HomeMy WebLinkAbout2012-03-ATM-STM-min 2012 Annual Town Meeting
March 26,2012
(See Warrant File for Warrant)
The first session of the 2012 Annual Town Meeting was called to order by Moderator
Deborah J. Brown at 7:30 p.m., Monday, March 26, 2012, Cary Memorial Hall; a
quorum of 178 present.
The Lexington Minutemen, accompanied by the William Diamond Fife and Drum Corps,
posted the colors.
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 Rodney Cole be appointed Deputy Moderator for the duration of the
meeting. Adopted Unanimously.
7:30 p.m. Moderator Deborah Brown called a recess for announcements of the Town
Meeting Members Association at which recognition was given to members having served
30 and 40 years.
7:56 p.m. Moderator Deborah Brown called the meeting back to order and called for a
moment of silence for deceased members Angela Frick, Donald Graham, Mary
McDonough and Robert Whitman. The Moderator recognized the celebration of birthdays
for Town Meeting Member Dan Fenn and former Moderator Margery Battin.
ARTICLE 2: ELECTION OF DEPUTY MODERATOR AND
REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES
8:00 p.m. Selectman Hank Manz moved the Report of the Lexington 300th
Anniversary Celebration Committee of the Town Celebrations Committee, be received and
placed on file.
8:02 p.m. Susan Rockwell and Tanya Morrisett, Lexington 300th Anniversary
Celebration Committee [subcommittee of Town Celebrations Committee] reported.
8:18 p.m. Selectman Hank Man7 moved the report of the Cary Lecture Series
Committee be received and placed on file and that the Committee be dissolved.
Adopted Unanimously. Committee member Rita Goldberg reported.
8:22 p.m. Presented by Rita Goldberg.
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.
8:24 p.m. Selectman Hank Manz moved Articles 27, 28, 29, and 30 be taken up.
Motion Adopted.
8:24 p.m. Presented by Selectman Hank Manz.
ARTICLE 27: ESTABLISH QUALIFICATIONS FOR TAX DEFERRALS
AND EXEMPTIONS
MOTION: That this article be indefinitely postponed.
8:24 p.m. Mr. Manz explained indefinite postponement.
8:25 p.m. Adopted Unanimously.
8:26 p.m. Presented by Selectman Peter Kelley.
ARTICLE 28: ACCEPT MGL CHAPTER 200A SECTION 9A
(Alternative Procedure for disposing of Abandoned Funds)
MOTION: That the Town hereby accepts Section 9A of Chapter 200A of the
Massachusetts General Laws.
8:26 p.m. Peter Kelley reviewed the importance of adoption for disposing of un-
cashed checks issued by the town, and reported support of the Board of Selectmen.
8:28 p.m. Adopted Unanimously.
March 26, 2012 Annual Town Meeting, cont...
8:28 p.m. Presented by Selectman Deborah Mauger.
ARTICLE 29: ACCEPT MGL CHAPTER 40U(Municipal Fines)
MOTION: That the Town hereby accepts Chapter 40U of the Massachusetts General
Laws,providing for enforcement of fines imposed for violations of municipal housing,
sanitary and snow and ice removal requirements.
8:28 p.m. Ms. Mauger reported unanimous support of the Selectmen.
8:30 p.m. Town Manager Carl Valente briefly reviewed situations when fines would
be applicable. Adopted Unanimously.
8:31 p.m. Presented by Selectman Peter Kelley.
ARTICLE 30: AMEND NON-CRIMINAL DISPOSITION BYLAW
(Park and Recreation Facilities)
MOTION: That this article be indefinitely postponed.
8:32 p.m. Adopted Unanimously
8:32 p.m. Selectman Hank Manz moved to take up articles 32 and 33. Adopted
8:33 p.m. Presented by Selectman Deborah Mauger.
ARTICLE 32: AMEND GENERAL BYLAWS—DOG LICENSE LATE FEE
MOTION: That Section 9-2, Subsection B of the Code of the Town of Lexington
("Restraints of dogs required; Licenses")be amended by deleting the words "shall be
assessed a fee of$25" and replacing them with the words "may be assessed a fee" and by
adding at the end of Section 9-2 a new sentence as follows: "All such fees shall be set in
accordance with Chapter 40, Section §22F of the General Laws."
Ms. Mauger moved the following amendment:
AMENDMENT: Article 32 be amended by adding the following words after the words
"of the General Laws", ',not to exceed $50"
8:33 p.m. Vote on Amendment—Adopted Unanimously.
Ms. Mauger reported unanimous support of the Selectmen for Motion as amended.
Town Clerk Donna Hooper responded to a question legal authority to set fees,reporting
MGL chapter 40, section 22F authorizes the setting of fees, not the amount.
8:38 p.m. Motion as amended Adopted Unanimously.
8:38 p.m. Presented by Selectman Hank Manz.
ARTICLE 33: APPROVE TOWN SEAL
MOTION: That this article be indefinitely postponed.
8:38 p.m. Hank Manz explained reasons for postponement.
8:47 p.m. Adopted Unanimously.
ARTICLE 2: ELECTION OF DEPUTY MODERATOR AND
REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES
8:47 p.m. Charles Lamb,pr.4,moved the report of the Capital Expenditures
Committee be received&placed on file. Adopted Unanimously.
8:56 p.m. Richard Canale,pr.9,moved the report of the Planning Board be received
and placed on file. Adopted Unanimously.
9:00 p.m. Presented by Richard Canale,pr.9.
ARTICLE 38: ACCEPT GIFT OF LAND—BETWEEN MUNROE CEMETERY
AND BIKE TRAIL
MOTION: That the Town vote to accept a gift of land shown as Parcel 1 on the
property rights plan for the 1377 Massachusetts Avenue Definitive Subdivision approved
by the Planning Board July 13, 2011, a copy of which is on file with the Town Clerk and
the Planning Board.
9:00 p.m. Richard Canale moved the report of the Planning Board on Article 38 be
received and placed on file. Adopted Unanimously.
9:06 p.m. Deborah Mauger reported the unanimous support of the Selectmen.
9:07 p.m. Town Counsel Kevin Batt explained any absence of the wording 'for general
municipal purposes' deemed such. Adopted Unanimously.
Moderator Deborah Brown reviewed articles to be taken up at the next session of the 2012
Annual Town Meeting—Articles 35, 36, and 37; Report of Town Manager and Report of
Appropriation Committee.
9:10 p.m. Selectman Hank Man7 moved the meeting be adjourned until 7:30 p.m.,
Wednesday, March 28, 2012, Cary Memorial Hall. Adopted Unanimously.
A true copy,
Attest:
Donna M. Hooper, Town Clerk
March 28,2012 Adjourned Session of the 2012 Annual Town Meeting
The second session of the 2012 Annual Town Meeting was called to order by Moderator
Deborah J. Brown at 7:30 p.m., Wednesday, March 2012, Cary Memorial Hall; a quorum of 169
present.
Following a brief review of the evenings order a moment of silence was held for former Town
Meeting Member Paul Riffin.
7:40 p.m. Selectman Hank Manz moved Articles 35, 36 & 37 be taken up. Adopted
Unanimously.
7:40 p.m. Richard Canale moved the Planning Board reports for Articles 35, 36 & 37 be
received and placed on file. Adopted Unanimously.
7:42 p.m. Mr. Canale reported on Articles 35, 3 & 37.
7:48 p.m. Jerold Michelson, Chair -Lexington Center Committee,reported unanimous
support of articles 35, 36 & 37.
8:00 p.m. Presented by Richard Canale, Planning Board
ARTICLE 35: AMEND ZONING BY-LAW,RESIDENTIAL USE IN THE CB 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, a copy of which is on file with the
Town Clerk and the Planning Board, 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.
Planning Board Report-MOTION FOR ARTICLE 35
That the Zoning Bylaw, Chapter 135 of the Code of the Town of Lexington, be amended as follows:
1. In Part A of Table 1 "Permitted Uses and Development Standards," split the column labeled "CB
CLO" into two columns, and re-label one column as "CB" and the other column as "CLO". All
uses in the new CLO column will remain the same as previously allowed in the CB CLO column,
and all uses in the new CB column will remain the same as previously allowed in the CB CLO
column, except as noted below.
2. In Part A of Table 1 "Permitted Uses and Development Standards" delete"(Reserved)"from Line
1.16 and replace it with "Dwelling unit above the street level floor in a commercial or institutional
building". Insert"Y" in the column labeled CB Zone and insert"N" in all other columns.
So that the amended section of Table 1 will now appear as follows:
Line RO RT RM RD* CN CRS CS CB CLO CRO CM
RS
1.16 Dwelling unit above NNNNNNNYN N N
the street level floor in
a commercial or
institutional building
3. In Part B of Table 1 "Permitted Uses and Development Standards," Line 6.21, delete the
sentence "A center store front is defined as the portion of the ground floor level of a building in
the CB District that has frontage on a public way or a public parking lot."
So that the amended Line 6.21 will now read as follows:
Line CN CRS CS CB CLO CRO CM
6.2 Development Standards
6.21 Office located on a street level floor(*In CB
District, office shall not be permitted in a Y N N SP* Y Y Y
center store front.)
4. In Article II "Definitions", insert the definition of"CENTER STORE FRONT" after the definition of
"CELLAR". Said definition to read as follows:
CENTER STORE FRONT—The portion of the ground floor level of a building in the CB District that has
frontage on a public way or a public parking lot.
8:01 p.m. Selectman George Burnell reported unanimous support of the Selectmen.
8:02 p.m. Richard Canale responded to members questioning parking for commercial and
residential use, occupancy, impact on school enrollment, affordability, and ownership .
March 28, 2012 Adjourned Session of the 2012 Annual Town Meeting, cont...
8:10 p.m. Members spoke in opposition and support, and questioned projection on increased
economic development in Lexington Center.
8:23 p.m. Planning Board Members Richard Canale and Charles Hornig responded to
questions on the coexistence of residential and commercial use and parking.
8:31 p.m. Mary Jo Bohart, Executive Director, Lexington Chamber of Commerce,
spoke in support.
8:32 p.m. Comments in support and opposition continued.
8:38 p.m. Thomas Griffiths,pr.7, called the question.
Richard Michelson,pr.8, reported his abstaining from voting on articles 35, 36 & 37.
8:38 p.m. Motion on putting the main motion before the meeting Adopted
8:39 p.m. Richard Canale summarized the motion and sought support.
8:39 p.m. Article 35 declared adopted by more than the necessary two-thirds.
8:40 p.m. Presented by Richard Canale, Planning Board.
ARTICLE 36: AMEND ZONING BY-LAW,HOME OCCUPATIONS IN CB 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, a copy of which is on file with
the Town Clerk and the Planning Board, 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.
PLANNING BOARD REPORT - MOTION FOR ARTICLE 36
That the Zoning Bylaw, Chapter 135 of the Code of the Town of Lexington, be amended as follows:
1. In Part A of Table 1 "Permitted Uses and Development Standards," Line 1.24 under the column
labeled "CB", as created by action under Article 35, insert"Y";
2. In Part A of Table 1 "Permitted Uses and Development Standards," Line 1.251 under the column
labeled "CB", as created by action under Article 35, insert"Y"; and
3. In Part A of Table 1 "Permitted Uses and Development Standards," Line 1.252 under the column
labeled "CB", as created by action under Article 35, insert"Y."
