HomeMy WebLinkAbout1997-03-24 to1997-04-16-ATM-min 283
1997 ANNUAL TOWN MEETING
MARCH 24, 1997
The 1997 Annual Town Meeting was called to order by Moderator Margery M. Battin, at .
8:00 p.m., in Cary Memorial Hall.
A quorum of 191 members was present.
The invocation was offered by Reverend Lucinda Duncan, Follen Community Chureh.
The Moderator honored the passing of two Town Meeting members: Jason Berger and
Weiant Wathen-Dunn.
The Town Clerk, Donna M. Hooper,read the Warrant for the Meeting until waived.
The Town Clerk read the Constable's Return of the Warrant.
The Moderator outlined procedures and conduct of Town Meeting.
The Moderator announced that the financial articles will be delayed one week.
The Moderator announced the articles that will be taken up at this meeting. Articles 3,26,
29,30,35,34,33,and 32 in that order.
On Wednesday,March 26, 1997 articles 25,31,36,37,38,40,41,and 42 will be taken up
in that order.
At 8:17 Town Counsel,Norman.Cohen asked for a point of personal privilege. Having been
granted,he announced that in four hours,a momentous occasion was about to take place,that
the Moderator would be celebrating a significant birthday,and that we all sing her a rousing
"Happy Birthday". The Moderator thanked everyone.
ARTICLE 2: REPORTS OF COMMITTEES
8:18 p.m. Selectman Leo McSweeney moved that the report of the Committee on
Cary Lectures be accepted and placed on file and the Committee discharged.
Dana Regillo of the Committee presented the report.
Following a unanimous voice vote at 8:19 p.m.,the Moderator declared the report to
have been accepted and placed on file and the Committee discharged.
8: 22 p.m. Reverend Peter Meek and Carol Mahoney,Trustees of Cary Memorial
Library,gave a report of the Trustees of the Cary Memorial Library.
8:30 p.m. Marshall Derby,Chairman of LexHAB,gave a report of LexHAB.
ARTICLE 3: APPOINTMENTS TO CARY LECTURE SERIES
8:39 p.m. Presented by Leo P. McSweeney.
MOTION: That a committee of three be appointed by the Moderator to
have the charge of the lectures under the wills of Eliza Cary Farnham and
Suzanna E. Cary for the current year.
Following a voice vote at 8:39 p.m.,the Moderator declared unanimous adoption of
the motion.
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1997 Annual Town Meeting-March 24, 1997 cent...
ARTICLE 2: REPORTS OF COMMITTEES
Presented by Leo P.McSweeney.
MOTION: That Articles 26,29, 30, 35,34, 33, and 32 be taken up in that
sequence; provided,however,that if any of these articles are not reached at
this session,then they shall be taken up in their normal order.
Following a voice vote at 8:40 p.m.,the Moderator declared adoption of the motion.
ARTICLE 26: NOTICE OF INTENT FEES
8:40 p.m. Presented by Joyce Miller,Conservation Commission.
MOTION: That the sum of$10, 898 be appropriated to the Conservation
Fund- Wetlands Interest Fees Account for the purpose of administering the
Wetlands Protection Act, and to raise such amount$10,898 be transferred
from the Reserve for Appropriation for Wetlands Protection Fund account.
8:41 p.m. Elizabeth Eddison,Board of Selectmen,stated approval of the Board
of Selectmen.
8:42 p.m. Paul Lapointe, Appropriation Committee, stated the Appropriation
Committee unanimously recommends approval.
Following a voice vote at 8:42 p.m.,the Moderator declared unanimous adoption of
the motion.
ARTICLE 29: LAND ACQUISITION-SPENCER STREET
8:43 p.m. Presented by Leo P. McSweeney
MOTION: That the Selectmen be authorized to acquire by purchase, eminent
domain or otherwise the land shown as Lot 2 on a plan entitled "Compiled
Subdivision Plan of Land in Lexington,MA(Middlesex County)"recorded as Plan
No. 1324 of 1996 in the Middlesex South Registry of Deeds, said land being
located at the end of Spencer Street and being now or formerly of Augusta, for
municipal purposes, and to appropriate$1.00 therefor which shall be raised in the
tax levy.
8:44 p.m. Leo McSweeney, Board of Selectmen, stated unanimous support
of the Board of Selectmen.
8:45 p.m. Richard Canale, Planning Board, stated unanimous support of the
Planning Board.
8:45 p.m. Paul Lapointe,Appropriation Committee, stated unanimous support
of the Appropriations Committee.
The Moderator stated that as the article requires a two-thirds vote,if the vote is not
unanimous then a standing vote will be taken. Following a voice vote at 8:45 p.m.,
the Moderator declared unanimous adoption of the motion.
ARTICLE 30: USE OF DRIVEWAY ON GRANDVIEW AVENUE
8:45 p.m. Presented by Selectman McSweeney.
MOTION: That the Selectmen be and they hereby are authorized to grant
a permanent easement to The Lebeau Family Trust to continue to use the
existing portion of their driveway located at 19 Grandview Avenue that
extends onto Lot 14D shown on Assessor's Property Map 51 for one dollar
and on such other terms as the Selectmen may determine.
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1997 Annual Town Meeting-March 24, 1997 rout
Article 30 continued....
Leo McSweeney stated unanimous support of the Board of Selectmen.
8:47 p.m. Ephraim Weiss, Pr. 5, asked for clarification of the map that was
presented. Mr. McSweeney asked the Moderator to recognize
Marshall Derby of LexHAB.
The Moderator stated that as the article requires a two-thirds vote,if the vote is not
unanimous then a standing vote will be taken. Following a voice vote at 8:48 p.m.,
the Moderator declared adoption of the motion under Article 30, by unanimous vote.
ARTICLE 35: LAND TRANSFER
8:50 p.m. Presented by Carolyn Wilson,Pr. 2.
MOTION: With respect to the parcels described in this article, that the
P� P
Conservation Commission be authorized to purchase or otherwise acquire, and the
Selectmen be authorized to take by eminent domain, upon the written request of
the Conservation Commission,and that the Selectmen be authorized to transfer for
conservation purposes and for recreational uses as approved by the Recreation
Committee any fee, easement or conservation restriction as defined in Section 31
of Chapter 184 of the General Laws, or other interest in all or any part of such
parcels.
Carolyn Wilson, Pr. 2, asked the Moderator to recognize Lynn Knight of Liberty
Heights,who presented the article.
'I 8:55 p.m Selectman Daniel Busa stated unanimous support of the Board of
Selectmen.
8:55 p.m. Richard Canale stated support of the Planning Board.
8:55 p.m. Joyce Miller stated unanimous support of the Conservation
Commission.
The Moderator stated that as the article requires a 2/3 vote, if the vote is not
unanimous then a standing vote will be taken. Following a voice vote at 8:55 p.m.,
the Moderator declared unanimous adoption of the motion.
ARTICLE 34: IN LIEU OF TAX PAYMENTS BY LEXHAB
8:57 p.m. - Presented by Dawn McKenna,Pr. 9, at the request of Laurie Rice,
sponsor of the motion,from Pr. 2.
MOTION: That LexHAB be requested to make annual payments in lieu
of taxes to the Town of Lexington in an amount not less than 20%of its gross
revenues to help support town services utilized by its rental units.
9:05 p.m. Marshall Derby of LexHAB stated he would like to follow precedent
of the Lexington Housing Authority in its 10%contribution of gross
revenue less utilities.
Marshall Derby moved to amend the motion by replacing"20%of its gross revenues"
with "10%of its gross revenues as reduced by utility fees and condominium fees".
9:10 p.m. Selectman Daniel Busa stated the majority of the Board of Selectmen
supported the amendment. The Board,however,does not support the article.
John Davies,Planning Board,stated the Planning Board's favoring of the amendment
as a second choice,but recommends,disapproval of the article.
