Monday, April 9, 2018

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 further, to accept paragraph four of Section 5B of Chapter 40 of the Massachusetts General Laws, dedicating certain fees, charges, gifts or receipts to a stabilization fund; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen)

This Article proposes to establish, dissolve, and/or fund Stabilization Funds for specific purposes and to appropriate funds therefrom. Money in those funds may be invested and the interest may then become a part of the particular fund. These funds may later be appropriated for the specific designated purpose, by a two-thirds vote of an Annual or Special Town Meeting, for any lawful purpose.

MOTION
BOS: Unanimous
CEC: Relevant portions, unanimously in support
AC: Not just a housekeeping article, it impacts taxpayers. Unanimous
SC: Unanimous on 26f & 26g

VOTE OF TOWN MEETING (2/3 majority)
YES: 136
NO: 0
ABSTAIN: 2
MOTION PASSES

We are adjourned until Wednesday, April 11 7:30 PM
ADJOURNED AT 9:50 PM

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 the Acts of 2002, and that to meet this appropriation $4,085 be appropriated from Wastewater Fund receipts, $9,089 be appropriated from Water Fund receipts, $750,000 be raised in the tax levy, and $1,079,721 be appropriated from the General Fund unreserved fund balances.

RECOMMENDATIONS
BOS: 4-0 (Barry recused)
AC: Unanimous
CEC: No position. Please see p. 59 of our report

VOTE OF TOWN MEETING (majority)
YES: 128
NO: 2
ABSTAIN: 4
MOTION CARRIES


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 year
  • Are 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 removed from the list and considered separately at the request of a Town Meeting Member; remaining items will be put before Town Meeting for a vote.
Articles, Motions, and Descriptions included in the Consent Agenda may be found HERE. (Articles 6; 10a, 10c, 10l; 15; 16a, 16d, 16f, 16g; 17; 18; 20b, 20c, 20e, 20g, 20i; 27; 28)

ARTICLE 6 — APPROPRIATE FOR SENIOR SERVICES PROGRAM
MOTION: That this article be indefinitely postponed
No funding is requested for FY19 as there is sufficient balances from prior year funding.

ARTICLE 10 — APPROPRIATE THE FY19 COMMUNITY PRESERVATION COMMITTEE
MOTION: That the Town hear and act on the report of the Community Preservation Committee on the FY19 Community Preservation budget and, pursuant to the recommendations of the Community Preservation Committee, take the following actions:
a) That this item be indefinitely postponed
The town is not ready to bring forward thee property in question.
c) That $20,000 be appropriated for Archives & Records Management and Records Conservation & Preservation, and to meet this appropriation $20,000 be appropriated from the Historic Resources Reserve of the Community Preservation Fund.
Section 10-c requests that $20,000 be appropriated to fund the conservation and preservation of old Town papers from 1722-1923. This has been a regular appropriation of CPA funds.
l) That $150,000 be appropriated for the Administrative Expenses and all other necessary and proper expenses of the Community Preservation Committee for FY19 and to meet this appropriation $150,000 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund.
Section 10-l requests that $150,000 be appropriated for Administrative Expenses. This has been a regular appropriation of CPA funds.

ARTICLE 15 — APPROPRIATE FOR RECREATION CAPITAL PROJECTS
MOTION: That $60,000 be appropriated for Pine Meadows Golf Course improvements, and that to meet this appropriation $60,000 be appropriated from Recreation Fund Retained Earnings.
This article requests $60,000 for a Pine Meadows Golf Course lawn mower, bunker rake and spreader.

ARTICLE 16 — APPROPRIATE FOR MUNICIPAL CAPITAL PROJECTS AND EQUIPMENT
MOTION: That the following amounts to be appropriated for the following capital improvements and that each amount be raised as indicated:
a) Hydrant Replacement Program - $150,000 for the replacement of fire hydrants and all incidental cost related thereto, and that to meet this appropriation $75,000 be appropriated from Water Fund Retained Earnings and $75,000 be appropriated from the General Fund unreserved fund balance.
Section 16-a is an ongoing program designed to replace 60 fire hydrants per year. 
d) Townwide Culvert Replacement - $390,000 for the repair and replacement of culverts, and that to meet this appropriation $390,000 be appropriated from the General Fund unreserved fund balance.
Section 16-d is an ongoing program to replace culverts that are at or near failure. 
f) That this article be indefinitely postponed.
Section 16-f requests that this Article be indefinitely postponed as staff is continuing to review the consultant’s report/analysis.
g) Sidewalk Improvements - $800,000 for rebuilding and repaving existing sidewalks, 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 $800,000 under M.G.L. Chapter 44, Section 7, or any other enabling authority. Any premium received by the Town upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with Chapter 44, Section 20 of the General Laws, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount.
Section 16-g is an ongoing program to rebuild and/or repair existing sidewalks that are in poor condition.
Question Mic TMM/P7 When will 16g be done?
A: If funding is approved, after July 1, Fall and following Spring

ARTICLE 17 — APPROPRIATE FOR WATER SYSTEM IMPROVEMENTS
MOTION: That the Selectmen are hereby authorized to make water distribution system improvements, including the installation of new water mains and replacement or cleaning and lining of existing water mains and stand pipes, conducting engineering studies and the purchase and installation of equipment in connection therewith, 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 $1,000,000 for such distribution systems improvements and land acquisition; and to meet this appropriation the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow $1,000,000 under M.GL. Chapter 44, Section 7 or any other enabling authority; and further 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. Any premium received by the Town upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with Chapter 44, Section 20 of the General Laws, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount.
This is an annual program that replaces unlined, inadequate, aged and vulnerable water mains, deteriorated service connections and eliminating dead ends in the Water mains. This project ensures a proactive approach for keeping Lexington’s water both safe and reliable.