So that the section of Table 1, as amended, will appear as follows:
Line RO RT RM RD* CN CRS CS CB CLO CRO CM
RS
1.24 Home occupation,instruction YYYSPYNNYN N N
(See§135-25.1)
1.251 Home occupation,minor(See YYYSPYNNYN N N
§135-25.1)
1.252 Home occupation,major(See SP SP SP SP N N N Y N N N
§135-25.1)
4. In Article II "Definitions" delete the words "subject to a special permit" from the definition of
"HOME OCCUPATION, MAJOR" so that the amended definition will now read as follows except
that the interlineated items are shown for illustrative purposes only to show deletion and will not
appear in the Zoning Bylaw as amended under this motion:
HOME OCCUPATION, MAJOR —A home occupation cubject to a cpccial permit with no more than one
nonresident employee, partner, or contractor working on the premises; and no more than 10 business-
related visitors to the premises over the course of a day.
8:41 p.m. Richard Canale reported Planning Board support 5-0.
Selectman George Burnell reported unanimous support of the Selectmen.
8:41 p.m. Mary Jo Bohart, Executive Director, Lexington Chamber of Commerce,reported
support of the Chamber of the micro enterprises.
8:42 p.m. Motion declared adopted by more than the necessary two-thirds.
8:43 p.m. Presented by Richard Canale, Planning Board.
ARTICLE 37: AMEND ZONING BY-LAW, HEIGHT IN THE CB 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, a copy of which is on file with the
Town Clerk and the Planning Board, and further that non-substantive changes to the numbering
of this bylaw be permitted in order that it be in compliance with the numbering fouuat of the
Code of Lexington.
Mr. Canale reported the support of the Planning Board on a vote of 5 in favor, zero opposed.
George Burnell reported the support of the Selectmen on a vote of 3 in favor, 2 opposed.
March 28, 2012 Adjourned Session of the 2012 Annual Town Meeting, cont...
8:44 p.m. Selectman Peter Kelley reported on his opposition.
8:48 p.m. Richard Canale responded to question on parking.
8:51 p.m. Mr. Silva, 9 Volunteer Way, spoke in opposition.
9:00 p.m. Members spoke in support and opposition.
9:07 p.m. Dan Fenn,pr. 3, questioned a change in zoning as opposed to reports of previous
Center Committees. Mr. Fenn moved the following substitute motion:
SUBSTITUTE MOTION: That Article 37 be referred back to the Planning Board for further
study and with the hope that they will find a way to involve all the citizens of the town in that
study.
9:12 p.m. Moderator Deborah Brown called a recess.
9:20 p.m. Moderator Deborah Brown called the meeting to order.
9:20 p.m. Planning Board Chairman Richard Canale reported the opposition of the
Planning Board on a vote of 5 opposed and zero in favor.
9:22 p.m. Selectman Chairman Hank Manz reported the opposition of the Board of
Selectman on a vote of 3 opposed and 2 in favor.
9:23 p.m. Richard Canale responded to questions on the Vision 2020 process,public
involvement and collaboration.
9:24 p.m. Dan Fenn,pr.3,reported the need to be specific to get people involved.
9:26 p.m. Members spoke in support and opposition to the amendment/substitute
motion.
9:29 p.m. David Kaufman,pr.6, called the Question. Motion Not Adopted.
9:30 p.m. Town Counsel Kevin Batt answered questions on procedures to return to town
meeting and reported if unfavorable action taken the article could be returned to town meeting
with the Planning Board as gatekeeper.
9:36 p.m. Dan Fenn summarized the substitute motion.
9:38 p.m. Substitute Motion Not Adopted,with a vote of 69 in support and 92 in
opposition, tallied as follows:
1 2 3 4 5 6 7 8 9 AL Total
Yes 10 5 6 9 8 9 8 4 6 4 69
No 6 7 11 9 7 9 11 11 10 11 92
9:44 p.m. Members continued to speak in favor and opposition to Article 37, questioning
height,multiple street widths, shading&building mass, and jurisdiction of the Historic Districts
Commission. Members of the Planning Board and Town Counsel Kevin Batt responded.
10:46 p.m. Steve Heinrich,pr.3, called the Question. Adopted
10:50 p.m. Following a standing vote on Article 37,the Motion Declared Not Adopted,
on a vote of 71 in favor and 85 in opposition,tallied as follows:
1 2 3 4 5 6 7 8 9 AL Total
Yes 3 5 7 8 1 7 10 10 8 12 71
No 11 5 9 10 14 11 9 5 7 4 85
10:51 p.m. Selectman Hank Manz moved the meeting be adjourned until completion of the
Special Town Meeting Monday, April 2, 2012 Cary Hall, Cary Memorial Building. Adopted
Unanimously.
A true copy.
Attest: tirt
Donna M. Hooper, Town lerk
2012 Special Town Meeting
April 2,2012
(See Warrant File for Warrant)
The Special Town Meeting of Monday,April 2, 2012 was called to order by Deputy Moderator
Rodney Cole at 7:30 p.m., Cary Memorial Hall; a quorum of 175 present.
Town Clerk Donna M. Hooper read the Warrant for the Meeting until waived. The Town Clerk
read the Constable's Return of the Warrant. The Moderator, outlined procedural matters.
7:35 p.m. Deputy Moderator Cole reviewed the evening's proceedings.
7:39 P.m. Deputy Moderator Cole declared a recess for presentations by Representative Jay
Kaufman and school Principals Ms.Natalie Cohen and Dr. Ed Bouquillion recognizing
graduating students from Lexington High School and Minuteman Career and Technical High
School.
8:00 p.m. declared the meeting open under Article 1 for the meeting's duration.
ARTICLE 1: REPORTS OF COMMITTEES
Mary Ann Stewart, School Committee Chair, moved the report of the School Committee be
received and placed on file. Unanimously Adopted
Glenn Parker, Appropriation Committee Chair,moved the report of the Appropriation
Committee be received and placed on file. Unanimously Adopted
William Hurley, Capital Expenditures Committee,moved the report of the Capital Expenditures
Committee be received and placed on file. Unanimously Adopted
Mary Ann Stewart moved the report of the Estabrook School Access Ad Hoc Task Force be
received and placed on file and requested the Moderator recognize Michelle Ciccolo to report.
Ms. Ciccolo reported. Vote to receive the report Unanimously Adopted
8:17 p.m. Presented by Mary Ann Stewart,pct. 1.
ARTICLE 2: APPROPRIATE FOR NEW ESTABROOK SCHOOL
See
MOTION: That the Town appropriate $39,724, 248 for the purpose of paying amendment
costs of demolishing the existing Estabrook School and constructing, originally for revised
equipping and furnishing a new Estabrook School to be located at 117 Grove amount
authorized
Street, including the payment of all costs incidental or related thereto (the
"Project"), which school facility shall have an anticipated useful life as an
educational facility for the instruction of school children for at least 50 years, and
for which the Town may be eligible for a grant from the Massachusetts School
Building Authority("MSBA"), said amount to be expended under the direction of
the Permanent Building Committee. To meet this appropriation the Treasurer,
with the approval of the Board of Selectmen, is authorized to borrow said amount
under M.G.L. Chapter 44, or pursuant to any other enabling authority. The Town
acknowledges that the MSBA's grant program is a non-entitlement, discretionary
program based on need, as determined by the MSBA, and any project costs the
Town incurs in excess of any grant approved by and received from the MSBA
shall be the sole responsibility of the Town;provided further that any grant that
the Town may receive from the MSBA for the Project shall not exceed the lesser
of(1)thirty-seven and twenty-seven hundredths percent(37.27%) 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.
Ms. Stewart reviewed requested action and reported the School Committee's unanimous support.
8:20 p.m. Ms. Stewart requested the Moderator recognize Facilities Director Patrick Goddard
and Kenneth DiNesco, DiNesco Design for a report on the proposed construction.
Report Unanimously Adopted.
April 2, 2012 Special Town Meeting, cont...
8:48 p.m. Mary Ann Stewart moved the following amendment to correct
typographical/transposition error in the motion:
AMENDMENT:
Amend the Motion by changing the figure $39,724,248 to $39,742,248.
Amendment Unanimously Adopted.
8:49 p.m. Kenneth DiNesco,DiNesco Design responded to questions from members
regarding energy efficiency.
8:54 p.m. William Hurley reported unanimous support of the Capital Expenditures
Committee.
Glenn Parker reported unanimous support of the Appropriation Committee.
Peter Kelley reported unanimous support of the Board of Selectmen
8:55 p.m. Facilities Director Patrick Goddard responded to questions regarding air
quality monitoring.
Estabrook School Principal Sandra Trach responded to questions on
programming needs and building design.
Kenneth DiNesco,DiNesco Design responded to questions on rooftop design, acoustics,
building elevators,building square footage,building systems, and Code compliance.
9:27 p.m. John Hayward,pct. 5, called the question. Motion Unanimously
Adopted
Article 2, as amended, declared Unanimously Adopted.
9:28 p.m. Selectman Hank Manz moved the April 2, 2012 Special Town Meeting be
dissolved. Motion Unanimously Adopted.
A true copy.
IA_Attest: 4 � 4
Donna M. Hooper, Town C rk
April 2,2012 Adjourned Session of the 2012 Annual Town Meeting
Following the dissolution of the April 2, 2012 Special Town Meeting,the third session of
the 2012 Annual Town Meeting was called to order by Moderator Deborah J. Brown at
9:29 p.m. Monday,April 2, 2012, Cary Memorial Hall; a quorum of 175 present.
9:30 p.m. Selectman Hank Manz moved the Report of Town Manager Carl Valente
be received. Adopted Unanimously.
9:30 p.m. Town Manager Carl Valente reported.
9:46 p.m. Glenn Parker,pr.9,moved the Report of the Appropriation Committee be
received and placed on file. Adopted Unanimously. Mr. Parker presented the report.
9:50 p.m. David Horton,pr.8,moved the report of the Minuteman School
Superintendent Dr. Ed Bouquillion be received and placed on file. Adopted
Unanimously. Dr. Bouquillion reported.
10:00 p.m. Presented by Selectman Hank Manz,read by Moderator Deborah Brown.
ARTICLE 4: APPROPRIATE FOR FY2013 OPERATING BUDGET
Moderator Deborah Brown separated out line item 1200 for discussion and vote.
1200 Regional School $1,407,979
Mr. Manz reported unanimous support of the Selectmen for line item 1200;
Glenn Parker reported support of the Appropriation Committee.
Dr. Bouquillion responded to a question on healthcare expenses and providers.
10:03 p.m. Line Item 1200 Adopted Unanimously.
10:04 p.m. MaryAnn Stewart moved the Report of the Superintendent be received &
placed on file. Adopted Unanimously. Superintendent Dr. Paul Ash reported.
10:25 p.m. Moderator Deborah Brown summarized plans for articles to be discussed
at the meeting of April 4—Article 4,Article 8; Articles 12 & 17 to be held to April 9.
10:28 p.m. Selectman Hank Manz moved the meeting be adjourned until 7:30 p.m.,
Wednesday, April 4, 2012, Cary Hall, Cary Memorial Building. Adopted Unanimously.
A true copy.
Attest:
Donna M. Hooper, Town Cler
April 4,2012 Adjourned Session of the 2012 Annual Town Meeting
The fourth session of the 2012 Annual Town Meeting was called to order by Moderator
Deborah J. Brown at 7:30 p.m. Wednesday, April 4, 2012, Cary Memorial Hall; a
quorum of 172 present.