1997 Annual Town Meeting-March 24, 1997 rant
Susan Cusack of the Fair Housing Committee indicated the Committee's support for
the amendment but opposition to the original article.
Paul Lapointe indicated support of the amendment by the Appropriation Committee.
Discussion on the motion made under Article 34 continued.
Nicholas Santosuosso, Pr. 4, of Lexington Housing Authority, stated Housing
Authority support of the amendment.
Motion to amend,as offered by Marshall Derby,was delcared adopted by voice vote
at 9:20 p.m.
Discussion continued on the motion,as amended.
Selectman Daniel Busa stated opposition of the Board of Selectmen to the amended
motion.
John Davies of the Planning Board stated the Planning Board's unanimous
opposition.
Susan Cusack of the Fair Housing Committee stated the Committee's opposition.
Nicholas Santosuosso,indicated the Housing authority was opposed to the amended
motion.
Paul Lapointe of the Appropriation Committee stated the Committee was in favor of
the motion as amended.
Discussion continued.
John Hayward,Pr. 5 moved the previous question,at 9:29 p.m.
After a voice vote at 9:29 p.m.,the Moderator declared the motion not adopted.
Dawn McKenna,Pr.9,served Notice of Reconsideration of Article 34 at 9:29 p.m.
ARTICLE 33: AMEND CHAPTER 521 OF THE ACTS OF 1983 -LEXHAB
9:30 p.m. Presented by Michael O'Sullivan,Pr.2,
MOTION:That the Selectmen be and they hereby are authorized to petition
the General Court for an act to amend Section 2,paragraph(d)of Chapter 521
of the Acts.of 1983 by adding the words"(and the town meeting,when the
real property involved is open space or undeveloped land)"after the words
"board of selectmen".
9:38 p.m. Marshall Derby,LexHAB,urged defeat of the article.
9:40 p.m. Selectman Busa stated opposition on behalf of the Board of Selectmen,
stating that passage would paralyze the future efforts of LexHAB.
9:41 p.m. John Davies stated the Planning Board's support of LexHAB and
unanimous opposition to the motion.
9:42 p.m. Florence Baturin,Fair Housing and Human Relations Committee,stated
opposition to the motion.
9:45 p.m. Charles Hornig,precinct 8,asked if the motion was within the scope
of the article as written in the 1997 warrant as the motion does not
indicate restriction to town-owned land. Town Counsel Norman
Cohen and Michael O'Sullivan,maker of the motion,both expressed
intent of the motion to be specific to town-owned land and wording
of such when drafting legislation should the motion be adopted.
Discussion continued.
William Simmons,Pr.6,moved the question at 9:53 p.m.
287.
1997 Annual Town Meeting-March 24, 1997 cont._.
After polling the meeting,with results to the affirmative,the main question under Article 33
was put.
Following a voice vote at 9:57 p.m.,the Moderator declared the motion not adopted.
James Barry,precinct 1, stood to doubt the vote. Nineteen other members supported him,
and theModerator called a standing vote on Article 33,tallied as follows:
Precinct Yes No Abstain
1 7 10 0
2 9 4 0
3 1 17 0
4 4 11 0
5 15 4 0
6 7 9 0
7 10 6 .0
8 9 7 0
9 7 12 0
At large 6 12 0
Totals 75 92 0
Less than the required majority having voted in favor,the motion was not adopted.
Michael.O'Sullivan,Pr.2,served notice of reconsideration of article 33 at 9:59 p.m.
ARTICLE 32: ACCEPT CHAPTER 60, SECTION 3C OF M.G.L.
9:59 p.m. David Williams,Pr.5,and Thomas Fenn,Pr.9,presented the motion.
MOTION:That the Town accept Section 3C of Chapter 60 of the
Massachusetts General Laws.
10:08 p.m. Mr.Fenn,requested that the Moderator recognize Robin,Glade,of the
PTA Scholarship Committee,who spoke from the balcony in favor of
the article.
10:11p.m. Selectman Elizabeth Eddison stated unanimous support of the Board
of Selectmen.
10:11p.m. Paul Lapointe stated that, by a narrow margin, the Appropriation
Committee supported the motion.
Discussion continued.
After a voice vote at 10:19 p.m.,the Moderator declared the motion adopted.
Leo McSweeney,Chairman of the Board of Selectmen,moved that the meeting be adjourned
until Wednesday,March 26, 1997 at 8:00 p.m.,at Cary Memorial Hall.
Adopted by voice vote. 10:20 p.m.
A true copy.
Attest:
Donna M.Hooper,Town ilerk
ADJOURNED SESSION-1997 ANNUAL TOWN MEETING
MARCH 26, 1997
The meeting was called to order by Moderator Margery M. Battin, at 8:00 p.m.,in Cary
Memorial Hall. A quorum of 174 members was present.
The Moderator announced a recess in order for Representative Jay R.Kaufman to introduce
the National Merit Finalists from Lexington High School. Assisted by Philip Lanoue,
Principal of Lexington High School, Mr Kaufman presented a certificate to each of the
finalists.
8:07 p.m. The Moderator called the meeting to order and explained that articles 25, 31,
36, 37, 38, 40, 41, and 42 would be taken up in that sequence. If not addressed this
evening, the articles would be taken up in the order as listed in the warrant.
The Moderator reviewed the rules and procedures for debate, especially for citizen
participation as some citizens were in the balcony and have indicated they wished to speak.
ARTICLE 2: REPORTS OF COMMITTEES
8:09 p.m. Michelle Ekanem,Chairman of the Fair Housing and Human Relations
Committee gave the report of the committee.
8:11 p.m. Presented by Leo McSweeney, Chairman of the Board of Selectmen.
MOTION: That Articles 25,31,36,37,38,40,41, and 42 be taken up in that
sequence;provided,however,that if any of these articles are not reached at this
session,then they shall be taken up in their numerical order.
Following a voice vote at 8:11 p.m.,the Moderator declared unanimous adoption of the
motion.
ARTICLE 25: AMEND ARTICLE XXXII OF GENERAL BY-LAWS WETLAND
PROTECTION
presented the following
motion and 411
8:12 p.m. Joyce Miller,Chair of the Conservation CommissionAasked the Moderator
(Approved by to recognize Philip Hamilton,member of the Commission to present the2=11=
Atty. General article.
Scott HarshbargeiMOTION: That Article XXXII of the General by-Laws(Wetland Protection)
July 18, 1997. be amended as set forth in a document filed with the Town Clerk on March 20,
Posted in 1997.
Town Office
Bldg. and
nine precincts.)
Sect. 8 NOT Article X=be amended as follows:
Approved.
Posted Aug. 11, 1997 Legend: Addition
Reim v�ll
INSERT
PURPOSE
The purpose of this By-Law is to preserve and protect the wetland resource areas and buffer
zones of the Town of Lexington by regulation of and control of activities deemed by the
Conservation Commission to have significant or cumulatively detrimental effect upon the
following interests and values,including but not limited to:public or private water supply;
ground water supply; the prevention and control of flooding, erosion or sedimentation,
storm damage,other water damage and/or pollution;the protection of surrounding land and
other homes or buildings, aquatic life or wildlife,streams,ponds or other bodies of water,
and recreation.
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Adjourned Session- 1997 Annual Town Meeting cont...-March.26. 1997
REVISED
SECTION 1
No person shall remove,fill,dredge,buildupon or alter any bank,freshwater wetland,marsh,
bog, wet meadow, swamp, creek, river, stream, pond,or lake or vernal pool, or any land
under said waters, . • .. . _ .,any land subject to
flooding,or-inundation or any land bordering thereon as hereinafter defined, other than in
the course of maintaining,repairing or replacing,but not substantially changing or enlarging,
an existing and lawfully located structure or facility used in the service of the public and used
to provide electric,gas,water,telephone,telegraph and or other tele-communication services
without first filing written notice of his intention to so remove, fill, dredge, alter or build
upon,including such plans as may be necessary to fully describe such proposed activity and
its effect on the environment and without receiving and complying with a permit issued by the
Conservation Commission.
