. Charles Lamb, pr.4, reported unanimous support of Capital Expenditures
Committee. Susan McLeish, pr.4, reported unanimous support of
Appropriation Committee.
9:35 p.m. Motion Adopted Unanimously.
9:36 p.m. Presented by Selectman Hank Manz.
ARTICLE 23: APPROPRIATE FOR PRIOR YEARS' UNPAID BILLS
MOTION: That this article be indefinitely postponed.
9:36 p.m. Mr. Manz reported no unpaid prior years' bills.
9:36 p.m. Motion Adopted Unanimously.
9:37 p.m. Glenn Parker, pr.9., served notice of reconsideration of Articles 22 and 23.
Following a brief recess Selectman Hank Manz moved Article 36 be taken up.
Adopted Unanimously.
March 30, 2011 Adjourned Session of the 2011 Annual Town Meeting, cont.
9:42 p.m. Presented by Ephraim Weiss, pr.5.
ARTICLE 36: ANALYZE EMPLOYEE HEALTH BENEFITS
MOTION: That the Town call upon the Appropriation Committee, pursuant to
a resolution passed at the 2010 Town Meeting, to accelerate its work to analyze
employee health benefits in order to determine trends and possible alternative
ways of controlling costs without serious detrimental effects on total
compensation and with full respect of individual privacy, and to report on said
work on an ongoing basis; or to act in any other manner in relation thereto.
9:43 p.m. Mr. Weiss reviewed requested action.
9:45 p.m. Joseph Pato, pr.2, reported on the scope of the responsibility of the
Appropriation Committee and reported unanimous opposition.
9:46 p.m. Selectman Deborah Mauger reported opposition of the Selectmen.
9:47 p.m. Joseph Pato responded to questions on the Appropriation Committee's
interpretation of the motion.
9:52 p.m. Members commented further on previous work, and composition, of
Health Benefits Review Committee.
9:55 p.m. Members spoke in support and opposition.
10:01 p.m. Motion Not Adopted.
10:01 p.m. David Kanter, pr.7, moved to Reconsider Article 22 to correct a clerical
error. Motion to Reconsider Article 22 Adopted Unanimously.
ARTICLE 22: APPROPRIATE FROM DEBT SERVICE STABILIZATION FUND
MOTION: That $124,057 be appropriated from the Debt Service Stabilization
Fund to offset the FY2011 debt service of the bond dated February 1, 2003 issued
for funding additions and renovations to the Lexington High School, Clarke
Middle School and Diamond Middle School.
10:02 p.m. Selectman Norman Cohen moved to Amend Article 22 —
AMENDMENT: To substitute 'FY2011' with 'FY2012'.
Motion to Amend Adopted Unanimously.
Motion to approve Article 22 as amended Adopted Unanimously.
10:05 p.m. Hank Manz moved the meeting be adjourned until 7:30 p.m., Monday,
April 4, 2011 at Cary Hall. Adopted Unanimously.
A true copy.
Attest:
Donna M. Hooper, Town Clerk
April 4, 2011 Adjourned Session of the 2011 Annual Town Meeting
The fifth session of the 2011 Annual Town Meeting was called to order by Moderator
Deborah Brown at 7:30 p.m. Monday, April 4, 2011; a quorum of 185 members
present.
Following a moment of silence in memory of those who recently passed away,
The Moderator outlined plans for the evening, to take up articles 13, 14, 37, 38, 24, 25,
and reconsider the Article 4 Mehr amendment.
7:39 p.m. Deputy Moderator Deborah Strod stepped forward to preside over Article 13.
7:41 p.m. Presented by Mary Ann Stewart, pr.1.
ARTICLE 13: APPROPRIATE FOR PUBLIC FACILITIES CAPITAL PROJECTS
MOTION: That the following amounts be appropriated for the following
capital improvements to public facilities and that each amount be raised as
indicated:
a) Bridge and Bowman Schools Renovation Design, Development and
Engineering— $280,000, in addition to the $750,000 previously
appropriated, for the cost of architectural and engineering services for
planning the reconstruction of the Bridge and Bowman Schools, said
sums to be expended under the direction of the Permanent Building
Committee, and that to meet this appropriation the Treasurer, with the
approval of the Board of Selectmen, is authorized to borrow $280,000
under M.G.L. Chapter 44, Section 7, or any other enabling authority.
April 4, 2011 Adjourned Session of the 2011 Annual Town Meeting, cont.
b) Estabrook School Feasibility and Related Street Access
Improvements:
i. Estabrook School Feasibility Study - $1,050,000 for a feasibility study
to study the deficiencies and determine the appropriate solution for the
Estabrook School located at 117 Grove Street, said sum to be expended
under the direction of the Permanent Building Committee, and to meet
said appropriation the Treasurer, with the approval of the Board of
Selectmen, is authorized to borrow said sum under M.G.L. Chapter 44,
or any other enabling authority; that the Town of Lexington
acknowledges that the Massachusetts School Building Authority's
("MSBA") grant program is a non-entitlement, discretionary program
based on need, as determined by the MSBA, and any costs the Town
incurs in excess of any grant approved by and received from the MSBA
shall be the sole responsibility of the Town, and that the amount of
borrowing authorized pursuant to this vote shall be reduced by any grant
amount set forth in the Feasibility Study Agreement that may be
executed between the Town and the MSBA; and
ii. Estabrook School Related Street Access Improvements - $100,000 for
See McGuirk design and engineering of right-of-way modifications and upgrading of
Amendment of Robinson Road to current code, and that to meet this appropriation the
April 11, 2011
for Article 13 Treasurer, with the approval of the Board of Selectmen, is authorized to
(b)(ii) borrow $100,000 under M.G.L. Chapter 44, Section 7, or any other
enabling authority.
