Special Town Meeting 2019

East Lexington, November 2016

We're in Battin Hall of Cary Memorial Building. There's a lot to cover, so Town Meeting Members (TMMs) have been asked to hold tomorrow night, too, just in case a second session is needed.

Deputy Moderator Barry Orenstein is Moderator of the Meeting.

This is a Special Town Meeting (STM), in accordance with the Acts of 1929, Chapter 215, §8 and there are a total of nine Articles to be acted upon by the elected members of Town Meeting (TM): three Articles are budget adjustments, three others are zoning amendments, and two are capital improvements. Article 1 remains open to receive the reports of any Town Board, Officer, or Committees at any time.

The list of Articles (Warrant) is HERE.
Articles 5 & 7 have been designated "Date Certain", so they will go first.
We expect to hear reports of the Special Permit Residential District Committee, and of the ad hoc Crematory Study Committee, as well.

Call to Order at 7:30 PM and we are in session.

Updating as we go.

—
A few housekeeping notes from Town Moderator (TMod)

ARTICLE 1: Reports of Town Boards, Officers, Committees

This Article remains open throughout STM. Reports may be presented at any session by Town Boards, Officers, or Committees.
MOTION is HERE

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ARTICLE 5: Amend Zoning Bylaw from CD-1 District to CSX District — 7 Hartwell Avenue (Owner Petition)
This Article requests an amendment to the Zoning Bylaw and Map in order to allow additional uses at the site.

MOTION is HERE
Kristine Hung with the presentation (HERE)

Bob Creech with Planning Board's Report HERE is received and placed on file

Planning Board (PB): UNANIMOUS APPROVAL

Select Bboard (SB): UNANIMOUS APPROVAL
Chamber of Commerce: SUPPORTS

Zoning changes require a TWO-THIRDS MAJORITY VOTE

Vote taken by ELECTRONIC DEVICE (EDev)
YES: 149
NO: 1
ABSTAIN: 2
MOTION CARRIES

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ARTICLE 7: Amend Zoning Bylaw and Map — 186 Bedford Street (Owner Petition)
To see if the Town will vote to amend Chapter 135, the Zoning Bylaw, of the Code of the Town of Lexington, and the Zoning Map of the Town of Lexington, by changing the zoning district designation of Lot 68 of Assessor's Map 64 located at 186 Bedford Street from the current RS Zoning District (Single Family Dwelling District) to a Planned Development District (mixed-use, commercial & residential) or to act in any other manner relative thereto.

The Applicant, 186 Bedford Street, LLC, proposes to renovate the main building and barn, to partially demolish the wing that was built in 1969, and to construct a 2.5-story addition with related site improvements.

This Article was referred back to the Planning Board at 2019 Annual Town Meeting. The pertinent documents about this project (since April), including PSDUP revision/s, related MOUs, agreements, have been posted to PB's page of the Town's website HERE.

MOTION is HERE
PB's Report is HERE
Article 7 MOU is HERE
Applicant's Presentation is HERE

SB: 5-0 in SUPPORT
PB: 5-0 in SUPPORT
Housing Partnership Board: in SUPPORT
Housing Assistance Board: in SUPPORT
Chamber of Commerce: in SUPPORT
Commission on Disability: in SUPPORT
Economic Development Advisory Committee: in SUPPORT

Questions and Comments:
NOmic TMM/P8: Remains opposed to this project. Not opposed to affordable housing or mixed-use.
YESmic TMM/P8: Good arguments on the other side, but there are trade-offs worth supporting this project that outweigh any downside.
TMM with Question: How many units would be counted as affordable?
Town Mgr James Malloy: 13
TMM/P8: We were told at the first meeting at Knights of Columbus that Mr. Grant understood the Selectmen had their support. Is it true that Selectmen can have that weight before hearing from resident?
Select Board chair Lucente: Short answer is no. Following discussion, support for the concept. We don't always "rubber stamp".
Citizen's mic: is a direct abutter to this project, is opposed to the negative impact.
Citizen mic: citing small size of lot, urges TMMs to oppose the project.
TMM: How does the rental rates work for the four affordable units?
Mr. Grant: Six paragraphs in the MOU, submitted as part of the site plan review, State Dept. of Housing
YESmic TMM/P9: particular site ideal for mixed-use developments
TMM/P3: What's going to happen to the current Ciampa property?
Mr. Grant: Dictated by CN zoning
Citizen mic: Massing is too large, buffer zone too small.
YESmic TMM/P4: Benefits outweigh its burdens.
TMM/P4: Guarantees that we'll get the pretty picture shown to us?
Town Counsel: All of the details in the PSDUP would be part of the Zoning.
Citizen mic: Chamber of Commerce supports and urges TM to support it
YESmic TMM/P9: A previous supporter spoke to "smart growth"
YESmic TMM/P6: have friends and family who live on Reed Street. There are commercial buildings there and there are residences there already. This is an appropriate use of this site.
TMM/P8: Will there be any parking be covered?
Doug Hartnett, Highpoint Engineering: None
Mr. Hornig, Planning Board: Abutters would be contacted, public input, for substantive changes
NOmic: calls the Question

Vote to Call the Question by Voice (VV): passes by VV

Zoning changes require TWO-THIRDS MAJORITY VOTE

Vote taken by EDev
YES: 132
NO: 24
ABSTAIN: 3
MOTION CARRIES

—
Glenn Parker, Appropriation Committee (AC) Chair, MOVES that the AC's Report be received and placed on file under Article 1.

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ARTICLE 3: Appropriate to and from Specified Stabilization Funds (budget adjustment)
Lexington's first Stabilization Funds (SFs) were established at the 2007 Annual Town Meeting.  (ATM/TM) TM may create a specified SF, alter a Fund's specified purpose, or make an appropriation from a Fund by a two-thirds majority vote. Appropriations into specified SFs are approved by a simple majority vote. This Article requests the appropriation of funds into three of the Town's specified SFs whose funding and purposes are summarized below by the AC in their report:

• Traffic Mitigation SF is funded by commitments from developers to mitigate the impacts of rezoning. It supports, in whole or in part, projects to improve the Town's transportation infrastructure, such as street intersections, traffic signals, etc.
• Transportation Demand Management SF is funded by commitments from developers. Initially created to support Lexpress, the Fund's purpose has since been broadened to support "the planning and operations of transportation services to serve the needs of town residents and businesses." It now funds the Lexpress bus service and the Town's contribution to the REV Shuttle.
• Capital SF holds funds that TM has set aside for future capital projects of the Town.

MOTION is HERE

SB: 5-0 APPROVE

AC: 8-0 in SUPPORT
CEC: 6-0 in SUPPORT

No Comments or Questions

Requires a MAJORITY VOTE

Vote taken by Electronic Devices (EDev)
YES: 150
NO: 0
ABSTAIN: 2
MOTION is APPROVED

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ARTICLE 8: Appropriate Funding for 25% Design of the Route 4/225 Bedford Street-Hartwell Avenue-Wood Street Transportation Improvement Project
To see if the Town will vote to appropriate $1.6M to develop 25% design for a major transportation improvement project to include:

• on- and off-ramps of I-95
• Bedford Street and Hartwell Avenue intersection
• minor improvements on Wood Street
• sidewalks or multi-modal path and bike lanes on both sides of the roadways
• safe pedestrian accommodations and crossings

This is the first step of a multi-million dollar project (~$49M) slated for completion with Massachusetts Department of Transportation (Mass DOT). The goal is to create a safe street for all users (pedestrians, cyclists, motorists). A future request for the Town to fund through 100% design (Plans, Specifications, and Estimates) would follow at a later Town Meeting. Funding request for 25% design now will enable the Town to stay on the state's Long Range Transportation Plan to eventually obtain external resources to fund construction costs to bring the project through completion.

MOTION is HERE

PB's Letter of Support to Select Board is HERE

Presentation is HERE

Town's FAQ is HERE

Area Map showing estimated project limits, HERE

Town Manager Jim Malloy with the presentation.