REVISED
SECTION 2 (.
The Conservation Commission shall hold a public hearing on the proposed activity within 30
days of the receipt of said notice. Notice of the time and place of said hearing shall be given
by the Conservation Commission at the expense of the applicant,not less than five days prior
to such hearing by publication in a newspaper of general circulation in Lexington, and by
delivering or mailing a notice thereof to the applicant, to the Board of Health, Board of
Selectmen,the Town Engineer and the Planning Board, +. ... . : .- - ;, -.
by the most recent asscssorb record,)on width the proposed-activity is to take place and to
such other persons as the Conservation Commission may determine. Notice of the time and
place of said hearing shall be given by the applicant, not less than five days prior to such
hearing,to abutters within 100 feet of the land(as determined by the most recent assessor's
records)on which the proposed activity is to take place. The Conservation Commission,the
Town Manager,the Town Engineer,the Planning Board,their agents,officers and employees
may enter upon privately owned land without liability of any kind for the purpose of
performing the duties under this Section.
REVISED
Section 2.1 if after said hearing,the Conservation Commission determines that the land on
which the proposed work is to be done is probably significant to public or private water
supply,to the ground water supply,to flood control,to control of erosion or sedimentation,
to storm damage prevention, to other water damage prevention, to the prevention of
pollution,to the protection of surrounding land and other homes or buildings,to aquatic life
or wildlife, or to the protection of streams, ponds or other bodies of water, or to the
protection of recreation, the Commission shall,by written order, within 21 days or such
further time as the Commission and the applicant shallagree on,impose such conditions as
are reasonably necessary for the protection of the interestsdescribed herein and all work shall
be done in accordance therewith. The conditions may include a condition that certain land
or portions thereof not be built upon or altered, filled or dredged, that streams not be
diverted,dammed or otherwise disturbed.
NO CHANGE
Sections 2.2
REVISED
Section 2.3 The Conservation Commission shall not impose additional or more stringent
conditions as a result of any hearing conducted by it pursuant to General Laws,Chapter 131,
Section 40 than it has imposed pursuant to the provisions of this By-Law,nor shall it require
from an applicant who filed a o Notice of Intent pursuant to General Laws,
Chapter 131,Section 40 additional materials or data than is required of him pursuant to the
application filed under this By-Law.
NO CHANGE
Sections 3,4&5
Zai
Adjourned Session-1997 Annual Town Meeting cont...-March 26, 1997
REVISED
SECTION 6
The applicant shall have the burden of proving by a preponderance of the credible evidence
that the work proposed by him in his notice of intention will not cause significant harm
individual or cumulative harmful effects to the interest sought to be protected by this By-
Law.In assessing cumulative harmful effects, the Commission may consider the likely long-
term effects of the proposed work as well as the likely effects of the proposed work when
taken in conjunction with any prior work and any contemplated future work in the affected
area. Failure to provide to the Conservation Commission adequate evidence for it to
determine that the proposed work does will not cause significant harm to the interest sought
to be protected by this By-Law shall be sufficient cause for the Conservation Commission to
deny such permit or to grant such permit with such conditions as it deems reasonably
necessary or desirable to carry out the purposes of this By-Law or to postpone or continue
the hearing to another date certain to enable the applicant and others to present additional
evidence,upon such terms and conditions as seems to the Commission to be just,
NO CHANGE
SECTIONS 7
REVISED
Section 7.1 The term"applicant"as used in this By-Law shall mean a person giving notice
ofintention Notice of Intent to build,remove,fill, dredge or alter.
NO CHANGE
Section 7.2
REVISED
Section 7.3 The terms marsh,freshwater wetland,swamp,wet meadow and bog as used hi
this By-Law shall be defined as set forth in Massachusetts General Laws Chapter 131, Section
40. The boundary of these wetlands is either the line within which fifty(50)percent or more
of the vegetation community consists of wetland plant species identified in Massachusetts
General Laws Chapter 131, Section 40 or the line within which the soil conditions meet the
technical criterion of a hydric soil as developed and revised by the National Technical
Committee for Hydric Soils,whichever line or segment of line protects more wetlands in
situations where two lines exist. The term land subject to flooding shall be defined as set
forth in 310 CMR 10.57.
NO CHANGE
Section 7.4&7.5
REVISED
Section 7.6
(a) 100 feet horizontally lateral from the edge of any bog, marsh, meadow or
swamp bordering on a creek,river,stream,pond,lake or,wetland or from the
edge of any vernal pool or any isolated land subject to flooding.
(b) 100 feet horizontally lateral from the water elevation of the 100 year storm or
whichever is the greater distance of(a)or(b).
NO CHANGE
Section 7.7
INSERT
SECTION 8
Disapproved Upon receipt of a permit application,the Conservation Commission is authorized to require
by Atty. an applicant to pay a fee for the reasonable costs and expenses borne by the Commission
Gen.
July 18,1997for specific expert engineering and other consultant services deemed necessary by the
Commission to come to a final decision on the application. The specific consultant services
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Adjourned Session- 1997 Annual Town Meeting cont...-March 26, 1997
•
•
•
may include but arc not limited to resource area survey and delineation, analysis of resource
area values, including wildlife habitat evaluations, hydrogeologic and drainage analysis,
and environmental or land use law.
The Commission may require the payment of the consultant fee at any point in its
deliberations prior to a final decision. The applicant shall pay the fee to be put into a
consultant services account of the Commission; which may be drawn upon only by the
Commission for specific consultant services approved by the Commission at one of its public
meetings.
The exercise of discretion by the Commission in making its determination to require the
payment of a consultant fee shall be based upon its reasonable finding that additional
information acquirable only through outside consultants would be necessary for the making
of an objective decision.
The Commission shall return any unused portion of the consultant fee to the applicant unless
the Commission decides ata public meeting that other action is necessary. Any applicant
aggrieved by the imposition of or size of the consultant fee, or any act related thereto, may
appeal according to the provisions of the Massachusetts General Laws.
The maximum consultant fee charged to reimburse the Commission for reasonable costs and
expenses shall be according to the following schedule:
Project Cost Maximum Fee
UP TO$500,000 $2,500
$ 500,001 - $1,000,000 $5,000
$1,000,001 - $1,500,000 $7,500
$1,500,001 - $2,000,000 $10,000
For each additional$500,000 increment in project cost(over$2,000,000), the maximum
consultant fee shall be increased by an additional$2,500.
The project cost means the estimated entire cost of the project, including but not limited to
building construction, site preparation, landscaping, and all site improvements. The
consultant fee shall be paid pro rata for that portion of the project cost applicable to those
activities within resource areas protected by this by-law. The project shall not be segmented
to avoid being subject to the consultant fee. The applicant shall submit estimated project
costs at the Commission's request, but the lack of such estimated project costs shall not
avoid the payment of the consultant fee.
SECTION 8 BECOMES SECTION 9-NO CHANGE
INSERT
SECTION 10
All Orders of Conditions shall expire three years after the date of issuance. The
Conservation Commission shall have the authority to extend an order of conditions for an
additional period or may deny such extension,according to regulations promulgated under
authority of this By-Law.
•
For good cause,the Conservation Commission at a public hearing may revoke or modem an
Order of Conditions or a Determination of Applicability issued under this By-law, after
notice to the holder of the Order of Conditions or Determination, and notice to the public,
abutters and town boards,pursuant to Section 2. Good cause for such revocation or
modification shall include the following:
(a) Failure by the applicant or his successors to comply with the terms of the
Order of Conditions or Determination of Applicability;
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Adjourned Session-1997 Annual Town Meeting cont...-March 26. 1997
(b) The receipt of new information relating to the project,which indicates that
previous information presented to the Conservation Commission was
inaccurate;or
(c) Changes to the project after completion of the Conservation Commission's
review.