c) School Building Envelop and Systems - $300,000 for school buildings
and systems repairs and that to meet this appropriation $300,000 be
raised from the general fund unreserved fund balance.
d) School Improvement Projects— $645,000 for reconstructing and
making extraordinary repairs to school buildings, including design and
engineering, and that to meet this appropriation $320,000 be raised
from the general fund unreserved fund balance and the Treasurer, with
the approval of the Board of Selectmen, is authorized to borrow
$325,000 under M.G.L. Chapter 44, Section 7, or any other enabling
authority.
e) Clarke Middle School Paving Improvements - $125,000 for installing
and paving a sidewalk and parking area, and that to meet this
appropriation the Treasurer, with the approval of the Board of
Selectmen, is authorized to borrow $125,000 under M.G.L. Chapter
44, Section 7, or any other enabling authority.
f) Lexington High School Roof Repair - $998,000 for making
extraordinary repairs to the roofing at Lexington High School, 251
Waltham Street, which repair project would materially extend the
useful life of the school and preserve an asset that otherwise is capable
of supporting the required educational program, said sum to be
expended under the direction of the Department of Public Facilities,
and to meet said appropriation the Treasurer, with the approval of the
Board of Selectmen, is authorized to borrow said sum under M.G.L.
Chapter 44, or any other enabling authority; that the Town of
Lexington acknowledges that the Massachusetts School Building
Authority's ("MSBA") grant program is a non-entitlement,
discretionary program based on need, as determined by the MSBA,
and any costs the Town incurs in excess of any grant approved by and
received from the MSBA shall be the sole responsibility of the Town;
provided further that any grant that Lexington may receive from the
MSBA for the project shall not exceed the lesser of(1) 33.95% of
eligible, approved project costs, as determined by the MSBA, or(2)
the total maximum grant amount.
g) Hastings School Playground Expansion - $75,000 for expanding and
equipping the playground, and that to meet this appropriation the
Treasurer, with the approval of the Board of Selectmen, is authorized
to borrow $75,000 under M.G.L. Chapter 44, Section 7, or any other
enabling authority.
h) School Paving Program - $75,000 for maintaining school parking and
paved pedestrian surfaces, and that to meet this appropriation $75,000
be raised from the general fund unreserved fund balance.
April 4, 2011 Adjourned Session of the 2011 Annual Town Meeting, cont.
i) Diamond Middle School Extraordinary Repair - $75,000 for making
repairs to the portable classrooms, and that to meet this appropriation
$75,000 be raised from the general fund unreserved fund balance.
j) Municipal Building Envelop and Systems - $265,572 for design,
construction, repair and replacement projects for the maintenance and
upgrade of municipal buildings and systems, and that to meet this
appropriation, $165,572 be raised from the general fund unreserved
fund balance and $100,000 be raised in the tax levy.
k) Repair of Fire Station Floor - $450,000 for making extraordinary
repairs to the Fire Headquarters floor, and that to meet this
appropriation the Treasurer, with the approval of the Board of
Selectmen, is authorized to borrow $450,000 under M.G.L. Chapter
44, Section 7, or any other enabling authority.
1) Library Material Handling System Design - $100,000 for designing
and installing a material handling system for Cary Memorial Library,
and that to meet this appropriation $100,000 be raised from the general
fund unreserved fund balance.
Mary Ann Stewart, School Committee Chair, explained part 13 (b) (i), followed by
Committee member Alessandro Alessandrini (pr.4). Jonathan Himmel, Permanent
Building Committee, provided an overview of the process followed over past years;
followed by further presentations by Alessandro Alessandrini and Department of Public
Facilities Director Patrick Goddard, who addressed 13 (b) (ii).
8:09 p.m. George Burnell reported unanimous support of Selectmen for 13 (b)(i& ii).
8:09 p.m. William Hurley reported support (5-0) of Capital Expenditures Committee
for 13(b)(i&ii). Mollie Garberg reported unanimous support of Appropriation Committee
for 13(b)(i&ii).
Members questioned possible takings on Robinson Road, easements, and impact on
properties. Patrick Goddard, Director of Public Facilities, responded to questions.
Joyce Miller, Conservation Commission Chair, commented on wetland issues along
Robinson Road.
Residents spoke from the audience, questioning proposed Robinson Road
improvements, safety access needs, and rebuilding Estabrook School.
School Committee Chair Mary Ann Stewart responded to questions on taxpayer
impact of project, followed by Patrick Goddard, Director of Public Facilities, and Robert
Addelson, Finance Director.
Discussion ensued, with questions on voting on both parts (b)(i) and (ii), along with
further discussion on school maintenance, needs, and impact on recreational field space.
8:53 p.m. David Kanter, pr.7, moved the question now be put. Motion Adopted.
8:55 p.m. Following a voice vote on Article 13 (b)(i), the Moderator declared the
motion adopted by more than the necessary two-thirds vote.
8:56 p.m. Following a voice vote on Article (b)(ii), the Moderator declared the
motion adopted by more than the necessary two-thirds vote.
8:57 p.m. Charles Lamb, pr.4, served notice of reconsideration of Article 13 (b)(i)
and 13 (b)(ii).
8:58 p.m. Moderator Deborah Brown returned to the position of Moderator and
advised discussion of the remainder of Article 13 to be before the meeting.
8:58 p.m. Mary Ann Stewart, School Committee explained requested action under
Article 13(a) and reported unanimous support of the School Committee.
9:11 p.m. Selectman George Burnell reported support of the Selectmen for Article
13(a) (4-1).
9:11 p.m. William Hurley reported unanimous support of Capital Expenditures
Committee for Article 13(a).
9:13 p.m. Selectman Peter Kelley presented a minority report that supports new
construction as opposed to building renovations.
9:23 p.m. Residents spoke in support.
Members spoke in support and opposition, questioned building renovation vs. building
reconstruction approach, cost implications, and facilities meeting program needs.