ARTICLE 18 — APPROPRIATE FOR WASTEWATER SYSTEM IMPROVEMENTS
MOTION: That: (a) the Selectmen are hereby authorized to install sanitary sewer mains and sewerage systems and replacements thereof, and all incidental costs related thereto in such accepted or unaccepted streets or other land as the Selectmen may determine, subject to the assessment of betterments or otherwise, in accordance with Chapter 504 of the Acts of 1897, as amended, 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 $1,000,000, and to raise such amount the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow $1,000,000 under M.GL. Chapter 44, Section 7 or any other enabling authority; and that (b) $800,000 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 $800,000 under M.G.L. Chapter 44, Section 7 or any other enabling authority. Any premium received by the Town upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with Chapter 44, Section 20 of the General Laws, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount.
This is an annual program that provides for rehabilitation of sanitary sewer infrastructure including pumping stations and related equipment to enable better energy efficient and avoid emergency expenditures.

ARTICLE 20 — 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:
b) Public Facilities Bid Documents – $100,00 for professional services to produce design development, construction documents, and bid administration services for capital projects, and that to meet this appropriation $100,000 be appropriated from the General Fund unreserved fund balance.
Section 20-b is an annual request for funding of professional services to produce design development, construction documents and/or bid administration services for smaller school projects to ensure projects can be completed within the then-current construction season. 
c) Facility and Site Improvements - $361,890 for building flooring programs, and school paving program, and that to meet this appropriation $361,890 be appropriated from the General Fund unreserved fund balance.
Section 20-c is an ongoing program to replace flooring systems in both municipal and school buildings as well as the ability to replace sidewalks, bus loops and parking areas on school grounds as needed.
e) Municipal Building Envelopes and Systems - $198,893 to fund extraordinary repairs to municipal buildings and systems, and that to meet this appropriation $198,893 be raised in the tax levy.
Section 20-e is continued implementation of extraordinary repairs to the foundation and original drainage system of the Town office building. 
g) School Building Envelopes and Systems - $227,755 to perform extraordinary repairs and modifications to school buildings and systems, and that to meet this appropriation $227,755 be appropriated from the General Fund unreserved fund balance.
Section 20-g will be used to address water infiltration issues, caulking, window lintels and translucent skylights at the Harrington School. 
i) Public Facilities Mechanical/Electrical System Replacements - $544,500 for replacement of HVAC and electrical systems, and that to meet this appropriation the Treasurer, with the approval of the Board of Selectmen is authorized to borrow $544,500 under M.G.L. Chapter 44, Section 7, or any other enabling authority. Any premium received by the Town upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with Chapter 44, Section 20 of the General Laws, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount.
Section 20-I is an annual request that replaces HVAC and electrical systems. This request will be used to replace the HVAC systems in the Selectmen’s Meeting Room and the Main Server room in the Town Office Building.

ARTICLE 27 — APPROPRIATE TO GENERAL STABILIZATION FUND
MOTION: That this article be indefinitely postponed.
No additional funds are being recommended for this Stabilization fund. The current balance is approximately $9.5 million.

ARTICLE 28 — APPROPRIATE FROM DEBT SERVICE STABILIZATION FUND
MOTION: That $124,057 be appropriated from the Debt Service Stabilization Fund to offset the FY19 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.
This article will appropriate $124,057 from the Debt Service Stabilization Fund, and received as part of the Mass. School building Authority program, to offset a portion of the debt service on the 2003 School Bonds.

RECOMMENDATIONS
BOS: Unanimous on all Articles
AC: Unanimous on all Articles
CEC: Unanimous on all Articles pertaining to capital

VOTE OF TOWN MEETING (2/3 majority)
YES: 137
NO: 0
ABSTAIN: 1
MOTION PASSES

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: 0
ABSTAIN: 2
MOTION PASSES

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 certain Town departments pursuant to the provisions of M.G.L. Chapter 44, Section 53E ½ for Fiscal Year 2019 beginning July 1, 2018 as follows:
  • School Bus Transportation - $1,150,000
  • Building Rental Revolving Fund - $535,000
  • DPW Burial Containers - $50,000
  • Lexington Tree Fund - $45,000
  • DPW Compost Operations - $810,000
  • Minuteman Household Hazardous Waste Program - $190,000
  • Regional Cache –Hartwell Avenue - $10,000
  • Senior Services Program - $75,000
  • Health Programs - $45,000
  • Tourism/Liberty Ride - $210,000
  • Visitors Center - $212,000
RECOMMENDATIONS
BOS: Unanimous
AC: Unanimous
SC: Unanimous

VOTE OF TOWN MEETING (simple majority)
YES: 140
NO: 0
ABSTAIN: 2
MOTION PASSES

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 Superintendent of Schools and that to meet this appropriation, $30,000 be raised in the tax levy.