SECTION 9 BECOMES SECTION 11 -NO CHANGE
SECTION 10 BECOMES SECTION 12 -NO CHANGE
Mr.Hamilton summarized five significant changes to the by-law,including changes
to consultant fees, shifting responsibilities to applicants, protected resource areas,
designation of additional interests,and modifying/revoking order of conditions.
8:24 p.m. Selectman Eddison stated unanimous support of the Board of Selectmen.
Discussion followed. Questions were raised regarding issues around land subject to flooding,
vernal pools,and requirements for notifying abutters.
Anne Ripley,Pr.6,submitted an amendment to change the requirement for a five day advance
notification to abutters to fifteen day advance notification. After discussion and an
explanation by William Hamilton of the Conservation Commission that the 15 day advance
notice would be unworkable,Anne Ripley withdrew her amendment.
Following a voice vote at 8:38 p.m.,the Moderator declared adoption of the motion. 774
ARTICLE 31: LEGISLATION/TOWN WIDE REFERENDUM VOTE
8:38 p.m. Selectman Daniel Busa requested that Article 31 be taken up at this time
and asked the Moderator to recognize Stephen Tripi,Pr. 8, for presentation of the
motion.
MOTION: That the Selectmen be and they hereby are authorized to petition
the General court for an act which would require a town-wide referendum vote for
the approval of any fiscal year's operating budget exclusive of line items funded by
enterprise funds, which exceeds the prior fiscal year's operating budget by more
than three percent.
8:41 p.m. Mr.Tripi presented the article. He commented about the lack of
effectiveness of Proposition 2'/a in the cost of government in Lexington.
He requested that the members support the motion.
8:44 p.m. Selectman Peter Enrich stated that a majority of the Board of Selectmen
opposed the motion and that it would be an unworkable restraint on
the Town's decisionmaking. --,1
8:45 p.m. Paul Lapointe, Chairman of the Appropriation Committee, announced the
Committee was unanimously opposed to the motion. He explained that
sufficient checks and balances existed in the budget process.
8:48 p.m. Perry Pollins, 14 Peachtree Road and a resident of Pr. 5, spoke from the
balcony in support of the motion.
8:51 p.m. Charles Shaw,Pr. 1, spoke in support of the motion and requested a roll
call vote.
293
Adjourned Session-1997 Annual Town Meeting.cont...-March 26, 1997
The Moderator declared that with fifty members standingin support of a
roll call vote,.a roll call was in order when the vote is taken.
9:00 p.m. Priscilla Diamond, Pr.• 6, asked Town Counsel Norman ohen what
decisions made at town meeting are currently subject:to' town-wide
referenda.
9:02 p.m. William Simmons,Pr.6,spoke tri support of the motion.
9:03 p.m. Albert Zabin,Pr.1,spoke in support of representative town meeting and
against the motion. Additional speakers against the motion were: Peter
Diamond,Pr.6,Carolyn Tiffany,Pr.8,Edith Sandy,Pr.6,Heather
Hartshorn,Pr.2,Richard Eurich,Fr.3,and Marsha Byrnes,Pr.5.
Additional speakers in favor of the motion were: Mr. Geza Szonyi of
177 Cedar Street,Tim Travers of 21 Chadbourne Rd.,Neal Boyle,Pr. 8,
John Hayward, Pr.5, Dennis O'Connor, Pr. 6, James Barry, Pr.1, and
Robert Cohen,Pr.3.
9:30 p.m. Marsha Baker, Pr.7, moved the question. Following a voice vote, the
Moderator declared the main motion to be put before the Meeting.
9:31 Stephen Tripi presented summary comments.
9:32 The Town Clerk tallied the roll call vote as follows:
Yes No Abstain Absent
Precinct 1 10 8 3
Precinct 2 4 16 1
Precinct 3 6 11 4
Precinct 4 4 15 2
Precinct 5 5 14 2
Precinct 6 2 17 2
Precinct 7 4 15 2
Precinct 8 4 15 2
Precinct 9 6 15
At Large 2 3 4
Total 47 129 4 18
The metiers- di.d not pass,
If:
Adjourned Session- 1997 Annual Town Meeting cont...-March 26, 1997
Member Yes No Ab- Ab- Member Yes No Ab- Ab-
stain sent stain sent
At Large Timothy P.Enright X
Margery M.Battin X •Leonora K.Feeney X
Daniel P.Buss,Jr. X Karen Gray X
Norman P.Cohen X Heather L.Hartshorn X
Elizabeth B.Eddison X Marita B.Hartshorn X
Peter David Enrich X Myla Kabat-Zinn X
Dan H.Fenn,Jr. X Katherine Kiefer X
Donna M.Hooper X Paul H.Lapointe X
Jay R.Kaufman X. Daniel A.Lucas X
Leo P.McSweeney X Barry Orenstein X
Michael J.O'Sullivan X
Precinct 1 Rene D.Vanin X
Joel A.Adler X Christina J.Welch X
Nancy M.Adler X Alan B.Wilson X
James E.Barry X Carolyn C.Wilson X
Laura L Boghosian X Donald D.Wilson X
Mary Bowes X James S.Wilson X
John P.Breen X
Francis P.Busa X • Precinct 3
Jean W.Cole X Samuel Berman X
Jonathan G.Cole X John P.Carroll X
John E.Curry X Robert N.Cohen X
Joseph J.Dini • X Bruce Collier X
Marsha S.Goldberg X Jacqueline B.Davison X
Nancy C.Gordon ' X Richard R.Enrich X
Bany E.Sampson X Shriley Ranson X
Frawley
Carol J.Sampson X Carol J.Grodzins X
Charles E.Shaw X Gloria V.Holland X
Thomas B.Sullivan X Paul E.Keane X
Paul G.Topalian X Jeanne K.Krieger X
Albert P.Zabin X Douglas M.Lucente X
Judith L.Zabin X Marjorie K.Madoff X
Rae Zuemdorfer X Marilyn K.Manson X
Eric Jay Michelson X
Precinct 2 Mary E.Neumeier X
Marian A.O.Cohen . X Richard L.Neumeier X
Robert W.Cunha X Paul J.Rose X
Thomas R.Diaz X Robert Rotberg X
Karen A.Dooks X Francis W.K.Smith X
Caleb Warner X
295
Adjourned Session-1997 Annual Town Meeting cont...-March 26, 1997
Member Yes No Ab- Ab- Member Yes No Ab- Ab-
stain sent stain sent
Precinct 4 James M.Shaw X
� I!
Nyles Nathan Barnert X Sam Silverman X
Nancy M.Cannalonga X Charles T.Vail X •
Nicholas A.Cannalonga X Melinda D.Vinton X
- Donald A.Chisholm X Ephraim Weiss X
Stephen E.Coit. X David G.Williams X
Ronald W.Colwell X Mary Kathryn Wolf X
John L.Davies X
David J.Harris X Precinct 6
Carol B.Hartmann X Michael R.Barry X
Peter C.J.Kelley X Suzanne E.Barry X
Frederick L.Merrill,Jr X Florence A.Baturin X
Barrie Peitz X Cynthia L.Blumsack X
Margaret F.Rawls X Marjorie M.Daggett X
Kenneth A.Reich X Marshall J.Derby X
li
Nicholas Santosuosso X Peter Diamond X
Sandra J.Shaw X Priscilla Diamond X
Ruth S.Thomas X Bebe Fallick X
Judith J.Uhrig X Edmund C.Grant X
Michael Wagner X David L.Kaufman X
Jeannette P.Webb X Alan J.Lazarus X
Martin K.White X Dennis M.O'Connor, X
Jr.