7:35 p.m. Moderator Deborah Brown called a recess for the presentation of the
Sharyn Wong Chan and Sara Harrington diversity awards presented by Robert Harris,
Lexington Public Schools.
7:45 p.m. Presented by Selectman Hank Manz and read by Moderator Deborah
Brown as a continuation from the April 2nd meeting.
ARTICLE 4: APPROPRIATE FY 2013 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 $ 64,481,249
Expenses $ 12,147,107
Total Line Item 1100,Lexington Public Schools $ 76,628,356
1200 Regional Schools $ 1,407,979
Program 2000: Shared Expenses
2110 Contributory Retirement $ 4,205,537
2120 Non-Contributory Retirement $ 12,400
2130 Employee Benefits $ 23,166,458
2140 Unemployment $ 290,000
2150 Workers Compensation* (MGL Ch 40,Sec. 13A& 13C) $ 608,333
2160 Property&Liability Insurance $ 630,000
2170 Uninsured Losses* (MGL Ch 40, Sec. 13) $ 125,000
2200 Debt Service
2210 Payment on Funded Debt (see amend of 4-23-12) $ 4,367,186
2220 Interest on Funded Debt $ 695,716
2230 Temporary Borrowing $ 206,441
2300 Reserve Fund $ 900,000
2400 Public Facilities $ 9,431,663
Program 3000:Public Works
3100-3500 DPW Personal Services $ 3,347,575
3100-3500 DPW Expenses $ 4,801,585
Program 4000:Public Safety
4100 Law Enforcement Personal Services $ 5,363,781
4100 Law Enforcement Expenses $ 647,102
4200 Fire Personal Services $ 4,825,883
4200 Fire Expenses $ 627,500
Program 5000:Culture&Recreation
5100 Library Personal Services $ 1,803,785
5100 Library Expenses $ 251,976
Program 6000:Human Services
6000 Human Services Personal Services $ 488,637
6000 Human Services Expenses $ 703,092
Program 7000:Community Development
7100 Comm.Devel.Personal Services $ 1,032,111
7100 Comm.Devel.Expenses $ 175,708
7200 Planning Personal Services $ 259,469
7200 Planning Expenses $ 34,850
7300 Economic Devel.Personal Services $ 89,473
7300 Economic Devel.Expenses $ 31,800
Program 8000: General Government
8110 Selectmen Personal Services $ 100,464
8110 Selectmen Expenses $ 118,475
8120 Legal $ 400,000
8130 Town Report $ 7,500
8210-8220 Town Manager Personal Services $ 598,856
8210-8220 Town Manager Expenses $ 248,150
8230 Salary Transfer Account* $ 765,978
8310 Financial Committees $ 7,500
8320 Misc.Boards and Committees $ 14,500
8330 Public Celebrations Committee $ 34,000
8400 Finance Personal Services $ 1,181,923
8400 Finance Expenses $ 400,145
8500 Town Clerk Personal Services $ 323,030
8500 Town Clerk Expenses $ 111,525
8600 MIS Personal Services $ 342,855
8600 MIS Expenses $ 565,425
$ 335,000 from the Parking Meter Fund for line-items 3100-3500 and 4100;
$ 105,000 from the Cemetery Trust Fund for line item 3100-3500
$ 85,160 from the Transportation Demand Management/Public Transportation
Stabilization Fund for Appropriations for line items 6000;
$ 250,000 from the Avalon Bay School Enrollment Mitigation Stabilization Fund for line items 1100;
$ 4,301,709 from Unreserved Fund Balance/Free Cash;
$ 665,848 from the Water Enterprise Fund;
$ 623,444 from the Sewer Enterprise Fund;and
$ 223,600 from the Recreation Enterprise fund.
Items marked with an(*)are Continuing Balance Accounts.
7:45 p.m. Selectman Hank Manz reported the support of the Board of Selectmen, 4
in favor and 1 in opposition to Article 4.
7:48 p.m. Director of Public Facilities Patrick Goddard responded to energy related
questions for existing schools.
7:50 p.m. Selectman Peter Kelley commented on his opposition to the article.
7:51 p.m. Assistant Superintendent for Finance Mary Ellen Dunn responded to
questions on salary adjustments. Town Manager Carl Valente explained further.
7:56 p.m. Superintendent Paul Ash responded to changes in cost per student and
kindergarten fees.
8:03 p.m. Joseph Pato,Appropriation Committee, reported on line item 2130
2130 Employee Benefits $23,166,458
8:08 p.m. Town Manager Carl Valente responded to questions on the number of
benefit eligible subscribers and procedures used for computation.
8:11 p.m. Patrick Mehr,pr.3, moved the following amendment:
AMENDMENT: That the amount in line 2130 in the main motion be reduced by$400,000.
8:19 p.m. Following a brief recess the Moderator called the meeting back in session.
Hank Manz reported the Selectmen's unanimous opposition to Mehr amendment.
Joseph Pato reported unanimous opposition of the Appropriation Committee to Mehr
amendment.
April 4, 2012 Adjourned Session of the 2012 Annual Town Meeting, cont..,
8:20 p.m. Patrick Mehr responded to questions on premise of amendment, estimated
revenue, and setting tax levy.
Members spoke in support and opposition, questioning budget procedures and controls.
8:39 p.m. Patrick Mehr summarized proposed amendment.
8:39 p.m. Following a voice vote the Mehr Amendment declared Not Adopted.
8:40 p.m. Discussion on Article 4 continued. Members questioned employee
benefits, out of pocket expenses,the Group Insurance Commission(GIC)agreement, and
achieved savings.
8:44 p.m. Alan Levine,pr.8, Appropriation Committee, explained the Selectmen,
School Committee,Appropriation Committee and Capital Expenditures Committee are
discussing the handling of savings.
8:49 p.m. Town Manager Carl Valente explained role of Town Meeting and Board
of Selectmen in fund appropriation and setting of tax rate.
8:52 p.m. Patrick Mehr,pr.2, served notice of reconsideration on line 2130.
The Moderator ruled the notice premature as vote on the Article not yet taken.
8:52 p.m. Public Facilities Director Patrick Goddard responded to questions on
facility maintenance cost budgeting and planning, including building maintenance fund.
8:56 p.m. Town Manager Carl Valente responded to questioning on the agreed upon
salary increase as part of coalition agreement.
9:01 p.m. Superintendent Paul Ash responded to questions on school salaries.
9:05 p.m. Public Works Director William Hadley responded to questions on
unaccepted streets,patching, street acceptance, and road conditions.
9:11 p.m. Members commented on recent hiring of full time Veteran's Agent and
service of vulnerable populations.
9:15 p.m. Dawn McKenna,pr. 6, reported the Tourism Committee's unanimous
support for the Economic Development line item which includes funds for tourism.
9:16 p.m. Comments on revenue projections and breakdown of budgeted expenses
for line 2130 ensued.
9:24 p.m. Following a voice vote on Article 4,the Moderator declared the motion
adopted by more than the necessary two-thirds majority.
9:25 p.m. Patrick Mehr,pr.3, served notice of reconsideration-Article 4, line 2130.
9:26 p.m. Presented by Wendy Manz,pr.9.
ARTICLE 8: APPROPRIATE THE FY 2013 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 FY2013 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 FY2013
receipts as recommended by the Community Preservation Committee:
1. $426,300 for the acquisition, creation and preservation of open space excluding land for
recreational use;
2. $426,300 for the acquisition,preservation,rehabilitation and restoration of historic
resources;
3. $426,300 for the creation,preservation and support of community housing; and
4. $2,984,100 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$34,770 be appropriated for the Paint Mine Barn Preservation and to meet this
appropriation$34,770 be appropriated from the Historic Resources Reserve of the
Community Preservation fund.
c) That$561,518 be appropriated for Muzzey Senior Center Upgrades and to meet this
appropriation$561,518 be appropriated from the Historic Resources Reserve of the
Community Preservation Fund.
April 4, 2012 Adjourned Session of the 2012 Annual Town Meeting, cont...
d) That$550,000 be appropriated for Cary Memorial Building Upgrades and to meet
this appropriation$171,908 be appropriated from the Historic Resources Reserve of
the Community Preservation Fund and$378,092 be appropriated from the
Unbudgeted Reserve of the Community Preservation Fund.
e) That$605,718 be appropriated for Center Playfields Drainage Implementation—
Phase III and to meet this appropriation$605,718 be appropriated from the
Unbudgeted Reserve of the Community Preservation Fund.
f) That$143,845 be appropriated for Battle Green Master Plan Implementation and to
meet this appropriation$143,845 be appropriated from the Unbudgeted Reserve of
the Community Preservation Fund.
g) That$450,000 be appropriated for LexHAB Set-Aside for Housing Acquisition and
to meet this appropriation$450,000 be appropriated from the Community Housing
Reserve of the Community Preservation Fund.
h) That$65,000 be appropriated for the Buckman Tavern Historic Structures
Report/Restoration Plans and to meet this appropriation$65,000 be appropriated from
the Unbudgeted Reserve of the Community Preservation Fund.
i) That$77,268 be appropriated for the Historical Society—Historic Records
Preservation and to meet this appropriation$77,268 be appropriated from the
Unbudgeted Reserve of the Community Preservation Fund.
j) That$810,673 be appropriated for the Greeley Village Accessible Housing Project
and to meet this appropriation$6,301 be appropriated from the Community Housing
Reserve of the Community Preservation Fund and $804,372 be appropriated from the
Unbudgeted Reserve of the Community Preservation Fund.
k) That$930,300 be appropriated for Busa Farm debt Service and to meet this
appropriation$186,105 be appropriated from the Unbudgeted Reserve of the
Community Preservation Fund and$744,195 be appropriated from the Undesignated
Fund Balance of the Community Preservation Fund.
1) That$1,000,000 be appropriated for Cotton Farm Debt Service and to meet this
appropriation$426,300 be appropriated from the Open Space Reserve of the
Community Preservation Fund and $573,700 be appropriated from the Unbudgeted
Reserve of the Community Preservation Fund.
m) That$150,000 be appropriated for the Administrative Expenses and all other
necessary proper expenses of the Community Preservation Committee for FY2013
and to meet this appropriation$150,000 be appropriated from the Unbudgeted
Reserve of the Community Preservation Fund.
9:26 p.m. Wendy Man7, Community Preservation Committee Chair, reported the
current state match for funding is at approximately 23% and responded to funding
questions posed by members. Follow-up comments were also made by Planning Board
member Richard Canale and David Kanter, Capital Expenditures Committee.
9:49 p.m. Members questioned potential request to be voted under Article 9 at this
meeting. Ms. Manz commented on status of potential purchase of the Wright Farm on
Grove St, and likely borrowing for funding mechanism.
9:55 p.m. Presentations were made for each section, as follows:
9:56 p.m. Part(a)—Nasrin Rohani, Archivist, Town Clerk's Office
David Kanter reported unanimous support of Capital Expenditures Committee; Eric
Michelson referred members to the report of the Appropriation Committee and reported
unanimous support for parts (a-1) of Article 8 except part(d).
10:00 p.m. Hank Manz reported unanimous support of the Board of Selectmen for all
parts except part 8 (g),with a vote of 4 in favor and 1 opposed for 8 (g),then an
amendment to 8 (d).
10:01 p.m. Richard Canale reported unanimous support of the Planning Board for all
parts of article 8, except part(d) for which no vote is taken.
