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

Special Town Meeting (STM) 2017-3 *

Back in Cary Hall tonight to continue with STM 2017-3.
Warrant is HERE.
Motions for STM-3 Articles 1,3,4,5,6,7,8,9,11,13, HERE.
Motions for STM-3 Articles 2,5(revised),10,12, HERE.
Report of the Appropriation Committee (AC), HERE.
Report of the Capital Expenditures Committee (CEC), HERE.
October 16, 2017 Votes of Town Meeting Members (TMM), HERE.
My post for the previous night (STM-2, Monday, October 16) HERE.

Madam Moderator (MM) indicated previously that we'll begin with the following Articles:

• Article 2: Amend Zoning Bylaw -- 45-55-65 Hayden Avenue
• Article 12: Appropriate Community Preservation Act Projects
• Article 8: Appropriate Design Funds for Visitors Center

Time permitting:

• Articles 3 & 4 -- Amend General Bylaws -- Recreational Marijuana Facilities Prohibited & Amend Zoning Bylaw -- Recreational Marijuana Moratorium

Time permitting: any other unfinished STM 2017-3 Articles.

Holding Monday, October 30 for a possible 3rd night, if needed.
- - - - -
Madam Moderator (MM) has called the Meeting to Order
7:30 PM
120/200 Town Meeting Members (TMMs) are present - we have a Quorum (at least 100 TMMs constitute a Quorum)

First up:

• Article 2: Amend Zoning Bylaw -- 45-55-65 Hayden Avenue

"To see if the Town will vote to amend the Zoning Map and Bylaw of the Town to create the Planned Development District PD-2, based on the information provided in the applicant's Preliminary Site Development and Use Plan ("PSDUP") for Lots 20B and 21A of Assessor's Map 17, addressed as 45, 55, 65 Hayden Avenue (the "Site"), or to act in any other manner in relation thereto."

Thomas Ragno, authorized signatory of CRP/King Hayden Owner, LLC makes the presentation (max. 20 mins).

King Street Properties has long history of developing, owning, and operating high quality life science centers. They currently own and operate over 680,000s.f. of lab/office space in Lexington, and recently developed the new life science building located at 115 Hartwell Avenue in the Hartwell Innovation Campus. This Article proposes a rezoning of the Property, the former Merck campus that currently contains two existing office/laboratory buildings, a parking garage, and surface parking areas, and include an additional office/lab building (adds, "75 Hayden Avenue") and parking garage structure.

Richard Canale for the Planning Board (PB).

Report received and placed on file.

PB: Unanimously supports

BoS: Unanimously suports

Economic Development Advisory Committee (EDAC): Supports this project

Chamber of Commerce at Citizen's Mic: Unanimously supports

Zoning Articles Require 2/3 Majority Vote

YES: 148

NO: 2

Abstain: 2

Motion Approved

- - - - -

Brief recess for CPC caucus (~8:05 PM)
Back in session (~8:09 PM)

• Article 12: Community Preservation Act

It is anticipated that the Housing Project will be IP'd and brought back to the ATM in Spring 2018. Prior to the recess a moment ago, the Land Project had yet to be voted upon by the Community Preservation Committee (CPC) and it is unknown if this project will move forward.

CPC Report & Addendum received and placed on file.

CPC recommends that both Projects be IP'd.

CEC: Unanimous

Voice Vote of TMM: Unanimous
Motion to IP is Approved

- - - - -

• Article 8: Appropriate Design Funds for Visitors Center

This Article requests an appropriation of $150,000 to fund production of Design Development Documents for a new Visitors Center, to be located on the present site across from the Battle Green.

Current building was constructed more than 50 years ago (1966) and was designed to provide restrooms and information for tourists coming to commemorate the bicentennial of the Battle of Lexington in 1975. The building is not fully handicapped-accessible, lacks adequate restroom facilities for use by tourists and Minuteman Bikeway users, is inadequate for accommodating the flow of visitors, and lacks the technology on which visitors now depend.

Pat Goddard making presentation. USA250 Celebration & Plymouth 400 make this a good time to improve the facility (because more history buffs as visitors to Lexington for the history). Design to meet LEED v4 Silver Certification.Exceed Stretch Code by 30%. Still reviewing for Solar. Total Project Budget from Schematic Design Submission was $4,549,000; adjusted for escalation & scope: $4,408,000. Opportunities to review and lower costs. Requesting $150,00 tonight.

BoS: Supports 4-1
CEC: Supports 5-2
AC: 8-0-1 Supports
Tourism Committee: Supports
Chamber: Supports

Q Mic: Does a YES assume approval of a specific design (and cost) for a new Visitor Center?
Carl Valente, Town Manager (TM): No
Q Mic: About accessibility - can you describe in more detail? Wheelchair, other requirements?
Mills: Small buildings - one elevator. Most services are on the first floor and accessible from fron and back. Restrooms downstairs -- accessible from stairs and elevator.
Q Mic: Alternate forms of funding -- more detail?
Tourism: Two things -- 1). initial contributions from Grants or Individuals 2). nothing approved, possible Mass Cultural Council, Historical Society, exploring creative options.
Q Mic: Safety in restrooms and building in the evenings "after hours"?
Goddard: Schedule of hours haven't been determined.
NO Mic: Doesn't think Lexington taxpayers should be subsidizing tour buses to Town. Also, Debt Exclusion on Capital Projects makes this a lower priority.
YES Mic: Over 60 buses a year come to Town for at least 2 hours to eat and visit museums, etc. Also, these are the same arguments we heard back in 1966. It's important to be able to see and tell in the Visitors Center. We don't realize just how much tourism brings to the Town.
Q Mic: BoS was 4-1...could we please hear why?
Selectman Pato: Wasn't easy decision. We are at a time when fiscal pressures demand that we spend very carefully.