9:48 p.m. Bowman and Bridge school Principals Mary Anton and Margaret Colella
spoke in support. Discussion, in support and opposition, continued.
10:09 p.m. Jonathan Himmel, Permanent Building Committee Chairman, responded
to questions regarding state reimbursement issues. Discussion continued.
April 4, 2011 Adjourned Session of the 2011 Annual Town Meeting, cont.
10:21 p.m. Joel Adler, pr.1, moved the question on Article 13(a) be put. Motion
Adopted. Mary Ann Stewart, pr.1, summarized and sought support for Article 13(a).
10:23 p.m. Motion under Article 13(a) declared adopted by more than the necessary
two-thirds vote.
10:23 p.m. Charles Lamb, pr.4, served notice of reconsideration of Article 13(a).
10:23 p.m. Selectman Hank Manz moved adjournment until 7:30 p.m., Wednesday,
April 6, 2011 at Cary Hall. Motion Adopted.
A true copy.
Attest:
Donna M. Hooper, Town Clerk
April 6, 2011 Adjourned Session of the 2011 Annual Town Meeting
The sixth session of the 2011 Annual Town Meeting was called to order by Moderator
Deborah Brown at 7:30 p.m. Wednesday, April 6, 2011; a quorum of 168 members
present.
ARTICLE 2: ELECTION OF DEPUTY MODERATOR AND REPORTS OF
TOWN BOARDS, OFFICERS, COMMITTEES
7:36 p.m. William Kennedy, pr.9, moved the Report of the Lexington Housing
Assistance Board (LexHAB) be received and placed on file. Adopted
Unanimously. Mr. Kennedy reported.
7:39 p.m. Wendy Manz, pr.9, moved the Report of the Community Preservation
Committee be accepted and placed on file. Adopted. Mrs. Manz reported.
7:51 p.m. Presented by Wendy Manz, pr.9, Community Preservation Committee
Chair.
ARTICLE 8: APPROPRIATE THE FY 2012 COMMUNITY PRESERVATION
COMMITTEE OPERATING BUDGET AND CPA PROJECTS
MOTION: That the Town hear and act on the report of the Community Preservation
Committee on the FY2012 Community Preservation budget and, pursuant to the
recommendations of the Community Preservation Committee, take the following actions:
That the Town reserve for appropriation the following amounts from estimated
FY2012 receipts as recommended by the Community Preservation Committee:
1. $419,900 for the acquisition, creation and preservation of open space
excluding land for recreational use;
2. $419,900 for the acquisition, preservation, rehabilitation and restoration of
historic resources;
3. $419,900 for the creation, preservation and support of community housing;
and
4. $2,939,300 to the Unbudgeted Reserve.
And further, that the Town make appropriations from the Community
Preservation Fund and other sources as follows:
a) That $150,000 be appropriated for Archives and Records Management and
Conservation and to meet this appropriation, $150,000 be appropriated
from the Historic Resources Reserve of the Community Preservation
Fund.
b) That $60,000 be appropriated for the East Lexington Fire Station Doors
Replacement and to meet this appropriation, $60,000 be appropriated from
the Historic Resources Reserve of the Community Preservation Fund.
c) That $30,000 be appropriated for Leary Planning Funds and to meet this
appropriation, $30,000 be appropriated from the Community Housing
Reserve of the Community Preservation Fund.
d) That $450,000 be appropriated for the LexHAB Set-Aside for Housing
Acquisition and to meet this appropriation, $393,432 be appropriated from
the Community Housing Reserve of the Community Preservation Fund
and $56,568 be appropriated from the Unbudgeted Reserves of the
Community Preservation Fund.
e) That $50,000 be appropriated for Battle Green Monument Restoration and
to meet this appropriation, $50,000 be appropriated from the Historic
Resources Reserve of the Community Preservation Fund.
April 6, 2011 Adjourned Session of the 2011 Annual Town Meeting, cont.
f) That $50,000 be appropriated for Battle Green Master Plan
Implementation, including improvement of pathways and fencing, and to
meet this appropriation, $50,000 be appropriated from the Historic
Resources Reserve of the Community Preservation Fund.
g) That $911,863 be appropriated for Center Playfields Drainage
Implementation—Phase II and to meet this appropriation, $911,863 be
appropriated from the Undesignated Fund Balance of the Community
Preservation Fund.
h) That this item (Muzzey Condominium Window Replacement) be
indefinitely postponed.
i) That $364,800 be appropriated for Vynebrooke Village Drainage
Improvements and to meet this appropriation, $364,800 be appropriated
from the Unbudgeted Reserves of the Community Preservation Fund.
j) That $974,600 be appropriated for Busa Farm Debt Service and to meet
this appropriation, $757,715 be appropriated from the Unbudgeted
Reserves of the Community Preservation Fund and $216,885 be
appropriated from General Fund Unreserved Fund Balance.
k) That $1,300,604 be appropriated for Cotton Farm Debt Service and to
meet this appropriation, $419,900 be appropriated from the Open Space
Reserve of the Community Preservation Fund and $880,704 be
appropriated from the Unbudgeted Reserves of the Community
Preservation Fund.
1) That $150,000 be appropriated for the Administrative Expenses and all
other necessary proper expenses of the Community Preservation
Committee for FY 2012 and to meet this appropriation, $150,000 be
appropriated from the Unbudgeted Reserves of the Community
Preservation Fund.
7:52 p.m. Wendy Manz provided an overview of Community Preservation requests
for FY2012 and explained procedures for applicant presentations.
7:56 p.m. 8(a) Presentation by Nasrin Rohani, Archivist
Deborah Mauger reported unanimous support of Selectmen
David Kanter reported unanimous support of Capital Expenditures
Committee. Susan McLeish reported unanimous support of
Appropriation Committee. Questions were addressed from the members.