CEC: 5-1 RECOMMENDS APPROVAL

AC: 8-0 RECOMMENDS APPROVAL

PB: 5-0 RECOMMENDS APPROVAL

Comments & Questions
TMM/P6: How is Bedford involved?
TMgr: Invited Bedford TMgr to the beginning of this process
NOmic TMM/P6: Prop Dept Exclusion?
Select Board Member Pato: No plans as yet
TMgr: Prop 2.5 isn't supposed to be part of this MOTION.
SB Pato MOVES to STRIKE the Prop 2.5 language in the MOTION:

[From "...provided that no sums shall be borrowed or expended pursuant to this vote unless the town shall have voted to exclude the amounts needed to repay any borrowing pursuant to this vote from the limitations on the property tax levy imposed b y M.G.L. Chapter 59, section 21C (otherwise known as Proposition 2 ½.."]

TMod calls for a VV on the proposed amended language TO STRIKE in the MOTION: the ayes have it

TMM/P8: I look to the opinions of the finance boards. Disappointed to hear the CEC voted 5-1.
NOmic TMM/P6: Process. We should have the public process before voting on funding.
TMM/P8: Bus lanes?
TMgr: It's too premature, no studies as yet.
YESmic TMM/P2: Runs in parallel with Hartwell Avenue rezoning initiative: Police Station, High School getting into the pipeline soon...time is now.
Qmic TMM/P6: Used to seeing a scope of work associated with design funding. Will it have to follow the 25% scope of work?
TMgr: There is a section of Mass DOT's design guide, cannot do less than that, can do more.
Qmic TMM/P6: Clarify comments -- is there any risk in waiting til Spring or Fall?
TMgr: Looking at the Hartwell Avenue initiative, trying to do something about transpo in advance of rezoning.
YESmic TMM/P7: Have been working on this project for 35 years...if we don't act now, wel'' still be trying to do this 35 years from now...
Citizen mic: Chamber of Commerce is in Support
Qmic TMM/P2: Next phase of study?
TMgr: about 2024
YESmic TMM/P7
Qmic TMM/P6: What is in the plan that was objected to from the state?
Town Engineer John Livesy: Round-about design at the jug-handle would not process enough of the vehicles.

Voting on the AMENDED MOTION REQUIRES TWO-THIRDS MAJORITY:
YES: 139
NO: 13
ABSTAIN: 3
MOTION CARRIES, REVISED MOTION IS ADOPTED

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ARTICLE 6: Amend Zoning Bylaw to Restrict Automatic Teller Machine (ATM) as Principal Use in the Center Business District (CBD)
The intent of the Article is to prohibit stand-alone ATMs from being a primary use in the CBD. This requires an amendment to the Zoning Bylaw, Chapter 135, § 3.4, Table 1, Row H.1.07. It would close a loophole for ATM use only  i n store-fronts.

MOTION is HERE
PB Report is HERE
Jerry Michelson, Chair, Lexington Center Committee (LCC) and TMM/P5 with the presentation (which is on the website, but you can't just view, you'll have to download it.)

SB: UNANIMOUSLY SUPPORTS
Lexington Center Committee (LCC): URGES SUPPORT
PB: 4-1 in SUPPORT

Qmic TMM/P6: Why have a stand alone ATM?
Hornig: Town sees ATM as "accessory use", not principal use

TMM/P4: Say CVS wanted an ATM in their store. Accessory use?
LCC: Yes
Citizen mic: Chamber of Commerce: we join the LCC in wanting to see this addressed

Zoning changes require TWO-THIRDS MAJORITY VOTE

Vote taken by EDev
YES: 145
NO: 2
ABSTAIN: 2
MOTION CARRIES

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ARTICLE 9: LED Streetlight Conversion
To see if the Town will vote to appropriate $875,858 for the purposes of acquiring and installing light emitting diode (LED) streetlights to replace existing streetlights in the Town, and for other costs incidental or related thereto. This Article is to fund replacement of 3,000+ streetlights in Town from induction lights to the more energy efficient LEDs (excluding Battle Green and Center areas, which will be improved once Center Streetscape project and Battle Green improvements are implemented.) The town is eligible for a state grant to pay a portion of this conversion cost (approximately 30%).

MOTION is HERE
Jim Malloy Town Manager recognized with the presentation, which is HERE

SB: 5-0 SUPPORTS

CEC: 6-0 RECOMMENDS APPROVAL

AC: 8-0 RECOMMENDS APPROVAL

PB: 5-0 RECOMMENDS APPROVAL

Comments & Questions
TMM/P3: Will all street lights be converted?
TMgr: Yes. All streetlights converted to LEDs
TMM/P2: Will they be bright enough to see by?
TMgr: 3,000 kelvin is what's recommended
TMM/P5: Do we know the life expectency of these lights?
TMgr: 20 years, 25,000 hours
TMM/P8: Replacing by end of May to get rebate?
TMgr: Yes
YESmic: TMM/P6 Calls the Question

VV to call the Q: the Ayes have it

Requires SIMPLE MAJORITY VOTE
Vote taken by EDev
YES: 131
NO: 0
ABSTAIN: 2
MOTION CARRIES

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ARTICLE 2: Appropriate for Prior Year's Unpaid Bills (budget adjustment)
This is an annual article to request funds to pay bills after the close of the fiscal year. The FY19 Budget was closed out in July with only minimal adjustments.

MOTION is that this Article be Indefinitely Postponed (IP).
Select Board Member MOVES for IP

Select Board (SB): UNANIMOUS APPROVE
AC: SUPPORTS
Question from Town Meeting Member/Precinct 6 (TMM/P6):

Requires a SIMPLE MAJORITY VOTE

Voice Vote taken (VV): the ayes have it
MOTION is APPROVED

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ARTICLE 4: Amend FY2020 Operating, Enterprise, Revolving, and CPA Budgets (budget adjustment)
This is an annual Article to permit adjustments to the current budget (approved at 2019 ATM)

MOTION is HERE
Charles Lamb MOVES to appropriate the changes.
SB: UNANIMOUS APPROVAL
AC: UNANIMOUS APPROVAL

No Questions & Comments

Requires a MAJORITY VOTE to pass

Vote taken by Electronic Devices (EDev)
YES: 128
NO: 0
ABSTAIN: 3
MOTION CARRIES

—
Under Article 1: Report of Special Permit Residential District Committee is received and placed on file.

Under Article 1: Report of the ad hoc Crematory Study Committee is received and placed on file.

SB Chair LUCENTE MOVES to DISSOLVE STM 2019
MOTION to DISSOLVE STM 2019 is APPROVED by VV of TMMs

10:30 PM

TMMA Information Session | Special Town Meeting

Town Meeting Members Association (TMMA) hosted an information session last night, Tuesday, November 5, 7:30 PM at Jonas Clarke Middle School Auditorium.

Lexington Selectmen have called a Special Town Meeting (STM) Tuesday, November 12, 7:30 PM in Margery Milne Battin Hall of the Isaac Harris Cary Memorial Building. The Meeting may carry over to Wednesday, November 13.

Town Warrant is HERE
TMMA's Warrant Information Report is HERE
Links to Articles, Reports, and Presentations will be added, once they are made available, HERE

At the Info Session, Town Meeting Members (TMMs) heard about four of the STM Articles: Articles 5, 6, 7, & 8

Notes, in order presented:

ARTICLE 7 is a proposed mixed-use development (commercial and residential) at 186 Bedford Street.

At last spring's Annual Town Meeting (Article 38), TM voted to refer this project back to the Planning Board (PB). 

PB's Report for this STM is HERE. 

PB concluded, "after careful review of the impacts expected from the project" they believe the benefits to the Town will "substantially outweigh any negative impacts, particularly in light of incorporated mitigations" and APPROVES passage of this Article by a vote of 5-0.

MOU is HERE. 

Proponent's presentation, HERE. 

Documents pertaining to this project from PB page of Town's website, HERE

The Article is on the Warrant to see if the Town will vote to amend the Zoning Map and Bylaw of the Town, based on the information provided in the applicant's (revised) Preliminary Site Development and Use Plan (PSDUP). 

The proposed Article would rezone the property from the present RS One Family Dwelling District to a PD Planned Development District, which would allow for renovation and addition to the existing buildings on the named parcel. 

Ed Grant, attorney (and TMM/P6), Doug Hartnett, Project Engineer from Highpoint Engineering, Inc., and Tony Ciampa, applicant, in attendance. 