TMM Calls Q
Voice Vote to close debate: Approved

Requires Simple Majority Vote
YES: 103
NO: 45
Abstain: 7
Motion Carries

- - - - -

• Articles 3 & 4 -- Amend General Bylaws -- Recreational Marijuana Facilities Prohibited & Amend Zoning Bylaw -- Recreational Marijuana Moratorium

Article 3 Proposes a General Bylaw that will effectuate an outright permanent ban of recreational Marijuana sales in Lexington. Article 4 proposes a temporary zoning bylaw moratorium on the licensing and siting of any recreational marijuana dispesary in Lexington. Any bylaw passed by TM must first receive AG's approval before it goes into effect. Therefore, waiting until the Spring TM in 2018 is not desirable if Lexington wants to prohibit or control the location of marijuana establishments.

BoS: 4 members support a Ban (help restrict access of marijuana to underage youth; 53% of Town opposed Ballot Q 4; Ch.55 of Acts of 2017 allows Cities and Towns that did not support Q4 to ban marijuana by a vote of the local Legislative Body (TM). Lexington majority didn't support the Ballot Q last fall); 1 member supports a Moratorium

PB: No position on Article 3; Article 4: 4-1 in support.

School Committee (SC): Unanimously supports Article 3; also supports Article 4.

Q Mic: Permanent Ban?

Town Counsel: Could be reversed by future TM, up to 2019.

NO Mic: Not so concerned about the effects of pot.

Q Mic: Ban proposes cultivation and testing?

Ciccolo: We did not discuss the testing.

YES Mic: Addiction to brains due to alcohol. Why would we want to further add to that? 

Citizens Mic: As parent, Town resident, scientist  is opposed.

NO Mic: Couldn't support a prohibition of any type.

YES Mic: Moral obligation to pass this Article.

Q Mic: Testing? I have an amendment (wants to strike "marijuana testing facility")

Town Counsel: To clarify - the terms used come directly from MGL Ch.94G

Citizens Mic: Parent, clinical SW, work with children and their families and this is my perspective: I urge you to vote YES on Article 3. Too many negative consequences.

NO Mic: Couple things: we did not legalize marijuana for children and/or teens. This is for adults. It's been here for a while. Economic opportunity.

Amendment: Add after "Ch 94 sec.1" the clause "other than  Marijuana Testing Facility"

BoS on the Amendment: 4-1 Opposed to the Amendment

SC on the Amendment: Supports the Amendment
YES Mic (on the Amendment): I 

NO Mic (on the Amendment): I don't know what the definition of a Marijuana Testing Facility is.

Q Mic: For Counsel -- language put us in peril of having whole thing struck?

Town Council: Answer is the language uses statutory terms; Ch.94G is clear that a Town may have different types.

Vote on Amendment:

YES: 63

NO: 81

Abstain: 7

Motion fails

Back to the Main Motion.

Q Mic: SC referenced the Youth Risk Behavior Survey. How does marijuana use compare to alcohol -- binge drinking, included?

SC: Looking at the presentation that summarizes the data: Lifetime alcohol use -- could be at a holiday party -- Middle Schools: 31%; HS 65%. Binge drinking -- more than 5 drinks -- 10.7% 

Q Mic: Current marijuana use?

SC: 18.4% HS in their lifetimes; lower levels

Citizens Mic: Clergy member. Been working with at-risk youth for 20yrs. Lack of teaching for discretion. Discernment is lacking, not only for adults, but for kids. Alcohol isn't explicitly for drunkenness; marijuana is. We need to teach our children to handle stress and discernment.

NO Mic: Experimentation with marijuana is quite widespread already, that's not going to change. The scary thing is that you don't know what is in it; needs regulation. That's why I support. Would prefer a Townwide referendum on this question instead. My pitch for those concerned about our kids, stay concerned. Vote for the Moratorium -- see what the regulations are and revisit this when we know more.

Q Mic: BoS remind us of the total percentage of Town voted in November 2016? I'm struggling because many seem to think we have a mandate for a ban, but I don't see it.

MM: Turnout in November was 84%.

YES Mic: Thank you to the Citizens who came to speak on the impact of drugs on our youth. We have heard of drug overdoses of youth in Lexington.

TMM Calls the Q

Voice Vote: Ayes have it.

Ciccolo for the BoS: Heard a presentation from State Police who visited Colorado. This is all very new. No need to get ahead of this at this point. Banning makes sense.

Article 3 (Ban)

YES: 109

NO: 34

Abstain: 6

Motion Approved

Article 4 (Moratorium through 2018)

YES: 143

NO: 8

Abstain: 7

Motion Approved

- - - - -

• Article 5: Amend FY2018 Operating, Enterprise Fund

This Article allows for adjustments to the current fiscal year (FY18) appropriations, as approved ad the 2017 Annual Town Meeting. These amendments will bew used to make any other adjustments to the current fiscal year budgets and appropriations that may be necessary. Also, this article will determine whether the money shall be provided by transfer from available funds.