8:03 p.m. 8(b) Presentation by Mark Barrett, Department of Public Facilities
Deborah Mauger reported unanimous support of Selectmen. David Kanter
reported unanimous support of Capital Expenditures Committee. Susan
McLeish reported unanimous support of Appropriation Committee.
Questions were addressed from the members.
8:08 p.m. 8(c) Presentation by Lester Savage, Chair, Leary Property Task Force
Deborah Mauger reported unanimous support of Selectmen.
David Kanter requested this section be divided out for voting separately.
Not Adopted.
Susan McLeish reported unanimous support of Appropriation Committee.
Richard Canale, pr.9, reported unanimous support of Planning Board
Joyce Miller, Conservation Commission, spoke on concerns and role
of LexHAB.
Citizens spoke in opposition, presented concerns on building density and
accessibility. Members questioned proposed survey, possible number of units to
be constructed, preservation of Leary farmhouse, and funding sources.
Members spoke in support and opposition, questioned future involvement by
town meeting.
Planning Director Maryann McCall-Taylor explained allowable development
types and procedures. Selectman Deborah Mauger explained although Selectmen
may be able to take action without Town Meeting that would be unlikely.
8:49 p.m. Selectman Deborah Mauger reported the agreement of the Selectmen
that if for any reason more than 2 dwelling units were to be proposed the matter would be
brought to Town Meeting.
8:56 p.m. Albert Zabin, pr.1, moved the question on part (c)now be put. Adopted.
8:58 p.m. Motion under Article 8 (c) —Not Adopted.
8:59 p.m. 8 (d) Presentation by William Kennedy, LexHAB.
Deborah Mauger reported unanimous support of Selectmen.
April 6, 2011 Adjourned Session of the 2011 Annual Town Meeting, cont.
David Kanter reported unanimous support of Capital Expenditures Committee
with a condition that the guidelines be included and offered a friendly
amendment. Richard Canale reported unanimous support of Planning Board.
9:12 p.m. The Moderator called for a recess.
9:26 p.m. With the Meeting back in session, David Kanter, pr.7, moved the
following amendment to section 8(d):
AMENDMENT: After `Housing Acquisition', add " , subject to the Guidelines
for the Use of CPA Funding by LexHAB, approved February 17, 2011, "
9:27 p.m. Wendy Manz, pr.9, reported the Community Preservation Committee is
willing to accept this as a friendly amendment.
9:26 p.m. William Kennedy reported LexHAB had no objection to the amendment.
9:28 p.m. Selectman Deborah Mauger reported unanimous support of Selectmen.
9:28 p.m. David Kanter reported the support of the Capital Expenditures Committee;
Susan McLeish reported the support of Appropriation Committee.
Richard Canale, pr.9, reported 3-1 support of the Planning Board.
9:29 p.m. The Moderator agreed to divide out section 8(D) .
9:30 p.m. Amendment to 8(d)Adopted.
9:31 p.m. William Kennedy responded to questions on affordable housing units and
Wendy Manz explained routine maintenance of existing housing units does not qualify
for Community Preservation Act funding.
9:36 p.m. William Kennedy further responded to questions on housing preference
for persons with Lexington connections, units on the '40B list' and state regulations
requiring lotteries.
9:39 p.m. Motion, as amended, under Article 8(d) —Adopted.
9:40 p.m. Charles Lamb, pr.4, served notice of reconsideration of Article 8(d).
9:40 p.m. 8 (e) —Presentation by David Pinsonneault, Department of Public Works.
Deborah Mauger reported unanimous support of Selectmen for 8 (e) & (f).
David Kanter reported unanimous support of 8 (e) and support of 8(f),
with a minority opposed to the fountain.
Susan McLeish reported unanimous support of Appropriation Committee.
Richard Canale reported unanimous support of Planning Board.
9:43 p.m. 80 —Presentation by David Pinsonneault, Department of Public Works.
Susan McLeish reported unanimous support of Appropriation Committee.
Richard Canale reported support of Planning Board.
9:45 p.m. David Pinsonneault responded to questions on specific work to be funded
under Article 8(f).
9:47 p.m. 8(g) —Presented by Richard DeAngelis, Recreation Committee
Deborah Mauger reported unanimous support of Selectmen.
David Kanter reported unanimous support of Capital Expenditures
Committee. Susan McLeish reported unanimous support of Appropriation
Committee. Richard Canale reported support of Planning Board.
Mary Ann Stewart reported unanimous support of School Committee.
9:50 p.m. 8(h) — David Kanter reported support for postponement by
Capital Expenditures Committee.
9:51 p.m. 8(i) —Presented by Housing Authority Executive Director Steven Keane.
Deborah Mauger reported unanimous support of Selectmen.
David Kanter reported unanimous support of Capital Expenditures
Committee. Susan McLeish reported unanimous support of Appropriation
Committee. Richard Canale reported unanimous support of Planning
Board for 8(I,j, k, 1).
9:52 p.m. Steven Keane responded to questions on drainage at Vynebrooke Village.
9:54 p.m. 8(j,k,l) —Presented by Wendy Manz.
Deborah Mauger reported unanimous support of Selectmen.
David Kanter reported unanimous support of Capital Expenditures
Committee. Susan McLeish reported unanimous support of Appropriation
Committee.
9:56 p.m. Selectman Hank Manz responded to questions on possible future town
meeting votes on the Busa Farm project.
9:57 p.m. Ephraim Weiss, pr.5, moved part 8(i) be voted separately. Not Adopted.
9:58 p.m. Following a voice vote on Article 8, excluding parts c &d, the Moderator
declared the Motion Adopted Unanimously.
9:58 p.m. Charles Lamb, pr.4, served notice of reconsideration of Article 8,
excluding parts c & d.
April 6, 2011 Adjourned Session of the 2011 Annual Town Meeting, cont.
9:58 p.m. Presented by Alan Seferian, pr.8.