Mr. Grant and Mr. Hartnett spoke briefly to the Article, offered to take questions. 

Mr. Grant stated "not much has changed since last spring's plan", noting addition of a full basement, creation of a landscape transition zone, and relocation of dumpster away from residential property.

Mr. Grant noted that many of the public benefits remain the same as proposed last April at ATM.

Questions from TMMA (in the Warrant Information Book, page 16), may have been responded to elsewhere.

No additional questions were asked.

⸻
ARTICLE 5 is an owner petition to Amend Zoning Bylaw from CD-1 to CSX District-7 on Hartwell Avenue.
PB's Report is HERE, concluding they APPROVE the Bylaw and Map amendments by a vote of 5-0 and recommends Town Meeting approval by 5-0 vote.
Presentation is HERE.

Kristine Hung, attorney with Reimer and Braunstein for her client, Russian School of Mathematics (RSM), the applicant, gave the presentation.
Ms. Hung cited March 2018 when TM approved CSX Zoning District, stating that this would give her client the most flexibility to "determine their destiny".
She said she had received 500 signatures from Lexington residents who use RSM and support this change.

To questions from TMMA (Warrant Information Report, pages 10-11), Ms. Hung responded:
1. How many other parcels in Town have been rezoned due to a request by an article sponsor and what is to limit other businesses or homeowners from requesting similar rezoning? 
Property owners can file to rezone, which requires a 2/3 vote of TM.
2. What zoning is currently used by other tutoring organizations in Lexington?
Kumon, Math Club, Math and More, and Singapore Math fall under CD and CSO zoning.
3. What proposed uses in a CSX zone also require Planning Board site plan review (e.g., traffic analysis, building height and setbacks, landscaping)?
4. What proposed uses in a CSX one do not require a site plan review?
Ms. Hung answered questions 3 & 4 together: Site plan review and site plan approval are required when adding more than 500s.f.
5. How would changing this zone to CSX fit in with the larger Hartwell Avenue planning?
Ms. Hung stated that the CSX would be complimentary of Hartwell Avenue initiatives.
Additional questions:
Question from a TMM: What is the relative capacity?
It is comparable.
TMM/P6: Asks to go back to the Use Table (page 10 of presentation). Why not asking for an amendment to the CD-1?
Client wants most flexibility, sees CSX as providing that best

⸻
ARTICLE 8 seeks to appropriate funding for 25% design of the Route 4/225 Bedford Street-Hartwell Avenue-Wood Street improvement project.
Area Map is HERE
Town's FAQ/Information Sheet is HERE
Planning Board (PB) supports APPROVAL of this project 5-0, as stated in their letter to Selectmen.

First step in a multi-million dollar project (~$49 million), slated for completion with Massachusetts Department of Transportation (Mass DOT) in 2030-2034 time band.
If possible, the Town would like to see this moved to the 2025-29 time band.
Regardless of time band, 25% design process is critical to moving forward, since Bedford Street is a state road and any proposed improvements will be subject to Mass DOT standards design review process.
Goal of this project is to create a street that is safe for all users (pedestrians, cyclists, motorists) while improving traffic flow, including reconstruction of major intersections of Bedford Street and Hartwell Avenue, on- and off-ramps to I-95, and minor improvements on Wood Street.

Jim Malloy, Lexington Town Manager, with the presentation and answers to questions, along with John Livesy, Town Engineer, who also addressed questions (two others also present, but I didn't catch their names, if they were introduced, and they did not address questions).
Cost for 25% design is $1.5 million.

See TMMA Question/Answer, page 20 of TMMA Warrant Information Report
Additional TMM Questions:
TMM/P8: What is the scope?
Bedford Street, Hartwell Avenue, Wood Street
TMM/P6: What is the cost to simply start the public engagement process, to appropriate at STM, then come to ATM?
Cost would be $1.6m or $1.7m, if appropriated separately, which Mass DOT may not likely approve. Cost for public engagement process would be at least $100K; the $1.5m cost includes public engagement process.
TMM/P8: Does Mass DOT have criteria?
John Livesy: Yes, significant. Improved safety, complete streets
TMM/P8: Has traffic spillover been considered?
Malloy: The use analysis is forthcoming, likely to impact Eldred Street
TMM/P5: Is there any info on bridges in Lexington to be done?
Malloy: No info as yet

⸻

Edit: Jerry Michelson has let me know that NO definition of ATM will be included in the Bylaw. Also, that the presentation slides, which did not project at the info session, will be posted to the Town's website, STM page, Thursday. It will include the full "Use Table", for those who would like to see it.

ARTICLE 6 would Amend Zoning Bylaw to Restrict Automatic Teller Machine (ATM) as Principal Use in the Center Business District (CBD)

The intent of the Article is to prohibit stand-alone ATMs from being a primary use in the CBD.

Amend Zoning Bylaw, Chapter 135, § 3.4, Table 1, Row H.1.07, to restrict ATMs in CBD (note there is no direct link to the Table via Lexington Bylaw website, but it is printed in the TMMA Warrant Information Book, bottom of page 12).

Amend Zoning Bylaw, Chapter 135, § 10.1, to add a definition for "automatic teller machine".

Jerry Michelson, Chair Lexington Center Committee and TMM/P5

Currently 12 ATMs in the CBD, which are in banks.

This Article would close a loophole for ATM use only in store-fronts.

See TMMA Questions/Answers in TMMA Warrant Information Book, pages 13-14.

Additional questions:

TMM/P8: Is there a negative impact from stand alone ATMs?

Banks and credit unions have ATMs. This closes the loop, provides clarification of ATM uses.

Info session concluded at ~ 8:40 PM

Sixth Session | 2019 Town Meeting

We're in Battin Hall, Cary Memorial Building
Call to Order comes right at 7:30 PM

A few announcements from Town Moderator (TMod)

Article 2: Report of the Planning Board
MOTION to receive the report and place on file PASSES on a VOICE VOTE (VV)
Ginna Johnson, Town Meeting Member in Precinct5 (TMM/P5) and Planning Board Member with an update on the Comprehensive Plan

Article 38: Amend Zoning Bylaw and Zoning Map, 186 Bedford Street (Owner Petition)
REVISED MOTION that this project be referred back to the Planning Board
MOU is HERE
Handout is HERE
Presentation is HERE
Planning Board's Report on Article 38 is HERE, placed on file by VV
RECOMMENDATIONS:
Planning Board (PB): Supports referral back to PB
Select Board (SB): Unanimous support to refer back
Capital Expenditures Committee (CEC):
Appropriation Committee (AC):
Question Mic (Qmic) TMM/:P7 Please highlight the areas to be further refined
PB: Our report outlines what we are happy with and what we think is needed.
YESmic: TMM/P4 Cites 'Overlay Districts' under MGL Ch.40R; hopes Town will adopt before taking this up again, perhaps in the Fall
YESmic: TMM/P8
No further questions
VOTE on the REVISED MOTION is a simple majority:
YES: 160
NO: 2
ABSTAIN: 2
MOTION as REVISED CARRIES

Reconsideration of Article 28 (due to a technical correction): Confirm Street Acceptance and Title (Portion of Pelham Road)
James Malloy, Town Manager this correction address a concern raised by Town Counsel
VOTE to RECONSIDER Article 28 PASSES on a VV
SB Chair MOVES to remove 9 words in the original MOTION (removes 'on file in the office of the Town Clerk'
VOTE on Reconsidered Article 28 requires simple majority and PASSES on a VV

Debate continues on remaining parts of Article 16 (g,h,i,m,n,o,p): Appropriate for Municipal Capital Projects and Equipment
MOTION (all parts), HERE
Article 16g (removed from Consent Agenda): Sidewalk Improvements
RECOMMENDATIONS:
SB: Unanimously supports
Appropriation Committee (AC): Unanimously supports
Capital Expenditures Committee (CEC): Unanimously supports
Question mic (Qmic): What color will the ramps be?
Town of Lexington (ToL): Concrete with the brick red panel
No further Qs requires 2/3 majority:
YES: 159
NO: 0
ABSTAIN: 2
MOTION CARRIES

Article 16h: Hill Street New Sidewalk Project; presentation is HERE
RECOMMENDATIONS:

SB: support

CEC: support

AC: support

Qmic: TMM/P8: What's the timeframe for completion?

