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November 17, 2003 Special Town Meeting, cont... .... <br /> 10:58 p.m. Following a voice vote on Article 2, part"B", the Moderator called for a <br /> standing vote, tallied as follows: <br /> Precinct Yes No <br /> 1 11 7 <br /> 2 9 6 <br /> 3 3 17 <br /> 4 1 13 <br /> 5 6 11 <br /> 6 2 13 <br /> 7 4 11 <br /> 8 5 12 <br /> 9 3 15 <br /> At Large 4 13 <br /> Total 48 118 <br /> 10:58 p.m. On a vote of 48 in-favor and 118 opposed, the Moderator declared the <br /> Motion under Article 2, Section "B" NOT ADOPTED. <br /> 11:03 p.m. Deborah Brown, pr.7, served Notice of Reconsideration on Article 2, parts <br /> "A" and `B". <br /> 11:04 p.m. Andrew Friedlich, pr.5. <br /> ARTICLE 4: ZONING BY LAW CD-6 to CRO: 12-18 HARTWELL AVENUE <br /> MOTION: That this article be indefinitely postponed. <br /> John Farrington, representing owners of 12-18 Hartwell Avenue explained <br /> the Article would be resubmitted at the next Annual Town Meeting. <br /> 11:04 The Moderator declared the ADOPTED. <br /> 11:05 p.m. Daniel Busa, pr.1. <br /> ARTICLE 5: SAFE HAVENS <br /> MOTION: That, a petition to the General Court, accompanied by a bill for a special <br /> law relating to the Town of Lexington to be filed with an attested copy of this <br /> motion be, and hereby is, approved under Clause I of Section 8 of Article II, <br /> as amended, of the Articles of Amendment to the Constitution of the <br /> Commonwealth of Massachusetts, to the end that legislation be adopted <br /> precisely as follows, except for clerical or editorial changes of form only: <br /> PETITION FOR A SPECIAL ACT <br /> RE: THE SAFE PLACEMENT OF NEWBORNS AND INFANTS IN THE TOWN OF <br /> LEXINGTON <br /> Whereas,the General Court finds and declares that a serious public emergency exists with respect to the <br /> safety and health of newborns and infants in the Town of Lexington due to parents that abandon them;and <br /> Whereas,unless parents of newborns or infants are not protected from prosecution for their abandonment <br /> of a newborn or infant then the incidents of newborns discarded into trash receptacles or abandoned in <br /> public places will continue to occur;and <br /> Whereas,the serious public emergency should be met by the Commonwealth of Massachusetts <br /> immediately,with due regard for the rights and responsibilities of the Town of Lexington. <br /> Therefore this act is declared to be in the public interest. <br /> Section 1. Acceptance of Newborns and Infants Placed by Parents or Lawful Agents of Parents with <br /> Authorized Employees of Designated Facilities, <br /> Notwithstanding the provisions of any general or special law to the contrary and in order to promote the <br /> public good,the Massachusetts department of social services ("department")shall accept for placement into <br /> foster care any newborn or infant child seven(7)days of age or younger("newborn or infant"or"child") <br /> that is voluntarily placed with a hospital emergency room licensed under general laws chapter 111, section <br /> 51 in the Town of Lexington("designated facility"), or left at a police station in the Town of Lexington, or <br /> at a fire station in the Town of Lexington for transport to such hospital emergency room(by activating the <br /> EMS system)by a parent of a newborn or infant or by a legal agent of said parent. A voluntary placement <br /> under these provisions shall not constitute an automatic termination of parental rights or an abrogation of <br />