ARTICLE 17: REDUCE COMMUNITY PRESERVATION ACT(CPA) SURCHARGE
(Citizen Article)
MOTION: That the Town amend its acceptance of Sections 3 to 7,
inclusive, of Chapter 44B of the General Laws, (otherwise known as the
Massachusetts Community Preservation Act), to reduce the surcharge
from 3% of the annual real estate tax levy to 1% of that levy, to be applied
to assessment of taxes beginning in fiscal year 2013 (or as soon thereafter
as CPA reserves and collections are sufficient to fund current CPA
obligations and as permitted under state law), said amendment to become
effective only upon the affirmative vote of a majority of Lexington voters
at a regular election.
9:58 p.m. Mr. Seferian reviewed requested action.
10:07 p.m. Wendy Manz reported the opposition of the Community Preservation
Committee.
10:12 p.m. Selectman Peter Kelley reported unanimous opposition of Selectmen.
10:14 p.m. Richard Canale reported unanimous opposition of Planning Board
10:17 p.m. Charles Lamb reported unanimous opposition of Capital Expenditures
Committee.
10:24 p.m. Joseph Pato reported opposition of Appropriation Committee (8-1).
10:30 p.m. Frank Kern reported the opposition of the Historical Commission.
10:33 p.m. Stewart Kennedy reported unanimous opposition of Conservation
Commission.
10:35 p.m. Members spoke in support and opposition, and questioned impact on
funded projects if the motion were to be adopted. CPC Chair Wendy
Manz and Finance Director Robert Addelson responded.
10:44 p.m. Members discussed ballot question requirements, procedures, and role of
Town Meeting.
11:03 p.m. Dawn McKenna, pr.6, called the question. Motion Adopted.
11:03 p.m. Mr. Seferian summarized.
11:06 p.m. Following a voice vote on Article 17, the Moderator declared the motion
Not Adopted.
11:07 p.m. Selectman Hank Manz moved the meeting be adjourned until Monday,
April 11, 2011 at 7:30 p.m., Cary Hall. Motion Adopted.
A true copy.
Attest:
Donna M. Hooper, Town Clerk
April 11, 2011 Adjourned Session of the 2011 Annual Town Meeting
The seventh session of the 2011 Annual Town Meeting was called to order by Moderator
Deborah J. Brown at 7:30 p.m., Monday, April 11, 2011, Cary Memorial Hall; a quorum
of 162 present.
ARTICLE 2: ELECTION OF DEPUTY MODERATOR AND
REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES
7:35 p.m. Charles Lamb, pr.4, moved the Supplemental Report of the
Capital Expenditures Committee be Received and Placed on file.
Adopted Unanimously. Mr. Lamb reported.
7:35 p.m. Presented by William Kennedy, pr.9.
ARTICLE 14: STREET ACCEPTANCE—FRANCES ROAD (Citizen Article)
MOTION: To establish as a Town way and accept the layout of
Frances Road, a distance of 660 feet, more or less, from Deering Avenue
northerly to Eastern Avenue, as laid out by the Selectmen and shown upon
a plan dated February 10, 2011, on file in the office of the Town Clerk,
subject to the assessment of betterments; to authorize the Selectmen to
take by eminent domain, purchase or otherwise acquire any fee, easement
or other interest in the land necessary therefor; to appropriate $200,000 for
April 11, 2011 Adjourned Session of the 2011 Annual Town Meeting, cont.
such acquisition and such street the construction of a public road and
related facilities and improvements in the layout of Frances Road, with all
or a portion of the costs therefor subject to the assessment of betterments
by the Board of Selectmen; and to raise such amount the Treasurer, with
the approval of the Board of Selectmen, is authorized to borrow $200,000
under M.G.L. Chapter 44, Section 7, or any other enabling authority.
Petitioner Daniel DiPietro, 3 Frances Road, spoke to the motion.
7:37 p.m. Peter Kelley reported unanimous support of Selectmen.
Charles Hornig reported unanimous support of Planning Board.
Richard Neumeier reported unanimous support of Planning Board
David Kanter reported support (4-1) of Capital Expenditures Committee
7:38 p.m. Motion Declared Adopted by more than the necessary two-thirds vote.
7:39 p.m. Charles Lamb served notice of reconsideration of Article 14.
7:39 p.m. Presented by Patrick Mehr, pr.3.
ARTICLE 37: COMMERCIAL ASSESSMENTS (Citizen Article)
MOTION: That the following resolution be adopted:
WHEREAS local assessors must"determine the fair cash valuation" of each
property (MGL Chapter 59, section 2A(a)) according to "rules, regulations and
guidelines" established, and revised from time to time, by the Department of
Revenue (DOR) (MGL Chapter 58, section 1);
WHEREAS a commercial property's market value in most cases increases
immediately after Town Meeting approves an up-zoning requested by the property
owner;
WHEREAS the Lexington Assessors, applying existing regulations of the DOR,
have generally not increased the assessments of up-zoned commercial properties to
reflect any increased market value following an up-zoning unless and until actual
construction occurs (as in the case of 1075 Waltham St, up-zoned in 2005 and 95
Hayden Ave, up-zoned in 2009); and
WHEREAS more prompt recognition of increased value resulting from up-
zonings would benefit the Town by qualifying as "new growth" ("A parcel would
qualify as FY11 tax base growth if a zoning change [...] during calendar year 2009
results in an increase in its FY11 assessed valuation over its FY10 valuation." DOR
Informational Guideline Release No. 10-402);
THEREFORE, BE IT RESOLVED that the Lexington Town Meeting:
calls upon the Commissioner of Revenue to develop rules, regulations and
guidelines for local assessors to recognize increased value resulting from an
up-zoning granted at the request of a property owner; requests the Legislature's
Joint Committee on Revenue to work with the Commissioner of Revenue to
develop said rules, regulations and guidelines as soon as possible; asks the
Lexington Planning Board to require in its regulations regarding applications for re-
zonings (particularly §175-71B(9) of the Code of Lexington) that the Fiscal Impact
analysis include an estimate by a real estate appraiser licensed by the Massachusetts
Division of Professional Licensure of the anticipated immediate change in market
value of the property, should the zoning change applied for be granted; and requests
the Town Clerk to transmit this resolution to the Legislature's Joint Committee on
Revenue, to the Commissioner of Revenue and to the Lexington Planning Board.