ToL: On the golf course side by next construction season

YESmic: TMM/P8

Citizen's mic (Cmic): Resident urges support

Qmic: TMM/P8 What's the process for determine sidewalk?

ToL: The process begins with a submittal to the transpo safety group; is it buildable? From there, a survey to determine if Town owns land to put in a sidewalk

Qmic: TMM/P8: Seems we have a queue. We have a process. What prevents from building more sidewalk?

ToL: Financial aspect to do more than one in a year; also bandwidth for the Town and for the Public

YESmic: TMM/P5 

Qmic: TMM/P4 Cost is about $400/foot of asphalt, why so high?

ToL: With a 5-foot width; some unique and challenging aspects on Hill Street -- steep slopes that require retaining walls, sloping issues

No further Qs (2/3 majority):

YES: 164

NO: 0

ABSTAIN: 1

MOTION CARRIES

Article 16i: Equipment Replacement (DPW); presentation is HERE

RECOMMENDATIONS:
SB: support
AC: support
CEC: support
VOTE requires 2/3 majority:

YES: 164
NO: 0
ABSTAIN: 1
MOTION CARRIES

Proposal to take three Articles together:
Article 16m: Municipal Technology Improvement Program
Article 16n: Application Implementation

Article 16o: Network Core Equipment Replacement
All three have support of SB and the financial committees (AC, CEC)
No Qs

VOTE requires simple majority for Article 16m,n,o:
YES: 165
NO: 0
ABSTAIN: 1
MOTION CARRIES

Article 16p: Electric Vehicle (EV) Charging Stations; presentation is HERE
SB and Finance Committees support
Qmic: TMM/P8 People charged or free service?
SB Member Hai: Users will pay for the cost of electricity as well as parking fee
YESmic: TMM/P2
Qmic: TMM/P3 What is the power that is going to be charging?
ToL: 240KW
Qmic: TMM/P3 Do you have plans to upgrade through Eversource? That's very slow charging rate
ToL: Current electrical output supports a Level 2 charger; depends where Eversource goes with this
Qmic: TMM/P3 Can they charge more rapidly with a higher charger?
SB Member Sandeen: Eversource's program is to charge Level 2 charges; Level 3 chargers are in special areas, like on the MassPike; can't be supported in Town Center
Qmic: TMM/P3 How will the metering be charged?
ToL: Charging stations have a charge point card or app and the Town can adjust the rates and get the appropriate amount of money over time
YESmic: TMM/P8
CALLS THE QUESTION
PASSES
VOTING is a simple majority:
YES: 164
NO: 2
ABSTAIN: 2
MOTION CARRIES

Article 20e: Appropriate for Lexington High School Field House Track Resurfacing

MOTION is HERE

Presentation is HERE
RECOMMENDATIONS:
SB: Unanimously supports
AC: Unanimously supports all items
CEC: Unanimously supports remaining parts
School Committee (SC): Unanimously supports
Qmic: TMM/P6 Q about safety
ToL: Tour of facility; researched time is now
Qmic: TMM/P6 is also an Assistant Coach for LHS Track. Is this just the track or Basketball?
ToL: Just the Track
VOTE on Article 20e requires simple majority
YES: 164
NO: 0
ABSTAIN: 1
MOTION CARRIES

Article 20h: Appropriate Design Funds for a Feasibility Study to Improve the Cary Library Children's Room

Presentation for Article 20h, HERE
RECOMMENDATIONS:
SB, AC, CEC are all in Unanimous Support
Qmic: TMM/P3 Support columns cost?
ToL: Don't want to comment on that yet until we understand the program
Qmic: TMM/P6 Estmated cost of $2.2M. What are likely outcomes based on what we know?
Koren Stembridge, Cary Library Director: Teen spaces was about $1.1M that didn't require structural changes. We'd like to scoop out the U-shape into more of a Square with improved sightlines. One of the busiest spaces. Want to have better flexibility and safety. Haven't invested since built/renovated in 2005
CEC: Call attention to the footnote to a capital campaign
Qmic: TMM/P6 Inadequate space. Where will that space come from?
Stembridge: We need to reallocate the space so that it is flexible (within the footprint)
YESmic: TMM/P8
YESmic: TMM/P2
Qmic: TMM/P8 Will the Memorial plaque remain in the Children's Room following rennovation?
Stembridge; Yes
No further Qs
VOTE on Article 20h requires simple majority
YES: 161
NO: 1
ABSTAIN: 3
MOTION CARRIES

Reconsideration of Article 39: Amend Zoning Bylaw—Limited Site Plan Review (Citizen Article)
MOTION to reconsider requires 2/3 VOTE because notice wasn't offered within 30 minutes of the initial vote
RECOMMENDATIONS ON REOPENING THE ARTICLE:
SC: Unanimously supports
PB: 4-1 OPPOSES REOPENING
SB: 5-0 SUPPORTS REOPENING
CEC: 5-1 IN SUPPORT OF RECONSIDERATION
Qmic: Does the MM school fall under the purview of Town Land
ToL: it does not
YESmic: TMM/P4
Qmic: TMM/P8 Proponent did not realize the impact on LPS?
Proponent: Had not considered LPS would be impacted by the Article
YESmic: TMM/P6
Cmic: Thinks there's no harm in keeping the Article in place
YESmic: CALLS THE Q
DEBATE IS CLOSED ON A VOICE VOTE
VOTE to RECONSIDER REQUIRES 2/3 MAJORITY:
YES: 137
NO: 19
ABSTAIN: 5
MOTION TO RECONSIDER PASSES
MOTION to AMEND Article 39:
Qmic:
YESmic:
NOmic:
VOTE on (RECONSIDERED) ARTICLE 39:
AMENDED MOTION adds language: [A New Part:] 6. Notwithstanding any other provision of this chapter the use of land or structures for educational purposed by the Lexington Public Schools on land owned or leased by the Town of Lexington or the Lexington Public Schools shall not be subject to site plan review pursuant to §9.5
PB: 4-1 OPPOSES AMENDMENT
SB: 4-1 SUPPORTS
CEC: 4-2 in SUPPORT
Qmic: TMM/P3 Does the PB have the bandwidth to undertake this?
PB: Yes
YESmic: TMM/P8
Qmic: TMM/P1 asks about GC districts, building heights
TMM CALLS THE QUESTION
THE AYES HAVE IT BY VV
Final comments
VOTE on Article 39 AMENDMENT requires simple majority
YES: 120
NO: 34
ABSTAIN: 6
MOTION CARRIES

VOTE on AMENDED Article 39 to change the Zoning Bylaw requires 2/3 majority
YES: 139
NO: 12
ABSTAIN: 8
MOTION CARRIES

Article 27: Appropriate for Authorized Capital Improvements
MOTION is HERE
Presentation is HERE
RECOMMENDATIONS:
SB: 5-0 support
CEC: 4-2 in support
AC: 6-2 in support
Tourism Committee: Unanimously in support
SB Member Lucente is RECUSING
MOTION to AMEND will be for an A Part and a B Part:
Insert "a)" before the current language of the MAIN MOTION under the article and furthermore Insert "b)" That the town make a supplemental appropriation of $117,100, and authorize an increase by said amount in the appropriation made under Article 10 of the 2018 annual Town meeting, for the Center Track and Field Reconstruction, so that the total appropriation authorized by Town Meeting for these purposes by $3,457,100, and to meet this supplemental appropriation that $58,550 be appropriated from the Recreation Enterprise Fund
SB: Opposed
CEC: Opposed
AC: Opposed
SC: Opposed
Cmic has a long line of students there to speak in support
YESmic: TMM/P1
NOmic: TMM/P7
Qmic: TMM/P9 Are there grass sites for track throwing events?
ToL: Yes, on natural grass at center complex
Cmic: Resident opposes amendment
NOmic: TMM/P5
Qmic: TMM/P1 Health risks on synthetic turf?
ToL: Peer reviewed scientific studies show no negative effects
Qmic: Lincoln ever tested for toxic materials?
ToL: Yes, all tests came back that materials are safe
Qmic: TMM/P1 How is synthetic turf recycled?
ToL: Not returned to landfills, recycled into other products
Cmic: Resident is a Student at LHS and is a hammer thrower on the Track Team. Needs a Hybrid field to play on. Same for Javelins. Synthetic turf is much hotter.
TIME IS EXPIRED
Final comments
MOTION to EXTEND DEBATE FAILS by a VV
VOTE on ARTICLE 27 to AMEND to add the "A" part and also the "B" parts to the MOTION requires simple majority:
YES: 38
NO: 104
ABSTAIN: 6
MOTION to AMEND FAILS
Back to the original MOTION
There were Qs
No further Qs
FINAL VOTE on ARTICLE 27 requires 2/3 majority:
YES: 129
NO: 13
ABSTAIN: 4
MOTION CARRIES

