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Showing posts from 2018

YES for Human Rights

This November, basic protections for our transgender neighbors will be on the ballot in Massachusetts. We must vote YES for fairness, respect, and dignity by upholding the law to protect the rights of transgender people in public spaces.

Right now it’s illegal to discriminate against a person simply because they are transgender. A small group of opponents wants to change that and take Massachusetts backwards. Their referendum question would repeal our state law that protects transgender people from discrimination in public places, including restaurants, stores, and doctors’ offices. If the current law is repealed, transgender people will no longer have explicit protection from discrimination in all places the public is welcome. A YES vote keeps the current law as it is.

This is about human rights. Transgender people have the right to the same basic protections as everyone else—to live their lives with safety, privacy, and dignity—as provided in our Constitution. Protecting people from d…

Article 26 - Establish, Dissolve and Appropriate to and from Specified Stabilization Funds

ARTICLE 26 — ESTABLISH, DISSOLVE AND APPROPRIATE TO AND FROM SPECIFIED STABILIZATION FUNDS To see if the Town will vote to create, amend, dissolve, rename and/or appropriate sums of money to and from Stabilization Funds in accordance with Section 5B of Chapter 40 of the Massachusetts General Laws for the purposes of: (a) Section 135 Zoning By-Law, (b) Traffic Mitigation, (c) Transportation Demand Management/Public Transportation, (d) School Bus Transportation; (e) Special Education, (f) Center Improvement District; (g) Debt Service, (h)Transportation Management Overlay District, (i) Capital; (j) Payment in Lieu of Parking; (k) Avalon Bay School Enrollment Mitigation Fund; (l) Visitor Center Capital Stabilization Fund; (m) Affordable Housing Capital Stabilization Fund; and (n) Water System Capital Stabilization Fund; determine whether the money shall be provided by the tax levy, by transfer from available funds, from fees, charges or gifts or by any combination of these methods; and fu…

Article 24 – Post Employment Insurance Liability Fund

Selectman chair Barry recuses.
ARTICLE 24 – APPROPRIATE TO POST EMPLOYMENT INSURANCE LIABILITY FUND To see if the Town will vote to appropriate a sum of money to the Town of Lexington Post Retirement Insurance Liability Fund, as established by Chapter 317 of the Acts of 2002; determine whether the money shall be provided by the tax levy, by transfer from available funds, including enterprise funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen)

This Article will allow the Town to continue to fund its liability for postemployment benefits for Town of Lexington retirees. Beginning with the FY07 audit, the Town was required to disclose this liability. The Town has special legislation establishing a trust fund for this purpose. This special legislation was approved in 2002.

MOTION: That $1,842,895 be appropriated to the Town of Lexington Post Employment Insurance Liability Fund, as established by Chapter 317 of th…

Consent Agenda

To facilitate Town Meeting this year the Board of Selectmen, working with the Moderator and financial committees, have again proposed that a number of Articles be acted upon collectively, that is by a single vote. In other towns this is generally referred to as the "Town Meeting Consent Agenda.”

All MOTIONS have the unanimous consent of the Board of Selectmen and the Appropriation Committee, and, for those items pertaining to capital, the Capital Expenditures Committee and will be taken up with one vote. Additionally, the Moderator says, "these items satisfy one or more of the following:
Are to be Indefinitely Postponed (IP'd)Tend not to change from year to yearAre straightforward and fully explained in the FY19 Budget Book (Brown Book)Are housekeeping in nature - requiring Town Meeting action, but with no policy implications for the Town Presentations will not be heard on any of the items. Nor debate. Questions will be permitted. Any part of the Consent Agenda may be rem…

Article 32 – Financial Committees Bylaw Amendments

Article 32 is now open: ARTICLE 32 –AMEND GENERAL BYLAW- REGARDING FINANCIAL COMMITTEES(Citizen Article): To see if the Town will vote to update its General By-laws related to the Appropriation Committee and the Capital Expenditures Committee to reflect current practice, consistent with state law and Lexington’s Selectmen-Town Manager Act, or act in any other manner in relation thereto. (Inserted by David Kanter and 9 or more registered voters)

This Article proposes updates to the General Bylaws (to replace Chapter 29, Article III, Sec 29-12; Chapter 29, Article III, Sec. 29-13; and to amend Chapter 118, Article III, Sec. 118-12) to more accurately reflect the two finance committees' activities and responsibilities throughout the year, including at all Town Meetings.