BoS: Unanimously supports

AC: Unanimously supports

Requires 2/3 Vote

YES: 135

NO: 0

Abstain: 1

Motion Carries

- - - - -

• Article 10: Amend General Bylaws -- Distribution of Town Election/Town Meeting Warrant

This Article proposes to amend the Town Bylaws to authorize the Board of Selectmen (BoS) and the Town Clerk (TC) to alter the means of distributing the Warrant to all households.
BoS: Unanimously support

NO Mic: This body has an obligation to inform residents with hard copies mailed to them.
YES Mic: I'm a fan of electronic docs.
Q Mic: Is there data from recycling folks in Town that Warrants are in fact being recycled at a high rate? Or, is this annectdotal evidence?
BoS: No, we have no data on the recycling rate.
Then, TMM urges NO: Town Meeting is a public structure unique to New England. Receiving a hard copy encourages civic engagement.
NO Mic: In favor of getting electronic as quickly as possible, but also hard copies to households.
No Mic: It's our job as TMMs to engage our people.
TMM Calls Q
Voice Vote: Unanimous

Simple Majority 
YES: 25
NO: 103
Abstain: 0
Motion Fails
- - - - -

• Article 11: Appropriate for Lexington High School Security System Design

This Article seeks funding for the Engineering and Architectural Design of improvements to the security system at LHS. Enhanced security at eight elementary and two middle schools have already been implemented.

The LHS project is more complicated because of its multiple buildings and open campus. Annual Town Meeting 2017 appropriated funds for an upgraded Closed-Circuit Television (CCTV) system, which is similar to the system at the other schools and the Central Administration Building. The upgrade was completed this past summer.

Shawn Newell, Public Facilities makes the presentation. Current security level at LHS: 38 sets of doors remain unlocked throughout the school day; No changes to parking; No perimeter fencing; No change to visitor management. (District Security Level includes all of the immediate above).
SC: Unanimously supports
BoS: Unanimously supports
AC: Unanimously supports
CEC: Unanimously supports

Q Mic: Why is this coming up now and not at the ATM?
Valente: With new HS principal coming on, consulted with them.
Q Mic: Will the same apply with the new Superintendent?
Valente: Can't answer that.
SC: Not concerned with new superintendent. The reason for getting input from principal is because they are in the building and it was important. It is a priority for the SC.

Simple Majority Vote
YES: 115
NO: 3
Abstain: 1
Motion Passes

STM-3 Dissolved
10:56 PM

- - - - -

* Because a STM was held on the first day of Annual Town Meeting this past Spring, the two Fall STMs have been designated "Special Town Meeting 2017-2" (appropriate for three long-pending capital projects) and "Special Town Meeting 2017-3", which includes:

• 8 financially-related Articles seeking updates to FY18 Operating, Capital, and Enterprise Fund Budgets;
• 2 Community Preservation Act Projects (Housing -- potential IP and Land -- Pending);
• 2 Amend General Bylaw (Recreational Marijuana & Distribution of Town Election/Town Meeting Warrant)
• 2 Amend Zoning Bylaw (45-55-65 Hayden Avenue & Recreational Marijuana Moratorium)
• 2 Appropriate Design Funds (Visitors Center + LHS Security System enahncements)

Two STM-3 Articles were approved Monday (Articles 6 & 7 -- Specified Stabilization Funds and Amend Revolving Fund Authorization) and 2 STM-3 Articles were IP'd (Articles 9 & 13).

Special Town Meeting (STM) 2017-2

Edited to correct some typos and formatting issues.

We're in the Isaac Harris Cary Memorial Building (Cary Hall), 1605 Massachusetts Avenue, Lexington 02420.

Madam Moderator has just called the meeting to order.

7:30 PM

Warrant for STM-2 and STM-3 is HERE.
Motions HERE.
Report of the Appropriation Committee (AC), HERE.
Report of the Capital Expenditures Committee (CEC), HERE.

Carl Valente, Town Manager introducing new staff; presents his report: 2016-2018 Capital Plan Approved and Potential Exempt Debt Projects (~$71M). Have since decided to remove Fire Station "swing space" and Pelham Road property purchases from the debt exclusion referendum (voting in December, TBA).

Reports of the CEC and AC presented and placed on file.
First up, Articles for STM-2, in the order printed in the Warrant:

• Article 2: Appropriate for Hastings School Construction (Funds requested: $63,059,418)
• Report of the School Committee presented and placed on file.
• School Committee (SC) unanimously recommending approval of the project.

This Article seeks aurhorization for funding construction of a new Hastings Elementary School (30-section, 110,000s.f.) and for demolition of the old school. Design capacity (K-5) is 645 students; enrollment last year was 455 students. The existing school opened in 1955. Its floor area is 64,980s.f., including 8 modular classrooms that are either nearing or past the end of their useful life of 20 years.

The Massachusetts State Building Authroity (MSBA) approved partial reimbursement of the construction costs for a new school building. The total project budget is about $65,300,000, of which MSBA will reimburse approx $16,500.000 (~35.79%). The balance of $48,800,000 will be covered by the Town of Lexington; a vote for a debt exclusion override is planned for December.

Dr. Czajkowski, Superintendent of Schools presents structural and space challenges (overcrowding) of the current school facility, with assistance from Pat Goddard, recently retired Director of Public Facilities (and filling in while new Director gets up to speed on all of the projects).

Remaining balance for Town Meeting (TM) to appropriate: $63,059,418. If approved, MSBA Grant will be in the amount of $16,513,723
Board of Selectmen (BOS): Unanimously supports
AC: 7-0-2 (the abstentions had to do with concerns with the overall cost of the project)
CEC: Unanimously supports

• 5th grade student from Hastings shares concerns about the lack of air conditioning in the current building from the Citizens Mic

Requires 2/3 vote:

Yes: 156

No: 1

Abstain: 3

Motion Approved
- - - - -

• Article 3: Appropriate Design Funds for Lexington Children's Place ($2,500,000).