10:02 p.m. Part(b)—Stewart Kennedy, Conservation Commission
Selectman Deborah Mauger disclosed her position as Treasurer of the Citizens for
Lexington Conservation.
10:08 p.m. Part(c)—Paul Lapointe,pct. 2/Council on Aging—requested senior
center upgrades, and explained the challenges to maintaining building operations at the
center during construction has necessitated a phased plan.
Members spoke in support, and raised issues about creating a new community center and
potential use of current space.
April 4, 2012 Adjourned Session of the 2012 Annual Town Meeting, cont...
10:24 p.m. The Moderator declared the motion under Article 8,parts (a), (b), and(c)
Adopted Unanimously.
10:26 p.m. Selectman Hank Manz moved to adjourn the meeting to 7:30 p.m.,
Monday, April 9, 2012, Cary Hall. Adopted Unanimously.
A true copy.
Attest: b4A41-41/1
Donna M. Hooper, To Clerk
April 9,2012 Adjourned Session of the 2012 Annual Town Meeting
The fifth session of the 2012 Annual Town Meeting was called to order by Moderator
Deborah J. Brown at 7:30 p.m. Monday, April 9, 2012, Cary Memorial Hall; a quorum
of 174 present.
7:30 p.m. The Moderator called for a brief recess for the Town Meeting Members
Association to recognize Precinct 2 Town Meeting Member Andrew McAleer who is
currently serving in the armed forces in Afghanistan.
7:38 p.m. Bernice Fallick,pr.6, moved the report of the Tourism Committee be
received and placed on file. Adopted Unanimously.
Tourism Committee members presented a brief overview of activities.
7:47 p.m. Wendy Manz, Chair, Community Preservation Committee, continued
presentation on Article 8 from the meeting of April 4.
ARTICLE 8: APPROPRIATE THE FY 2013 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 FY2013 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 FY2013
receipts as recommended by the Community Preservation Committee:
1. $426,300 for the acquisition, creation and preservation of open space excluding land for
recreational use;
2. $426,300 for the acquisition,preservation,rehabilitation and restoration of historic
resources;
3. $426,300 for the creation,preservation and support of community housing; and
4. $2,984,100 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$34,770 be appropriated for the Paint Mine Barn Preservation and to meet
this appropriation$34,770 be appropriated from the Historic Resources Reserve
of the Community Preservation fund.
c) That$561,518 be appropriated for Muzzey Senior Center Upgrades and to meet
this appropriation$561,518 be appropriated from the Historic Resources Reserve
of the Community Preservation Fund.
d) That$550,000 be appropriated for Cary Memorial Building Upgrades and to meet
this appropriation$171,908 be appropriated from the Historic Resources Reserve
of the Community Preservation Fund and$378,092 be appropriated from the
Unbudgeted Reserve of the Community Preservation Fund.
e) That$605,718 be appropriated for Center Playfields Drainage Implementation—
Phase III and to meet this appropriation$605,718 be appropriated from the
Unbudgeted Reserve of the Community Preservation Fund.
f) That$143,845 be appropriated for Battle Green Master Plan Implementation and
to meet this appropriation$143,845 be appropriated from the Unbudgeted
Reserve of the Community Preservation Fund.
April 9, 2012 Adjourned Session of the 2012 Annual Town Meeting, cont...
g) That$450,000 be appropriated for LexHAB Set-Aside for Housing Acquisition
and to meet this appropriation$450,000 be appropriated from the Community
Housing Reserve of the Community Preservation Fund.
h) That$65,000 be appropriated for the Buckman Tavern Historic Structures
Report/Restoration Plans and to meet this appropriation$65,000 be appropriated
from the Unbudgeted Reserve of the Community Preservation Fund.
i) That$77,268 be appropriated for the Historical Society—Historic Records
Preservation and to meet this appropriation$77,268 be appropriated from the
Unbudgeted Reserve of the Community Preservation Fund.
j) That$810,673 be appropriated for the Greeley Village Accessible Housing
Project and to meet this appropriation$6,301 be appropriated from the
Community Housing Reserve of the Community Preservation Fund and$804,372
be appropriated from the Unbudgeted Reserve of the Community Preservation
Fund.
k) That$930,300 be appropriated for Busa Farm debt Service and to meet this
appropriation$186,105 be appropriated from the Unbudgeted Reserve of the
Community Preservation Fund and$744,195 be appropriated from the
Undesignated Fund Balance of the Community Preservation Fund.
1) That$1,000,000 be appropriated for Cotton Farm Debt Service and to meet this
appropriation$426,300 be appropriated from the Open Space Reserve of the
Community Preservation Fund and$573,700 be appropriated from the
Unbudgeted Reserve of the Community Preservation Fund.
m) That$150,000 be appropriated for the Administrative Expenses and all other
necessary proper expenses of the Community Preservation Committee for
FY2013 and to meet this appropriation$150,000 be appropriated from the
Unbudgeted Reserve of the Community Preservation Fund.
7:48 p.m. Part 8 (d)—Patrick Goddard, Director of Public Facilities.
Wendy Manz reported the Community Preservation Committee has been advised by the
Selectmen that they will offer an amendment to reduce the amount requested and will
accept a motion to separate out this section.
7:54 p.m. Selectman Hank Manz moved the following amendment:
AMENDMENT:
The following be substituted for the motion under Article 8 (d):
(d) Moved that$75,000 be appropriated for Cary Memorial Building
Upgrades/Design and to meet this appropriation$75,000 be appropriated from
the Historic Resources Reserve of the Community Preservation Fund.
7:55 p.m. David Kanter, Capital Expenditures Committee, reported unanimous
support of the Capital Expenditures Committee for the amendment.
7:55 p.m. Eric Michelson reported the support of the Appropriation Committee, on a
vote of 8 in favor, 0 opposed, and 1 abstention, for the amendment.
Patrick Goddard clarified the scope of the work under the amendment, and the intent to
begin with design development process to receive more input from the public on the
recommendations and timing.
8:00 p.m. Wendy Man7 reported the disapproval of the Community Preservation
Committee for the amendment, on a vote of 6 opposed and 2 in favor.
8:01 p.m. Following a brief discussion the Moderator called for a vote on the
Amendment. Amendment Declared Adopted and Article 8 (d) separated out.
8:06 p.m. Part(e)—David Pinsonneault, Manager of Operations,Department of
Public Works. David Kanter reported unanimous support of Capital Expenditures
Committee. Eric Michelson reported unanimous support of the Appropriation Committee
for part(e) and remaining parts of Article 8.
Maryann Stewart reported unanimous support of School Committee.
Hank Manz reported unanimous support of the Board of Selectmen for all parts except
part 8 (g) for which vote was 4-1 in favor.
David Pinsonneault reported track resurfacing is not covered in this item but in the capital
request of the Recreation Committee.
8:09 p.m. Part(f)—David Pinsonneault, Public Works Department.
David Kanter reported unanimous support of Capital Expenditures Committee.
Dawn McKenna reported unanimous support of Tourism Committee.
[part 8 (g) skipped over]
8:11 p.m. Part(h)—Susan Bennett, Lexington Historical Society
Ms. Bennett reported on Buckman Tavern historic structures needs.
David Kanter reported unanimous support of Capital Expenditures Committee.
April 9, 2012 Adjourned Session of the 2012 Annual Town Meeting, cont...
Dawn McKenna reported unanimous support of Tourism Committee.
Town Counsel Kevin Batt explained the Community Preservation Act allowance for
funding of privately owned and imposition of a historic preservation restriction.
Questions followed on the Town of Lexington's ownership of the Buckman Tavern,
leasing to the Lexington Historical Society.
8:21 p.m. Part(i)—Susan Bennett, Lexington Historical Society reported on plans
for historic records conservation,preservation& digitization.
8:26 p.m. Part(j)—Steve Keane,Executive Director, Lexington Housing Authority
Mr. Keane responded to questions on number of housing units,housing standards, and
handicapped accessibility.
8:30 p.m. David Pinsonneault clarified that track resurfacing request included in
Article 11 for the FY2013 budget for an anticipated 5 year use to then be followed by a
request for full reconstruction.
Clarification made that the article 8 (g)request for LexHAB currently on hold.
8:34 p.m. Moderator Deborah Brown called a brief recess.
8:43 p.m. The Moderator called the meeting back to order and explained any
discussion or vote on article 8 part(g)would be held until after voting on the other items
and explained 8 (g)would be most prudent to take a two-thirds vote due to real estate
acquisition.
8:46 p.m. Part(k)—Wendy Manz, Community Preservation Committee
Members questioned earlier statement requiring two-thirds vote for real estate purchase
and any further town meeting action for Housing Authority projects to proceed.
Eric Michelson advised members that information on the purchasing issue is addressed in
the report of the Appropriation Committee. CPC Chair Wendy Manz explained the
LexHAB and CPC procedures for the authority to acquire property.
8:56 p.m. Part(1)—Wendy Manz, Community Preservation Committee
8:56 p.m. Part(m)—Wendy Manz, Community Preservation Committee
8:57 p.m. Moderator Deborah Brown called for a vote on All portions of Article 8—
excluding parts a,b, c, d, g—thus e, f, h, i,j,k, 1, m and funding items 1-4—Motion
Adopted Unanimously.
8:59 p.m. Moderator declared Article 8 (d), as amended, adopted.
8:59 p.m. Article 8,part(g)—William Kennedy, Lexington Housing Assistance
Board(LexHAB). Mr. Kennedy reviewed requested action.
9:03 p.m. David Kanter, Capital Expenditures Committee,reported the unanimous
opposition to this request.
9:07 p.m. Eric Michelson reported the support of Appropriation Committee (9-0)to
the original motion.
9:08 p.m. Hank Manz reported support of the Selectmen on vote of 4 in favor, 1
opposed.
9:09 p.m. Wendy Manz, Community Preservation Committee moved the following
amendment to Article 8, part(g):
AMENDMENT: After "...for Housing Acquisition, " add
"consistent with the `Guidelines for the Use of CPA Funding by LexHAB',
approved February 17, 2011"
9:10 p.m. Amendment Declared Adopted Unanimously.
9:13 p.m. Members spoke in support and raised issues on possible impact on Busa
farmland housing and other LexHAB housing. Mr. Kennedy explained LexHAB has no
funds for Leary or Busa farmland.
9:25 p.m. Members continued to speak in support and opposition
9:28 p.m. Community Preservation Committee members Joel Adler and Betsey
Weiss reported opposition as amended, supporting original motion.
9:30 p.m. William Kennedy, LexHAB,responded to questions on LexHAB
purchasing of units and available funds for potential purchase at Katandin Woods.
9:35 p.m. Members continued to speak in support and opposition.
9:42 p.m. Selectman George Burnell reported his opposition to the motion as
amended and commented on the affordable housing register.
April 9, 2012 Adjourned Session of the 2012 Annual Town Meeting, cont...
9:52 p.m. Following a standing vote on Article 8 (g), as amended, the Motion was
Declared Adopted on a vote of 108 in favor and 52 in opposition,tallied as follows:
1 2 3 4 5 6 7 8 9 AL Total
YES 10 6 14 9 6 8 14 13 13 15 108
NO 3 5 1 7 9 12 4 3 3 5 52
9:52 p.m. Hank Manz moved Article 17 be taken up. Adopted Unanimously.
9:52 p.m. Presented by Donald Benson,pct. 7.
