Back in Battin Hall for Town Meeting (TM).
Tonight's anticipated schedule of Articles is HERE.
2019 Town Warrant is HERE.
Votes of Town Meeting Members (TMMs) from Opening Night, Monday, March 25, HERE.
Updating this post once Town Moderator (TMod) gavels the Call to Order.
7:30 PM — TMod gavels in, TM is Called to Order.
Fire Chief reminds -- exit to your nearest exit. Look around, as it may not be the entrance you came through.
Brief recess to honor Dan Fenn's 96th birthday. This is his 54th Town Meeting.
When up to speak at mics, be sure to say name and precinct. YES & NO mics: 3-minute time limit.
Question mic: 2-minute time limit. Girls Scout Troop #65411, who say thank you.
We have a HARD STOP tonight at 10:30 Eversource needs to turn off the power at 11:00 PM.
James Malloy, Town Manager introduces Senior Management.
The Meeting is back in session. Meeting is now open on Article 2. Note that Article 2 remains open throughout Town Meeting for Reports from Officers, Boards, or Committees to be presented and placed on file with the Town Clerk.
Article 2: Report of the Board of Selectmen is received and placed on file by VOICE VOTE.
Article 2: Report of the Capital Expenditures Committee (CEC)
MOTION to receive the report and place on file is made by CEC Chair Charles Lamb; passes on a VOICE VOTE
Article 7: Creation of a Lexington Economic Development Strategy (Citizen Article)
MOTION that this item be Indefinitely Postponed (IP'd)
Bridger McGaw, TMM/P6, with the presentation, HERE.
Board of Selectmen (BoS): Unanimously supports IP. Asks to recognize Town Manager Malloy, who speaks to strength of Economic Development Office, to report by June 15, 2019. More details in the presentation linked above.
IP PASSES on a VOICE VOTE
Article 8: Funding for Sustainability Actions (Citizen Article)
MOTION that this item be IP'd
Ricki Pappo, TMM/P2
BoS: Unanimous supports
CEC: Unanimously supports
IP PASSES on a VOICE VOTE
Article 9: Sustainability Director (Citizen Article)
MOTION that this item be IP'd
Ricki Pappo, TMM/P2 makes brief Presentation, HERE
BoS: Unanimously supports IP
IP PASSES by VOICE VOTE
Article 39: Amend Zoning Bylaw – Limited Site Plan Review (Citizen Article, referring to MGL Chapter 40A, §3, "Dover Amendment Uses")
MOTION is received and placed on file by VOICE VOTE
Jeanne Krieger, TMM/P3, with the Presentation, HERE.
The Report of the Planning Board (PB) is received and placed on file by VOICE VOTE
PB: Unanimously supports
BoS: Unanimously supports
Citizen's Mic: Resident speaks in support. Recently impacted by Dover Amendment (Goddard School); worries about light pollution impact on nature; bright lights directly into their home. Large paved parking lot; unclear if plantings to mitigate the impervious nature of pavement.
QuestionMic: TMM/P9 The institution for the brain in the center, would that fall under this type of review?
PB: Educational institution.
TMM/P9 The brain institute is an educational institution and would fall under this review. I do not want to place difficulty on them.
Citizen's Mic: This proposal is modest. Review is important. Need knowledge for scope of a project coming in. Urge support for it.
YESmic: TMM/P3 Wasn't informed about this project until the first day of work on it. A concern is that it is constructed adjacent to a conservation area. Bright lights are unnecessary.
Qmic: TMM/P1 1). When was the Dover Amendment enacted and why is it called that? 2). What was the purpose? 3). Has the PB tried to do something like this in the past?
Town Counsel: 1). Not sure how long or why named. The Amendment has been around for decades. Think it may have something to do with the Town of Dover. 2). Purpose is clear: to protect uses, avoid discrimination on religious, educational institutions, against neighborhoods. There is room for regulation. Courts say to stick close to the six uses.
PB: 3). Many uses in Lexington over the years. No one has approached the PB with anything resembling this over the years.
Qmic: TMM/P2 What is the process in the case of disagreement?
A: There is the right to seek agreement within the courts.
YESmic: TMM/P2 This is an important tool we could've used for the project referenced previously.
CitizenMic: Is in support. Resident surprised by a project that "appeared" one morning behind her house. It would be good to know about such a project. Need some kind of oversight.
Qmic: TMM/P4 Is there a way to add lighting, other conditions?
Town Counsel To follow up on previous question about, Amendment enacted in 1950, Town of Dover. Now to answer -- there is a risk that court would not permit conditions.