This Article seeks funds for completion of design and engineering work needed for construction of a new Lexington Children's Place preschool facility at the recently acquired Pelham Road site (20 Pelham Road).

Design to achieve Leed Silver Certification and exceed Lexington's Stretch Code by 30%. Design maximizes roof space for Solar.

Hope to open new facility for new school year, beginning September 2019.

Funds requested: $2,500,000, contingent upon passage of the Debt Exclusion Question. (Date just announced for December 4. More about that campaign HERE.)

Selectman Ciccolo recusing.

SC: Unanimously supports
BOS: 4-0-1(recusal)
AC: 7-0-2 (abstention relates to overall costs)
CEC: Unanimously supports

From Citizens Mic: Parent of child with Special Needs, who has attended LCP for two years -- has made incredible progress. This program will grow. The time is now.
NO Mic: Lexington will need a 7th elementary school very soon, and there isn't a place for one in Town. Spend the $15M at Harrington School, where LCP is already housed. Also, LHS needs a new space.
Citizen's Mic:  Parent of child with ASD, now at LHS, 13 yrs ago attended LCP. Diverse students. All students. It has been a great program. Out of District costs are huge; great to have this in-district program.
YES Mic: Some say that the mark of a society is how we treat the most vulnerable; children with special needs are the most vulnerable. Morally right thing to do. SC says Pelham can't house another elementary school and I believe them when they say that.
Q Mic: How do you determine a tuition rate for mandated and non-mandated students?
Goddard: class size determined 15; 7 are mandated to be SWD and others are added as space allows.
Czajkowski: Tuition ranges for 1/2 day and full day for 10 months from ~$10K+ for Full Day; 1/2 Day ~$3K+; including lunch ~$1,300
Q Mic: What other funding methods were considered? (Within Levy or Debt Exclusion)
Valente: Those were the only two.
Q Mic: Why not use for 7th elementary school?
Goddard: We looked at the site for a 7th elementry school. 24-section school deemed too small; 3-story with very little green space.
Q Mic: WRT access to the school -- any significant expense getting traffic in or out of the site?
Goddard: Costs include getting onto and off of the site.

TMM Calls Q.
Voice vote: Passes 

Requires 2/3 vote:

Yes: 144

No: 5

Abstain: 9

Motion Approved
- - - - -
Meeting now open on Articles 4 and 5. We will take them up together and vote them separately.

• Article 4: Appropriate Design Funds for Fire Headquarters (Funds requested: $676,300)
• Article 5: Appropriate for Temporary Fire Station Construction (Funds requested: $2,140,000)

BOS: Unanimously supports 4&5
Funds for Article 4 are intended to allow the design to proceed through the Construction Document Development Stage.
Funds for Article 5 are intended for Design, Engineering, and Architectural Services, including production of Construction Document, and for the construction of a temporary fire station. For both: LEED to easily achieve Silver -- will continue to look to achieve Gold -- Certification. Energy goal to exceed Lexington Stretch Code by 30%. Design maximizes roof space for Solar; includes solar hot water heating. Will continue to review energy design options.
CEC: Unanimously supports 4 & 5
AC: Unanimously supports 4 & 5

Article 4: requires 2/3
YES: 151
NO: 0
Abstain: 1
Motion Approved

Article 5: requires 2/3
YES: 153
NO: 0
Abstain: 2
Motion Approved
- - - - -
STM-2 DISSOLVED
STM-3 Now Open

• Article 6: Establish and Appropriate to and from Specified Stabilization Funds

BOS: Unanimously supports
AC: Unanimously supports
CEC: (A only): Unanimously supports

Voice Vote: Unanimous
- - - - -

• Article 7: Amend Revolving Fund Authorization

BoS: Unanimously supports
CEC: Unanimously supports DPW Compost Operation
AC: Unanimously supports

Voice Vote: Unanimous
- - - - -

• Article 9: Appropriate for Solid Waste Collection Equipment

BOS recommend Indefinitely Postpone (IP)

Voice Vote: Unanimous

- - - - -

• Article 13: Appropriate for Authorized Capital Improvements

BOS recommends IP

Voice Vote: Unanimous

- - - - -

Adjourned until Wednesday, 10/18, 7:30 PM

Opening Night: Annual Town Meeting

Below, the expected schedule for opening night of Lexington's Annual Town Meeting, as forwarded from Madam Moderator:

Monday, March 20, 2017 - 7:30 PM

• Opening ceremonies
• Call to order Annual Town Meeting 2017 (ATM)
• Introductory remarks and instructions
• Adjourn ATM and call to order Special Town Meeting 2017-1 (STM1)
• STM1 Article 1 - Reports of Town Boards, Officers & Committees
• STM1 Article 2 - Design Funds for Fire Station
• STM1 Article 3 - Design Funds for Fire Station Swing Space
• STM1 Article 4 - Design Funds for Lexington Children’s Place/20 Pelham Rd
• STM1 Article 5 - Bond and Note Premiums to Pay Project Costs
• Dissolve STM1
• Call back to order Annual Town Meeting (ATM)
• Time permitting:
• ATM Article 3 - Cary Lecture Series
• ATM Article 37 - Amend Bylaws: Trees
• ATM Article 33 - Amend Bylaws: Scenic Roads
• ATM Article 35 - Amend Bylaws: NCD Technical Changes
• ATM Article 36 - Amend Bylaws: Municipal Modernization Act
• ATM Article 38 - Amend Bylaws: Revolving Funds