ARTICLE 17: SCHOOL BUS TRANSPORTATION SUBSIDY(Citizen Article)
MOTION: That the Town appropriate $316,250 for the purpose of fmancing a
portion of the operation and administration of the school bus transportation
system to reduce or offset fees charged for students who elect to use the school
bus transportation system for transportation to and from school,to be spent under
the direction of the School Committee, and that to meet this appropriation
$316,250 be raised in the tax levy.
9:52 p.m. Article sponsor Ms. Judith Crocker, and Mr. Craig Weeks, reviewed
requested action.
10:00 p.m. Joseph Pato reported support of the Appropriation Committee on vote of 5
in favor and 4 opposed.
Deborah Mauger reported unanimous support of the Board of Selectmen.
10:03 p.m. School Committee Chairperson MaryAnn Stewart reported the Committee to
be in favor of the spirit in which this motion is brought forth.
10:04 p.m. Elaine Dratch, Transportation Advisory Committee, spoke in support of
the concept.
10:05 p.m. Members spoke in support, questioned the budget process and bus fees,
and prioritization of these costs within the school budget.
10:07 p.m. Ms. Sandy Kahn, 81 Wood Street, spoke in support and the support of the
PTA leaders of the 9 schools, as well as the PTSA.
10:17 p.m. Ms. Jane Kalinski, 73 School Street, spoke in support.
Members continued to speak in support and questioned School Committee budgeting for
transportation.
10:26 p.m. MaryEllen Dunn,Assistant Superintendent for Finance, reported on school
bus transportation arrangements budgeted for the Estabrook School renovation project.
10:35 p.m. Stewart Kennedy reported the support of the Bicycle Advisory Committee.
10:37 p.m. David Kanter,pr 7, called the question. Motion Adopted.
10:38 p.m. Article 17-Motion Adopted.
10:38 p.m. Hank Manz moved the meeting be adjourned until 7:30 p.m., Wednesday,
April 11, 2012, Cary Memorial Hall. Adopted Unanimously.
A true copy.
Attest: LS24,<, #
Donna M. Hooper, Town C_erk
April 11,2012 Adjourned Session of the 2012 Annual Town Meeting
The sixth session of the 2012 Annual Town Meeting was called to order by Moderator
Deborah J. Brown at 7:30 p.m. Wednesday,April 11, 2012, Cary Memorial Hall; a
quorum of 155 present.
7:35 p.m. Selectman Hank Manz moved Article 12 be taken up. Adopted Unanimously.
Deputy Moderator Rodney Cole presiding for Article 12 (n),to be acted upon first.
7:35 p.m. Presented by Selectman George Burnell.
ARTICLE 12 : APPROPRIATE FOR MUNICIPAL CAPITAL PROJECTS
AND EQUIPMENT
MOTION: That the following amounts be appropriated for the following
capital improvements and that each amount be raised as indicated:
a) Public Safety Radio Connectivity- $50,000 for the cost of a communications
consultant to assess current communication needs of Town Departments with radio
connectivity systems, including but not limited to the police, fire and public works
departments, and that to meet this appropriation$50,000 be appropriated from the
general fund unreserved fund balance;
April 11, 2012 Adjourned Session of the 2012 Annual Town Meeting, cont...
b) 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
appropriated from Water Retained Earnings and$25,000 be appropriated from the
general fund unreserved fund balance;
c) Street Improvements and Easements - $1,425,586 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$1,425,586 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;
d) Townwide Culvert Replacement- $390,000 for the repair and replacement of
culverts, 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$65,000 be appropriated 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(1) or any other enabling
authority;
e) DPW Equipment Replacement- $595,000 for the cost of departmental equipment for
the Department of Public Works and all incidental costs related thereto, and that to
meet this appropriation$85,390 be raised in the tax levy, $70,000 be appropriated
from the general fund unreserved fund balance, and the Treasurer,with the approval
of the Board of Selectmen, is authorized to borrow$439,610 under M.G.L. Chapter
44, Section 7(9) or any other enabling authority;
f) Comprehensive Watershed Stormwater Management System- $165,000 for
engineering and design services for a comprehensive stormwater management
watershed study, and that to meet this appropriation$100,000 be appropriated from
the general fund unreserved fund balance, and the Treasurer, with the approval of the
Board of Selectmen, is authorized to borrow$65,000 under M.G.L. Chapter 44,
Section 7(22) or any other enabling authority;
g) Dam Repair- $260,000 for reconstructing and making extraordinary repairs to the
Butterfield Dam, 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$260,000 under M.G.L. Chapter 44, Section 7(7) or any other
enabling authority;
h) Storm Drainage Improvements and NPDES Compliance - $340,000 for constructing
and reconstructing storm drains 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 the Treasurer, with the
approval of the Board of Selectmen, is authorized to borrow$340,000 under M.G.L.
Chapter 44, Section 7(1) or any other enabling authority;
i) Battle Green Area Master Plan—Parking, Traffic Calming and Safe Pedestrian
Access Study—Phase I: Conceptual Plan- $60,000 for a parking and traffic study
along Massachusetts Avenue and Bedford Street, and that to meet this appropriation
$60,000 be appropriated from the general fund unreserved fund balance;
j) Townwide Signalization Improvements - $125,000 for traffic and pedestrian signals,
and to meet this appropriation$5,468 be transferred from the unexpended proceeds
voted under Article 15a of the warrant for the 2008 Annual Town Meeting and the
Treasurer, with the approval of the Board of Selectmen, is authorized to borrow
$119,532 under M.G.L. Chapter 44, Section 7(14) or any other enabling authority.
k) Sidewalk Improvements and Easements - $300,000 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$300,000 under M.G.L. Chapter 44,
Section 7(6) or any other enabling authority;
1) Concord Avenue Sidewalk Engineering and Easements- $250,000 for a survey and
design for sidewalks along Concord Avenue from Spring Street to Waltham Street,
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$250,000
be appropriated from the Traffic Mitigation Stabilization Fund.
m) Street Betterment Improvement and Easements—That this item be indefinitely
postponed;
April 11, 2012 Adjourned Session of the 2012 Annual Town Meeting, cont...
n) Estabrook School—Off-site Street Engineering, Improvements and Easements—
$170,000 for engineering services for making street and sidewalk improvements in
the area around Estabrook School, and to take by eminent domain,purchase or
otherwise acquire any fee, easement or other interest in land necessary therefore, and
that to meet this appropriation$170,000 be appropriated from the general fund
unreserved fund balance.
o) Center Business District Streetscape Engineering- $240,000 for engineering and
design services to reconstruct and restore the center sidewalks, roadways and street
trees and furniture, and 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(6) or any other enabling authority;
p) Telephone System Replacements Townwide - $591,000 for new telephone systems in
town and school buildings, and that to meet this appropriation the Treasurer,with the
approval of the Board of Selectmen, is authorized to borrow$591,000 under M.G.L.
Chapter 44, Section 7(9) or any other enabling authority; and
q) Townwide Electronic Document Management System- $145,000 for continued
upgrading of the Document Management System, and that to meet this appropriation
$145,000 be appropriated from the general fund unreserved fund balance.
7:38 p.m. Selectman George Burnell presented request for Article 12,part(n)—
Estabrook School off-site street engineering. William Hurley reported unanimous
support of the Capital Expenditures Committee. Glenn Parker reported unanimous
support of the Appropriation Committee. Margaret Coppe reported unanimous support of
the School Committee; George Burnell reported unanimous support of the Selectmen.
7:40 p.m. Stewart Kennedy reported the Conservation Commission would have
jurisdiction over the wetlands.
7:41 p.m. William Hadley, Director of Public Works, commented on traffic
signalization and pedestrian signalization, and process to be followed for public input and
subsequent funding from town meeting requested.
7:45 p.m. Grove St resident Alan Kirby spoke in opposition of any signalization.
Town Engineer John Livsey explained appropriation sought would be used substantially
for engineering services.
7:48 p.m. Following a voice vote the Moderator declared the motion under Article
12 (n)Adopted Unanimously.
7:50 p.m. Deborah Brown returned to her position as Moderator.
7:50 p.m. Selectman George Burnell proceeded with presentations on the remainder
of Article 12 and reported unanimous support of the Board of Selectmen for the
remainder of the Article.
Theodore Edson reported the unanimous support of the Capital Expenditures Committee
for Article 12,parts a-m, p & q.
Glenn Parker reported unanimous support of the Appropriation Committee for Article 12.
Eric Michelson reported he would be abstaining from voting on Article 12 (o).
8:05 p.m. Jerold Michelson,pr.5, reported unanimous support of the Lexington
Center Committee for Article 12 (o).
8:05 p.m. Richard Canale reported unanimous support of the Planning Board for
Article 12. Margaret Coppe reported support of the School Committee for Article 12 (k)
and unanimous support for part(a), (p) & (q).
8:06 p.m. Dawn McKenna reported unanimous support of the Tourism Committee
for Article 12 (i).
George Burnell responded to questions on contingencies for each section, with
Town Engineer John Livsey reporting contingencies vary from 10-20%, and Charles
Lamb's comments on general contingencies.
April 11, 2012 Adjourned Session of the 2012 Annual Town Meeting, cont...
8:11 p.m. Beverly Kelley,pr.4, read a letter in support of Article 12 (k) and for
sidewalks on Winthrop Rd.
Members spoke in support, questioned total appropriation requested, dam repair needs,
other sources of funding,traffic improvements, and road signalization, and various
studies previously conducted.
8:38 p.m. Following a voice vote on Article 12 parts (a-m) and(o-q) Moderator
Deborah Brown declared the motion Adopted Unanimously.
8:39 p.m. Presented by Selectman Norman Cohen.
ARTICLE 5: APPROPRIATE FY2013 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 2013 under the provisions ofM.G.L. Chapter 44, Section 53F'/2:
Salaries $ 647,687
Expenses 389,590
Debt Service(non-exempt) 1,299,091
MWRA Assessment 5,153,351
Total $7,489,719
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 2013 under the provisions ofM.G.L. Chapter 44,
Section 53F1/2:
Salaries $ 276,183
Expenses 333,200
Debt Service(non-exempt) 956,855
MWRA Assessment 7,032,394
Total $8,598,632
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 2013 under the provisions of M.G.L. Chapter 44, Section
53F'/2:
Salaries $ 645,044
Expenses 1,018,584
Debt Service (non-exempt) 130,600
Total $1,794,228
Said sum to be funded from recreation receipts and $375,000 from retained earnings.
8:39 p.m. Following the questioning the status of Article 5 by John Bartenstein,pr.1,
the Moderator called a brief recess.
8:43 p.m. With the meeting back in order, Moderator Deborah Brown declared part
(c)would be separated out and voted separately,parts a&b to be voted
later in the meeting.
8:44 p.m. Selectman Norman Cohen presented Article 5 part(c) and reported the
unanimous support of the Board of Selectmen.
8:45 p.m. Glenn Parker reported unanimous support of the Appropriation Committee
for Article 5 part(c).
8:45 p.m. The Moderator and declared the motion under Article 5 part (c) Adopted
Unanimously.
8:46 p.m. Presented by Selectman Deborah Mauger.
ARTICLE 6: APPROPRIATE FOR SENIOR SERVICE PROGRAM
MOTION: That the Town appropriate $20,000 for the purpose of conducting a
Senior Service Program, to be spent under the direction of the Town Manager; that to
meet this appropriation$20,000 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.
Ms. Mauger reported the support of the Board of Selectmen.