Jane Pagett X
Precinct 5 Richard Pagett X
Douglas C.Boyer X Anne A.Ripley X
Marsha F.Byrnes X Edith Sandy X
{
Howard Cravis X Frank Sandy X
Wallace Cupp X William B.Simmons X
Irene M.Dondley X Sheldon A.Spector X
Elaine Dratch X John S.Willson X
Andrew J.Friedlich X
_
Joseph F.Gilbert,Jr. X Precinct 7
Paul E.Hamburger X Catherine M.D.Abbott X
John Hayward X Marsha E.Baker X
Sally S.Huebscher X Neal E.Boyle,Jr. X
Carol A.Liff X George A.Burnell X
Margaret C.Nichols X Steven L Colman X
Samuel L.Powers X Clark A.Cowen X
296 .
Adjourned Session-1997 Annual Town Meeting cont...-March 26 1997
Member Yes No Ab- Ab- Member Yes No Ab- Ab-
stain sent stain sent
Precinct 7 cont.. Precinct 9
Robert G.Coyne X Alice J.Adler X
Robert M.Farias X Richard L.Canale X
Audrey J.Friend X Michelle L.Ciccolo X
Alan Garber X Anthony B.Close X
Gordon M.Hardy, X Margaret E.Coppe X
David G.Kanter X Susan R.Cusack X
Jonathan S.Lederman X Susan A.Elberger X
Fred H.Martin X Thomas O.Fenn X
Mary W.Miley X Frank J.Kava X
David G.Miller . X Louise V.T.Kava X
Joyce A.Miller X Janice A.Kennedy X
John E.Taylor X Henry Norman Manz X
James C.Wood,Jr. X Paul E.Mazerall X
Martha C.Wood X Dawn E.McKenna X
Alan A.Wrigley X Isabel H.Mroczkowski X
Janet M.Perry X
Precinct 8 Richard M.Perry X
Richard FL Battin X Loretta A.Porter X
Roger F.Borghesani X Fred D.Rosenberg X
Elizabeth J.Bryant X Richard Schaye X
Florence E.Connor X Michael E.Schroeder X
John T.Cunha X
Anne E.Frymer X
Diana T.Garcia X
Ione D.Garing X
Charles Hornig X TOTAL VOTE 47 129 4 18
Steven J.Hurley X
Donald Jenkins,Jr. . X
Paul W.Jenkins X
Morton G.Kahan X
Alan Mayer Levine X
Richard A.Michelson X
H.Bigelow Moore X
James A.Osten X
Margaret Bradley X
Schwartz
Carolyn H.Tiffany X
Elizabeth C.Whitman X
Robert V.Whitman X j,
• 297
Adjourned Session-1997 Annual Town Meeting cont...-March 26, 1997
ARTICLE 36: TOWN GOALS RELATING TO HANSCOM DEVELOPMENT
9:54 p.m. Presented by Carolyn Tiffany,Pr. 8
MOTION:Move that the Town vote to adopt the following set of goals to guide the
actions of the Board of Selectmen,the Planning Board,and other town
Officials in dealing with issues relating to the future use and development
of Hanscom Field by the Massachusetts Port Authority.
Goals:
1. To protect the national historical and cultural heritage of this area,recognizing
that our towns are the nation's birthplace and as such have a unique and higher
responsibility in addition to the normal municipal and commercial interests and
claims.
2. To protect the character and quality of life of Lexington.
3. To prevent the increased noise,ground traffic and environmental pollution that
would result from land development,the expansion of air traffic at Hanscom
Field or changes in the character and use of the airport.
4. To protect our town and our residents from any significant financial costs or
loss of economic opportunity caused by land development or aviation
operations at Hanscom Field.
5. To ensure that Lexington is recognized as a town that is affected by any land
development at Hansomm Field, no matter in which community that
development takes place,and is thus subject to the land use policy statement
of Massport's Master Plan for Hanscom Field.
6. To work diligently to mitigate the impact of existing Hanscom related noise
and ground traffic conditions in our area.
7. To negotiate a binding agreement with Massport which would ensure full and
equal participation by the town in any and all decisions that could result in
aviation or other expansion,development,or changes in the character or use
of Hanscom Field.
10:04 p.m. Selectman.Dan H. Fenn, Jr. stated the unanimous support of the Board of
Selectmen.
10:05 p.m. Richard Canale moved to file with the Town Clerk the report of the Planning
Board,"Land Use in Relation to the Hanscom.Area Master Plan Study"and
requested that the report of the Board be accepted and placed on file. The
report was accepted and placed on file. He stated unanimous support of the
Planning Board for this motion.
Kenneth Reich, Pr.4, has filed with the Town Clerk a letter stating he is
abstaining from voting on all Hanscom Field articles-Article 36,37,and 38.
10:07 p.m. After a voice vote,the Moderator declared unanimous adoption of the motion
under Article 36.
ARTICLE 37: PLANNING AND LEGAL SERVICES-HANSCOM
10:08 p.m. Presented by Margaret Coppe,Pr.9.
MOTION: That the town support the action of the Board of Selectmen
of setting aside the sum of$25,000 from the regular budget,to be used for,
but not limited to,planning consultants,legal counsel, or other professional
assistance deemed necessary by the Selectmen to protect the Town's interest
in connection with the future use and development of Hansom Field.
10:09 p.m. Selectman Dan H.Fenn,Jr. stated that the Board unanimously supports the
motion.
10:09 p.m. Richard Canale declared unanimous support of the Planning Board.
Adjourned Session- 1997 Annual Town Meeting cont...-March 26. 1997
10:10 p.m. Ronald Colwell stated unanimous support of the Appropriation Committee.
10:10 p.m. After a voice vote the Modertor declared unanimous adoption of the motion.
(Kenneth Reich,Pr.4,has filed with the Town Clerk a letter stating
he is abstaining from voting on all Hanscom Field articles-Article 36,
37,and 38.)
ARTICLE 38: HANSCOM AGREEMENTS APPROVAL BY TOWN MEETING
•
10:11 p.m. Presented by Andrew Friedlich,Pr.5.
Motion: I move that the following apply to all future development at Hanscom Field.
1. That the HATS representatives and/or the Board of Selectmen keep Town Meeting
apprised ofHanscom Field issues by reporting regularly to the Town Meeting of the
Town Meeting Members Association Executive committee on their activities
regarding Hanscom Field.
2. That any agreement negotiated between HATS and/or the Board of Selectmen and
MassPort on specific proposals at Hansom Field be brought to Town Meeting for a
vote or a resolution of approval prior to ratification.
3. That it is the view of Town Meeting that MassPort conform to local zoning
regulations with respect to any development at Hanscom Field.
10:14 p.m. Mr. Friedlich asked the Moderator to recognize former Town Meeting
Member Julian Bussgang to discuss past experience with Hanscom issues. Mr.
Bussgang urged a favorable vote.
10:17 p.m. Selectman.Dan H. Fenn,Jr. stated the importance of the community and
Board of Selectmen working together on Hanscom issues and that the views
of town meeting are very helpful to the Board of Selectmen. The Board of
Selectmen unanimously supports the motion.
10:18 p.m. Richard Canale stated unanimous support of the Planning Board.
10:20 p.m. Mr.Friedlich asked the Moderator to recognize Florence Koplow
of 9 Brent Road to speak in support of the article.
10:28 p.m. Jacqueline Davison,Pr.3 rose to acknowledge the leaders against Hanscom
expansion.
10:30 p.m. Jonathan.Lederman,Pr. 7 moved the question. Following a voice vote at
10:30 p.m.the Moderator stated the question to be put before the Meeting.
10:30 p.m. After a voice vote,the Moderator declared adoption of the motion.