Full MOTION is HERE.
Tracked changes to Chapters 29 & 118, HERE.
Presentation, HERE.

RECOMMENDATIONS
BOS: Unanimous support
CEC: Unanimous support
AC: Unanimous support

VOTE OF TOWN MEETING (simple majority) 
YES: 138
NO…

Article 9 – Departmental Revolving Funds

Article 9 is now open: ARTICLE 9 — ESTABLISH AND CONTINUE DEPARTMENTAL REVOLVING FUNDS To see if the Town will vote, pursuant to Chapter 44, Sections 53E½ and of the Massachusetts GeneralLaws and Chapter 110 of the Code of the Town of Lexington, to continue existing revolving funds; to establish new revolving funds; to determine whether the maximum amounts that may be expended from such new and existing revolving fund accounts in FY2019 shall be the following amounts or any other amounts; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen)

A revolving fund established under the provisions of Massachusetts General Laws Chapter 44, Section 53E½ must be approved annually by vote of the Town Meeting. The Funds are credited with the receipts received in connection with the programs supported by such funds, and expenditures may be made from the revolving fund without further appropriation.

MOTION: That the Town authorize the following revolving fund limits for…

Article 8 – Diversity Advisory Task Force

Article 8 is now open: ARTICLE 8 — APPROPRIATE TO CREATE DIVERSITY ADVISORY TASK FORCE To see if the Town will vote to raise and appropriate a sum of money to support the activities of the Diversity Advisory Task Force; determine whether the money shall be provided by the tax levy, by transfer from available funds or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen and School Committee)

The Diversity Advisory Task Force is a working group that advises the Town Manager and Superintendent of Schools of potential municipal and school actions and activities to promote a culture of diversity, foster civic engagement, ensure equitable access to resources and opportunities, and suggest programs or activities that will promote a culture of respect to all people.

MOTION: That $30,000 be appropriated to support the activities of the Diversity Advisory Task Force to be spent under the direction of the Town Manager and Superint…

Article 5 – FY19 Enterprise Funds Budgets

Article 5 is now open: ARTICLE 5 — APPROPRIATE FY19 ENTERPRISE FUND BUDGETS To see if the Town will vote to appropriate a sum of money to fund the operations of the DPW Water and Wastewater Divisions and the Department of Recreation and Community Programs; determine whether the money shall be provided by the estimated income to be derived in FY2019 from the operations of the related enterprise, by the tax levy, by transfer from available funds, including the retained earnings of relevant enterprise fund, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen)

Under Massachusetts General Laws Chapter 44, Section 53F½, towns may establish Enterprise Funds for a utility, health care, recreation and transportation facility, with the operation to receive related revenue and receipts and pay expenses of such operation. This article provides for the appropriation to and expenditure from three enterprise funds previously est…

Article 11 – Westview Cemetery Building Construction (IP)

Article 11 is now open: ARTICLE 11 — APPROPRIATE FOR WESTVIEW CEMETERY BUILDING CONSTRUCTION To see if the Town will vote to raise and appropriate a sum of money for the design and construction of a new Westview Cemetery Building on the Westview Cemetery grounds including the payment of costs of demolition, architectural, and engineering services, original equipment, furnishings, landscaping, paving and other site and traffic improvements incidental or related to such construction; determine whether the money shall be provided by the tax levy, by transfer from available funds, by borrowing or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen)

These funds will permit the design and construction work on a new building at the Westview Cemetery.

RECOMMENDATIONS TO IP
BOS: Unanimous
AC: Unanimous
CEC: Unanimous

By Voice Vote
The AYES have it - the Article is IP'd
Article 5 up next

Article 37 - Accept MGL Chapter 59, Clause 5C1/2

Deborah Brown, Moderator presiding and will continue for the remainder of the session.
Selectman Chair Barry recuses.
Article 37 is now open: ARTICLE 37 — ACCEPT MASSACHUSETTS GENERAL LAWS CHAPTER 59, SECTION 5C½ To see if the Town will vote to accept Section 5C ½ of Chapter 59 of the Massachusetts General Laws relating to additional tax exemptions; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) 

Massachusetts General Laws Chapter 59 Clause 5C ½ allows the Town, by vote of Town Meeting, to increase the benefit amount of all personal property tax exemptions by any percentage up to 100%. This additional exemption is applied uniformly to all personal property tax exemptions and cannot be applied selectively.