RECOMMENDATIONS
BOS: Unanimous
SC: Unanimously in support
AC: Unanimously in support

Carl Valente, Town Manager and Superintendent Dr. Mary Czjaikowski address Town Meeting. Pleasure to interview candidates for this Diversity Advisory Task Force.

Q: When were the members appointed?
A: about 6 weeks ago
Q: how cohosen?
A: sent out to the various diverse, groups. Superintendent and I interviewed
Q: Is there a recent example, had this task force been established?
A: Not created because of a problem. There is a change in the community. Want to lead instead of reacting.
Q: A foreseen ending?
A: Too early to tell. I think it will be around for a long time; may not be the same people.

Question MIC: TMM/P9 What is the total?
A: Total of $30K; $15K came from school allocation.

Question Mic: Are there any men on the TF?
A: Yes - 2

VOTE OF TOWN MEETING (simple majority)

YES: 144
NO: 1
ABSTAIN: 3MOTION PASSES

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 established by the Town. The Recreation and Community Programs, previously the Recreation Enterprise Fund, includes the operations and programs for the Community Center.

MOTION & FUNDS REQUESTED
a) Water That the Town appropriate the following sums of money to operate the Water Division of the Department of Public Works during fiscal year 2019 under the provisions of M.G.L. Chapter 44, Section 53F½:
Personal Services - $771,886
Expenses - $494,025
Debt Service - $1,463,902
MWRA Assessment - $7,179,738
TOTAL WATER ENTERPRISE FUND:  $9,922,051 
Said sum to be funded from water receipts and $61,000 from retained earnings.

b) Wastewater That the Town appropriate the following sums of money to operate the Wastewater (Sewer) Division of the Department of Public Works during fiscal year 2019 under the provisions of M.G.L. Chapter 44, Section 53F½:
Personal Services - $359,312
Expenses - $408,150
Debt Service - $1,198,665
MWRA Assessment - $1,198,665
TOTAL WASTEWATER ENTERPRISE FUND: $9,612,995
Said sum to be funded from wastewater receipts.

c) Recreation and Community Programs That the Town appropriate the following sums of money to operate the Recreation and Community Programs Department during fiscal year 2019 under the provisions of M.G.L. Chapter 44, Section 53F½:
Personal Services - $1,416,168
Expenses - $1,434,325
Subtotal-Personal Services/Expenses Debt Service - $$2,850,493
TOTAL RECREATION AND COMMUNITY PROGRAMS ENTERPRISE FUND: $2,850,493
Said sum to be funded from recreation receipts, $375,000 from retained earnings, and a transfer of $214,292 from the tax levy.

RECOMMENDATIONS

BOS: Unanimous
AC: Unanimous

VOTE of TOWN MEETING (simple majority)
YES: 142
NO: 0
ABSTAIN: 1
MOTION PASSES

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 persons, veterans, surviving spouses and seniors, and provide an additional exemption of 100% percent of the personal exemption, to be effective for exemptions granted for any fiscal year beginning on or after July 1, 2018.

RECOMMENDATIONS
BOS: 4-0 SUPPORTS (Barry recused)
AC: Unanimous

VOTE OF TOWN MEETING (SIMPLE MAJORITY)
YES: 145
NO: 0
ABSTAIN: 2
MOTION PASSES
Article 11 is now open

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 7, or any other enabling authority. Any premium received by the Town upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with Chapter 44, Section 20 of the General Laws, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount.

Presentation, HERE.

RECOMMENDATIONS
BOS: Unanimously supports
AC: Unanimous
CEC: Unanimous

Question Mic: TMM/P8 Parking spaces?
A: Sum total of parking spaces will be the same

Question Mic: TMM/P6 What are the plans for the Hosmer House?
A: Clarification?
Q: I heard the plan was to move it, fairly expensive. Already spent a million on it and have no use for is. What is going to be done?
A: Currently, shown relocated on site. The foundation of that building is in disrepair.
TMM: I'm opposed to more taxpayer funds on the Hosmer House.

VOTE of TOWN MEETING (2/3 majority)
YES: 144
NO: 0
ABSTAIN: 2
MOTION PASSES

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 construction of a new Fire Headquarters Station, located at 45 Bedford Street, including the costs of demolition, architectural and engineering services, original equipment, furnishings, landscaping, paving, and other site and traffic improvements incidental or related to such construction, and that to meet this appropriation the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow $18,820,700 under M.G.L. Chapter 44, Section 7, or any other enabling authority. Any premium received by the Town upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with Chapter 44, Section 20 of the General Laws, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount.

The Presentation is HERE

RECOMMENDATIONS
BOS: 
AC: Unanimously in Support
CEC: Unanimously Supports

Question Mic: TMM/P5 Trade wars between US & China, where China provides most of our solar panels?
A: Solar is not part of this project.

Question Mic: TMM/P6 Concerned with expanding footprint of building instead of adding a third floor. Would appreciate an explanation
A: The reason is because the current apparatus bays don't support current equipment.
Q: Has the Historic District Commission restricted you?
A: No.