(Kenneth Reich,Pr.4,has filed with the Town Clerk a letter stating
he is abstaining from voting on all Hanscom Field articles-Article 36,
37,and 38.)
ARTICLE 40: RETIREMENT BOARD MILITARY SERVICE BUY-BACK
10:31 p.m. Presented by Robert Cunha,Pr.2.
MOTION: That the provisions of Chapter 71 of the Acts of 1996 which provides
that members in service and who are veterans, as defined in Section 1 of Chapter
32 of the General Laws may purchase up to four years of creditable service
corresponding to their periods of active service in the armed forces,be accepted.
Robert Cunha explained that the Retirement Board had retained an actuarial to ascertain
potential costs of enactment chapter 71 of the Acts of 1996. He also indicated that to date
approximately 44 of 106 Massachusetts retirement systems have adopted Chapter 71.
299
Adjourned Session-1997 Annual Town Meeting cont...-March 26, 1997
Employees of Lexington Public Schools qualify for military credit buy-back through the state
retirement system. Passage of this motion would help to bring equity to municipal/school
employees.
10:34 p.m. Selectman Elizabeth Eddison stated the unanimous support of the Board of
Selectmen..
10:34 p.m. Paul LaPointe stated the unanimous support of the Appropriation Committee.
10:35 p.m. Carol Grodzins,Pr.3,questioned the merits of passage of this motion.
After some discussion,at 10:35 p.m. John Hayward,Pr.5 moved the question.
The Moderator put the question to the members,who voted in the negative.
Discussion continued.
10:36 p.m. Mr. Cunha asked the Moderator to recognize Actuary, Barry Gilman, of
William Mercer Co.,to answer further questions and projecting costs.
10:45 p.m. Selectman Daniel Busa explained that the Town would experience lower
payroll costs with replacement of long-time employees who retire with lower
salaried persons. He also explained that buy-back provisions require
employees to make payments for years being purchased.
Following a voice vote the Moderator
10:48 p.m. Sheldon Spector,Pr.6 moved the question. declared the motion before the Meeting.
10:49 p.m: Following a voice vote,the moderator declared adoption of the motion. 16*
10:49 p.m. Jane Pagett,Pr.6 rose to doubt the vote,at least 20 members rose in support,
thus requiring a standing vote,which tallied as follows:
Precinct -Yes No
1 8 4
2 10 1
3 4 11
4 3 11
5 9 7
6 5 10
7 5 3
8 10 3 [;
9 12 3 '=
At Large 15 2
Totals 81 60
10:51 p.m. The moderator declared the adoption of the motion:
10:5.1 p.m. Carol Grodzins,Pr.3 served Notice of Reconsideration.
ARTICLE 41: RETIREMENT BOARD MEMBERS COMPENSATION
10:53 p.m. Presented by Robert Cunha,Pr.2.
MOTION: That this article be indefinitely postponed.
After a voice vote at 10:53 p.m.the Moderator declared adoption of the motion.
10:54 p.m. Leo McSweeney, Chairman of the Board of Selectmen, moved that the
meeting be adjourned until Monday,March 31, 1997,at 8:00 p.m.,in Cary Memorial Hall.
Following a voice vote at 10:55 p.m.,the Moderator declared the meeting to be adjourned.
i
A true copy:
Attest: '71. 411/
Donna M.Hooper,Tow Clerk
�9U
ADJOURNED SESSION-1997 ANNUAL TOWN MEETING
MARCH 31, 1997
On a stormy, snowy evening,Moderator Margery M. Battin called the third session of the
1997 Annual Town Meeting to order at 8:00 p.m., in Cary Memorial Hall. The
Moderator questioned the presence of a quorum.
Town Clerk Donna M.Hooper stated that a quorum was not present. (Those in attendance
were:Moderator Margery M. Battin;Town Clerk Donna M. Hooper; Selectman Leo P.
McSweeney; Town Counsel Norman P. Cohen;Town Manager Richard J. White; and
William Hadley, Department of Public Works.)
8:01 p.m. Leo McSweeney,Chairman of the Board of Selectmen,moved that in the
absence of a quorum the meeting be adjourned until Wednesday,April 2, 1997,at 8:00
p.m.,in Cary Memorial Hall.
Following a voice vote at 8:02 p.m.,the Moderator declared the meeting to be adjourned.
A true copy:
Attest: 8'WV •1
Donna M.Hooper,Town 'erk
•
3$
ADJOURNED SESSION-1997 ANNUAL TOWN MEETING
APRIL 2, 1997
The fourth session of the 1997 Annual Town Meeting was called to order by Moderator
Margery M. Battin at 8:05 p.m.,in Cary Memorial Hall.
A quorum of 172 members was present.
The Moderator acknowledged the assistance of the Department of Public Works who made
it possible for herto reach Cary Hall during the blizzard on Monday, March 31, 1997 to
convene and adjourn Town Meeting.
_.. The Moderator explained the evening's articles to be addressed, with financial articles
taken up in numerical order except for article 23. Article 24 will be taken up after article
39, and article 27 will be taken up on April 14, article 28 on April 16.
Members were reminded that under Article 4, the final budget cannot exceed the limits of
proposition 2 1/2. The Moderator reviewed the procedure for article 4, explaining that the
vote on Article 4 will be taken immediately after the final line item. Paul Lapointe,
chairman of the Appropriation.Committee, will move notice of reconsideration of Article
4 after the vote is taken. Individuals wishing to serve notice of reconsideration on
individual line items shall do so within the required 30 minutes of vote on Article 4.
ARTICLE 2. REPORTS OF COMMITTEES
8:08 p.m. The Moderator recognized Dr. Jeffrey Young, Superintendent of Schools,
who reported on Chapter 766- Special Education.
8:20 p.m. - Chairman Leo McSweeney requested the Moderator to recognize the Town
Manager,Richard J. White to present the report of the Town Manager.
8:30 p.m. Chairman McSweeney moved to accept and place on file the report of the
Town Manager.
8:32 p.m. Following a unanimous voice vote at 8:32 p.m.,the Moderator declared the
report of the Town Manager accepted and placed on file.
8:32 p.m. Karen Dooks,Chairman of the Capital Expenditures Committee,moved that
the report of the Capital Expenditures Committee accepted and placed
on file.
8:37 p.m. Following a unanimous voice vote at 8:32 p.m.,the Moderator declared the
report of the Capital Expenditures Committee accepted and placed on file.
8:38 p.m. Paul Lapointe,Chairman of the Appropriation Committee, moved that the
report of the Appropriation Committeebe accepted and placed on file.
Mr.Lapointe recognized contributions of past and present members of the
Committee and assistance of John Ryan, Finance Director.
8:47 p.m. Following a unanimous voice vote at 8:47 p.m. the Moderator declared the
report of the Appropriation Committee acceptedand placed on file.
ARTICLE 4: OPERATING BUDGET
8:48 p.m. Presented by Chairman Leo P. McSweeney
MOTION: That the following amounts be appropriated for the ensuing fiscal
year and be raised in the tax levy except where a transfer is indicated they shall
be provided by such a transfer.
I I
5U14
Adjourned Town Meeting-April 2, 1997 cont...
8:49 Barrie Peitz, School Committee Chairman, presented comments on School
Department financial requests. Ms. Peitz explained that line item 1100 and Articles
22 and 23 were three vital components of a broad design for service levels and
capital expenditures.
8:52 Ms.Peitz requested the Moderator recognize Superintendent of Schools Dr. Jeffrey
Young for a formal presentation. Dr. Young presented an overview summary of
budget increases and reviewed a summary of the 1998 budget requests.
F.dnraYinn
1100 Lexington Public Schools $42,403,743
(And further that the School Department is authorized to enter into
equipment lease/purchase agreements from time to time provided that
each such agreement is subject to annual appropriations.)