No further business from previous nights
MOTION to DISSOLVE 2019 TOWN MEETING PASSES by a VOICE VOTE
2019 Town Meeting is DISSOLVED
TIME OF DISSOLUTION: 10:40 PM

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Image credit: Town Meeting Members use an electronic voting device to record their votes on most Articles; other votes are taken by Voice Vote. View the record of their 2019 Town Meeting votes to date HERE ~ mas

Beginning Week 3 | Town Meeting

Welcome to the third week of Town Meeting (TM). Town Moderator (TMod) envisions completion of the Warrant by Wednesday night. Of course, that is (somewhat) up to Town Meeting Members (TMMs) so we've been asked to hold Monday, April 22 in the event it's needed, following April public school vacation week.

Voting record of TMMs to date (March 25 & 27; April 1 & 3) is HERE

We start a little earlier tonight, at 7:15, in order to take time to 1) acknowledge awardee/s for the  Diversity, Equity, and Inclusion Award (a title that is different than in the past and I'm curious to understand differences) and 2) TMMs who have been in TM for 30-years.

Call to Order comes at 7:15 PM by Town Moderator Deborah Brown (TMod)
Welcome to guests.
Recess called for presentation of the Awards

LPS Superintendent Dr Julie Hackett presents Diversity, Equity and Inclusion Awards to 5 students and their teacher. Students directed Petitions signed and delivered to superintendent and other administrators to: Hire more staff and administrators of color; Look at curriculum dealing with electives in African American Literature and others.
(This award has always gone to an LPS educator or staff person; this is the first time students have been acknowledged, I believe!)

Presentation of 30-year Awards by Town Meeting Member Association to three TMMs: Robert Cohen (P4), Jeanne Krieger (P3), Alan Levine (P8). Jeanne Canale acknowledged with thanks for serving as TMMA Chair.

Back in session 7:29 PM
Attendance and announcements 

Article 2: Report of the Community Preservation Committee (CPC)
Received and placed on file by VOICE VOTE (VV)
Marilyn Fenollosa, TMM/P5 and Chair CPC

Meeting is now open on Article 14—Appropriate the FY2020 Community Preservation Committee Operating Budget and CPA Projects (parts c,l,m already acted upon within the Consent Agenda)

MOTION, HERE
Presentation, HERE
VOTING on ITEMS 1,2,3,4 requires a simple majority:
YES: 157
NO: 0
ABSTAIN: 2
MOTION CARRIES

Article 14a -- Conservation Land Acquisition (designated on map 32 as lots 114 and 135)
Presentation on 14a, HERE
RECOMMENDATIONS:
Select Board (SB): Unanimously in support of all parts of this Article
Capital Expenditures Committee (CEC): Except for 14k, Unanimously in support of all other parts
Appropriation Committee (AC): Unanimously in support; on Article 14e:7-2 in support
Qmic: TMM/P4 The parcels -- Why spending money on something that can't be built upon?
Town of Lexington (ToL): It is the only way to get the other parcel
Qmic: TMM/P6: Question on wording of Article
Town Counsel: The choice of the CPC
SB is adding language to the MOTION, at the end: and further authorize the Board of Selectmen to take such land by purchase or eminent domain
No further questions or comments
VOTING on 14a requires 2/3 majority:
YES: 163
NO: 2
ABSTAIN: 1
MOTION CARRIES

14b: Willard's Woods Site Improvements
Presentation on 14b, HERE
ADDITIONAL RECOMMENDATIONS:
Commission on Disability: Supports 14b
No Qs
VOTING on 14b requires simple majority:
YES: 163
NO: 1
ABSTAIN: 2
MOTION CARRIES

14d: Phase 3 of the Battle Green Master Plan
No further recommendations
Qmic: Railings for stairs to the Old belfry?
ToL: Looking at rails
No further Qs
VOTING on 14d requires simple majority:
YES: 163
NO: 1
ABSTAIN: 1
MOTION CARRIES

14e: 9 Oakland Street—Renovation and Adaptive ReUse
Presentation on 14e, HERE
No Further RECOMMENDATIONS
NOmic: TMM/P6
Qmic: TMM/P8 Criteria from SB or CPC?
Ms. Fenollosa: We only consider those who request funding; we don't go looking for projects. Support is twofold: preserves early manufacturing from history also benefits those with brain injuries
Qmic: TMM/P7 Who owns?
ToL: Non-profit org
No further Qs
VOTING on 14e requires simple majority:
YES: 147
NO: 12
ABSTAIN: 7 
MOTION CARRIES

14f: Motion that this item be Indefinitely Postponed (IP'd)
MOTION CARRIES by VV

Taking up 14 g, h, i
Presentations are HERE
14g: Old Reservoir Bathhouse Renovation
Qmic: TMM/P8 How making decision to open to public?
ToL: We're discussing; do not anticipate any problems for all members of public to access
Qmic: TMM/P3 When is work to be done?
ToL: Completed summer 2020
Qmic: TMM/P3 So, bathhouse will be available in summer of 2020?
ToL: Bathhouse would be closed summer of 2020
Qmic: TMM/P4 7,000 people use each summer?
ToL: correct
Qmic: TMM/P4 Town Pool complex?
ToL: 65,000-70,000 each season at Town Pool Complex
Qmic: will oppose
Qmic: TMM/P1 How many parking spaces at the Old Rez?
ToL: Currently 3 parking near facility; many more at Bridge School
Qmic: Contemplate more parking spaces for young children and ADA compliance?
ToL: We're currently working on that
Qmic: TMM/P1 is conflicted on this one
YESmic: TMM/P9
Qmic: TMM/P2 Quality of water?
ToL: Old Rez water is tested weekly
YESmic: TMM/P1
YESmic: TMM/P9
Qmic: TMM/P1 Still supporting Summer programs (Teddy Bear Picnic)?
ToL: Program will be at Center Complex; possibly back at Old Rez in 2021
YESmic: TMM/P8
No further Qs
VOTING on 14g requires simple majority:
YES: 153
NO: 10
ABSTAIN: 5
MOTION CARRIES

14h: Park Improvements—Hard Court Resurfacing
Presentation, HERE
VOTING on 14h simple majority:
YES: 170
NO: 0
ABSTAIN: 1
MOTION CARRIES

14i: Park Improvements—Athletic Fields (Diamond Middle School)
presentation HERE
Qmic: TMM/P6 Plan to install natural turf?
ToL: Yes
Qmic: TMM/P9 Exposed manhole cover addressed?
ToL: Yes -- will look at it during the renovation
YESmic: School Committee is in Unanimous support
Qmic: Funds only for Diamond Middle School?
Ms. Fenollosa: Haven't typically listed specific park
Qmic: amend MOTION to indicate: at Diamond Middle School
No further Qs
VOTING ON 14i requires simple majority
YES: 169
NO: 0
ABSTAIN: 2
MOTION CARRIES

14j: Playground Replacement Program—Bridge Elementary School
Presentation, HERE
YESmic: School Committee Unsnimously supports 14j
Qmic: TMM/P1Who installs?
ToL: State Bid Contracts
Qmic: Is there a third party to help install? Removal of parts?
ToL: Removal is part of installation;
No further Qs
VOTING on 14j requires simple majority:
YES: 167
NO: 0
ABSTAIN: 2
MOTION CARRIES