7:39 p.m. Mr. Mehr reviewed requested action.
7:46 p.m. Selectman Hank Manz requested William Jackson, Chairman, Board of
Assessors, be recognized.
Assessor Edmund Grant reported he would be recusing himself from
voting on Article 37.
Assessor William Jackson reported the unanimous opposition of the Board
of Assessors (absent Mr. Grant).
7:50 p.m. Hank Manz reported unanimous opposition of Selectmen.
7:51 p.m. Joseph Pato reported the Appropriation Committee recommends
disapproval.
7:59 p.m. Members spoke in support and opposition, questioning property
assessment procedures, challenges, and timelines. Mr. Jackson responded
to questions.
8:14 p.m. Sheldon Spector, pr.6, called the question. Adopted.
April 11, 2011 Adjourned Session of the 2011 Annual Town Meeting, cont.
8:15 p.m. Mr. Mehr summarized.
8:17 p.m. Motion under Article 37 Not Adopted.
8:18 p.m. Presented by Patrick Mehr, pr.3.
ARTICLE 38: RESIDENTIAL ASSESSMENTS (Citizen Article)
MOTION: That the following resolution be adopted:
WHEREAS local assessors must"determine the fair cash valuation" of each
property (MGL Chapter 59, section 2A(a)) according to "rules, regulations and
guidelines" established, and revised from time to time, by the Department of
Revenue (DOR) (MGL Chapter 58, section 1);
WHEREAS a number of single-family houses sold in Lexington for $1,500,000
or more are assessed at a lower proportion of the time-adjusted sale price than
single-family houses sold at lower prices; and
WHEREAS current DOR guidelines used to ensure that assessments correlate
equitably with market sales across a range of market values do not adequately
reveal distortions at the highest end of the market because they require assessors to
group single-family house sales each calendar year in only four sets of equal
number of sales, by ascending sale price.
THEREFORE, BE IT RESOLVED that the Lexington Town Meeting:
calls upon the Commissioner of Revenue to update its rules, regulations and
guidelines for local assessors on how to assess single-family houses, in order to
ensure that such assessments better capture the fair market value of all houses sold
for over $1,500,000 than under the current methodology; and requests the
Legislature's Joint Committee on Revenue to work with the Commissioner of
Revenue to update said rules, regulations and guidelines as soon as possible;
requests the Town Clerk to transmit this resolution to the Legislature's Joint
Committee on Revenue and to the Commissioner of Revenue.
8:18 p.m. Mr. Mehr reviewed requested action.
8:27 p.m. Selectman Chairman Hank Manz requested Chairman William Jackson,
Board of Assessors, be recognized.
Mr. Jackson reported the unanimous opposition of the Board of Assessors.
8:30 p.m. Hank Manz reported unanimous opposition of Selectmen.
8:31 p.m. Alan Levine reported the opposition of a majority of the Appropriation
Committee to the motion and process.
8:35 p.m. Hank Manz responded to questions on the resolution and explained the
objection.
8:36 p.m. Members spoke in opposition and questioned assessments and recent
sales. Mr. Jackson responded.
8:41 p.m. Motion Not Adopted.
8:42 p.m. Presented by Mary Ann Stewart, pr.1. (continuation from April 4 meeting)
ARTICLE 13: APPROPRIATE FOR PUBLIC FACILITIES
CAPITAL PROJECTS
MOTION: That the following amounts be appropriated for the following capital
improvements to public facilities and that each amount be raised as indicated:
a) Bridge and Bowman Schools Renovation Design, Development and Engineering
— $280,000 for the cost of architectural and engineering services for planning the
reconstruction of the Bridge and Bowman Schools, said sums to be expended
under the direction of the Permanent Building Committee, and that to meet this
appropriation the Treasurer, with the approval of the Board of Selectmen, is
authorized to borrow $280,000 under M.G.L. Chapter 44, Section 7, or any other
enabling authority.
b) Estabrook School Feasibility and Related Street Access Improvements:
i. Estabrook School Feasibility Study - $1,050,000 for a feasibility study to
study the deficiencies and determine the appropriate solution for the
Estabrook School located at 117 Grove Street, said sum to be expended
under the direction of the Permanent Building Committee, and to meet
said appropriation the Treasurer, with the approval of the Board of
Selectmen, is authorized to borrow said sum under M.G.L. Chapter 44,
or any other enabling authority; that the Town of Lexington
acknowledges that the Massachusetts School Building Authority's
("MSBA") grant program is a non-entitlement, discretionary program
based on need, as determined by the MSBA, and any costs the Town
April 11, 2011 Adjourned Session of the 2011 Annual Town Meeting, cont.
incurs in excess of any grant approved by and received from the MSBA
shall be the sole responsibility of the Town, and that the amount of
borrowing authorized pursuant to this vote shall be reduced by any grant
amount set forth in the Feasibility Study Agreement that may be
executed between the Town and the MSBA.
ii. Estabrook School Related Street Access Improvements - $100,000 for
See design and engineering of right-of-way modifications and upgrading of
Reconsideration Robinson Road to current code, and that to meet this appropriation the
of April 11, 2011 Treasurer, with the approval of the Board of Selectmen, is authorized to
re: 13(b)(ii) borrow $100,000 under M.G.L. Chapter 44, Section 7, or any other
enabling authority.
c) School Building Envelope and System - $300,000 for school building envelope
and system repairs and that to meet this appropriation $300,000 be raised from the
general fund unreserved fund balance.
d) School Improvement Projects— $645,000 for reconstructing and making
extraordinary repairs to school buildings, including design and engineering, and
all incidental costs related thereto, and that to meet this appropriation $320,000 be
raised from the general fund unreserved fund balance and the Treasurer, with the
approval of the Board of Selectmen, is authorized to borrow $325,000 under
M.G.L. Chapter 44, Section 7, or any other enabling authority.
e) School Paving Improvements - $125,000 for installing and paving a sidewalk and
parking area, and that to meet this appropriation the Treasurer, with the approval
of the Board of Selectmen, is authorized to borrow $125,000 under M.G.L.