STM 2016-5 Article 7: Establish and Appropriate to and from Specified Stabilization Funds & Motion to Dissolve STM

Article 7: Establish and Appropriate to and from Specified Stabilization Funds

MOTION:

(a) That $48,621.58 be appropriated to the Transportation Demand Management Stabilization Fund, and to meet this appropriation $48,621.58 be transferred from the Transportation Demand Management special revenue account;

(b) That $1,878,771 be appropriated to the Capital Stabilization Fund, and to meet this appropriation $1,878,771 be raised in the tax levy

Moved by Ms. Ciccolo of the Board of Selectman.
The Board is unanimously in support
AC: unanimous in their support
CEC: only reports on subset b; we are unanimously in support

Questions from TMMs
Can we separate the votes?
Selectmen are amenable
Town Mod - we will debate and question the two parts together, take two votes

Town Mod calls for the vote on part a:
Yes: 135
No: 0
Abstain: 1
The MOTION carries

Town Mod calls for the vote on part b (requires 2/3 majority):
Yes: 129
No: 3
Abstain: 4
The MOTION carries

Town Moderator calls for MOTION to Dissolve Special Town Meeting 2016-5
MOVED by Board of Selectmen
Voice Vote
The MOTION is approved the Meeting is Dissolved
~ 9:35 PM

STM 2016-5 Article 6: Amend FY2017 Operating Enterprise Fund and Community Preservation Budgets

Article 6: Amend FY2017 Operating Enterprise Fund and Community Preservation Budgets
MOTION: (a) That the following adjustments be made to the following line items for the FY2017 budget as approved under Article 4 of the 2016 Annual Town Meeting:

• 8500: Town Clerk Personal Services, from $362,681 to $368,039;

• 8500: Town Clerk Personal Expenses, from $124,675 to $125,567;

• 8320: Misc. Boards and Committees, from $4,500 to $34,500;

• 7100: Land Use, Health and Development Expenses, from $414,153 to $436,613

and, that said adjustments be funded from the tax levy.

MOTION: (b) That the following adjustment be made to the following line item for the FY2017 budget to operate the Water Division of the Department of Public Works as approved under Article 5(a) of the 2016 Annual Town Meeting:

• MWRA Water Assessment, from $7,378,622 to $7,349,661

and, further that $90,500 be appropriated from Water Fund Retained Earnings to support the FY17 Water Division Budget in addition to $131,000 of Retained Earnings appropriated under Article 5(a) of the 2016 Annual Town Meeting.

MOTION: (c) That the following amounts be appropriated to the following line item for the FY2017 budget to operate the Wastewater (Sewer) Division of the Department of Public Works as approved under Article 5(b) of the 2016 Annual Town Meeting, and that said amounts be transferred from the following sources:

• MWRA Wastewater Assessment, from $7,311,103 to $7,265,870

MOTION: (d) That the following adjustment be made to the FY2017 budget of the Community Preservation Committee as approved under Article 8(p) of the 2016 Annual Town Meeting:

• CPA Debt Service and Related Costs, from $3,289,721 to $3,329,721

and that said adjustment be funded from the Undesignated Fund Balance of the Community Preservation Fund.

MOTIONs MOVED by Mr. Cohen of the Board of Selectmen. The Board is unanimously in support
CEC: subset d [CPC], in support
AC: unanimously in support of the whole article
CPC: with respect to part d, 7-0 in support
Planning Board: unanimously in support of 2020 Committee study [part d, CPC]

Town Mod calls for Vote (MOTIONs of all parts will be taken in one vote)
Yes: 132
No: 0
Abstain: 3

The MOTION carries

STM 2016-5 Article 5: Appropriate Funds for Police Station Feasibility Study

Article 5: Appropriate Funds for Police Station Feasibility Study
MOTION: That the Town appropriate $65,000 for studying the feasibility of siting, constructing and equipping a new police station, and that to meet this appropriation $65,000 be raised in the tax levy.
MOVED by Mr. Kelly of the Board of Selectmen. Police station was built in 1956. Need to consider options for renovation or replacement.

BoS: Unanimously in support
CEC: Timely and necessary, unanimous
AC: Unanimous in their support

Town Mod calls for Vote
Yes: 134
No: 2
Abstain: 2

The MOTION carries

STM 2016-5 Article 4: Supplemental Appropriation for School Facilities Capital Projects

Article 4: Supplemental Appropriation for School Facilities Capital Projects
MOTION: That the Town appropriate $910,000, in addition to the amount voted under Article 2 of Special Town Meeting-1 held on November 2, 2015, for the purchase and installation of six modular classrooms, and that to raise such amount the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow $910,000 under M.G.L. Chapter 44, Section 7, as amended, or any other enabling authority. Any premium received by the Town upon the sale of any bonds or notes approved by this vote, less the cost of preparing, issuing and marketing them, and any accrued interest received upon the delivery of such bonds or notes, may be applied to the payment of project costs approved by this vote, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount.
Moved by SC Chair Hurley. Asks to have Report of the SC received and placed on file. TM is Unanimous.
Hurley asks Town Mod to recognize Pat Goddard, Director of Facilities. She does.
Goddard presents a quick review of background to TM:

Project Cost, After Bids: $4,430,000
Previously Appropriated: $3,000,000
Supplement Required now: $1,430,000
Available, STM-1, Art. 2 (Hastings w/out MSBA): $520,000
Net Additional Appropriation: $910,000

Board of Selectmen: Unanimously in support
CEC: 4-0 in support for needed project
AC: Supports by a vote of 7-0

Town Mod opens for questions from TMMs

Town Mod calls for vote - requires 2/3 majority vote in order to pass
Yes: 134
No: 3
Abstain: 1

The MOTION carries

STM 2016-5, Article 3: Supplemental Appropriation for Middle Schools - Additions and Remodeling

Article 3: Supplemental Appropriation for Middle Schools - Additions and Remodeling
MOTION: That this article be indefinitely postponed.