MOTION That the Town accept M.G.L. Chapter 59, Section 5C½, which provides for an additional real estate exemption for taxpayers who are granted personal exemptions on their domiciles under M.G.L. Chapter 59, Section 5, including certain blind per…

Article 14 - Police Station Rebuild-Design

Barry Orenstein, Deputy Moderator presiding.
Article 14 is now open.
MOTION is received and placed on file.
ARTICLE 14 — APPROPRIATE FOR POLICE STATION REBUILD-DESIGN To see if the Town will vote to raise and appropriate a sum of money for design, engineering and architectural services for the renovation and expansion of the Police Station; determine whether the money shall be provided by the tax levy, by transfer from available funds, by borrowing or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen)

These funds will permit the design work at the Police Station to proceed through the design development stage.

MOTION That $1,862,622 be appropriated for design, engineering and architectural services for the reconstruction and expansion of the Police Station and that to meet this appropriation the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow $1,862,622 under M.G.L. Chapter 44, Section …

Article 13 - Fire Headquarters Replacement

Barry Orenstein, Deputy Moderator presiding.
Article 13 is now open.
ARTICLE 13 — APPROPRIATE FOR 45 BEDFORD STREET/FIRE STATION REPLACEMENT To see if the Town will vote to raise and appropriate a sum of money for the design and construction of a new Fire Headquarters, located at 45 Bedford Street, including the payment of costs of demolition, architectural and engineering services, original equipment, furnishings, landscaping, paving and other site and traffic improvements incidental or related to such construction; determine whether the money shall be provided by the tax levy, by transfer from available funds, by borrowing or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen)

The funds requested by this Article will used be for the design and construction of a new Fire Headquarters. A debt exclusion for this project was approved by the voters in December 2017.

MOTION That $18,820,700 be appropriated for design and …

Article 12 - Appropriate for Lexington Children's Place Construction

Article 12 is now open.
Selectman Ciccolo recuses.
The Report of the School Committee is received and placed on file.
ARTICLE 12 — APPROPRIATE FOR LEXINGTON CHILDREN’S PLACE CONSTRUCTION To see if the Town will vote to raise and appropriate a sum of money for the design and construction of a new Lexington Children’s Place, located at 20 Pelham Road, including the payment of costs of demolition, architectural and engineering services, original equipment, furnishings, landscaping, paving and other site improvements incidental or related to such construction; determine whether the money will be provided by the tax levy, by transfer from available funds, by borrowing or by any combination of these methods; authorize the Selectmen to grant any easement or other interests in land necessary therefor; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen at the request of the School Committee)

Lexington Children’s Place (“LCP”), the pre-kindergarten program for Le…

Article 21 - Reimburse Resident (citizen article)

ARTICLE 21 is now open: APPROPRIATE TO REIMBURSE RESIDENT FOR SEWER BACK UP To see if the Town will vote to raise and appropriate a sum of money to compensate Robert Daniel McGrath, 11 Cherry Street, Lexington MA, for damages incurred due to a sewer back up resulting from a failure of the Cherry Street sewer main to drain on the 17th June 2017 that resulted in backing raw sewage from the main into his home; determine whether the money shall be provided by the tax levy, by transfer from available funds, by borrowing, or by any combination of these methods; or act in any other manner in relation thereof. (Inserted by Robert Daniel McGrath and 9 or more registered voters)

This Article seeks funding to compensate Robert Daniel McGrath for damages incurred due to a sewer back up that resulted in backing raw sewage from the main in his home. He is appealing to Town Meeting to consider whether they will reimburse the direct damages of sewage mitigation and repair required to return his house…

Call to Order & LPS Diversity Award Presentation

7:15 PM
Deborah Brown, Town Moderator, has called the fifth session of 2018 Annual Town Meeting to order.
Tonight's Town Meeting (session five) begin a bit early for the award presentation of the LPS Diversity Award
Into immediate recess for the presentation of the LPS Diversity Award.
Sharon Wong Chan & Sarah Harrington Award recipient is Ms. Samantha St. Lawrence, LHS English teacher.
Back to order.
Bit of housekeeping.
The Meeting is now open on Article 21 – Reimburse resident for sewer back up (citizen article)