YESmic: TMM/P4 Encourage TMMs to vote for this. There are a lot of things that can be done to create more harmony between the institution and the Town.
Citizen's Mic: Impacted by expansion of a project with little oversight behind house. Young children. very much in favor of this.
Qmic: TMM/P8 Is there a way to add screening?
Town Counsel: The exact contours are not black and white, with respect to the courts. Screening from parking may be permissible. The way this is drafted, PB to draft guidance in the six areas, may be acceptable.
NOmic: TMM/P7 Calls the Question
PASSES by VOICE VOTE
Final comments by the Maker of the MOTION
Vote Requires 2/3 Majority
YES: 151
NO: 4
ABSTAIN: 4
MOTION PASSES
Articles 33 (Petition the General Court of the Commonwealth of Massachusetts), 34 (General Bylaw), & 37 (Zoning Bylaw): Rename “Board of Selectmen” to “Select Board”
MOTIONs (linked to in Article numbers above) are received and PASS on a VOICE VOTE
Presentation for all three Articles, HERE
Articles 33 & 34 require simple Majority; Article 37 requires 2/3 Majority
BoS: Unanimously supports all 3
Ricki Pappo, TMM/P2
BoS: Unanimous supports
CEC: Unanimously supports
IP PASSES on a VOICE VOTE
Article 9: Sustainability Director (Citizen Article)
MOTION that this item be IP'd
Ricki Pappo, TMM/P2 makes brief Presentation, HERE
BoS: Unanimously supports IP
IP PASSES by VOICE VOTE
Article 39: Amend Zoning Bylaw – Limited Site Plan Review (Citizen Article, referring to MGL Chapter 40A, §3, "Dover Amendment Uses")
MOTION is received and placed on file by VOICE VOTE
Jeanne Krieger, TMM/P3, with the Presentation, HERE.
The Report of the Planning Board (PB) is received and placed on file by VOICE VOTE
PB: Unanimously supports
BoS: Unanimously supports
Citizen's Mic: Resident speaks in support. Recently impacted by Dover Amendment (Goddard School); worries about light pollution impact on nature; bright lights directly into their home. Large paved parking lot; unclear if plantings to mitigate the impervious nature of pavement.
QuestionMic: TMM/P9 The institution for the brain in the center, would that fall under this type of review?
PB: Educational institution.
TMM/P9 The brain institute is an educational institution and would fall under this review. I do not want to place difficulty on them.
Citizen's Mic: This proposal is modest. Review is important. Need knowledge for scope of a project coming in. Urge support for it.
YESmic: TMM/P3 Wasn't informed about this project until the first day of work on it. A concern is that it is constructed adjacent to a conservation area. Bright lights are unnecessary.
Qmic: TMM/P1 1). When was the Dover Amendment enacted and why is it called that? 2). What was the purpose? 3). Has the PB tried to do something like this in the past?
Town Counsel: 1). Not sure how long or why named. The Amendment has been around for decades. Think it may have something to do with the Town of Dover. 2). Purpose is clear: to protect uses, avoid discrimination on religious, educational institutions, against neighborhoods. There is room for regulation. Courts say to stick close to the six uses.
PB: 3). Many uses in Lexington over the years. No one has approached the PB with anything resembling this over the years.
Qmic: TMM/P2 What is the process in the case of disagreement?
A: There is the right to seek agreement within the courts.
YESmic: TMM/P2 This is an important tool we could've used for the project referenced previously.
CitizenMic: Is in support. Resident surprised by a project that "appeared" one morning behind her house. It would be good to know about such a project. Need some kind of oversight.
Qmic: TMM/P4 Is there a way to add lighting, other conditions?
Town Counsel To follow up on previous question about, Amendment enacted in 1950, Town of Dover. Now to answer -- there is a risk that court would not permit conditions.
YESmic: TMM/P4 Encourage TMMs to vote for this. There are a lot of things that can be done to create more harmony between the institution and the Town.
Citizen's Mic: Impacted by expansion of a project with little oversight behind house. Young children. very much in favor of this.
Qmic: TMM/P8 Is there a way to add screening?
Town Counsel: The exact contours are not black and white, with respect to the courts. Screening from parking may be permissible. The way this is drafted, PB to draft guidance in the six areas, may be acceptable.