14k: LexHAB Preservation, Rehabilitation, and Restoration of Affordable Housing
(Pat Goddard is back as Executuve Director of LexHAB)
CEC: 5-1 approval
Qmic: TMM/P3 Wants to know status on Busa Farm Affordable Housing
ToL: LexHAB has had to enter into the public bidding process; we're now looking at modular buildings to stay within the funding approved by TM
Qmic: TMM/P3 Wants updates to TM when there are issues
YESmic: TMM/P8
Qmic: TMM/P7 What projects does LexHAB prioritize?
ToL: we think finish Busa
Qmic: When will you finish Vine Street?
ToL: nothing on paper, yet
No further Qs
VOTING on 14k requires simple majority:
YES: 163
NO: 4
ABSTAIN: 2
MOTION CARRIES

Article 2: Report of the ad hoc Crematory Study Committee

Report is received and placed on file by VV

MOTION to take up Article 20g CARRIES by VV
Article 20g: Appropriate for Westview Cemetery Facility Construction

Presentation for Article 20g, is HERE
RECOMMENDATIONS:
SB: 4-1 in support
CEC: Unanimous support
AC: Unanimous support
Qmic: TMM/P5 What is correct appropriation?
ToL: Gone through a series of estimates: $2.6M with contingency $2,8M
Qmic: TMM/P5 How many non-groundskeepers, etc, work there?
Apologies for not capturing all that the speaker said. I did hear 4 FTE + 2 seasonal
Qmic: How many burials each year?
ToL: About 200/yr
Many TMMs lined up at Qmic; 2 TMMs at NOmic
YESmic: Permanent Building Committee
NOmic: TMM/P4
Qmic: TMM/P2 Please clarify increased costs?
ToL: Self funding covers about 97% of costs; debt financing covers bonding over 20 years
NOmic: TMM/P8
Qmic: TMM/P7 How many can fit in the hall (sitting and standing)?
ToL: about 20-25 people
YESmic: TMM/P7
Qmic: TMM/P1 What does the term "by addition ready" mean?
ToL: Original design, cemetery building; added bathrooms, meeting space; Committal; Grieving families
Qmic: TMMP1 So, "by addition ready" means walls, windows, reconstruction, correct?
ToL: Yes
Qmic: TMMP1 Do we know the space necessary for a crematory and is that space sufficient?
ToL: We have a pretty good sense
Qmic: TMMP1 Fully accessible?
ToL: Yes
NOmic: TMM/P8
YESmic: TMM/P3
Qmic: TMM/P2 Have we considered constructing a Columbarium?
ToL: We haven't looked at specifics; understanding is that a Columbarium is a separate structure
NOmic: TMM/P6
YESmic: TMM/P6
Qmic: TMM/P6 Minority of SB?
SB Member Joe Pato: Fundamentally, feel we are designing the wrong building; regional demand. Is it the right location for increased demand? We will know better with the recommendation of the Study Committee a little later in the year
Qmic: TMM/P6 Solar panels on this building?
ToL: Designed to be "solar ready". TBD once appropriation is received
TMM/P7 Calls the Question
Debate on Calling Q PASSES by VV
No further Qs or people standing at mics
VOTE on Article 20g requires 2/3 majority::
YES: 75
NO: 81
ABSTAIN: 7
MOTION FAILS

Article 6: Appropriate for Cremation Facility at Westview Cemetery
REVISED MOTION that this item be Indefinitely Postponed (IP'd)
Presentation, HERE
RECOMMENDATIONS:
SB: Supports IP
CEC: Unanimously supports IP
AC: Supports IP
VOTE to IP Article 6 by VV
MOTION CARRIES

No further action to be taken tonight
MOTION to ADJOURN PASSES by VV
Adjourned until 7:30 PM Wednesday, April 10
10:27 PM

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Image credit: Warrant and various reports produced annually by Town of Lexington Boards, Officials, and Committees ~ mas

Remaining Items for Town Meeting

Will this be the final week of Town Meeting? We shall see! We convene at 7:15 PM Monday, April 8 in Battin Hall of Cary Memorial Building (1605 Massachusetts Avenue). Here's what remains (not necessarily in this order; N.B. DATE CERTAIN items):

• Diversity, Equity and Inclusion Award Ceremony

• Town Meeting Member Association (TMMA) Presentation of 30-year Awards

• Article 2: Report of the Community Preservation Committee

• DATE CERTAIN Monday, April 8: Article 14—Appropriate the FY2020 Community Preservation Committee Operating Budget and CPA Projects

• DATE CERTAIN Monday, April 8: Article 2—Report of the ad hoc Crematory Study Committee

• DATE CERTAIN Monday, April 8: Article 20g—Appropriate for Westview Cemetery Facility Construction

• DATE CERTAIN Monday, April 8: Article 6—Appropriate for Cremation Facility at Westview Cemetery

• Remaining parts of Article 16: Appropriate for Municipal Capital Projects and Equipment
• Article 16g (removed from Consent Agenda): Sidewalk Improvements
• Article 16h: Hill Street New Sidewalk Project
• Article 16i: Equipment Replacement (DPW)
• Article 16m: Municipal Technology Improvement Program
• Article 16n: Application Implementation
• Article 16o: Network Core Equipment Replacement
• Article 16p: Electric Vehicle (EV) Charging Stations

• Article 20h: Appropriate Design Funds for a Feasibility Study to Improve the Cary Library Children's Room

• Reconsideration of Article 28 (technical correction): Confirm Street Acceptance and Title (Portion of Pelham Road)

• Article 21 (removed from Consent Agenda): Rescind Prior Borrowing Authorizations

• Article 2: Report of the Planning Board

• DATE CERTAIN Wednesday, April 10: Article 38—Amend Zoning Bylaw and Zoning Map, 186 Bedford Street (Owner Petition)

• Reconsideration of Article 39: Amend Zoning Bylaw—Limited Site Plan Review (Citizen Article)

• Article 27: Appropriate for Authorized Capital Improvements

• Any Unfinished Business from previous nights

• Dissolution of 2019 Town Meeting

No meetings during the week Patriots' Day/school vacation week (April 15-19); Monday, April 22, as needed.

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Image credit: Slide from Superintendent Dr. Julie Hackett's FY20 Budget presentation ~ mas

Closing the Second Week | Town Meeting

7:32 PM Call to Order

Town Meeting Member Memorial—Carolyn Tiffany, affectionately known as Kay. Kay was a long-time TMM in Precinct 8 for more than 30 years. A retired Guidance Counselor, more than 20 years in Winchester. Organizer. Activist. Prescient on Climate Change. She died earlier this year. A moment of silence for Kay.

The Meeting is now open on Article 4: Reduce Community Preservation Act Surcharge Rate from 3% to 1% Pursuant to MGL Chapter 44B, §16 (Citizen Article)

MOTION that this item be Indefinitely Postponed (IP'd)
Bridger McGaw, maker of the Article, with a presentation, HERE
Select Board (SB): Unanimously supports IP

Capital Expenditures Committee (CEC)
Appropriation Committee: Does not take a position on items for IP
Community Preservation Committee (CEC): Unanimously supports IP
Planning Board (PB): Unanimously supports IP
TMM/P1: NOmic Will support IP; hopes this is the last we will see of this [trying to reduce the CPC rate]
There are no further questions or comments
VOICE VOTE (VV)
Unanimously PASSES

Town Moderator to Deputy Moderator, Barry Orenstein (TMod to DMod)

The Meeting is now open on Article 15: Appropriate for Recreation Capital Projects

MOTION is HERE
Lisah Rhodes, TMM/P4, and Chair of Recreation Committee with the presentation, HERE
Recreation Committee: Unanimously supports
School Committee (SC): Unaimously supports
AC: Unanimously supports
CEC: Unanimously supports the relevant parts

Q TMM/P2: Fees at Pine Meadows Golf Course?

Town of Lexington (ToL): Yes.

Given that there are user fees, why aren't they used?