Anticipated Agenda, Tonight's Town Meeting

Tonight's Town Meeting (session five) will begin at 7:15 PM to present and acknowledge the recipient of the LPS Diversity Award

Following that, the Articles to be taken up are expected to be Article 21 – Reimburse resident for sewer back up (citizen article)
Article 12 – Lexington Children’s Place construction
Article 13 – Fire Headquarters replacement
Article 14 – Police Station rebuild-design
Article 37 – Accept MGL chapter 59, clause 5C1/2
Article 11 – Westview Cemetery Building construction (IP)

Time permitting, we'll move to take up Article 5 – FY2019 enterprise fund budgets
Article 8 – Diversity Advisory Task Force
Article 9 – Departmental revolving funds
Article 32 – Financial committees bylaw amendments (citizen article)
Consent agenda
About the Consent Agenda All MOTIONS have the unanimous consent of the Board of Selectmen and the Appropriation Committee, and, for those items pertaining to capital, the Capital Expenditures Committee and will be taken up with one vote. Additionall…

My Comments from the Yes Mic, in Support of Article 34

As a granddaughter of immigrants from Armenia, Ireland, and Italy, I stand here tonight in solidarity with our immigrant communities, recognizing we, too, are made up of many different countries of origin.

Our country (and our Commonwealth) is made stronger by the contributions of our immigrant residents and we must pass responsible reforms to protect these gains.

Homeland Security's field office for Boston's Immigration and Customs Enforcement Agency (ICE), is right next door in Burlington. I was there in February to protest the Trump administration's immigration detention and deportation agenda, because it aggressively targets people and families, separating them regardless of how long they've lived in the country.

Under the current Republican administration, ICE is aggressively targeting not only violent criminals, but also low-level offenders and those with outstanding deportation orders, regardless of how long they've lived here, which, by the way, are civil infr…

Article 2 – Community Preservation Committee Report & Article 10 – Community Preservation Projects

ARTICLE 2 – REPORTS OF TOWN BOARDS, OFFICERS, AND COMMITTEES This Article remains open throughout Town Meeting and reports may be presented at any Town Meeting session by Boards, Officers, or Committees.
Report of the Community Preservation Committee is received and placed on file.
Marilyn Fenollosa, Chair, CPC presents the report.
If additional reports are filed tonight, this post will be updated.

Town Moderator: The Meeting is now open on Article 10. We are going to, by Voice Vote, hear about the 4 lump sums, then take the individual items, taking up 10j and 10d first.

RECOMMENDATIONS
BOS: Unanimously SUPPORTS all items in Article 10
CEC: SUPPORTS all projects (a-l) 6-0

AC: VOTES as follows: 
j: DISAPPROVE 3-5-1
d: APPROVE 6-3
a: that this project be IP'd 9-0
b, c, e, f, g, h, k, l: APPROVE 9-0
i: APPROVE 7-2

Planning Board (PB) as follows: Supports 10j & 10b
School Committee (SC): SUPPORTS school related parts of Article 10f-i
Recreation Committee SUPPORTS 10g, h, i

Voice Vote (to take the …

Article 34 – Safe Communities Resolution

7:30 PM
Town Moderator has Called the Meeting to Order.
The Meeting is now open on Article 34.
Chair of the Board of Selectman (BOS), Suzie Barry, recuses herself Bonnie Brodner, TMM/P3 asks to recognize Todd Burger, Co-Chair , Lexington People Power
ARTICLE 34 – TO MAKE LEXINGTON A WELCOMING, INCLUSIVE, AND SAFE COMMUNITY A proposed resolution to make Lexington a "Welcoming, Inclusive,, and Safe Community" (Inserted by Todd Burger and 9 or more registered voters)

MOTION: Resolved, that the Town is committed to making Lexington a truly “Welcoming, Inclusive and Safe Community”. To this end, be it further resolved that the Town of Lexington hereby announces its support for the Safe Communities Act (SCA, S.1305 & H.3269), currently before our
legislature. In support of this resolution Town Meeting requests that the Town take the following actions as soon as practical:
Update the Police Policy and Procedures Manual so that it is fully compliant and fully aligned with the SCA.Train…

Fourth Session at Town Meeting Tonight

Back to our regular start time of 7:30 PM tonight in Battin Hall of the Cary Memorial Building, 1605 Massachusetts Avenue, Lexington.