8:47 p.m. John Bartenstein reported unanimous support.
8:48 p.m. Town Manager Carl Valente explained in addition to the appropriation the
Article establishes rules and regulations for the program. Mr. Valente further explained
the program's design and staffing. Motion Adopted
April 11, 2012 Adjourned Session of the 2012 Annual Town Meeting, cont...
9:56 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 53E%2 for
the fiscal year beginning July 1, 2012, as follows:
Authorized
Revolving Departmental FY2013
Fund Representative or Receipts Use of Fund Authorization
Board to Spend
Personnel and
Building Rental Public Facilities Expenses Related to
Revolving Fund Director Building Rental Fees the Rental of $375,000
Facilities
DPW Burial Public Works Sale of Grave Boxes
Program Expenses $35,000
Containers Director and Burial Vaults
DPW Compost Public Works Sale of Compost and Personnel,Benefits,
Operations Public Director Loam,Yard Waste Program Expenses $400,000
Permits and Capital
Board of CATV contract,
License Fees from
PEG Access Selectmen and Cable TV Providers equipment and $450,000
Town Manager related expenses
Lexington Tree Fund Board of Gifts,Fees and Fines Program Expenses $20,000
Selectmen
Minuteman Household Public Works Fees Paid by
Hazardous Waste Director Consortium Towns Program Expenses $175,000
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
Town Manager Receipts,including
Tourism/Liberty Ride and Tourism ticket sales, Program Expenses $285,000
Committee advertising revenue
and charter sales
School Bus $830,000
School Committee School Bus Fees Bus Transportation
Transportation Expenses
Regional Cache— Public Works User Fees from
Hartwell Avenue Director Participating Program Expenses $20,000
Municipalities
8:56 p.m. Norman Cohen reported unanimous support of the Board of Selectmen.
Glenn Parker reported unanimous support of Appropriation Committee
Selectman Norman Cohen and Town Manager Carl Valente commented on school bus
transportation funding and impact of such by adoption of Article 17.
9:01 p.m. Adopted Unanimously.
9:02 p.m. Selectman Hank Manz moved Article 11 be taken up. Adopted
9:02 p.m. Presented by George Burnell.
ARTICLE 11: APPROPRIATE FOR RECREATION CAPITAL PROJECTS
MOTION:That the following amounts be appropriated for the following recreation
capital improvements and that each amount be raised as indicated:
a) Pine Meadows Equipment- $46,000 for replacing the fairway mower at the golf
course, and that to meet this appropriation$46,000 be appropriated from the
Recreation Fund Retained Earnings;
b) Park Improvements—Hard Court Resurfacing—$120,000 for reconstructing
neighborhood basketball courts,the Center Track, and the Tennis Courts at the
Center Complex and Clarke Middle School, and that to meet this appropriation
the Treasurer,with the approval of the Board of Selectmen, is authorized to
borrow$120,000 under M.G.L. Chapter 44, Section 7(25) or any other enabling
authority;
c) Park and Playground Improvements - $65,000 for park and playground
improvements and construction of ADA compliant equipment at Adams
Playground, and that to meet this appropriation the Treasurer, with the approval of
the Board of Selectmen, is authorized to borrow$65,000 under M.G.L. Chapter
44, Section 7(25) or any other enabling authority; and
d) Park Improvements—Athletic Fields- $60,000 for reconstructing and installing
in-ground irrigation systems in the baseball field areas at Garfield Park and at the
Clarke and Diamond Middle Schools playfields, and that to meet this
appropriation the Treasurer,with the approval of the Board of Selectmen, is
authorized to borrow$60,000 under M.G.L. Chapter 44, Section 7(25) or any
other enabling authority.
April 11, 2012 Adjourned Session of the 2012 Annual Town Meeting, cont...
9:02 p.m. George Burnell reported unanimous support of the Board of Selectmen.
Recreation Committee member Howard Vogel reviewed requested appropriations.
9:06 p.m. Shirley Stolz reported support of the Capital Expenditures Committee.
Glenn Parker reported unanimous support of the Appropriation Committee.
MaryAnn Stewart reported unanimous support of the School Committee for(b) & (d).
9:08 p.m. Howard Vogel explained funding requested does not address Clarke
Middle School field drainage. Recreation Department Director Karen Simmons
reported balance of the Recreation Enterprise fund certified at $1,377,053,to which
David Kanter, Capital Expenditures Committee, explained the policy the tax levy takes
care of non-fee services. Ms. Simmons further reported the 2011 net income from the
Pine Meadows Golf Course at$241,000. Ms. Simmons further explained policy for use
of enterprise funding vs. tax levy.
9:16 p.m. Michael McGuirk,pr.2, moved the following amendment:
AMENDMENT: After "installing in-ground irrigation systems" add"and
drainage systems"; change $60,000 to $160,000
9:22 p.m. David Pinsonneault,Public Works Manager of Operations clarified.
George Burnell reported unanimous opposition of the Board of Selectmen
Shirley Stolz reported unanimous opposition of the Capital Expenditures Committee.
Glenn Parker reported unanimous opposition of the Appropriation Committee.
9:25 p.m. Mr. McGuirk withdrew the amendment.
9:25 p.m. Following a voice vote,the Moderator declared Article 11 adopted by
more than the necessary two-thirds vote.
9:26 p.m. Presented by Selectman Peter Kelley.
ARTICLE 13: APPROPRIATE FOR WATER DISTRIBUTION IMPROVEMENTS
MOTION: That the Selectmen are hereby authorized to install new water
mains and replace or clean and line existing water mains 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, and to take by eminent
domain,purchase or otherwise acquire any fee, easement or other interest in land
necessary therefor; to appropriate $900,000 for such installation and lining and land
acquisition; and to meet this appropriation the Treasurer with the approval of the Board
of Selectmen is authorized to borrow$900,000 under M.G.L. Chapter 44, Section 8(5) 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.
Mr. Kelley reported unanimous support of the Board of Selectmen.
Theodore Edson reported unanimous support of the Capital Expenditures Committee.
John Bartenstein reported unanimous support of the Appropriation Committee.
9:28 p.m. Peter Kelley responded to questioning on paving and sewer installation
scheduling. Adopted Unanimously.
9:29 p.m. Presented by Selectman Peter Kelley.
ARTICLE 14: APPROPRIATE FOR SEWER 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 betteuuents 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 to raise such
amount the Treasurer with the approval of the Board of Selectmen is authorized to borrow
$1,200,000 under M.G.L. Chapter 44, Section 7(1)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(1)or any other enabling authority.
...__._.._...................
April 11, 2012 Adjourned Session of the 2012 Annual Town Meeting, cont...
Mr. Kelley reported unanimous support of the Board of Selectmen.
John Bartenstein reported unanimous support of the Appropriation Committee.
Theodore Edson reported unanimous support of the Capital Expenditures Committee.
9:31 p.m. Adopted Unanimously.
9:31 p.m. Presented by Margaret Coppe, School Committee.
ARTICLE 15: 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- $1,002,000 for maintaining and upgrading the Lexington
Public Schools' technology systems, including new equipment in connection
therewith, and that to meet this appropriation$168,324 be raised in the tax levy
and the Treasurer, with the approval of the Board of Selectmen, is authorized to
borrow$833,676 under M.G.L. Chapter 44, Section 7(28) and Section 7(29) or
any other enabling authority; and
b) Classroom and Administrative Furniture - $83,000 for the purchase of classroom
and administrative furniture, and that to meet this appropriation the Treasurer,
with the approval of the Board of Selectmen, is authorized to borrow$83,000
under M.G.L. Chapter 44, Section 7(9) or any other enabling authority.
Ms. Coppe reported unanimous support of the School Committee.
Deborah Mauger reported support of the Board of Selectmen.
William Hurley reported unanimous support of the Capital Expenditures Committee.
Ms. Jonina Schonfeld reported unanimous support of the Appropriation Committee.
9:34 p.m. Adopted Unanimously.
9:34 p.m. Presented by Selectman George Burnell.
ARTICLE 16: APPROPRIATE FOR PUBLIC FACILITIES CAPITAL
PROJECTS
MOTION: That the following amounts be appropriated for the following
capital improvements to public facilities and that each amount be raised as indicated:
a) School Building Envelope and Systems - $215,000 for school buildings and
systems repairs, and that to meet this appropriation$215,000 be appropriated
from the general fund unreserved fund balance;
b) Middle Schools Science Labs and Performing Arts Spaces—Evaluation- $35,000
for funding to evaluate the adequacy of existing science laboratories,performing
arts spaces and associated systems and equipment to meet programmatic needs,
and that to meet this appropriation$35,000 be appropriated from the general fund
unreserved fund balance;
c) Diamond Middle School Energy Improvements - $25,000 for funding an in depth
audit of major mechanical systems at Diamond Middle School, and that to meet
this appropriation$25,000 be appropriated from the general fund unreserved fund
balance;
d) Municipal Building Envelope and Systems - $169,711 for design, construction,
repair and replacement projects for the maintenance and upgrade of municipal
buildings and systems, and that to meet this appropriation$169,711 be raised in
the tax levy;
e) White House Stabilization—that this item be indefinitely postponed;
f) Extraordinary School Repair Projects - $610,000 for reconstructing and making
extraordinary repairs to school buildings, including architectural and engineering
services to prepare plans and specifications related thereto, and that to meet this
appropriation$322,315 be appropriated from the general fund unreserved fund
balance and the Treasurer,with the approval of the Board of Selectmen, is
authorized to borrow$287,685 under M.G.L. Chapter 44, Section 7(3A) or any
other enabling authority;
g) Department of Public Facilities Bid Documents- $75,000 for professional
services to produce design development, construction documents, and bid
administration services for capital projects, and that to meet this appropriation
$75,000 be appropriated from the general fund unreserved fund balance;
h) Hastings School Natural Gas Conversion- $45,000 for funding to convert the
boiler at the Hastings School from oil to natural gas and to remove the existing
buried oil tank, and that to meet this appropriation$45,000 be appropriated from
the general fund unreserved fund balance;
April 11, 2012 Adjourned Session of the 2012 Annual Town Meeting, cont...
i) Townwide Facilities Master Plan- $65,000 for consulting services to develop a
townwide facilities master plan, and that to meet this appropriation$65,000 be
appropriated from the general fund unreserved fund balance;
j) Grounds Vehicle Replacement- $80,000 to replace a vehicle used to maintain the
grounds around school buildings, and to meet this appropriation the Treasurer,
with the approval of the Board of Selectmen, is authorized to borrow$80,000
under M.G.L. Chapter 44, Section 7(9) or any other enabling authority;
k) Lexington High School Overcrowding Phase II Renovations - $400,000 for
remodeling and reconstructing rooms at Lexington High School to alleviate
overcrowding, and that to meet this appropriation the Treasurer, with the approval
of the Board of Selectmen, is authorized to borrow$400,000 under M.G.L.
Chapter 44, Section 7(3A) or any other enabling authority; and
1) School Paving Program- $100,000 for design and construction of school parking
and paved pedestrian surfaces, 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(6) or any other enabling authority.
George Burnell reported support of the Board of Selectmen.
William Hurley reported support of the Capital Expenditures Committee—unanimously
for parts a-d, f-1. Theodore Edson commented on the ugliness and the state of the
condition of the `White House' (part e).
