Opening Night | 2019 Annual Town Meeting

We're in Margery Milne Battin Hall of Isaac Harris Cary Memorial Building. We'll continue meeting here every Monday and Wednesday evening, except during public school vacation week, until all business has been concluded.

2019 Town Warrant is HERE.
MOTIONS dated 3/25/2019 is HERE; MOTIONS by Article Number, HERE.
Articles with MOTIONS, Reports, and Presentations, HERE.

Recommended Budget and Financing Plan (The Brown Book) is HERE.
Report of the Appropriation Committee (AC) is HERE.
Report of the Capital Expenditures Committee (CEC) is HERE.

Expected schedule tonight:

• Article 2: Elect Deputy Moderator (Barry Orenstein)
• DATE CERTAIN: Article 30—Reduce/Ban Polystyrene Materials (Citizen Article)
• DATE CERTAIN: Article 31—Reduce/Ban Single-use Plastic Straws and Stirrers (Citizen Article)
• Article 3: Cary Lecture Series
• Article 32: Capital Expenditures Committee-related Provisions (To petition the Massachusetts General Court to enact specific legislation concerning the Town's CEC -- see p.14 of the Warrant)
• Article 35: Amend Article III of Chapter 118 (Citizen Article)
• Article 36: Outcomes-based Approach to Town Building Projects (Citizen Article)

Updating ensues once Town Moderator (TMod) gavels the Call to Order 

7:30 PM TMod has called the Meeting to Order.
Opening Ceremony kicks off with "Yankee Doodle" played by the Joseph Diamond Fife & Drum Corps. Minutemen Flag Corps places flags of Lexington and United States to our National Anthem by the fifes and drums.

Brief recess. State Representative Michelle Ciccolo is introduced, honors graduating seniors from Lexington High School (LHS) and from Minuteman Regional Vocational Technical High School (MM), being acknowledged for their character, perseverance, resilience, and accomplishments.

Meeting called back to order.

The Meeting is now open on Article 2: Election of Deputy Moderator (DMod), Barry Orenstein. This is in the event of TMod recusal, absence, disability, etc., according to Section 118-11 of the Code of the Town of Lexington.
MOTION passes unanimously.

TMod's introductory remarks and instructions for Members designed to keep order, decorum.

Article 30—Reduce/Ban Polystyrene Materials (Citizen Article) and Article 31—Reduce/Ban Single-use Plastic Straws and Stirrers (Citizen Article) are now open.
TMMs approve taking the two Articles out of order.
Presentation by Lexington Green Teams members and Girl Scouts Troop #65411 is HERE.
Board of Selectmen (BoS): Unanimous support of both Articles
School Committee (SC): Unanimous support of both Articles
Conservation Commission: Unanimous support of both Articles
Commission on Disability: Unanimous on Article 31 only; no position taken on Article 30
Sustainable Lexington: Unanimous support of both Articles
Chamber of Commerce: In full support of Article 31; applaud the concept of Article 30, members are concerned of the economic impact of passage of Article 30, as a result, no position on Article 30
Questions:
TMM/P7: Forks, spoons, plates included?
A: Felt these two items at this time
TMM: Open to Amendment?
TMod: Formal process
TMM/P3: In favor of concept. Concern of unintended consequences...Art.30 -- what about computers with Styrofoam for shipping?
A: Definitions are included, only food serviceware are listed, not packing materials
TMM: Juice boxes have straws?
A: Only prevent the actual sale of plastic straw, not juice being sold.
Citizen Mic: Professor of biodegradables...really consider the environmental impact all over the world, not only Lexington. Fully support both Articles.
TMM/P2 YES Mic: TY to LPS Green Teams and Girl Scouts. Feels good to move along on single use plastice
TMM/P1: Is Town planning to regulate compostable plastic?
A: Bylaws defines
CitizenMic: We have to take responsibility. Plastice are an eyesore and a danger.
Amendment to Art.31: to include forks, spoons, plates is outside of the scope of the warrant TMod will not allow amendment
CALL the Question -- Close debate?
Yes: 104
No: 57
Abstain: 2
Motion PASSES | DEBATE is closed
Final comments to maker of MOTION
Vote on Article 30
YES: 159
NO: 2
ABSTAIN: 3
MOTION PASSES
Vote on Article 31
YES: 160
NO: 1
ABSTAIN: 3
MOTION PASSES

Meeting now open on Article 3: Cary Lecture Series
Motion to receive Report and place on file -- unanimous
Rita Goldberg, Chair and TMM/P2, with the presentation.
BoS: unanimous
Voice Vote of TM on Article 3: Passes

MOTION to take Article 32 out of order
Passes
Meeting now open on Article 32: Capital Expenditures Committee-related Provisions (To petition the Massachusetts General Court to enact specific legislation concerning the Town's CEC -- see p.14 of the Warrant)
David Kantor, CEC, with the presentation HERE
BoS: Unanimous
Appropriation Committee (AC): Unanimous
CEC: Unanimous
SC: Unanimous
No Questions
Vote of TM
YES: 151
NO: 1
ABSTAIN: 1
MOTION CARRIES