The anticipated agenda forwarded from Deborah Brown, Town Moderator:
Article 34 – Safe Communities resolutionArticle 2 – Community Preservation Committee reportArticle 10 – Community Preservation projectsConsent agendaTime permitting, we'll take up: Article 16 – Municipal capital projects and equipment Article 5 – FY2019 enterprise fund budgets Article 8 – Diversity Advisory Task Force Article 9 – Departmental revolving funds Article 32 – Financial committees bylaw amendments (citizen article) Article 24 – Post employment insurance liability fund

As each Article is completed it will be posted to this site.

Article 7 – Getting to Net Zero

ARTICLE 7 – APPROPRIATE FOR ADVICE AND ANALYSIS – GETTING TO NET ZERO To see if the Town will vote to raise and appropriate a sum of money to hire consultants to provide advice and analysis to the Getting to Net Zero Task Force and Town staff; determine whether the money shall be provided by the tax levy, by transfer from available funds or by any combination of these methods; or to act in any other manner in relation thereto. (Inserted by the Board of Selectmen at the request of the Sustainable Lexington Committee)

MOTION: That the Town appropriate $40,000 for Phase III of a study to determine whether the Town can develop guidelines for achieving building which results in no greenhouse gas emissions, to be spent under the direction of the Town Manager; and that to meet this appropriation $40,000 be raised in the tax levy.
Buildings in Lexington are currently responsible for 66% of Lexington’s greenhouse gas emissions. The Getting to Net Zero Task Force is exploring the possibility of r…

Article 22 – Visitors Center

ARTICLE 22 – APPROPRIATE FOR VISITORS CENTER To see if the Town will vote to raise and appropriate a sum of money for the design and construction of a new Visitor’s Center; including the costs of demolition, architectural and engineering services, original equipment, furnishings, exhibit design, landscaping, paving and other site improvements incidental or related to such construction; determine whether the money will be provided by the tax levy, by transfer from available funds, by borrowing, grants, donations, gifts, or other available monies or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectman) 

MOTION: That $4,575,000 be appropriated for design and construction of a new Visitors Center, including the costs of demolition, architectural and engineering services, original equipment, furnishings, landscaping, paving, and other site improvements incidental or related to such construction, and that to meet this approp…

Article 4 – FY19 Operating Budget

ARTICLE 4 – APPROPRIATE FY2019 OPERATING BUDGET To see if the Town will vote to make appropriations for expenditures by departments, officers, boards and committees of the Town for the ensuing fiscal year and determine whether the money shall be provided by the tax levy, by transfer from available funds, by transfer from enterprise funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen)

The most recent version of the FY19 Budget Proposal, and more, is HERE

MOTION, in full, HERE.

Recommendations
Board of Selectmen (BoS): Unanimous Support
School Committee (SC): Unanimous Support
Appropriation Committee (AC): Unanimous Support

Program 1000: Education
Question fromTMM/P9: Whose decision to raise School Bus fee?
A; SC decision to raise the bus fee $30
Q: Why collaborative process abandoned?
A: We felt it was in the SC authority to do so

Program 2000: Shared Expenses
Q from TMM/P2: Divestment on our retirement funds?
A: (Ch…

Call to Order, Honoring LHS & Minuteman Graduating Seniors, Article 2 Reports

Edited: Report of the Capital Expenditures Committee was received and placed on file following completion of Article 4.

7:15 PM
Called to Order, Deborah Brown, Town Moderator

Immediately calls a brief recess for a ceremony honoring certain Lexington High School & Minuteman Technology Regional High School graduating seniors. Andrew Stephens, LHS Principal and Ed Bouquillon, Minuteman Superintendent, introduce 15 students, noting their achievement and accomplishment, outlook, sense of humor, attitude, humility, kindness, character, perseverance, and other notable qualities. State Representative Jay Kaufman presents each with a Massachusetts State House Citation.

Back in session.

ARTICLE 2 – REPORTS OF TOWN BOARDS, OFFICERS, AND COMMITTEES This Article remains open throughout Town Meeting and reports may be presented at any Town Meeting session by Boards, Officers, or Committees.

Report of the Town Manager is received and placed on file. Town Manager, Carl Valente presenting.
Recommended FY…