ToL: They are, 100%

There are no further comments or questions
VOTE on Article 15: 

YES: 157

NO: 1

ABSTAIN: 5

MOTION CARRIES

DMod back to TMod

SB requests TMod take up Article 27 on Wednesday, April 10
TMod indicates that's what we will do

Article 16: Appropriate for Municipal Capital Projects and Equipment
Revised MOTION is HERE
Parts 16a, 16d, 16j, 16k, 16l have already been acted upon
Taking up 16b, 16c, 16e, 16f, 16g, 16h, 16i, 16m, 16n, 16o, and 16p, ultimately
AC: unanimous on all but 16f--comments on that when it comes up

No questions or comments on 16b or 16c
No VOTE on 16b or 16c yet

On to 16e—presentation is HERE
Planning Board (PB): Unanimously supports 16e
CEC: Favors this MOTION
Citizen's Mic (CitMic): Chamber of Commerce supports
YESmic: TMM/P6
NOmic: TMM/P7
Qmic: TMM/P5: Can this section be broken out?
TMod: We will definitely vote this separately
CitMic: Resident and high school teacher is concerned there will be traffic backups in neighborhoods (citing Waze, Google)
NOmic: TMM/P9 Is concerned that before we vote on such a substantial sum of money, we should reconsider the $2M spending for brick sidewalks
YESmic: TMM/P3
Qmic: TMM/P3: Wants to support this. Is concerned about the ornamental lights. Are there shields from above? LED lights?
ToL: Fully shielded, yes to LEDs
Victoria Buckley, TMM/P9, Chair of Commission on Disability, with an Amendment. [To read: In the MOTION, after the word "construction", adding "as approved by the Commission on Disability"] 
Questions about the AMENDMENT
TMM with a Point of Personal Order: Is this appropriate?
TMod: We will hear from Town Counsel
Town Counsel: To the Q just asked: Yes, it is appropriate. Regarding the enforcability: "Approval" is somewhat problematic because SB has authority of streets and sidewalks, so it would be "Advisory"
SB: Requests a brief recess
We are recessed

Amendment offered by Ms. Buckley

9:00 PM We are back in Session
AMENDMENT to the AMENDMENT reflects the discussion that has just taken place during recess:

Amended Amendment

SB: Unanimously supports
CEC: 4-2 in favor of the Amendment
AC: 1-6 AC does not recommend
PB: no position
Center Committee: does not have a position on it because haven't convened on the AMendment
Qmic: TMM/P6: Is the SB voting to do what the Commission on Disability recommends?
SB: We accept the insertion of the language
NOmic: TMM/P7
Qmic: TMM/P3: What is the charge of the Commission on Disibility?
Town Counsel: Charge as per MGL Ch 40 §8j
TMM/P3 will oppose AMENDMENT and the ARTICLE
YESmic: TMM/P7
Qmic: TMM/P3: If we do not adopt and SB does it anyway. are we open to a law suit (due to bricks)
Town Counsel: I think the answer is NO
YESmic: TMM/P4
YESmic: TMM/P9
TMM/P1 Calls the Question
Vote by VOICE VOTE
Debate on the Amendment is CLOSED
Final comments from Ms. Buckley
YES:  128
NO: 35
ABSTAIN: 2
MOTION to AMEND CARRIES
Debate continues on 16e with the MOTION as AMENDED
Center Committee: Unanimously supports
YESmic: TMM/P1
Qmic: TMM/P6 With regard to the road closure test: what was the impact of the lane loss?
ToL: Counts were set up in surrounding neighborhoods throughout the trial; we saw no impact.
TMM/P6: With a later school start time, how will that impact this project?
ToL: We haven't looked at the delayed start time
NOmic: TMM/P6
Qmic: TMM/P4 More information on the Mass Works Grant? Least/Most to expect?
TMgr: The range is specifically for municipal projects; they are substantial ~ $2M
Qmic: TMM/P4: Care and maintenance of new trees?
ToL: Plan is to give them the proper space and soil in which to grow, coupled with irrigation; after that, they will follow with our regular program
TMM/P4 Are there any provisions for extended drought?
ToL: They will have irrigation, plus supplemental waterings from the watering truck
NOmic: TMM/P3
Qmic: TMM/P4: Why is there no funding for improved signage?
ToL: There is signage within the plan, most of it is street signage
YESmic: TMM/P4
Qmic: TMM/P6 Funding sources. Given that we have small businesses in the center, public/private partnerships?
TMgr: At this point the Town hasn't done anything about looking into pub/priv p'ships
TMM/P6: Talked about planters. Will the curbed planters function as protection?
ToL: We think so
Qmic: TMM/P4 Any peer reviewed lit that compare the slipperyness of brick to concrete?
ToL: Unable to find any reports on the slipperyness of brick; there are different types of brick and concrete, but nothing
TMM/P4: Similarly on maintenance of brick or concrete?
ToL: The ad hoc Working Group asked for the same thing, but we couldn't find anything on this either
TMM/P6 asks what materials experts were heard by the ad hoc WG -- ToL runs through a list of experts from memory, acknowledges his list isn't complete
NOmic: TMM/P5
TMM/P6 Calls the Question
VOTE TO CLOSE DEBATE
YES: 114
NO: 47
ABSTAIN: 4
MOTION CARRIES
No final comments
MOTION to adopt 16e as AMENDED requires 2/3 Majority
YES: 121
NO: 21
ABSTAIN: 4
MOTION CARRIES

On to 16f— presentation is HERE
Assistant Town Manager with brief Financing Plan presentation on the last four pages of presentation above: Enterprise Debt and MWRA Debt; borrowing term of 10 years, 4% interest rate. Three hypothetical scenarios; decisions made during rate-setting process in the fall.
SB: Unanimously supports 16f
CEC: 5-1 in support of 16f
AC: 6-3 in support of 16f
Qmic: TMM/P4 Wants to know if anyone has looked at the cost of ownership over time, as in costs of maintenance?
CEC: Yes
Town of Lex (ToL): Average maintenance ~$20K/year
TMM/P4: Spending $6Million works out to ~500/household. Over what amount of time to cover that cost?
ToL: Not a complete return on investment. Automated meters saves staff time, abatements, at ~$250K/year
Qmic: TMM/P6 Wants to know if people really need to put up antennae on their house
ToL: Not every house; there will only need to be a few and they will not go up on houses
TMM/P6: Confirm that no one will be asked to put an antennae on their house as part of this project
ToL: Yes.
Qmic: TMM/P2: How often can we get a report?
ToL: That's up to you
TMM/P2: Can we get it in real time?
ToL: Not in real time but the next day
What about on leaks?
ToL: Sensitive to 1/10th of a gallon,
A lot of questions from a TMM/P2 having to do with particulars of the network system, radio frequency, on which the system is built
TMM Calls the Question
MOTION to CALL the Q PASSES by VV
Debate closed on 16f
VOTE on 16f requires 2/3 Majority:
YES: 121
NO: 21
ABSTAIN: 8
MOTION CARRIES BY MORE THAN THE 2/3 NECESSARY

Voting on Article 16b and 16c together, which had no questions or debate
VOTE requires 2/3 Majority:
YES: 149
NO: 0
ABSTAIN: 2
MOTION CARRIES BY MORE THAN THE 2/3 NECESSARY

MOTION to ADJOURN until Monday, April 8 at 7:15 PM PASSES on a VV
10:31 PM 
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Image credit: Superintendent Dr. Julie Hackett presenting her first LPS Operating Budget and School Technology Budget requests Monday Night, April 1 ~ mas

Third Night | Town Meeting

We're in the usual place -- Battin Hall of Cary Memorial Building (1605 Mass Av)
James Malloy, Town Manager (TMgr) has forwarded changes to The Brown Book since printing; they may be found HERE
All Open Money Articles, Debt Schedule, HERE
Schedule of Articles anticipated tonight is HERE

Town Moderator (TMod) has gaveled the Call to Order.

MOTION presented by the School Committee to Reconsider Article 39. TMod states we will take up reconsideration next week.