NOmic: TMM/P7 Calls the Question
PASSES by VOICE VOTE
Final comments by the Maker of the MOTION
Vote Requires 2/3 Majority
YES: 151
NO: 4
ABSTAIN: 4
MOTION PASSES
Articles 33 (Petition the General Court of the Commonwealth of Massachusetts), 34 (General Bylaw), & 37 (Zoning Bylaw): Rename “Board of Selectmen” to “Select Board”
MOTIONs (linked to in Article numbers above) are received and PASS on a VOICE VOTE
Presentation for all three Articles, HERE
Articles 33 & 34 require simple Majority; Article 37 requires 2/3 Majority
BoS: Unanimously supports all 3
PB: Unanimously supports
Qmic: TMM/P4 Address how?
Town Counsel: General Laws use both "Board of Selectmen" and "Select Board"; for purposes of correspondence, use Select Board
NOmic: TMM/P3 Voicing a muted NO. Respect for history, not blindly, tho. [Cites historical use, as Puritans created the term in Dorchester.]
YESmic: TMM/P5 I respectfully disagree. It's right to be gender-inclusive. We saw Concord on that list in the presentation, so, there's that.
NOmic: TMM/P6 I would like to say that I, too, always thought of "Selectmen" as a title. I worked hard for that title.
Qmic: TMM/P5 I always thought of "Selectmen" as a generic term. Is there any actual real evidence that men or women support this change?
BoS Member Hai: More than 20% of Towns using Town form of Government, use "Select Board".
YESmic: TMM/P1 I'm surprised we are even having a debate about this. We are not erasing history in Lexington!
[Noting the looong line of women that just formed behind the YES mic!]
TMM Calls the Question
Vote to Close Debate PASSES by VOICE VOTE
ARTICLE 37 REQUIRES 2/3 VOTE
YES: 143
NO: 14
ABSTAIN: 1
MOTION PASSES BY MORE THAN THE 2/3 NECESSARY
ARTICLE 33 REQUIRES SIMPLE MAJORITY
YES: 145
NO: 12
ABSTAIN: 1
MOTION PASSES
ARTICLE 34 REQUIRES SIMPLE MAJORITY
YES: 145
NO: 10
ABSTAIN: 2
MOTION PASSES
Article 2: Town Manager’s Budget Report (Noting that TMMs do not have a copy of his report/presentation, but it is built from the first tab of The Brown Book, pp.i-xvi)
MOTION to receive the report and place on file PASSES on a VOICE VOTE
James Malloy Town Manager with the presentation.
TMM/P4 serves Notice of Reconsideration on Article 39.
TMod: Member has served Notice of Reconsideration is timely.
Still have time before the HARD STOP
PASSING by VOICE VOTE to take up Article 28
Article 28: Confirm Street Acceptance and Title (Portion of Pelham Road)
MOTION is HERE
That the MOTION be received and placed on file PASSES by VOICE VOTE
Select Board Member Sandeen gives the presentation, HERE
Select Board (SB): Unanimously supports
Qmic: TMM/P7 Are there any financials?
A: No.
VOTE REQUIRES 2/3 MAJORITY
Unanimous by VOICE VOTE
MOTION PASSES
PASSING by VOICE VOTE to take up Article 29
SBMember Barry recuses, as her spouse works for Lexington Police Department
Article 29: Civil Service Withdrawal
Full text of the Article, HERE
MOTION is received and placed on file by VOICE VOTE
SB: 4-0 in support (SBM Barry's recusal)
Qmic: TMM/P2 Talked about hiring. Anything else? Pensions? Firings?
Town Manager: It would not affect pensions at all. Other parts defined in labor contracts.
Q: Please explain to ensure fair process for hirings?
TMgr: We will continue to do with negotions process
Qmic: TMM/P6 Appreciate very clear explanation. Curious: overtime pay, hiring officers in a timely. Does the budget assume this passes?
TMgr: Budget includes contracts as we have worked them out.
Qmic: TMM/P8 What is the benefit?
TMgr: Benefit is limited to certain list of candidates. Not on the list enables a wider net. Gives us an ability to diversify, as Burlington was able to do [when they adopted this about a year ago]
Qmic: TMM/P3 Is there any negative implication for Veterans?
TMgr: No. We will continue to give preference to Veterans
Qmic: Any negative at all to police?
TMgr: No.
Qmic: TMM/P3 Speaking as member of Appropriation Committee (AC). Combined with contact negotions, complicates matters a bit ... did you have to make any major concessions?
TMgr: We did make some concessions because of some of the benefits.
Qmic: TMM/P3 The AC has no position on this Article.