Mr. Edson, Capital Expenditures Committee presented the following substitute motion:
SUBSTITUTE MOTION: e) White House Stabilization- $381,000 for
removing selected portions of the White House at 1557 Massachusetts Avenue
and stabilizing the remaining portion(the Hosmer House), and that to meet this
appropriation$381,000 be raised in the tax levy.
9:48 p.m. Patrick Goddard,Director of Public Facilities,reviewed substitute motion.
9:54 p.m. Deborah Mauger reported opposition of the Board of Selectmen on a vote
of 4 opposed and 1 in support, commenting on uncertainty of final municipal use.
9:57 p.m. Glenn Parker reported support of the Appropriation Committee for
indefinite postponement(6 in favor, 3 opposed), and opposition of the Committee to the
substitute motion(2 in favor, 7 opposed).
9:58 p.m. Joseph Welch, Historic Districts Commission, spoke in support of the
substitute motion.
10:00 p.m. Jerold Michelson reported support of the Lexington Center Committee—
5 in favor, 2 opposed, 1 abstention.
10:00 p.m. Selectman Deborah Mauger responded to questions on the Selectmen's
vision for next steps for the building. Mr. Goddard responded further and projected on
time of completion.
10:05 p.m. Members spoke in support and opposition, questioned the position of the
Historic Districts Commission on the moving of older houses.
10:16 p.m. Following a standing vote on Substitute Motion Article 16(e) Declared
Adopted on a vote of 101 in favor and 38 in opposition,tallied as follows:
1 2 3 4 5 6 7 8 9 AL Total
YES 7 7 10 9 11 13 15 9 13 7 101
NO 5 4 3 4 2 4 2 5 0 9 38
10:20 p.m. Deborah Mauger reported the support of the Board of Selectmen, 3 in
favor, 2 opposed,to Article 16 (e) as amended.
Glenn Parker reported the opposition of the Appropriation Committee to Article 16 (e) as
amended.
10:22 p.m. Article 16(e) Declared Adopted as amended
10:23 p.m. Discussion on Article 16 continued. Facilities Director Patrick Goddard
responded to questions on funding needs to keep up with building maintenance needs.
10:26 p.m. Glenn Parker reported the Appropriation Committee's unanimous support
for all other parts of Article 16.
MaryAnn Stewart reported the unanimous support of the School Committee for all other
parts of Article 16.
10:27 p.m. Patrick Goddard explained studies conducted relating to subpart(c).
10:30 p.m. Sheldon Spector,pr.5, called the Question. Adopted
10:31 p.m. Article 16 declared Adopted Unanimously as amended
April 11, 2012 Adjourned Session of the 2012 Annual Town Meeting, cont...
10:32 p.m. Selectman Hank Manz moved the meeting be adjourned to 7:30 p.m.,
Monday, April 23, 2012, Cary Memorial Hall. Adopted Unanimously.
A true copy. fi
Attest: 44471,1'
Donna M. Hooper, Town C erk
April 23,2012 Adjourned Session of the 2012 Annual Town Meeting
The seventh session of the 2012 Annual Town Meeting was called to order by Moderator
Deborah J. Brown at 7:30 p.m. Monday,April 23, 2012, Cary Memorial Hall; a quorum
of 160 present.
Moderator Deborah Brown outlined plans for the evening and upcoming sessions.
7:41 p.m. Presented by Selectman Norman Cohen, following initial action taken on
Article 5 (c) on April 11th.
ARTICLE 5: APPROPRIATE FY2013 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 2013 under the provisions of
M.G.L. Chapter 44, Section 53F1/2:
Salaries $ 647,687
Expenses 389,590
Debt Service (non-exempt) 1,299,091
MWRA Assessment 5,153,351
Total $7,489,719
Said sum to be funded from water receipts and $350,000 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 2013 under the
provisions of M.G.L. Chapter 44, Section 53F1/2:
Salaries $ 276,183
Expenses 333,200
Debt Service (non-exempt) 956,855
MWRA Assessment 7,032,394
Total $8,598,632
Said sum to be funded from wastewater receipts and $150,000 from retained earnings.
7:41 p.m. John Bartenstein reported unanimous support of the Appropriation
Committee.
7:43 p.m. Article 5 parts A &B Adopted Unanimously.
7:44 p.m. Hank Manz moved the Report of the Town Manger be received and placed
on file. Adopted. Town Manager Carl Valente reported on savings from health
insurance plan changes.
7:56 p.m. Selectman Norman Cohen moved Articles 18-26 be taken up. Adopted
Unanimously.
7:57 p.m. Presented by Selectman Norman Cohen.
ARTICLE 18: APPROPRIATE TO POST EMPLOYMENT INSURANCE
LIABILITY FUND
MOTION: That$1,000,000 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$1,000,000 be raised from the general fund unreserved
fund balance.
8:00 p.m. Norman Cohen reported the support of the Board of Selectmen.
8:00 p.m. Alan Levine reported support of the Appropriation Committee for
$500,000, and that the Committee, on a vote of 8-0 opposes the originally proposed
$1,000,000, and will offer an amendment.
8:09 p.m. Mr. Levine moved:
AMENDMENT: $1,000,000" be replaced, in two places, by "$500,000".
Mr. Levine reported the support of the Appropriation Committee for the amendment.
April 23, 2012 Adjourned Session of the 2012 Annual Town Meeting, cont...
Deborah Mauger reported the opposition, on a vote of 5-0, of the Board of Selectmen to
the amendment.
8:13 p.m. Charles Lamb,pr.4, spoke in favor of the amendment.
8:15 p.m. Glenn Parker, Appropriation Committee and Charles Lamb, Capital
Expenditures Committee responded to questions on use of the requested funds.
Town Manager Carl Valente explained today's liability for future insurance subscribers.
8:21 p.m. Members spoke in support and opposition, questioned impact on fully
funding date with proposed adjustment and Lexington's position as compared to other
towns.
8:35 p.m. Amendment declared Adopted.
8:36 p.m. Article 18 declared Adopted as amended.
8:37 p.m. Presented by Selectman Norman Cohen.
ARTICLE 19: RESCIND PRIOR BORROWING AUTHORIZATION
MOTION: That the unused borrowing authority as set forth below be and is
hereby rescinded:
Article No. Town Meeting Project Description Amount of be
Rescinded
111 2009 ATM Fire Department Headquarters Renovation $19,164.00
and Preservation Study
16b 2010 ATM Clarke Middle School Auditorium Safety and $15,790.00
Technology Update
13g 2011 ATM Hastings School Playground Expansion $8,146.00
12d 2010 ATM DPW Equipment $3,375.00
Nonuan Cohen reported support of the Board of Selectmen.
David Kanter reported unanimous support of Capital Expenditures Committee.
Glenn Parker reported unanimous support of Appropriation Committee.
8:38 p.m. Adopted Unanimously.
8:38 p.m. Presented by Selectman Norman Cohen.
ARTICLE 20: AUTHORIZE THE ESTABLISHMENT OF A MINUTEMAN
STABILIZATION FUND
MOTION: That this article be indefinitely postponed.
8:38 p.m. Glenn Parker reported support of Appropriation Committee. David Kanter
reported unanimous support of Capital Expenditures Committee.
8:39 p.m. Adopted Unanimously.
8:40 p.m. Presented by Selectman Peter Kelley.
ARTICLE 21: ESTABLISH AND APPROPRIATE TO SPECIFIED
STABILIZATION FUNDS
MOTION: That$87,572 be appropriated to the Transportation Demand
Management/Public Transportation Stabilization Fund, and to meet this appropriation
$87,572 be transferred from the TDM special revenue account.
Mr. Kelley reported support of the Board of Selectmen.
David Kanter reported no position by the Capital Expenditures Committee.
Glenn Parker reported unanimous support of the Appropriation Committee.
8:41 p.m. Dawn McKenna,pr.6, spoke on escalation agreements.
8:42 p.m. Adopted Unanimously.
8:42 p.m. Presented by Selectman Hank Manz.
ARTICLE 22: APPROPRIATE TO STABILIZATION FUND
MOTION: That this article be indefinitely postponed.
David Kanter reported support of the Capital Expenditures Committee
8:42 p.m. Adopted Unanimously.
8:43 p.m. Presented by Selectman Peter Kelley.
ARTICLE 23: APPROPRIATE FROM DEBT SERVICE STABILIZATION FUND
MOTION: That$124,057 be appropriated from the Debt Service Stabilization
Fund to offset the FY2013 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 as refunded with bonds dated December 8, 2011.
Mr. Kelley reported support of the Board of Selectmen.
8:44 p.m. David Kanter reported unanimous support of Capital Expenditures
Committee. Glenn Parker reported unanimous support of Appropriation Committee.
April 23, 2012 Adjourned Session of the 2012 Annual Town Meeting, cont...
Town Manager Carl Valente reviewed fund operations. Charles Lamb advised the report
of the Capital Expenditures Committee contains detailed information on the fund.
8:46 p.m. Adopted Unanimously.
8:46 p.m. Presented by Selectman Hank Manz.
ARTICLE 24: APPROPRIATE FOR PRIOR YEARS' UNPAID BILLS
MOTION: That this article be indefinitely postponed.
8:46 p.m. Adopted Unanimously.
8:48 p.m. Presented by Selectman Hank Manz.
ARTICLE 25: AMEND FY2012 OPERATING AND ENTERPRISE BUDGETS
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 2011
Annual Town Meeting and subsequently amended under Article 4 of the
November 14, 2011 Special Town Meeting, and that said amounts be transferred
from the following sources:
LINE ITEM PROGRAM FROM TO DIFFERENCE
1200 Regional Schools $1,702,930 $1,781,972 $ 79,042
3100-3500 Public Works Personal $3,468,798 $3,378,208 $ (90,590)
Services
3100-3500 DPW-October Storm $ 200,000 $ 290,590 $ 90,590
7100 Community Development $ 971,373 $ 964,073 $ (7,300)
Personal Services
7100 Community Development $ 148,822 $ 156,122 $ 7,300
Expenses
8400 Finance Personal Services $1,148,807 $1,083,807 $ (65,000)
8400 Finance Expenses $ 435,844 $ 500,844 $ 65,000
8600 MIS Expenses $ 399,464 $ 412,464 $ 13,000
and, further that$92,042 be appropriated from the General Fund Unreserved Fund Balance.
8:48 p.m. Town Manager Carl Valente reviewed requested action.
8:52 p.m. Glenn Parker reported unanimous support of Appropriation Committee.
8:53 p.m. Carl Valente responded to questions on establishment of Stabilization
Fund for Minuteman Regional Vocational School.
Eric Michelson,Appropriation Committee, commented further.
8:54 p.m. Adopted Unanimously.
8:55 p.m. Presented by Selectman Hank Manz.
ARTICLE 26: APPROPRIATE FOR AUTHORIZED CAPITAL
IMPROVEMENTS
MOTION: That$200,000 be appropriated from Insurance Proceeds Greater
Than$20,000 for the purpose of making repairs and related design costs to the wash bay
facility at the Public Services Building.
8:55 p.m. Hank Manz reported support of the Board of Selectmen.
8:56 p.m. Theodore Edson reported unanimous support of Capital Expenditures
Committee. Glenn Parker reported unanimous support of Appropriation Committee.
8:56 p.m. Adopted Unanimously.
8:57 p.m. Selectman Hank Manz moved Article 31 be taken up. Adopted.
8:57 p.m. Presented by Selectman Norman Cohen.
ARTICLE 31: AMEND GENERAL BYLAWS—TOWN MEETING WARRANT
MOTION: That this article be indefinitely postponed.