1200 Minuteman Regional School 721,950
9:05 p.m. Presented by Jane Pagett,Lexington representative to the
Minuteman Regional School.
Ms.Pagett recommends approval of line item 1200 at the requested amount. Ms.
Pagett has concerns about the budget, but in the short term, requests Lexington
make payments to Minuteman in accordance with the previously negotiated
agreement.
9:15 p.m. Paul Lapointe, Appropriation Committee Chairman, spoke to
acknowledge the outstanding work of Jane Pagett as the Lexington
representative to Minuteman. He also expressed the concerns of the
Appropriation Committee:
1. Minuteman's cost structure is still too high, its spending over twice the
foundation budget for vocational schools as identified by the state;
2. Minuteman's practice of estimating revenues fails to budget revenues
such as tuition, choice students from other towns, interest income, etc.
3. Minuteman's fund balance growth from 15% to 32%;
9:23 p.m. Mr. Lapointe presented the following substitute motion for
line item 1200:
MOTION: With respect to the FY 1998 Budget and $721,950 assessment
proposed by the Minuteman Regional Vocational School Committee,
I move that Town Meeting take the following actions:
1. Reject the proposed budget and assessment because:
a. Minuteman's costs remain too high relative to several benchmarks.
b. Minuteman's proposed budget does not include over $3 million the
District will collect in FY 1998.
c. Minuteman's fund balances are extraordinarily high.
d. Minuteman has no policy regarding fund balances and cash reserves.
2. Appropriate$51,365 to a separate line item for the Middle School program
Minuteman conducts in the Lexington middle schools.
3. Appropriate$470,585 to Line Item 1200 for Lexington's FY 1998
Minuteman assessment.
4. Appropriate $200,000 to a separate line item as a Minuteman assessment
reserve, said reserve to be allocated to Line 1200 only at such time and
in such amount as may be required to pay Lexington's FY 1998
assessment as finally voted by the Minuteman School Committee.
9:23 p.m. Mr.Lapointe explained justification for passage of this amendment.
9:25 p.m. Nyles Barnert,former Chairman of Minuteman's School Committee,
spoke in opposition to the substitute motion.
April l, 1997 cont.. 303
Adjourned Town Meeting-
Sam Silverman,Pr.5,questioned if the action had been coordinated
9:28 p.m• impact on the budgetthat
with the six other com to agreement. Mr Lapointe explained communities didn't come to
Arlington,Belmont and Lexington finance committees have been
working together and will inform the other communities.
9:33 p.m. Thomas.Diaz,
Pr.2, sought clarification from Ms.Pagett about the �.
one-town one-vote policy.
9:36 p.m. Bruce Collier,Pr.3, spoke in support of the substitute motion
Kenneth Reich, Pr.4, sought clarification from Town Counsel
Norman F. Cohen regarding
9:40 p.m• the current Minuteman agreement.
"--
9:45 p.m. Marita Hartshorn,Pr•2, spoke in support of the substitute motion.
9:47 p.m. Selectman Leo McSweeney stated that the Board had discussed the
Minuteman budget at length and has met with SuperintendentRon
Fitzgerald. The Selectmen support the motion as.originally
ated
and oppose the substitute motion.
9:50 p.m.
George Burnell, Pr.7, spoke of the importance of the Minuteman
school and his concerns that its s ofothee substitute motion l committee was eof g.
the
Mr. Burnell-requested support
Appropriation Committee.
9:51 p.m. After a voicevote the Moderator declared the substitute motion
adopted and now part of the main motion.
Employee Benefits 3,121,803
2110 Contributory Retirement
(Of which$65;762 is to be transferred from the Water Enterprise Fund
and$16,441 is to be transferred from the Sewer Enterprise Fund.) 183,036
Retirement4
2120 Non-Contributory575,85
2130 Insurance
(Of which$46,074 is to be transferred from the Water Enterprise Fund,
$11,519 is to be transferred from the Sewer Enterprise Fund and$50,995
is to be transferred from the Health Trust.)
(and further that amounts appropriated in this article for employee health
and life insurance shall be transferred to this account to fund cost items(a)
included in collective bargaining agreements reached between the Town and
employee organizations and(b)resulting fromsuch agreements as they bear
on the Town employee compensation plan.) 50,000
2140 Unemployment Benefits 52,393
2150 Police/Fire Medical
Debt Service
2210 Payment on Funded Debt
2220 Interest on Funded Debt 2,191,00039 ,000
2230 Temporary Borrowing 77,029
2240 Exempt Debt 1,100,500
Operating Articles
2310 Reserve Fund 150,000
2320 Municipal Salary Adjustments 187,279
(Of which$10,520 is to be transferred from the Water Enterprise Fund and
$4,361 is to be transferred from the Sewer Enterprise Fund.)
(Such sum of$187,279 is appropriated to fund cost items(a)included in
collective bargaining agreements reached between the Town and employee
organizations and(b)resulting from such agreements as they bear on the
Town employee wage and salary plan. The amount voted is to be
distributed among personal sePvices accounts as authorized by the Board of
Selectmen.)
304
Adjourned Town Meeting-April 2, 1997 cont...
Organizational Expenses •
2410 Municipal Services&Expenses Personal Services 80,419
2410 Municipal Services&Expenses 93,371
2420 Municipal Network Expenses 11,400
C.ommnnity.Services
3000 DPW Personal Services 3,145,955
(Of which$266,587 is to be transferred from the Water Enterprise Fund,
$66,647 is to be transferred from the Sewer Enterprise Fund, $70,084 is
to be transferred from the Parking Meter Fund, $100,000 is to be
transferred from the Cemetery Trust Funds and$46,520 is to be transferred
from the Recreation Enterprise Fund.)
3000 DPW General Expenses 4,177,052
(Of which$204,958 is to be transferred from the Water Enterprise Fund,
$51,395 is to be transferred from the Sewer Enterprise Fund, $448,317 is
to be transferred from the Recreation Enterprise Fund and$105,500 is to
be transferred from the Parking Meter Fund; and provided further that the
(And further that the Town Manager is authorized to enter into communi-
cations equipment agreements, equipment lease/purchase agreements from
time to time provided that each such agreement issubject to annual appropriations.)
(And in addition that$75,000 of expenses for the sale of burial containers
and biodegradable bags be funded by the receipt of$75,000 in anticipated
revenues, and that the retained earnings from FY 96 in the amount of
$20,527.03 may be closed to the General Fund.)
(And in addition State/Federal Grants, site generated revenue and/or
refuse stabilization funds as permitted under existing agreements may be
used to meet Division of Environmental Protection guidelines at the
Hartwell Avenue landfill site.)
(And to permit the Town to enter into agreements with either private or
public entities in order to enhance public services, increase revenue,
improve efficiency, or save money to the benefit of the Town.)
9:56 p.m. Dawn McKenna, Pr.9, asked why the expenses pertaining to the
operation of the Pine Meadows golf course are not reflected in the
Recreation line item rather than Public Works.
Town Manager Richard J. White explained that the expenses could
be placed in either budget:but that the decision to include in the
Public.Works budget was made three years ago.
Ms.McKenna stated that it was the intent of the enterprise fund to
cover the expenses and suggests the Selectmen review the policy
with the respect to allocation of enterprise funds.
10:00 p.m. James Barry,Pr.l,questioned the references to burial containers and
biodegradable bags.
10:01 p.m. Ephraim Weiss, Pr.5, questioned references to agreements
authorized in the line item wording.
10:02 p.m. Town Manager Richard White explained that regional arrangements
with other communities and agencies require the approval of Town
Meeting, i.e., stabilization fund for NESWC.
3600 Transportation Personal Services 53,384
10:03 p.m. Dawn McKenna, Pr.9, stated her deep concern that the
Transportation services are now part of the Department
of Public Works budget.