SC supports IP
CEC supports IP
AC supports IP
Voice Vote - unaimous - MOTION carries

STM 2016-5, Article 2: Land Purchase - 171-173 Bedford Street

Article 2: Land Purchase - 171-173 Bedford Street
MOTION: That (a) the Selectmen be authorized to purchase, take by eminent domain or otherwise acquire for municipal or school purposes, any fee, easement, or other interest in all or any part of land known as 171-173 Bedford Street and shown as Lot 76 on Assessors’ Property Map 64, now or formerly owned by the Liberty Mutual Insurance Company, on such terms and conditions as the Selectmen may determine, and to conduct all necessary site surveys, environmental assessments and to incur legal and closing costs in connection therewith; that $4,443,000 be appropriated for such land acquisition and related costs, including, but not limited to, an architectural and engineering study of the site for use by the Fire Department, and that to raise such amount, the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow $4,443,000 under M.G.L. Chapter 44, Section 7, as amended, or pursuant to any other enabling authority; and (b) that the Selectmen be authorized to lease a portion of said land to Liberty Mutual Insurance Company or an affiliated entity thereof, subject to terms acceptable to the Selectmen. Any premium received by the Town upon the sale of any bonds or notes approved by this vote, less the cost of preparing, issuing and marketing them, and any accrued interest received upon the delivery of such bonds or notes, may be applied to the payment of project costs approved by this vote, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount.

MOTION is Moved by Suzie Barry, Selectmen Chair and gives a brief description and explanation. BoS is in unanimous support of the project.
Ms. Barry asks that the Town Manager be recognized.
Town Manager Carl Valente is recognized.
Town Members will hear three reports - followed by financing plan from Rob Addleson
Proposed uses of the parcel:

• temporary swing space during renovations of fire HQ;
• temporary swing space during renovations of police HQ;
• new location of police HQ;
• if not, future municipal/school uses

$4,443,000 total purchase price:

• $4.3 million for property
• $35,000 for Legal
• $85,000 for Designer for Traffic Study (adjustments for temporary basis of fire)
• $15,000 for land survey
• $8,000 any environmental analysis that may be necessary

Financing Plan for the next five years may require a debt exclusion override for fire, police, Hastings Elementary School projects:

• March 2016 Modeling: Mitigating the tax increase for average residential taxpayer
• September 2016 Modeling: Increase for average residential taxpayer, with 173 Bedford Street and increase in Capital stability Fund, virtually unchanged.

Town Manager introduces Assistant Town Manager; Rob presents: 

Factors in Managing Debt and Taxpayer Impact:

• Existing Debt Service is Decreasing
• Prospective $23,000,000 in Capital Stabilization Fund
• Low Interest Rate Environment
• Manage Debt Service and Taxpayer Mitigation to Lessen Spikes in Property Tax Bills

Existing and Proposed Excluded Debt Service - All Projects

[insert photo]

Tax Bill for Home of Median Value ($786,000) - All Projects

[insert photo]

TMod recognizes Chief Wilson, Fire.

Chief Wilson presents slides on challenges of present condition of current fire station, built in 1947. Time to replace.

For the recomendation of CEC: Chair Hai - CEC supports 4-1

AC Chair Parker: AC supports 8-0

School Committee Chair Hurley: SC supports 5-0

Town Mod opens for Questions from Town Meeting Members (TMM)

TMM McKenna, Pct 6: Q for Mr. Addelson. $21Million available for mitigation - what percent of that for mitigation?

Addelson: $23Million; 100%

McKenna: Other projects, anticipated part of this proposal; any funding for the Visitor Center project; if so how much?

Addelson: No, Visitor Center is not included.

TMM LaPointe, Pct 2: Financial Q. Pelham Project $8M still being carried. Can we get an update?

Valente: We are still negotiating. Still w/in the $8M appropriation last spring

TMM Adler, Pct 1: I see a critical need for the fire station project; price is reasonable. However, I was surprised at the assessment process is accepted by the DoR. $1.9M means we're paying 2.6x the assessed value. DoR process for commercial projects not producing realistic results

TMM Afshartous, Pct 2: Is there enough parking space for the space where we're building for next 10-20 years?

Pat Goddard, Director of Public Facilities: If the site is constrained, do we have enough space to build a modern station. We have a study that looked at this. We're looking at a two-story building. The study is not the design. We'll be working with the Fire dept to optimize the site

TMM Williams, Pct 5: What impact with the vote of the Minuteman School on the tax.

Valente: MM school will be part of our Town's assessment to MM - peaks at about 3 years, we can accommodate within our annual budget

TMM Kluchman: When both CE and increases in tax, it will be useful to express in $100,000 increments.

TMM Heinrich, Pct3:  Pelham School - if correct, there is no funding for renovations if we buy that school?