VOTE of TOWN MEETING (2/3 majority)
YES: 143
NO: 0
ABSTAIN: 2
MOTION CARRIES

The Meeting is now open on Article 14.

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 Lexington Public Schools, is outgrowing its locations in the Harrington School and Central Administration buildings. With the Town’s purchase of the property at 20 Pelham Road, the former Armenian Elementary School, the School Committee has recommended the use of a portion of this property as a permanent location for the LCP. The funds requested by this Article will be for the design and construction of the LCP. A debt exclusion for this project was approved by the voters in December 2017.

MOTION That $11,997,842 be appropriated for design and construction for a new Lexington Children’s Place, located at 20 Pelham Road, 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 appropriation the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow $11,997,842 under M.G.L.Chapter 44, Section 7, or any other enabling authority. Any premium received by the Town upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with Chapter 44, Section 20 of the General Laws, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount.
Superintendent Dr. Mary Czjaikowski and Donna DiNisco, DiNisco Designs, present - presentation may be found HERE
Designed to LEED Silver standards. Schematic Design is on budget. On schedule to complete by September 2019.

RECOMMENDATIONS
SC: Unanimous (5-0)
BOS: Supports 4-0 (Ciccolo recused)
AC: Unanimously Supports (9-0)
CEC: Unanimously Supports (5-0)

Question Mic: TMM/P6 Will we lose some of the "grandfathering" of that space?
A: There is a time limit as to how long we can use it as a school space
Q: How long
A: I believe it's three years

Question Mic: TMM/P6 The solar panels cannot be on the roof? In the parking lot? Was the plan reviewed by Sustainable Lexington Committee?
A: Solar panels will added to roof and canopies in the parking lot. Last review of Sustainable Lexington Committee was in February.
Q: Was it positive?
A: Yes. Pleased that it was all electric building.

VOTE of TOWN MEETING (2/3 majority, because borrowing)
YES: 144
NO: 2
ABSTAIN: 5
MOTION PASSES
Deputy Moderator on the next two Articles, Articles 13 & 14

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 to its previous condition.

MOTION That the Town appropriate $30,553 to compensate Robert Daniel McGrath, 11 Cherry St., Lexington, MA, for damages incurred due to a sewer back up resulting from a failure of the Cherry St sewer main to drain on 17th June 2017 that resulted in backing raw sewage from the main into his home and that to raise such amount, $30,553 be appropriated from Wastewater Enterprise Retained Earnings.
Mr. McGrath is presenting - his presentation is HERE
Asks, what would you do if it were your home and you were seeking redress.

RECOMMENDATIONS
BOS: Unanimously opposed (5-0)
AC: 8-1 Opposed

Question Mic TMM/P4 Is it legal if TM votes to pay?
A: Hard to determine if Town Meeting should act as judge and jury.

Citizen Mic: Surprised to hear that I need to take out additional insurance
YES MIC: TMMP1
NO MIC: TMM/P7
Question Mic: TMM/P6 Want to ask BoS/Town Manager if the owner is responsible for this?
A: The answer is no
Q:What is the current balance in the line item, uninsured settlements?
A: Between $700,000- 900,000
Q: I'm wondering if anyone took a look at the amount and determined if that was the value?
A: We did not analyze it.

Citizen Mic: I live across the street - quite a disruption - $30,000, wow. Different from potholes, holes in sidewalk.
YES MIC: TMM/P8
NO MIC: TMM/P3
Question Mic: TMM/P6 DPW - does the Town have a way to monitor flow?
A: In certain parts
Q: Can we find out, as homeowners, where those parts are?
A: We actually don't monitor flow, we monitor areas where there have been problems.
Q: Given state law, could BOS come up with a policy for this situation, not negligence?
A: It may not serve the public purpose; it may serve a hypothetical situation.

YES MIC: TMM/P3
NO MIC: TMM/P8
Question Mic: TMM/P9 Are we typically covered? 
A: I had the rider, $5,000.
TMM I have dismay. I'm struggling with this.

YES MIC: TMM/P1 Calls the Question
Voice Vote - inconclusive
RECORDED VOTE TO CLOSE DEBATE (simple majority)
YES: 79
NO: 65
ABSTAIN: 7
MOTION CARRIES

Two minutes to the maker of the MOTION

VOTE of TOWN MEETING (simple majority)
YES: 55
NO: 80
ABSTAIN: 15
The MOTION FAILS

The Meeting is now open on Article 12
Notice of Reconsideration is served.

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. 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 year
  • Are 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 removed from the list and considered separately at the request of a Town Meeting Member.

The blogging and tweeting ensue once we're Called to Order.

Friday, April 6, 2018

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 infractions, not criminal ones.

We need immigration reform in this country. We need policy that puts people and families first. We must protect the civil rights of all Massachusetts residents. That's why I support the Safe Communities Act and Article 34.

This Resolution would make Lexington a welcoming, inclusive, and safe community for all people, regardless of their immigration status.

Police Chief Corr raised particular concerns and Lexington People Power [who sponsored the Article] has adequately responded to them -- and that's important -- because Article 34 concerns the rights and relationships between the Lexington Police Department and undocumented people living, working, and traveling here.