Chapter 44, Section 7, or any other enabling authority.
f) Lexington High School Roof Repair - $998,000 for making extraordinary repairs
to the roofing at Lexington High School, 251 Waltham Street, which repair
project would materially extend the useful life of the school and preserve an asset
that otherwise is capable of supporting the required educational program, said
sum to be expended under the direction of the Department of Public Facilities,
and to meet said appropriation the Treasurer, with the approval of the Board of
Selectmen, is authorized to borrow said sum under M.G.L. Chapter 44, or any
other enabling authority; that the Town of Lexington acknowledges that the
Massachusetts School Building Authority's ("MSBA") grant program is a non-
entitlement, discretionary program based on need, as determined by the MSBA,
and any costs the Town incurs in excess of any grant approved by and received
from the MSBA shall be the sole responsibility of the Town; provided further that
any grant that Lexington may receive from the MSBA for the project shall not
exceed the lesser of(1) 33.95% of eligible, approved project costs, as determined
by the MSBA, or (2)the total maximum grant amount determined by the MSBA;
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.
g) School Playground Expansion - $75,000 for expanding and equipping the
playground, and all incidental costs related thereto, and that to meet this
appropriation the Treasurer, with the approval of the Board of Selectmen, is
authorized to borrow $75,000 under M.G.L. Chapter 44, Section 7, or any other
enabling authority.
h) School Paving Program - $50,000 for maintaining school parking and paved
pedestrian surfaces, and that to meet this appropriation $50,000 be raised from the
general fund unreserved fund balance.
i) Diamond Middle School Extraordinary Repair - $75,000 for making repairs to the
portable classrooms, and that to meet this appropriation $75,000 be raised from
the general fund unreserved fund balance.
j) Municipal Building Envelope and Systems - $165,572 for design, construction,
repair and replacement projects for the maintenance and upgrade of municipal
buildings and systems, and that to meet this appropriation, $165,572 be raised in
the tax levy.
k) Repair of Fire Station Floor - $450,000 for making extraordinary repairs to the
Fire Headquarters floor, and all incidental costs related thereto, and that to meet
this appropriation the Treasurer, with the approval of the Board of Selectmen, is
authorized to borrow $450,000 under M.G.L. Chapter 44, Section 7, or any other
enabling authority.
1) Library Material Handling System Design - $100,000 for designing and installing
a material handling system for Cary Memorial Library, and that to meet this
appropriation $100,000 be raised from the general fund unreserved fund balance.
April 11, 2011 Adjourned Session of the 2011 Annual Town Meeting, cont.
8:42 p.m. Article 13, subpart (f):
Mary Ann Stewart reported unanimous support of the School Committee.
George Burnell reported unanimous support of Selectmen.
Ted Edson reported unanimous support of Capital Expenditures
Committee. Alan Levine reported unanimous support of Appropriation
Committee.
8:46 p.m. Article 13, subpart(f)Adopted Unanimously.
Charles Lamb served notice of reconsideration of Article 13, subpart (f).
8:47 p.m. Article 13, subparts (c-e, g-l):
Mary Ann Stewart reported unanimous support of School Committee
for subpart (c).
George Burnell reported unanimous support of Selectmen.
Ted Edson reported unanimous support of Capital Expenditures
Committee. Robert Cohen reported unanimous support of Appropriation
Committee. Discussion ensued on subparts of Article 13.
8:55 p.m. Mary Ann Stewart reported unanimous support of School Committee for
subpart (1).
Members questioned the different elements and funding purposes.
9:02 p.m. Article 13, subparts (c, d, e, g, h, i,j, k, 1) declared Adopted Unanimously.
Charles Lamb served notice of reconsideration of Article 13, subparts
(c, d, e, g, h, i,j, k, 1).
9:03 p.m. Michael McGuirk, pr.2, gave notice of intent to move reconsideration of
Article 13 (b) (ii).
9:05 p.m. Dan Fenn, pr.3, moved reconsideration of Article 4.
9:08 p.m. Deborah Mauger reported opposition of Selectmen for reconsideration.
9:08 p.m. Capital Expenditures and Appropriation Committees had nothing to
report. Members spoke in support of and opposition to reconsideration.
9:20 p.m. Marc Saint Louis, pr.6, called the question on reconsideration. Adopted.
9:21 p.m. Dan Fenn, pr.3, summarized .
9:24 p.m. The Moderator called for a standing vote, tallied as follows:
Pct 1 2 3 4 5 6 7 8 9 AL Total
YES 8 1 7 7 8 6 2 6 10 7 62
NO 4 8 5 8 7 13 15 8 6 12 86
With 62 voting in the affirmative and 86 in the negative, the Moderator declared the
motion to reconsider Article 4 Not Adopted.
9:29 p.m. Presented by Selectman Hank Manz.