Article 2 is now open; the Article remains open throughout TM, to receive reports from Officials, Boards, and Committee

Article 2: Report of the Appropriation Committee (AC)
The Report is received and placed on file
Glenn Parker with brief remarks about the AC Report

Article 2: Report of the Superintendent of the Minuteman Regional High School
The report is received and placed on file
Being presented by Kevin Mahoney, Assistant Superintendent - Finance
Presentation HERE 

Article 2: Report of the Lexington School Superintendent
The report is received and placed on file
Superintendent Dr. Julie Hackett's presentation is HERE

The Meeting is now open on Article 11: Appropriate FY2020 Operating Budget
MOTION is HERE
TMod will go through each line and will take questions from Town Meeting Members. Vote will be taken at the end.
Select Board (SB): Unanimously supports
School Committee (SC): Unanimously supports
AC: Unanimously supports
Question/TMMP6: on Education, LPS and Minuteman. LPS Health insurance: is this a one-time increase?
TMgr: Brown Book has been updated, amount has been reduced; every year there are new employees who start working here, that number is based on our estimated number of new employees
TMM/P6: Can you report on the number of METCO students enrolled relative to the space
LPS: 215 METCO students in the system, looking at a potential 25 more students.
Q for MM School from TMM/P6: 1). Operating cost/pupil?
MM: $32,000
2). More students to drive down costs?
MM: Students decide if they wish to attend.
3). Facilities for swim team at LPS -- when will it be demolished?
MM: Building demo will begin August 1; running modest use of pool in July.
Q from TMM/P4: Rough outline of how allocations are made relative to split?
TMgr: 73% for schools, 26% for municipal
Time to Vote:
YES: 167
NO: 0
ABSTAIN: 1
MOTION is UNANIMOUS, as it carries more than the 2/3 required
TMod turns gavel over to Deputy Moderator (DMod), Barry Orenstein

Article 19: Appropriate for School Capital Projects
MOTION is HERE

Dr. Julie Hackett with the presentation

Presentation is HERE
SB: Unanimously supports

Capital Expenditures Committee (CEC): Unaimously supports (S/O for the 5-year plan)
AC: Unanimously supports
SC: Unanimously supports
Q from TMM/P6: Fully supports. How are we disposing of or recycling these after their useful life?
LPS: Using zero landfill; recycling
TMM/P6: Donating?
LPS: Yes!
Q from TMM/P8: Do we Bring Your Own Device at school? Many students have their own, have the schools considered this?
LPS: We have had this conversation; BYOD for seniors and juniors may opt out if they so choose. Goal is to create equitable systems for "ease of use" for teachers and students.
TMM/P8: Will BYOD be phased out?
LPS: That is the current thinking
Time to VOTE on the MOTION
YES: 161
NO: 1
ABSTAIN: 2
MOTION CARRIES by more than the 2/3 required

Article 5: Establish Qualifications for Tax Deferrals
MOTION is HERE

Vicki Blier (VB), TMM/P9 with a brief presentation
SB: Unanimously supports
AC: Unanimously supports
Q from TMM/P: Very much in favor. Do we have any idea of the percentage of people applying?
VB: It's difficult to know; we do know that 477 seniors qualified for the State Circuit Breaker
Q from TMM/P: What can the Town do to publicize?
VB: The actual tax bill did have something included with it to describe the program. Item included in newsletters, newspaper. Conversations at Community Center, other times, places.
Q from TMM/P3: What is the rationale for $75,000?
VB: We started at the State Limit of $40,000 and have been notching it up.
Q from TMM/P2: What is the interest rate?
Pat Costello: Approximately 1.96% currently; 2.55% in 2020
Q from TMM/P4: Do more people actually apply for the tax deferral?
VB: We've had steady increase
YESmic: TMM/P6
VOTE on the MOTION (simple majority):
YES: 164
NO: 0
ABSTAIN: 1
MOTION PASSES

Returning the gavel to TMod

Article 10: Post Employment Insurance Liability Fund
SB Chair Barry recuses herself
MOTION is HERE

SB: Supports 4-0 (1 recusal)
AC: Unanimously supports
Q from TMM/P4: Where are we WRT meeting our full funding for Pension?
Town Of Lexington (ToL): On target to be fully funded by 2024
Q from TMM/P3: How are we doing compared to other towns?
ToL: Many other Towns have not funded its Pension, some are ahead of us, they are the minority
VOTE on the MOTION
YES: 147
NO: 4
ABSTAIN: 3
MOTION CARRIES

Article 12: FY20 Enterprise Funds Budgets

MOTION is HERE

SB: Unanimously supports

AC: Unanimously supports

Seeing no questions

VOTE on MOTION:

YES: 154

NO: 0

ABSTAIN: 1

MOTION PASSES

TMod passes gavel to DMod

Article 13: Departmental Revolving Funds

MOTION is HERE

For occasional peer review of water management systems

SB: Unanimously supports

AC: Unanimously supports

Q from TMM/P7: Who can invoke the process? Is it mandatory once requested?

ToL: Not necessarily applies to every building application, but where the Building Commissioner recommends referral for peer review

TMM/P7: Are there no guidelines?

ToL: Because there are no standards, and the Building Commissioner is not a Civil Engineer, which is why we need a Civil Engineer

TMM/P7: Is there an appeal process? 

ToL: Not unless there is a Civil Engineer in the roles

TMMP7: Is there a waiver?

ToL: There is no waiver process

TMM/P7: Subjective, can't support

TMM/P1: By what authority is there for charging this fee?

Town Counsel: MGL, Ch. 53G accounts

TMM/P1: Does it cover imposing a fee for the town to hire?

Town Counsel: Yes

YESmic: TMM/P9

Q from TMM/P3: How many homes have been affected? Average amount?

ToL: Have had, last year, 71 homes torn down, not all required, but each one has had to be

looked at. 8 reviews per month maximum, 4 hours per review, $150/hour

No further Questions

VOTE the MOTION:

YES: 149

NO: 4

ABSTAIN: 2

MOTION CARRIES

DMod to TMod

Consent Agenda: (For Articles 14c, 14l, 14m, 16a, 16d, 16g, 16j, 16k, 16l, 18, 20a, 20b, 20c, 20d, 20f, 21, 23, 24,25,27)
MOTIONS are HERE
SB: Asks to have Article 27 removed (it will not be taken up tonight)
Q from TMM/P3: For sidewalks not included in Center Streetscape?
ToL: Annual item, not part of Center Streetscape
TMM/P3: Same material?
ToL: Regular sidewalk repair, so in-kind repairs--if asphalt, asphalt; concrete, concrete
TMM/P6: Center Streetscape project is substantial cost, please separate 16g
TMM/P3: 16 j, k, l -- where is the work to be done?
ToL: They are done at existing signals throughout town. Off of Lowell Street is one area. Street improvements are townwide -- update website, mailings to abutters (15 miles each year). Map is put on the website each year
TMM/P3: Walnut Street on the list?
ToL: have to take a look to see if it is on the list this year
TMM/P3: I don't live there, but is one of the narrower roads, many potholes, was hoping, yes
Seeing no questions
VOTE on CONSENT AGENDA (Not on the items asked to be pulled out):

YES: 150
NO: 0
ABSTAIN: 1
MOTION CARRIES

There is time permitting, TMod asks for a MOTION for TM to take up Articles scheduled for 
Wednesday, April 3; SB Chair Barry with the MOTION; TM approves:
Article 17: Appropriate for Water System ImprovementsMOTION is HERE

SB: Unanimously supports

AC: Unanimously supports

CEC: Unanimously supports

Apologies for missing the questions from TMM/P3!

Q from another TMM/P3: Given the discussion last year, can you tell us the inspection process that goes into the 100-lifeyear cycle of water mains?

ToL: Water system is under pressure, inspections are much more difficult to investigate.

Seeing no further Questions, VOTE on MOTION (requires 2/3 majority):

YES: 146

NO: 0

ABSTAIN: 1

MOTION is UNANIMOUS

Article 22: Establish, Dissolve, and Appropriate to and from Specified Stabilization Funds

MOTION is HERE

Requires 2/3 Majority

SB: Unanimously supports

CEC: on parts a and b--unanimously supports

AC: Unanimously supports

Seeing no questions

VOTE on MOTION

YES: 143

NO: 0

ABSTAIN: 1

MOTION CARRIES

Article 26: Amend FY19 Operating, Enterprise, and CPA Budgets

MOTION is HERE

AC: 5-0 in favor (just took their vote with the members remaining at the table)

SB: Unanimously supports

VOTE on the MOTION

YES: 141

NO: 0

ABSTAIN: 1

MOTION CARRIES

No further business tonight
We meet again Wednesday, April 3 at 7:30 PM
Until then—we are adjourned
10:11 PM

⸻
Image credit: James Malloy, Town Manager introduces Senior Management Staff to Town Meeting on Wednesday, March 27, 2019 ~ mas