Mr. Cohen explained requested action and reported support of the Board of Selectmen.
8:59 p.m. David Kanter, Capital Expenditures Committee, reported looking forward
future action. Adopted Unanimously.
9:01 p.m. Selectman Hank Manz moved Reconsideration of Article 4 under the
Town's Bylaws, Section 118-14 section A(2).
9:03 p.m. The Moderator reviewed reconsideration options in response to questions
on reconsideration.
9:06 p.m. Motion to Reconsider Article 4 Adopted.
9:06 p.m. Selectman Norman Cohen moved the following amendment:
AMENDMENT: That the figure $4,367,186 in line item 2210 of the
motion under Article 4 be changed to $4,767,186.
April 23, 2012 Adjourned Session of the 2012 Annual Town Meeting, cont...
Glenn Parker reported unanimous support of Appropriation Committee.
9:08 p.m. Town Manager Carl Valente explained mechanics of the adjustment and
impact on excluded debt.
9:10 p.m. Amendment Adopted Unanimously, Article 4, Line 2210 Adopted As Amended.
9:11 p.m. Selectman Hank Manz moved adjournment to 7:30 p.m., Wednesday,
May 9, 2012, Cary Memorial Hall.
Questioning followed on status of upcoming Article 34 and Wright Farm purchase.
Motion to Adjourn Adopted.
A true copy.
._
Attest: r, i, l �
Donna M. Hooper, To Clerk
May 9,2012 Adjourned Session of the 2012 Annual Town Meeting
The eighth session of the 2012 Annual Town Meeting was called to order by Moderator
Deborah J. Brown at 7:30 p.m. Wednesday,May 9, 2012, Cary Memorial Hall; a
quorum of 184 present.
7:36 p.m. The Moderator declared a recess for a brief presentation by the
Community Center Task Force.
7:38 p.m. Town Manager Carl Valente introduced John Wilson,newly appointed Fire Chief.
7:42 p.m. Returned to session, Selectman Hank Manz moved Article 34 be taken up.
Adopted Unanimously.
7:43 p.m. Presented by Trisha Perez Kennealy.
ARTICLE 34: AMEND ZONING BY-LAW—DANA HOME PROPERTY LAND
REZONING(OWNER ARTICLE)
MOTION: That the Zoning By-Law, Chapter 135 of the code of the Town of
Lexington, including the Zoning Map be amended by changing the district designation of
the land, commonly known as 2027 and 2013 Massachusetts Avenue and shown on Town
Assessors' Map 49 as Parcel 2 and on Map 57 as parcel 12, described in further detail by
metes and bounds in Appendix B of the PDSDUP referenced below, from the current RS
One Family Dwelling District to a CD Planned Commercial District subject to the
Preliminary Site Development and Use Plan(PSDUP) dated December 29, 2011 on file
with the Town Clerk and the Planning Board in accordance with Section 135-42 of the
Zoning Bylaw.
7:43 p.m. Trisha Perez Kennealy moved the amendment to the main motion:
MOTION TO AMEND MAIN MOTION:
That the main motion be amended so that the land in the CD Planned Commercial
District referenced therein shall be subject to the revised and resubmitted Preliminary Site
Development and Use Plan(PSDUP) dated April 20, 2012 as referenced in a letter from
Trisha Perez Kennealy dated April 20, 2012 and on file with the Planning Board and
Town Clerk, all in accordance with the provisions of Section 135-42 of the Zoning By-
Law.
7:44 p.m. Gregory Zurlo reported unanimous support of the Planning Board to the
amendment to the main motion.
Deborah Mauger reported the unanimous support of the Board of Selectmen to the
amendment to the main motion.
7:44 p.m. The Moderator declared the motion to substitute the main motion adopted
by more than the necessary two-thirds.
7:45 p.m. Trisha Perez Kennealy presented the motion as amended.
8:03 p.m. Wendy Manz moved the Report of the Planning Board be received and
placed on file. Adopted Unanimously. Ms. Manz reviewed and reported the support of
the Planning Board on a vote of 4 in support and 1 opposed.
8:25 p.m. Deborah Mauger reported the support of the Board of Selectmen on a vote
of 4 in favor and 1 opposed.
8:29 p.m. Selectman Peter Kelley reviewed his opposition.
May 9, 2012 Adjourned Session of the 2012 Annual Town Meeting, cont...
8:33 p.m. Joyce Miller,pr.7, reported the unanimous vote of the Conservation
Commission on its issued order of conditions.
8:39 p.m. Dawn McKenna,pr.6, reported the support of the Tourism Committee, on
a vote of 8 in support and 1 opposed, for the Inn at Hastings—Article 34.
8:45 p.m. Jerold Michelson,pr.5, reported support of the Center Committee for the
proposal,with 1 abstaining, a unanimous vote.
8:47 p.m. Planning Board member Richard Canale reviewed his opposition.
8:50 p.m. Members spoke in support and opposition, questioned recusals and the
transferability of the Memorandum of Understanding. Counsel Kevin Batt
responded,with Wendy Manz responding further.
9:08 p.m. The Moderator, alternating between citizens from the audience and Town
Meeting Members, recognized those to speak in support and opposition.
Members and citizens spoke to spot zoning,possible back-up plans for property use,
alcoholic licensing, and driveway configuration at the Worthen Rd corner.
9:33 p.m. Town Engineer John Livsey spoke to the Worthen Rd driveway access
and egress configuration.
Trisha Perez Kennealy responded to questions, including Inn uses, and trash collection
and removal procedures.
9:51 p.m. David Burns,pr.5,moved the question. Not Adopted.
9:53 p.m. Members and area residents continued to speak in support and opposition,
questioning traffic and parking needs, and permitted uses for the facility
within current zoning laws.
10:15 p.m. Charles Hornig, Planning Board, reviewed by-right uses of the building as
currently situation on the property.
10:30 p.m. Charles Hornig responded to questioning on impact on property
development if Historic Districts Commission were to disapprove the plans.
Members and area residents continued to speak in support and opposition, questioning
impact on residents of the adjacent Judges Rd cooperative housing complex, size and
setback of proposal, and Worthen Rd access configuration.
10:47 p.m. Planning Board Members Charles Hornig and Wendy Manz commented
on setbacks and compromises.
10:49 p.m. Town Engineer John Livsey commented on Worthen Rd driveway
configuration.
10:52 p.m. Members and area residents continued to speak in support and opposition.
10:56 p.m. Deborah Strod,pr.6, called the question. Motion Adopted.
10:58 p.m. Trisha Perez Kennealy summarized requested action and expressed her
appreciation.
11:10 p.m. Article 34 as amended declared adopted by the Moderator on a vote of
138 in favor and 44 in opposition,tallied as follows:
1 2 3 4 5 6 7 8 9 AL Total
YES 16 15 12 11 16 15 19 13 15 6 138
NO 4 4 7 10 5 3 2 4 3 2 44
11:10 p.m. Hank Manz moved the meeting be adjourned to 7:30 p.m., Wednesday,
May 16, 2012, Cary Memorial Hall. Adopted.
A true copy. f
Attest: 9
Donna M. Hooper, Town erk
May 16,2012 Adjourned Session of the 2012 Annual Town Meeting
The ninth session of the 2012 Annual Town Meeting was called to order by Moderator
Deborah J. Brown at 7:30 p.m. Wednesday, May 16, 2012, Cary Memorial Hall; a
quorum of 149 present.
7:35 p.m. The Moderator called a recess for announcements of the Town Meeting
Members Association on the Lexington 300th Anniversary Celebration publication and
involvement of Town Meeting.
7:43 p.m. The Moderator called the Meeting to order and noted the recent passing of
Allan Kenney, Selectman 1967-1976.
7:45 p.m. Charles Lamb, Capital Expenditures Committee, moved the Supplemental
Report of the Capital Expenditures Committee be received and placed on file. Adopted
Unanimously.
7:45 p.m. Presented by Wendy Manz.
ARTICLE 9: LAND PURCHASE—OFF GROVE STREET
MOTION: That the Conservation Commission be authorized to purchase or otherwise
acquire, and the Selectmen be authorized to take by eminent domain,upon the written
request of the Conservation Commission, for conservation purposes including public
passive outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws,
as amended, any fee, easement or conservation restriction as defined in Section 31 of
Chapter 184 of the General Laws or other interest in all or any part of the 13.6 acres of
land located off Grove Street, shown as Lot 1 on Assessors' Property Map 91,now or
formerly of Wright, and that(a)the sum of$3,072,000 be appropriated for such land
acquisition, and all incidental costs related thereto, and to meet this appropriation
$122,000 be appropriated from Unbudgeted Reserve of the Community Preservation
Fund, and the Treasurer, with the approval of the Board of Selectmen, is authorized
to borrow$2,950,000 under M.G.L. Chapter 44, Section 7(3), as amended, or under
M.G.L. Chapter 44B, as amended, or any other enabling authority; (b) $37,000 be
appropriated from Unbudgeted Reserve of the Community Preservation Fund for debt
service and related borrowing costs of the Community Preservation Fund for fiscal year
2013; and(c)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 under M.G.L. Chapter 132A, Section 11 of the Commonwealth of
Massachusetts to reimburse the Town for a portion of the purchase price of the property
described above; to enter into any contracts and agreements related to the application or
the award of funds; and to grant a perpetual 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.
7:46 p.m. Ms. Manz moved the report of the Community Preservation Committee be
received and placed on file. Adopted.
Ms. Manz reported the support of the Community Preservation on a vote of 6 in favor, 2
opposed, and 1 abstaining.
7:48 p.m. Phil Hamilton, Conservation Commission,reviewed requested action for
the purchase of the Wright Farm property.
7:57 p.m. Shirley Stolz reported the unanimous support of the Capital Expenditures
Committee;the Committee recommends Indefinite Postponement of Article 10.
8:01 p.m. Glenn Parker reported the support of the Appropriation Committee on a
vote of 7 in favor and zero opposed.
8:01 p.m. Peter Kelley reported unanimous support of the Board of Selectmen.
8:03 p.m. Richard Canale reported unanimous support of Planning Board.
8:04 p.m. Citizens for Lexington Conservation representative Keith Omart reported
support.
8:06 p.m. Phil Hamilton responded to questions on the adjacent property in
Burlington and on land use.
8:09 p.m. Members spoke in support and questioned right of first refusal on
farmland and on planned land use.
May 16, 2012 Adjourned Session of the 2012 Annual Town Meeting, cont...
8:13 p.m. Phil Hamilton explained with conservation use in mind, a land use
management plan will be developed.
8:17 p.m. John Hayward,pr.5, called the question. Adopted.
8:17 p.m. The Moderator declared the motion adopted by more than the necessary
two-thirds.
8:18 p.m. Presented by Selectman Hank Manz.
ARTICLE 10: LAND PURCHASE—OFF GROVE STREET
MOTION: That this article be indefinitely postponed.
8:18 p.m. The Moderator reported concurrence of the Conservation Commission
and Community Preservation Committee.
8:18 p.m. Adopted Unanimously.
8:19 p.m. Selectman Hank Manz extended appreciation to the Moderator and to the
many involved in the 2012 Town Meeting.
8:20 p.m. Hank Manz moved the 2012 Annual Town Meeting be dissolved.
8:21 p.m. Adopted.
A true copy.
Attest: 4...e ►
Donna M. Hooper, To Clerk