Valente: that is correct

TMM Michelson, Pct 5: Fire project - any guess or estimate for temporary renovations

Valente: Nothing until we go forward with an engineer. In our Modeling, we're carrying a million dollars.

TMM: will we need a garage on that property?

Valente: we will probably have temporary structures, more sophisticated than a tent...with heat.

Town Mod: Article 2 - requires a 2/3 vote to pass:

Yes - 134

No - 3

abstain - 4

The MOTION carries

Opening of Special Town Meeting 2016 #5

Margery Milne Battin Hall
Cary Memorial Building
1605 Massachusetts Avenue
Lexington 02420

September 21, 2016
7:30 PM

Warrant is HERE.
Articles and Reports are HERE.
Motions are HERE.

Town Moderator calls the Meeting to order at 7:30 PM

Announcements

Town Moderator (TMod) calls a brief recess to hear from Members of the National Park Service who make a special presentation in honor of the 100th Anniversary of National Park Service - director of Minuteman National Park recognizing exemplary partnership.

Article 1: Reports of Town Boards, Officers, Committees
To receive the reports of any Board or Town Officer or of any Committee of the Town, or act in any other manner in relation thereto.

a. Report of the Appropriation Committee
MOTION: That the report of the AC be received and placed on file. Moved by AC Chair. TM is Unanimous - carries by voice vote

b. Report of the Capital Expenditures Committee
MOTION: That the report of the CEC be received and placed on file. Moved by CEC Chair. TM is Unanimous - carries by voice vote

c. Report of the Community Preservation Committee
MOTION: That the report of the CPC be received and placed on file. Moved by CPC Chair. TM is Unanimous - carries by voice vote

d. Report of the Assistant Town Manager for Finance (Articles 5, 6, & 7) MOTION: That the report be received and placed on file. Moved by Board of Selectmen Chair. TM is Unanimous - carries by voice vote
Assistant Town Manager for Finance, Mr. Rob Addleson makes a brief presentation to TM.

Annual & Special Town Meetings

Meeting just called to order by Deputy Moderator, Barry Orenstein.

Updating as we go.

Tonight's Annual & Special Town Meeting is expected to cover the remaining articles:

ATM:
Article 12 - Wastewater System Improvements
Yes=138
No=1
Abstain=0
APPROVED

Article 45 - Amend Zoning Bylaw - Brookhaven (to be referred back to Planning Board to complete negotiations)

by Voice Vote - APPROVED

Motion to dissolve 2016 Annual Town Meeting
by Voice Vote - APPROVED

Moving on quickly to STM 2016-4:

Article 5: Purchase of Belmont Country Club Land (to be indefinitely postponed)

Report of the Capital Expenditures Committee received and placed on file.

TMM: asks School Committee about enrollment relative to this site.

SC Chair: We have enrollment projections; for 5-10 years from now would be pure conjecture and speculative

TMM: I don't find this answer at all helpful. How good are our school enrollment predictions?

SC Chair: The second part of your first question - we do not have other sites to use for new school.

TMM: Anyone looking into this site for possible use by the schools?

SC Chair: The Committee hasn't discussed it.

BoS Chair: Board of Selectmen is actively looking for school sites - we will be taking up one such site a little later.

Q from TMM: Why was it considered that this parcel of land was not considered viable for school or other Town purposes?

BoS Chair: WRT school uses, there are topographical problems with the site for school use; no adequate access to school fields.

TMM: Are there any restrictions as to what Montessori School can do with this land?

BoS Chair: None at this time.

TMM: What is the zoning?

BoS Chair: Residential.

TMM Q: Should we IP this at this point because easements are not yet set?

BoS Chair: Right of First Refusal expires at the end of the week - no time to IP.

TMM: Does it make sense if the BoS have not finalized negotiations with the Montessori School?

Bos Chair: Right of First Refusal is with the Belmont Country Club

TMM: Why is there no loss of opportunity for the Town?

Bos Chair: The Town is in the middle of negotiations

TMM: I don't believe we have an answer.

TMM Calls the Question

APPROVED

Vote on the question by Voice Vote - APPROVED

Vote to dissolve STM-4

APPROVED

STM 2016-2 called to order

Article 2: Land Purchase - 20 Pelham Road

For land acquistion, and associated design, engineering, and architectural services for plans and specifications and related costs in connection with the property.

Report of the Capital Expenditures Committee (CEC) received and placed on file

APPROVED

Report of the Appropriation Committee (AC) received and placed on file

APPROVED

Report of the Board of Selectmen (BoS) by Chair, Joe Pato:

• Pelham property is an $8 million appropriation
• Negotiations are not yet complete - will explain
• Part of the School Master Planning: Location, flexibility, opportunity

To ReCap:

• Pelham property is an $8 million appropriation - for purchase site and engineering
• Appraisal, highest and best use
• Additional costs to renovate/rebuild on site

Timeline for Acquisition and Reuse:

• negotiations to purchase began in December 2015
• Selectmen will take by eminent domain if purchase and sale agreement not reached shortly
• Begin reuse/engineering analysis in fall 2016

BoS is in unanimous support (5-0)

CEC majority supports the project

AC majority (8-1) supports the project; must proceed in a timely manner when properties like this come up

SC is unanimously in support; critical need (5-0)

Planing Board recommends approval (4-1)

6 TMMs queued behind the Q mic

Citizen Q: Represents the Armenian Sisters Academy.