This Resolution is built around key provisions of the Safe Communities Act to protect civil liberties of the undocumented in Lexington. It protects due process and will not keep police from investigating crimes or prosecuting anyone who commits a crime, nor will it stop police from collaborating with federal agencies, including ICE, as part of any criminal investigation.

Without trust and good communication, undocumented people won't feel safe to report crime or contact the police, for fear of being arrested or detained. We need trust between residents and our police department staff for improved public safety for all in our community.

Until the State Legislature acts on the Safe Communities Act, cities and towns across the Commonwealth have taken local action reflecting many of the Safe Communities Act's provisions. Let's join them and enthusiastically adopt this Article.

Wednesday, April 4, 2018

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 items up as proposed above): the Ayes have it

ARTICLE 10 – APPROPRIATE THE FY19 COMMUNITY PRESERVATION COMMITTEE OPERATING BUDGET AND CPA PROJECTS To see if the Town will vote to hear and act on the report of the Community Preservation Committee on the FY19 Community Preservation budget and, pursuant to the recommendations of the Community Preservation Committee, to appropriate from the Community Preservation Fund, or to reserve amounts in the Community Preservation Fund for future appropriations, for the debt service on previously authorized financing; for the administrative expenses of the Community Preservation Committee for FY19; for the acquisition, creation and preservation of open space; for the acquisition, preservation, rehabilitation and restoration of historic resources; for the acquisition, creation, preservation, rehabilitation and restoration of land for recreational use; for the acquisition, creation, preservation and support of community housing; and for the rehabilitation and restoration of open space and community housing that is acquired or created with moneys from the Community Preservation Fund; to appropriate funds for such projects and determine whether the money shall be provided by the tax levy, or from estimated Community Preservation Act surcharges and the State match for the upcoming fiscal year, by transfer from available funds, including enterprise 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 at the request of the Community Preservation Committee) 

This Article requests that Community Preservation funds and other funds, as necessary, be appropriated for the projects recommended by the Community Preservation Committee, the debt service on previously authorized projects, and for administrative costs.

MOTION: That the Town hear and act on the report of the Community Preservation Committee on the FY2019 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 FY2019 receipts as recommended by the Community Preservation Committee:
  1. $551,400 for the acquisition, creation and preservation of open space;
  2. $551,400 for the acquisition, preservation, rehabilitation and restoration of historic resources;
  3. $551,400 for the acquisition, creation, preservation and support of community housing; and
  4. $3,859,800 to the Unbudgeted Reserve.
And further, that the Town make appropriations from the Community Preservation Fund and other sources as follows:

a) That this item be indefinitely postponed;

b) That $365,000 be appropriated for the Community Center Sidewalk, and to meet this appropriation $365,000 be appropriated from the Historic Resources Reserve of the Community Preservation Fund;

c) That $20,000 be appropriated for Archives & Records Management and Records Conservation & Preservation, and to meet this appropriation $20,000 be appropriated from the Historic Resources Reserve of the Community Preservation Fund;

d) That $200,000 be appropriated for the Renovation and Adaptive Re-Use of 9 Oakland Street, and to meet this appropriation $200,000 be appropriated from the Historic Resources Reserve of the Community Preservation Fund;

e) That $100,000 be appropriated for Public Grounds Irrigation Improvements, and to meet this appropriation $40,000 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund and $60,000 be appropriated from the General Fund unreserved fund balance;

f) That $302,000 be appropriated for Playground Replacement Program- Bowman School, and to meet this appropriation $302,000 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund;

g) That $975,000 be appropriated for Athletic Facility Lighting, and to meet this appropriation $975,000 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund;

h) That $3,340,000 be appropriated for the Center Track and Field Reconstruction, and to meet this appropriation the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow $3,340,000 under M.G.L. Chapter 44, Section 7 as amended or under M.G.L. Chapter 44B, as amended, or any other enabling authority. Any premium received by the Town upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with Chapter 44, Section 20 of the General Laws, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount;

i) That $75,000 be appropriated for the Old Reservoir Bathhouse Design, and to meet this appropriation $75,000 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund;

j) That $1,400,000 be appropriated for Lowell Street/Farmview Affordable Housing Supplemental Funds, and to meet this appropriation $600,000 be appropriated from the Community Housing Reserve of the Community Preservation Fund and $800,000 be appropriated from the Undesignated Fund Balance of the Community Preservation Fund;

k) That $2,314,516 be appropriated for CPA Debt Service and related costs and to meet this appropriation $380,550 be appropriated from the Open Space Reserve of the Community Preservation Fund, $400,000 be appropriated from the Historic Resources Reserve of the Community Preservation Fund and $1,533,966 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund; and

l) That $150,000 be appropriated for the Administrative Expenses and all other necessary and proper expenses of the Community Preservation Committee for FY2019 and to meet this appropriation $150,000 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund.

Presentation for Article 10j is HERE.

Question Mic: TMM/P4 Has the Town submitted a Home Rule petition to use MM students?
A: We like to use them on renovation projects, but this project isn't suited to it.
Q: Will vote no

YES MIC: TMM/P7
Question Mic: TMM/P2 Are these units be on the former Busa Farm?
A: Yes
Q: Are there more units planned?
A: No

YES MIC: TMM/P2
Question Mic: TMM/P What's the vetting process for affordable housing?
A: We do it (Lex HAB)
YES MIC: TMM/P8
Question Mic: TMM/P1 Concerned about future costs. Requirement for public bidding?
A: All of our projects will have to follow public procurement process
Q: What does this imply for the Leary Property that was purchased at the same time?
A: We would look forward to working on that site; don't believe we've done a wetland study.