ARTICLE 24: AMEND FY 2011 OPERATING AND ENTERPRISE FUNDS
MOTION: That the following amounts be appropriated to the
following line items for the current fiscal year's budget as approved under Article
4 of the 2010 Annual Town Meeting and subsequently amended under Article 2
of the 2010 Special Fall Town Meeting, and that said amounts be transferred from
the following sources:
LINE ITEM PROGRAM FROM TO
2130 Employee Insurance $ 25,029,861 $24,964,861
2140 Unemployment $ 198,600 $ 258,600
3100-3500 Public Works Personal Services $ 3,330,924 $ 3,451,947
3100-3500 Public Works Expenses $ 5,084,029 $ 5,205,052
6100-6200 Human Services Expenses $ 110,575 $ 115,575
and, further that$242,046 be appropriated from the General Fund Unreserved Fund Balance.
9:30 p.m. Town Manager Carl Valente reviewed requested action.
9:32 p.m. John Bartenstein reported unanimous support of Appropriation
Committee. Hank Manz reported unanimous support of Selectmen.
9:32 p.m. Motion Adopted Unanimously.
April 11, 2011 Adjourned Session of the 2011 Annual Town Meeting, cont.
9:32 p.m. Presented by Selectman Hank Manz.
ARTICLE 25: APPROPRIATE FOR AUTHORIZED CAPITAL IMPROVEMENTS
MOTION: That this article be indefinitely postponed.
9:32 p.m. Charles Lamb reported support of Appropriation Committee.
9:33 p.m. Motion Adopted Unanimously.
Following a brief recess Deputy Moderator Deborah Strod called the Meeting to order.
9:50 p.m. Michael McGuirk, pr. 2, moved reconsideration of Article 13 (b)(ii).
9:53 p.m. The Selectmen reported 3 members in support of reconsideration and 2 in
opposition. Glenn Parker reported the Appropriation Committee took no position,
Charles Lamb Reported the Capital Expenditures Committee (4-0) supported
reconsideration.
Mary Ann Stewart, pr.1, questioned new information to support reconsideration. Mr.
McGuirk reviewed his reasoning for bringing forth motion to reconsider at this time.
Members spoke in support and opposition to reconsideration, questioning Robinson Road
as Estabrook School access entry.
10:12 p.m. Richard Neumeier, pr.3, moved the question. Adopted
10:13 p.m. Mr. McGuirk summarized his motion for reconsideration.
10:15 p.m. The Moderator called for a standing vote, tallied as follows:
Pct 1 2 3 4 5 6 7 8 9 AL Total
YES 9 6 6 8 11 7 10 7 7 8 79
NO 3 5 7 6 4 10 7 8 4 14 68
With 79 voting in the affirmative and 68 in the negative, the Moderator declared the
motion to reconsider Article 13 (b)(11)Adopted.
10:21 p.m. Michael McGuirk, pr.2, moved:
AMENDMENT: The main motion under Article 13 (b) (ii) be amended by
deleting the words "Robinson Road' and replacing them with"Estabrook School Site
access" and to delete the dollar amount"$100,000" and replace it with"$200,000".
b) Estabrook School Feasibility and Related Street Access Improvements:
i. Estabrook School Feasibility Study - $1,050,000 for a feasibility study to
study the deficiencies and determine the appropriate solution for the
Estabrook School located at 117 Grove Street, said sum to be expended
under the direction of the Permanent Building Committee, and to meet
said appropriation the Treasurer, with the approval of the Board of
Selectmen, is authorized to borrow said sum under M.G.L. Chapter 44,
or any other enabling authority; that the Town of Lexington
acknowledges that the Massachusetts School Building Authority's
("MSBA") grant program is a non-entitlement, discretionary program
based on need, as determined by the MSBA, and any costs the Town
incurs in excess of any grant approved by and received from the MSBA
shall be the sole responsibility of the Town, and that the amount of
borrowing authorized pursuant to this vote shall be reduced by any grant
amount set forth in the Feasibility Study Agreement that may be
executed between the Town and the MSBA.
ii. Estabrook School Related Street Access Improvements - $100,000 for
design and engineering of right-of-way modifications and upgrading of
Robinson Road to current code, and that to meet this appropriation the
Treasurer, with the approval of the Board of Selectmen, is authorized to
borrow $100,000 under M.G.L. Chapter 44, Section 7, or any other
enabling authority.
10:21 p.m. Glenn Parker, pr.9, reported the opposition of the Appropriation
Committee (7-1). Charles Lamb, pr.4, reported support of the Capital Expenditures
Committee (4-0).
10:22 p.m. Selectman Hank Manz reported support of Selectmen (3-2)
School Committee Chair Mary Ann Stewart questioned Mr. McGuirk.
10:23 p.m. Members spoke in support and opposition, questioned egress and
accessibility issues, required setbacks, road takings, and nonconforming issues.
10:41 p.m. Joseph Pato, pr.2, moved to table discussion until April 13tH
Motion to Table Not Adopted.
April 11, 2011 Adjourned Session of the 2011 Annual Town Meeting, cont.
10:45 p.m. Members spoke in support and opposition, questioned use of funds from
the original motion, and potential access from Grove Street.
10:57 p.m. Motion to Amend the Amendment—Friendly Amendment proposed
AMENDMENT: To add "in both places"at the end of the amendment.
11:00 p.m. Peter Enrich, pr.4, moved the question. Adopted.
11:00 p.m. Motion to Amend the Amendment-Adopted.
11:03 p.m. School Committee Chairman Mary Ann Stewart raised state funding
issues in regards to the motions.
11:04 p.m. Edith Sandy, pr.6, moved: to extend debate 1/2 hour. Not Adopted
11:06 p.m. Article 13 (b)(11)Amendment—Adopted
11:06 p.m. Article 13 (b)(ii)Motion As Amended
Declared Adopted by more than the necessary two-thirds vote.
11:09 p.m. Selectman Hank Manz moved the 2011 Annual Town Meeting be
dissolved. Motion Adopted.
A true copy:
Attest:
Donna M. Hooper, Town Clerk