TMM Q: If Town acquires this property by eminent domain, how much?
BoS Chair: Fair-market value, based on appraisals
TMM: 2nd Q is would it be used for a new school?
BoS Chair: There is an existing plan with MSBA-funded Hastings School - this will not adjust that project. Additional space is needed and there are several options available for the schools. Until we proceed with this, the actual costs are not known. Per classroom costs at Pelham are lower than per classroom costs at other sites.
TMM: How will we pay?
BoS Chair: Asking for Debt; going forward, we will come forward in the future with a Debt-exclusion - something the BoS at the time would call for.

TMM Q: You mentioned the adequacy of the site for a 24 section - will that require a waiver from the state/
BoS Chair: I refer to the School Department
SC Chair: We understand that if we go with MSBA, have to follow certain guidelines; if we go it ourselves, we do not have to follow those guidelines.
TMM: Does the proposed purchase include the convent?
BoS: The article on the Warrant is for 20 Pelham Road, the school only
TMM: How this compares with non-excluded debt
BoS: Please recognize Mr. Addleson
Addleson: On average, within levy of debt-funded capital, we will issue  ~$6M, so this will exceed

TMM Q: Does the existence of asbestos and PCBs on the current school property, mean we will have a leg up on its replacement?
BoS Chair: Please recognize Mr. Goddard
Pat Goddard: In the SOI process, there's qualifications for how MSBA prioritizes projects - health is one of the priorities. We have not occupied the property at the time of purchase, so probably not.

TMM Q: Skeptical that this would be used for a school since it cannot hold an athletic field, and that it would more likely be used as an administration building
SC Chair: That would be the least likely scenario.
TMM: Would you build a school without an athletic field and if so, how would you address that?
SC Chair: We are very fortunate in this Town to have fields on every school. We haven't discussed that for this property.

TMM at No Mic: I'm troubled by the process that has lead to this. There has been no public process at all. I'm concerned given the price tag - and we don't even know the price. The existing building is in very tough shape. It could be used for affordable housing.

TMM at Yes Mic: I rise in support and hope TMMs will join me. In this case we have a unique opportunity. If we don't buy this, it will become a housing development that we will have no control over.

TMM Q: Of the $8M amount, how much is for purchase?
BoS: We're still in negotiations on the price.
TMM: How is that area zoned?
BoS: REsidential
TMM: Thank you.

TMM Q: Has the SC done the analysis of the operating costs?
SC Chair: Additional school, or spaces, are the same - principal, secretary, educators; heating and other utilities.
Mr. Goddard: Last fall the Superintendent and I looked at utilities, custodians, educational - operational costs - about $500,000
TMM: I'm going to oppose this. We should not think of this as a 7th school. Economics, access (~$3M or more), really not a good investment for TM to authorize.

TMM at No: I was first excited. Then, I learned there was asbestos and lead. Means it is a tear-down. On top of the middle school renovations and other Town capital projects.

TMM Q: Am I correct that I read that the Superintendent stated that this was not an appropriate location for a school?
SC Chair: She's shaking her head NO that she did not say that.
TMM: What did she say?
SC Chair: Supt has indicated to me that she needs to see the article, she's not aware.

TMM Q: Does the Town hold any land previously purchased for the contingent use at any of the school sites?
SC Chair: I believe the Laconia site.
TMM: Has anyone done a direct comparison between economic development housing and school?
BoS Chair: We have not. We also have land directly across from the high school - it is not deemed appropriate for an elementary school.

Citizen Q: I've ooked through the reports done by DiNisco; - you've heard about the asbestos, lead paint, PCBs which will require abatement. These are significant costs. We should be looking at this with our eyes open. ~$2M for abatement & remediation, $3M for access;

TMM at Yes: Reminds me of the land purchase for the golf course years ago. Do not repeat the delay and subsequent high  purchase.

TMM Q: If we take the property by eminent domain - how would that be paid for since this would authorize $8M?
Addleson: Court judgement of $10M would mean additional appropriation at a subsequent TM
TMM: So, we would be on the hook for more?
Addleson: Yes.

TMM at Yes: Cost and environmental concerns - appeal to the thought that we are not going to have another site. Students are already here and more are coming. I hope you will join me in voting yes.

TMM Q: If we assume that the building can be renovated and abated/remediated - will the site support an 18-section elementary school?
Goddard: We went through several scenarios last September. We would be able to mitigate - would need to figure out the plan we would be mitigating for. Could also be a site for the Lexington Children's Pre-school
TMM: Are the facilities sufficient for larger school?
Goddard: We would have to demolish for a larger school + parking + access for buses.
TMM: As a 7th elementary school, why is this  property better than the Laconia property? Aside from its central location?
Goddard: It's not very level - very sloped property - would have to create a series of plateaus. No utilities; no access. Pelham is level;

TMM Q: The other properties - can we sell them to help pay for this?
BoS Chair: With TM approval, we could choose to sell, but not without coming back to TM
TMM: Any notion as to how much money we could realize?
BoS Chair: No.
TMM: I think we should buy this parcel for all of the reasons already stated. This is our opportunity to do it. I would like to see these other sites sold.

TMM at Yes: Because I just don't see a downside to this.

TMM calls the Question
APPROVED
Final comments from BoS Chair - no additional comments
Requires 2/3 majority to pass
Yes=130
No=26
Abstain=3
APPROVED

BoS Chair, Joe Pato: Thanks to my colleagues. Board reorganized this evening. Selectman Suzie Barry is the new BoS Chair.

Deputy Town Moderator calls for motion to dissolve STM 2016-2
APPROVED

Declared dissolved 9:18 PM (unofficial)