NO MIC: TMM/P1
YES MIC: TMM/P3
Question Mic: TMM/P6 More about the surprise about the slope?
A: Surprises as far as from the sewer line, further up the street than we thought.
Q: More risk to the farm because of ejectors?
A: They are pumping up into the street.
Q: Require electric power?
A: They do.
Q: What happens when they lose power?
A: We'll have to school residents about what to do.
Member supports affordable housing, expresses concern for keeping the farm in

YES MIC: TMM/P4

TMM Calls the Question
THE AYES HAVE IT -- DEBATE IS CLOSED

Two minutes to the maker of the MOTION
VOTES (simple majority)
YES: 144
NO: 14
ABSTAIN: 6
THE MOTION CARRIES
On to 10d

ARTICLE 10d: That $200,000 be appropriated for the Renovation and Adaptive Re-Use of 9 Oakland Street, and to meet this appropriation $200,000 be appropriated from the Historic Resources Reserve of the Community Preservation Fund.
Presentation is HERE.

NO MIC: TMM/P6
Question Mic: TMM/P2 How many people reside there?
A: 15
Q: Are any under age 18?
A: No.

YES MIC: TMM/P6
Question Mic: TMM/P7 Reconfirm that the majority of funds are not expended?
A: I do not dare challenge Mr. Kanter's numbers.

YES MIC: TMM/P3
YES MIC: TMM/P3

VOTES (simple majority)
YES: 153
NO: 2
ABSTAIN: 3
The MOTION is APPROVED

On to Article 10b: That $365,000 be appropriated for the Community Center Sidewalk, and to meet this appropriation $365,000 be appropriated from the Historic Resources Reserve of the Community Preservation Fund.
The Presentation is HERE.

Question MIC: TMM/P6 What is the status of the other projects?
A: Deemed unnecessary
Q: Why dropped the plans from Marrett Road?
A: Concern from the Fire Chief, we have a second egress.

Question Mic: TMM/P6 If we're going to be looking at Pelham to Community Center, why are we doing it now?
A: Couple of reasons. BOS wants to have all buildings accessible by foot. LexPress, MBTA are more practical locations.
Q: Pedestrian traffic up Marrett Road to the Community Center?
A: No study has been done.

YES MC: TMM/P9
NO MIC: TMM Calls the Question

Voice Vote -- the AYES have it

VOTES (simple majority)
YES: 126
NO: 19
ABSTAIN: 10
The MOTION CARRIES
Member serves Notice of Reconsideration

On to Article 10e: That $100,000 be appropriated for Public Grounds Irrigation Improvements, and to meet this appropriation $40,000 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund and $60,000 be appropriated from the General Fund unreserved fund balance.

Question Mic: TMM/P7 Does this include the jug-handle at Hartwell AVe?
A: Yes.

VOTES (simple majority)
YES: 145
NO: 1
ABSTAIN: 4
MOTION CARRIES
On to Article 10f

Article 10f: That $302,000 be appropriated for Playground Replacement Program- Bowman School, and to meet this appropriation $302,000 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund
Presentation is HERE

Question Mic: TMM/P1 Was on the Playground Committee at Harrington, trying to figure out the costs -- where are they going?
A: Using state bid list, state contractor. This has two structures, not one, like the one you described.
Q: Cost of the base surfacing?
A: To renovate $32,000; to change decks and clamps another $14,000. New structure is $70,000

Question Mic: TMM/P6 Construction standard to achieve pricing efficiency
A: No

VOTES (simple majority)
YES: 149
NO: 1
ABSTAIN: 2
MOTION CARRIES
On to Article 10g

Article 10g: That $975,000 be appropriated for Athletic Facility Lighting, and to meet this appropriation $975,000 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund.
Presentation for 10g, 10h, 10i HERE

Question Mic: TMM/P5 Rebates from Eversource?
A: We will look into this.

VOTES (simple majority)
YES: 148
NO: 0
ABSTAIN: 1
MOTION CARRIES
On to 10h

Article 10h: That $3,340,000 be appropriated for the Center Track and Field Reconstruction, and to meet this appropriation the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow $3,340,000 under M.G.L. Chapter 44, Section 7 as amended or under M.G.L. Chapter 44B, as amended, or any other enabling authority. Any premium received by the Town upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with Chapter 44, Section 20 of the General Laws, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount.
Presentation is HERE.

YES MIC: TMM/P6
Question MIC: TMM/P More information about the funding?
A: Some to be paid by the the general fund, some to be paid by the preservation fund.

YES MIC: TMM/P8

Question MIC: TMM/P6 Use of debt?
A; Not sufficient funds to pay it all from cash. Over a shore period of time, less than 5 years, to pay off the debt.

Question MIC: TMM/P1 Need for new bleachers? How much goes to that?
A: Old wooden bleachers have been removed; new bleachers will seat 300 people
Q: How much?
A: $50,000

Question MIC: TMM/P4 How do we know how the debt service should be allocated each year?
A: Pro-rate the debt service; a math calculation.