MOTION to take Article 35 out of order
TMM: Voice Vote passes
Meeting now open on Article 35: Amend Article III of Chapter 118 (Citizen Article)
Matthew Daggett, TMM/P2 with the presentation HERE
BoS: Unanimous support
AC: did not take a position
CEC: Unanimously opposed
SC: 4-1 (abstention)
Planning Board (PB): 4-1 to approve

NOmic/TMMP6: a lot of unintended consequences
YESmic/TMMP4: Not a frequent occurance, but has happened., not intended to suppress debate. 10 mins is arbitrary, some opportunity for some discussion. A good corrective for an infrequent problem
Q/TMMP8: If no debate?
A: In that case now there is clear direction to TMod about what to do.
Q/TMMP3: If person calls the Q before 10 minutes?
A: Motion to Call the Q is a subsidiary motion, gets 10 mins
Q: 10 mins?
A: Yes. Subject to discretion of TMod
Q/TMMP8: Redundant?
A: TMod has no expectation for how much debate to proceed, expectation
NOmic TMMP1: If it ain't broke, don't fix it.
Q/TMMP6: Powers of TMod? Town Counsel?
Town Counsel: TMod retains discretion. provides guidance
YESmic/TMMP8: when it comes up, I want to be able to ask questions
NOmic/TMMP7
Q/TMMP8: Does it apply to this TM?
Town Counsel: must be approved by AG
Q/TMMP6: Minimum or maximum?
A: Minimum
Q/TMMP5: calls the Q
Voice Vote: Passes; Debate is closed
Final comments to maker of Motion
Vote of TMM on Article 35:
YES: 88
NO: 65
ABSTAIN: 6
MOTION PASSES

Meeting is now open on Article 36: Outcomes-based Approach to Town Building Projects (Citizen Article)
Dan Voss, Sustainable Lexington, with the presentation HERE.
BoS: Unanimous support
SC: Unanimous support
AC: No position
CEC: Unanimous support
Q/TMMP7: The Team to determine the policies?
A: Yes
YES: TMM/P2
CitizenMic: Sustainable Lexington voted unanimously to support
YES: TMM/P6, PBC Member (Permanent Building Committee)
Q/TMMP5: What, if any, changes to project sites?
A: Article requesting the BoS and SC, PBC and Facilities Department to develop policies. Objective is to follow a framework for measuring outcomes; gathering more info at the front-end.
Q/TMMP2: Impact on residential?
A: No impact
Q/TMMP2: Amend?
TMod: It is within scope of Warrant. Come up if you want to make it.
Proposed Amendment would have no binding authority, no motion to amend
No further Qs
No Final comments
Vote of TM on Article 36:
YES: 142
NO: 0
ABSTAIN: 2
MOTION PASSES

Meeting adjourned at 10:22 PM until 7:30 PM on Wednesday, March 27
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Image credit: Presentation slide, Town of Lexington 2019 Annual Town Meeting ~ mas

Citizen Articles Coming Up at Town Meeting

The 2019 Town of Lexington Warrant includes thirty-nine Articles for Town Meeting (TM) beginning March 25*.

TM Articles are described and organized as Financial, General, or Zoning Articles.

Ten of the Articles (25%) have been inserted by Citizens of the Town (inserted by an individual and 9 or more registered voters.) While that, in and of itself, isn't a crazy notable number (last year's ATM had 9 Citizen Articles), it's the nature of each Article and where they fall that strikes me, particularly.

• 5 Citizen Articles fall under the heading of Financial Articles (Arts. 4,6,7,8,9), beginning middle of page 5 of the Warrant
• 4 are General Articles (Arts. 30,31,35,36), at about the middle of page 13 of the Warrant
• 1 is a Zoning Article (39), near bottom of page 15 of the Warrant

Four of the Citizen Articles focus on environmental sustainability:

• Two are Financial Articles: 
• Article 8: Funding for Sustainability Action, has been inserted by Ricki Pappo, a TMM in Precinct 2 and Co-Chair of Lexington Global Warming Action Coalition. The Article seeks to establish a revolving fund or some other mechanism, from the earnings of projects promoted through the Sustainable Action Plan for the Town to invest in future actions proposed under the Sustainable Action Plan. This Article has been scheduled for an Info Session on Tuesday, March 19 and is an opportunity to hear from the maker of the Article and ask questions.

• Article 9: Sustainability Director, also inserted by Ricki Pappo and 9 or more registered voters, proposes that funds requested under this Article go to the salary and benefits for a Sustainability Director, whose duties will include recommending, developing, monitoring, and securing grants for programs designed to enhance Lexington's long term sustainability and resilience. TMMA Info Session scheduled for Tuesday, March 19.