Police Chief Corr: We will identify our best options
TMM Calls the Question
DEBATE IS CLOSED by VOICE VOTE
Final comments
VOTE REQUIRES A SIMPLE MAJORITY
YES: 145
NO: 2
ABSTAIN: 3
MOTION CARRIES
MOTION TO ADJOURN until Monday, April 1, 2019 CARRIES by VOICE VOTE
10:00 PM
Image credit: Minutemen Color Guard on Opening Night of 2019 Annual Town Meeting (ATM) ~ mas
Qmic: TMM/P4 Address how?
Town Counsel: General Laws use both "Board of Selectmen" and "Select Board"; for purposes of correspondence, use Select Board
NOmic: TMM/P3 Voicing a muted NO. Respect for history, not blindly, tho. [Cites historical use, as Puritans created the term in Dorchester.]
YESmic: TMM/P5 I respectfully disagree. It's right to be gender-inclusive. We saw Concord on that list in the presentation, so, there's that.
NOmic: TMM/P6 I would like to say that I, too, always thought of "Selectmen" as a title. I worked hard for that title.
Qmic: TMM/P5 I always thought of "Selectmen" as a generic term. Is there any actual real evidence that men or women support this change?
BoS Member Hai: More than 20% of Towns using Town form of Government, use "Select Board".
YESmic: TMM/P1 I'm surprised we are even having a debate about this. We are not erasing history in Lexington!
[Noting the looong line of women that just formed behind the YES mic!]
TMM Calls the Question
Vote to Close Debate PASSES by VOICE VOTE
ARTICLE 37 REQUIRES 2/3 VOTE
YES: 143
NO: 14
ABSTAIN: 1
MOTION PASSES BY MORE THAN THE 2/3 NECESSARY
ARTICLE 33 REQUIRES SIMPLE MAJORITY
YES: 145
NO: 12
ABSTAIN: 1
MOTION PASSES
ARTICLE 34 REQUIRES SIMPLE MAJORITY
YES: 145
NO: 10
ABSTAIN: 2
MOTION PASSES
Article 2: Town Manager’s Budget Report (Noting that TMMs do not have a copy of his report/presentation, but it is built from the first tab of The Brown Book, pp.i-xvi)
MOTION to receive the report and place on file PASSES on a VOICE VOTE
James Malloy Town Manager with the presentation.
TMM/P4 serves Notice of Reconsideration on Article 39.
TMod: Member has served Notice of Reconsideration is timely.
Still have time before the HARD STOP
PASSING by VOICE VOTE to take up Article 28
Article 28: Confirm Street Acceptance and Title (Portion of Pelham Road)
MOTION is HERE
That the MOTION be received and placed on file PASSES by VOICE VOTE
Select Board Member Sandeen gives the presentation, HERE
Select Board (SB): Unanimously supports
Qmic: TMM/P7 Are there any financials?
A: No.
VOTE REQUIRES 2/3 MAJORITY
Unanimous by VOICE VOTE
MOTION PASSES
PASSING by VOICE VOTE to take up Article 29
SBMember Barry recuses, as her spouse works for Lexington Police Department
Article 29: Civil Service Withdrawal
Full text of the Article, HERE
MOTION is received and placed on file by VOICE VOTE
SB: 4-0 in support (SBM Barry's recusal)
Qmic: TMM/P2 Talked about hiring. Anything else? Pensions? Firings?
Town Manager: It would not affect pensions at all. Other parts defined in labor contracts.
Q: Please explain to ensure fair process for hirings?
TMgr: We will continue to do with negotions process
Qmic: TMM/P6 Appreciate very clear explanation. Curious: overtime pay, hiring officers in a timely. Does the budget assume this passes?
TMgr: Budget includes contracts as we have worked them out.
Qmic: TMM/P8 What is the benefit?
TMgr: Benefit is limited to certain list of candidates. Not on the list enables a wider net. Gives us an ability to diversify, as Burlington was able to do [when they adopted this about a year ago]
Qmic: TMM/P3 Is there any negative implication for Veterans?
TMgr: No. We will continue to give preference to Veterans
Qmic: Any negative at all to police?
TMgr: No.
Qmic: TMM/P3 Speaking as member of Appropriation Committee (AC). Combined with contact negotions, complicates matters a bit ... did you have to make any major concessions?
TMgr: We did make some concessions because of some of the benefits.
Qmic: TMM/P3 The AC has no position on this Article.
Police Chief Corr: We will identify our best options
TMM Calls the Question
DEBATE IS CLOSED by VOICE VOTE
Final comments
VOTE REQUIRES A SIMPLE MAJORITY
YES: 145
NO: 2
ABSTAIN: 3
MOTION CARRIES
MOTION TO ADJOURN until Monday, April 1, 2019 CARRIES by VOICE VOTE
10:00 PM
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