Question MIC: TMM/P4 Ability of putting the football field inside the track, knowing it may disappear?
A: Yes. We have started to think about those scenarios.

Question MIC: TMM/P5 Synthetic fields - snow removal?
A: Snow removal on a straight synthetic field will destroy the field. We're looking at it, moving forward.

VOTES (requires 2/3 majority because, borrowing)
YES: 149
NO: 0
ABSTAIN: 2
MOTION CARRIES
On to 10i

Article 10i: That $75,000 be appropriated for the Old Reservoir Bathhouse Design, and to meet this appropriation $75,000 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund.
Presentation HERE.

VOTES (simple majority)
YES: 137
NO: 1
ABSTAIN: 1
MOTION CARRIES
On to 10k

Article 10k: That $2,314,516 be appropriated for CPA Debt Service and related costs and to meet this appropriation $380,550 be appropriated from the Open Space Reserve of the Community Preservation Fund, $400,000 be appropriated from the Historic Resources Reserve of the Community Preservation Fund and $1,533,966 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund.
Presentation HERE

VOTES (simple majority)
YES: 136
NO: 0
ABSTAIN: 1
MOTION CARRIES

Remaining parts of Article 10 will be taken up under the Consent Agenda (that's10a &10l), after April break. Edit: Not April break, just after the weekend. ~mas

MOTION to adjourn until 7:15 on Monday April 9
We are adjourned 10:35 PM

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:
  1. Update the Police Policy and Procedures Manual so that it is fully compliant and fully aligned with the SCA.
  2. Train all police department employees, with respect to these changes in the Police Policy and Procedures Manual.
  3. Inform the community through public communications, municipal signage and other means deemed appropriate, that the town is a Welcoming, Inclusive and Safe Community.
  4. Provide quarterly reports by the Lexington Police Department to the Board of Selectmen on all contacts in aggregate, and the nature of those contacts, with ICE or other federal immigration authorities. If the Safe Communities Act or a similar Act is passed that requires similar public reporting to the state, this requirement to report locally will be considered unnecessary.
  5. Report any subsequent changes to the Police Policy and Procedures Manual related to this resolution in a Public Hearing.
  6. Refer to, and consider including to the extent consistent with applicable laws, all of the elements of the Safe Communities Act (S.1305) as submitted to the Massachusetts Legislature on January 20, 2017, and which apply to municipalities, when updating the Police Policy and Procedures Manual.
The intent of this article is to make Lexington a more welcoming, inclusive, and safe community for immigrants, regardless of immigration status. The article seeks to establish safeguards that adhere to the principles set forth in the Safe Communities Act (SCA), Senate Bill 1305, now before our state legislature. The SCA’s co-sponsors include State Representative Jay Kaufman, State Senator Mike Barrett and State Senator Cindy Friedman. Our proposed Lexington warrant article would give immigrants living, working or traveling through Lexington the confidence that they could approach police or other town officials for help of any manner, without threat of their immigration status being used against them in any way. Because that is not currently the case, the entire community is at risk, when a segment of the population is afraid to reach out for help.

RECOMMENDATIONS 
BOS: 4-0 (Chair Barry, recused)

Citizen Mic: Minuteman Indivisible supports
YES MIC: TMM/P1
Citizen Mic: Supports

Question Mic: TMM/P3 to Chief of Police
A: Can support as written

Question Mic: TMM/P4 to BOS How to move forward with a public process if Legislature acts with a watered down version? Will the BOS support the stronger provisions in 1305?
A: Can't answer, we haven't deliberated on this.
Q: The resolution asks the procedures be aligned with S.1305
A: Can't provide an answer
Q: What process for proponents, the public, going forward, to align?
A: Chief Corr -- the voice of this body is enough to communicate to the LPD

YES MIC: TMM/P3
Citizen Mic: Supports
YES MIC: TMM/P2

NO MIC: TMM/P5
YES MIC: TMM/P8
Citizen's MIC: Opposed
YES MIC: TMM/P8

Question Mic: TMM/P8  Since this is a Resolution, what's the mechanism for asking LPD to do this?
A: Town Moderator: TMM is requesting BOS to do this.

TMM calls the Question
Voice Vote: Ayes have it

Final comments from the Article's proponent.

VOTE OF TOWN MEETING (simple majority)
YES: 155
NO: 5
ABSTAIN: 2
THE MOTION IS ADOPTED

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:
Time 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.

Monday, April 2, 2018

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 reducing emissions from buildings Town-wide to net zero over the next 25 to 35 years. The Task Force is composed of a broad range of stakeholders including local businesses, commercial and residential property owners, subject matter experts, Town staff, and appropriate Town committee members. The Task Force, with the assistance of consultants, will develop strategies, plans, and recommendations to achieve an annual balance of zero greenhouse gas emissions from building operations for approval by the Town.