• The other two Citizen/Sustainability Articles are found under General Articles:
• Article 30: Amend Town Bylaws—Reduce/Ban Polystyrene Materials for all food serviceware and packaging in Lexington. This Article has been inserted by Lin Jensen, a Precinct 8 TMM and Lexington Green Teams volunteer -- it's included among the other Articles up for discussion at the Info Session scheduled for Wednesday, March 13.

• Article 31: Amend Town Bylaws—Reduce/Ban Single-Use Plastic Beverage Straws and Stirrers, also offered by Lin and among the Articles included in the TMMA Info Session scheduled for Wednesday, March 13.

• Note: Many local organizations are already going the way of eliminating one-time use plastic straws and stirrers, as well as polystyrene. Student/parent groups worked with the Lexington Public Schools to remove polystyrene and straws from the public school cafeterias. All of the Town's school/parent groups are going plastic-free for their events and community events, too. More of that history is HERE.

The remaining three (Citizen) Financial Articles are: 

• Article 4: Reduce Community Preservation Act (CPA) Surcharge Rate from 3% to 1% Pursuant to M.G.L. c.44B, § 16. This Article has been inserted by TMM Bridger McGaw of Precinct 6. No funds are requested with it, which seeks to reduce the current CPA surtax rate, thus providing an immediate tax break to all Lexington residents. Additionally, special considerations must be given to covering debt for previous CPA-funded projects, maintenance of historic properties, and future conservation land purchases. More about that to come at the TMMA Info Session scheduled for Tuesday, March 19.

• Article 6: Appropriate for Cremation Facility at Westview Cemetery. Will see if the Town will vote to raise and appropriate a sum of money for design engineering and architectural services including site work, value engineering, and cost estimating for plans and specifications to construct new Cremation Facility at the Westview Cemetery and for the payment of all other costs incidental or related thereto; determine whether the  money will be provided by the tax levy, by transfer from other available funds, by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. Funds requested are unknown at this time. This article was IP'd last year pending further study. TMMA Info Session scheduled for Tuesday, March 19.

• Article 7: Appropriate Funds for the Creation of a Lexington Economic Development Strategy is a proposal to see if the Town will vote to appropriate $100,000 to fund the cost of developing an Economic Development Strategy to be led by the Economic Development Office. The report will be submitted to the Town Manager and Selectmen and published on the town Website within six months of passage of this article. The funds will go toward the development of a holistic Economic Development Strategy to provide recommendations for changes to zoning, permitting, design guidelines, marketing, outreach, and development mitigation. TMMA Info Session scheduled for Tuesday, March 19.

Four of the Citizen Articles fall under the heading of "General Articles":

• Previously mentioned, Article 30: Amend Town Bylaws—Reduce/Ban Polystyrene Materials.

• Previously mentioned,Article 31: Amend Town Bylaws—Reduce/Ban Single-Use Plastic Beverage Straws and Stirrers

• Article 35: Amend Article III of Chapter 118 refers to the Code of the Town of Lexington, which is an effort to improve debate and subsidiary motion procedures. It proposes revisions to Town Meeting's rules of debate, subsidiary motion, and/or amendment procedures to develop criteria for ensuring a minimum of debate has occurred before subsidiary motions can be offered or debate closed. TMMA Info Session is scheduled for Tuesday, March 19.

• Article 36: Implement an Outcomes-Based Approach to Town Building Projects is an article seeking Town Meeting approval to adopt an outcomes-based building management process that emphasizes:
• Setting clear targets or outcomes for the performance of current and planned buildings in the areas of health, energy performance, energy management, and resilience;
• Assessing gaps against those outcomes; and
• Utilizing those outcomes for the beginning stages of future building development and in prioritizing operating/capital budget projects. 
• TMMA Info Session is scheduled for Tuesday, March 19

Finally, the Citizen Article found within Zoning Articles:

• Article 39: Amend Zoning Bylaw-Limited Site Plan Review (Inserted by Jeanne Krieger, Precinct 3 TMM and member of the Zoning Board of Appeals, ZBA). This is a proposal to see if the Town will vote to amend the Zoning Bylaw to reasonably regulate land uses protected by MGL c. 40A §3 through site plan review, or act in any other manner in relation thereto. The changes proposed would provide for site plan review, to the extent possible, of exempt uses protected under the MGL c. 40A §3, pertaining to "Dover Amendment uses". TMMA Info Session scheduled for Tuesday, March 19.

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Image credit: Creative Commons, Isaac Harris Cary Memorial Building, 1605 Massachusetts Avenue, Lexington MA

* The 2019 Annual Town Meeting opens Monday, March 25 and continues the following Wednesday and every Monday and Wednesday thereafter until all of the Articles in the Warrant have been considered by the Meeting. There are no Meetings on April 15 or 17, as it is LPS vacation week.

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.