Presentation is HERE
Mark Sandeen, Chair of  Sustainable Lexington Committee explains Getting to Net Zero is a 25 year Goal to transition to 100% renewable energy, via:

  • Report - assessment of buildings' performance
  • Reduce - energy efficiency & fuel switching
  • Produce - maximize onsite renewable energy
  • Purchase - buy renewable electricity
Recommendations of Boards & Committees
BoS: Supports
AC: Unanimously Support

YES: 135
NO: 0
ABSTAIN: 3
MOTION PASSES

Wednesday April 4, 2018:
Safe Communities
Consent Agenda
CPC Articles

We are Adjourned 10:25 PM

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 appropriation $200,000 be appropriated from the General Fund unreserved balance, and that the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow $4,375,000 under M.G.L. Chapter 44, Section 7, or any other enabling authority. Any premium received by the Town upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with Chapter 44, Section 20 of the General Laws, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount.

Recommendations of Boards & Committees
BoS: Supports 4-1
AC: Supports 8-1
CEC: Supports 3-3
Tourism Committee: Unanimously, Enthusiastically, and with Gratitude Supports
Center Committee: Unanimously Supports

YES MIC: TMM/P2

Question from TMM/P6: Process with HTC?
A: HTC did not entertain a formal review until later in the document process
Q: Proponent shared economic benefits of this project -- how would Town benefit? Specific and quantitative?
A: At this time we have not done an actual revenue analysis, but believe there will be more foot traffic and greater vibrancy in the Town Center.

Citizen MIC: Joe Rancatore, owner of Ranc's Ice Cream & Yogurt, in strong support
NO MIC: TMM/P7

Q TMM/P8: What detail is there about reducing Town contribution?
A: One-time costs, possible grants, state funding; revenue fee increases, Chamber of Commerce, Lions, dedicated revenue in the gift shop.
Q: CEC 3-3?
A: Unanimous for design funds, split as to design funds

YES MIC: TMM/P3
Citizens MIC: Lexington Historical Society supports

Q TMM/P3: Departing from our time-honored process of plans and design funding...?
A: BoS member Pato explains reasons for not supporting

YES MIC: TMM/P7
Citizen MIC: Lexington Chamber of Commerce supports

Q TMM/P2: Sustainable design features? 22% energy costs include solar considerations? I think we can do better
A: Solar was discussed several times. The roof doesn't lend itself well for solar.
Q: Heating/cooling system?
A: All electric is relatively efficient
Q: Hearing this is being done through a new process? Why?
A: Basically, this project is creating a new procedure on a good side -- came to the Permanent Building Committee to create a new building. With feasibility studies, we waited for funding from the state, then went forward.

YES MIC: TMM/P7
Citizen MIC: Lexington Arts & Crafts Society supports
NO MIC: TMM/P7

Q TMM/P6: Trees? What can public expect?
A: Landscape architect lives in Lexington. Some trees are in very bad condition. Trees in the illustration

TMM calls the Question
Voice Vote
Ayes have it

Requires 2/3 majority
YES: 134
NO: 30
ABSTAIN: 12
MOTION CARRIES

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: (Chair of Retirement Board) Since 2 years ago, we review holdings, have reduced to 4.5% of our total holdings, on our way to full divestment.

No final questions

Time to Vote -- 2/3 majority
Yes: 170
No:1
Abstain: 1
MOTION is APPROVED

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 FY19 Budget and Financing Plan, HERE.
The revenue allocation model developed by the Town Manager and Superintendent of Schools and accepted by the Board of Selectmen, School Committee, and financial committees (Appropriation - AC - and Capital Expenditures - CEC).
After first funding the Shared Expenses budget and capital projects, 74% of all remaining FY19 projected general fund revenues are allocated to the School Department and 26% are allocated to municipal departments.
Summary of Financial Strategy:
- a deliberate plan for future capital projects
- a deliberate plan for use of reserves for property tax relief
- a deliberate plan for operating budget increases
- continue economic development efforts to balance Lexington's tax base
More to come on that last bullet in the Fall.

Report of the Appropriation Committee (AC) is received and placed on file. John Bartenstein, AC Chair, presents the report.


Report of the Minuteman School Superintendent is received and placed on file with the Town Clerk. Superintendent, Ed Bouquillon presents.

Following ARTICLE 4 – FY19 Operating Budget, it is anticipated that the Capital Expenditures Committee will ask that their report be received and placed on file.
Report of the Capital Expenditures Committee (CEC).

If any additional reports are filed tonight, this post will be updated.

Third Session of Town Meeting Tonight

Third session in Isaac Harris Cary Memorial Building begins a bit earlier tonight, at 7:15 PM, to acknowledge graduating seniors from LHS and Minuteman with State House Citations, presented by State Representative, Jay Kaufman.

All Articles from Wednesday's March 28, 2018 session were completed. Votes of Town Meeting, HERE.
Town Warrant is HERE.

Articles anticipated for tonight's session have been prepared by the Town Moderator, in consultation with Staff, Boards, Committees, and Article Sponsors:
  • Article 2 – Town Manager's Report
  • Article 2 –  Appropriation Committee (AC) Report, HERE
  • Article 2 –  Minuteman School Superintendent's Report, HERE
  • Article 4 –  FY19 Operating Budget - Budget and Financing Plan is HERE
  • Article 2 –  Capital Expenditures Committee (CEC) Report, HERE
  • Article 22 –  Visitors' Center, HERE
  • Article 7 – Getting to New Zero (removed from the consent agenda), HERE
Time permitting:
Each completed Article to be posted as we go.