3600 Transportation Expenses $182,559
(Of which$80,000 is to be transferred from the Parking Meter Fund.)
Adjourned Town Meeting-April 2, 1997 cont...
3700 Water Department 3,792,335
(And that to raise such amount$3,792,335 be transferred from
the Water Enterprise Fund.)
3800 Sewer Department 6,406,463
(And that to raise such amount$6,406,463 be transferred from
the Sewer Enterprise Fund.)
10:05 p.m. Marjorie Dagett, Pr.6, stated her concern for fairness in rate
payers and requested the Board of Selectmen appoint a committee
to look into the in-lieu of tax payments.
Public Safety
4200 Law Enforcement Personal Services 3,529,932
(Of which$161,017 is to be transferred from the Parking Meter Fund.)
4200 Law Enforcement Expenses 327,844
(Of which$13,000 is to be transferred from the Parking Meter Fund.)
4300 Fire Department Personal Services 2,893,973
10:06 p.m. Sheldon Spector, Pr.6, questioned if the fire overtime is under
funded in this line item, as it has been over the past few years.
Town Manager Richard White explained that it was dependent upon
the results of ongoing arbitration.
Paul Lapointe, Appropriation Committee, commented on the same
issue and stated that the Committee feels it may be under funded and
prefers to have$100,000 added to the budget.
4300 Fire Department Expenses 285,407
C'.nlhtre and Recreation
5100 Library Personal Services 1,039,871
5100 Library Expenses 225,078
5200 Recreation Department 648,038
(And to raise such amount$648,038 be transferred from the
Recreation Enterprise Fund.) •
5300 Public Celebrations 17,050
Human Services
6100 Council on Aging Personal Services 140,236
6100 Council on Aging Expenses 165,721
6210 Veterans Administration Personal Services 27,597
6210 Veterans Expenses 29,913
6310 Services for Youth 71,929
6320 Services to Developmentally Disabled 13,184
Inspectional Services/Cnmmnnity Development
7100 Inspectional Services Personal Services 457,898
7100 Inspectional Services Expenses 55,039
(And in addition the provisions of Chapter 44, §53E 1/2 are accepted for the
purposes of administering the consultant fee provision of Chapter XXXII of the
General By-Laws.)
10:11 p.m. Ephraim Weiss, Pr.5, questioned reference to Chapter 44, etc.
Town Counsel Norman P. Cohen explained that the reference
resulted from earlier passage of Article 25 of this meeting.
7200 Planning Personal Services 139,010
7200 Planning Expenses 7,000
306
Adjourned Town Meeting-April 2, 1997 coat...
Execntivp
8110 Selectmen Personal Services 53,176
(Of which$2,622 is to be transferred from the Water Enterprise Fund and
• $655 is to be transferred from the Sewer Enterprise Fund.)
8110 Selectmen Expenses 77,829
8120 Town Manager Personal Services 276,552
(Of which$35,118 is to be transferred from the Water Enterprise Fund and
$8,780 is to be transferred from the Sewer Enterprise Fund.)
8120 Town Manager Expenses 15,370
8130 Town Report 6,000
Leg slativee
8210 Appropriation Committee Expenses 800
8220 Miscellaneous Boards&Committees Expenses 8,500
Finance
8310 Comptroller Personal Services 285,534
(Of which$96,867 is to be transferred from the Water Enterprise Fund and
$24,217 is to be transferred from the Sewer Enterprise Fund.)
8310 Comptroller Expenses 84,684
8320 Revenue Personal Services 201,972
(Of which$80,194 is to be transferred from the Water Enterprise Fund and
$13,268 is to be transferred from the Sewer Enterprise Fund.)
8320 Revenue Expenses 13,920
(And in addition that$7,500 of expenses generated from enrollment in the
Flexible Spending Plan be funded by the receipt of$7,500 in anticipated
revenues.)
(And further that the Treasurer and Collector is hereby authorized to enter
into compensating balance agreements during fiscal years 1998, 1999 and
2000, as permitted by General Laws Chapter 44, Section 53F.)
8330 Assessors Personal Services 199,417
(Of which$4,465 is to be transferred from the Water Enterprise Fund and
$1,116 is to be transferred from the Sewer Enterprise Fund.)
8330 Assessors Expenses 79,000
8340 Data Processing Personal Services 88,833
(Of which$26,656 is to be transferred from the Water Enterprise Fund and
$6,664 is to be transferred from the Sewer Enterprise fund.)
8340 Data Processing Expenses 167,300
Staff
8410 Legal Fees&Expenses 211,150
10:15 p.m. Sheldon Spector, Pr.6, questioned if previous year's budgets
for legal expenses exceeded budget amount and if the Town
recovers any legal expenses.
Town Manager Richard White explained that the Town is
not anticipating a reserve fund transfer for this line item
for 1997.
Town Counsel Norman Cohen explained that its very difficult
to recover lawyers fees even if the Town prevails.
8420 Town Clerk Personal Services 135,091
8420 Town Clerk Expenses 2,895
8430 Board of Registrars Personal Services 1,825
8430 Board of Registrars Expenses 19,875
8440 Elections Personal Services 19,140
8440 Elections Expenses 15,590
307
Adjourned Town Meeting-April 2, 1997 cont...
10:17 p.m. Joel Adler,Pr.1,stated his concern that funds in the water and sewer
budget are non-tax deductible payments from citizens.
• 10:18 p.m. Appropriation Committee Chairman Paul Lapointe stated the
Committee's support of Article 4 as amended and expressed
• the Committee's concern with Special Education funding for
FY98, concerns with the Fire Department overtime possibly
be under funded, and the first-time sewer enterprise fund transfer
is being used to balance the budget. The Committee believes the
Town needs a policy on in-lieu-of-tax payments.
10:20 p.m. Michael Schroeder, Pr.9, questioned the sewer enterprise funds
payment in lieu-of-taxes. Line item 3800 reflects such payment.
Mr. Schroeder referenced M.G.L. Chapter 44 section 53F 1/2 and
availability of revenue budget detail.
Town Manager Richard White explained that the enterprise fund
language requires all communities to follow certain procedures and
generally accepted accounting procedures. Other policy issues exist.
10:28 p.m. George Burnell, Pr.7, requested of the Moderator a point of •
information, asking if the procedure of payment in lieu of taxes
followed by Lexington is legal.
Town Counsel Norman Cohen stated Lexington's procedure was
legal.
10:30 p.m. Paul Lapointe, Appropriation Committee, stated availability of
schedule of revenues from the Finance Department.
10:30 p.m. William Simmons,Pr.6,expressed a need for the community to
look closely at the school budgets(line items 1100 and 1200)before
these line items overtake the budget.
10:33 p.m. Neal Boyle, Pr.8, commented on the effectiveness assisted hearing
devices available at Town Meeting. Mr.Boyle also stated that any
funds taken out of enterprise funds for anything else other than
intended purpose is a means of increasing taxes.
10:34 p.m. Kenneth Reich,Pr.4,questioned Town Manager White on the
$250,000 used to balance the budget,an unexpended expenditure
which reverts back to free cash.
10:35 p.m. Bruce Collier,Pr.3,commented on the cost of the school budget
and enterprise fund usage.
10:37 p.m. After a voice vote,the Moderator declared the motion,as amended,adopted.
10:37 p.m. Paul Lapointe, Appropriation Committee,served notice of reconsideration
on Article 4.
10:38 p.m. Leo McSweeney, Chairman of the Board of Selectmen, served notice of
reconsideration of Article 4,line item 1200.
10:38 p.m. Leo McSweeney, Chairman of the Board of Selectmen, moved that the
meeting be adjourned until Monday,April 7, 1997 at 8:00 p.m.
Adopted by voice vote. 10:38 p.m.
A true copy. p
Attest: .
Donna M.Hooper,To l n Clerk
I i
ADJOURNED SESSION- 1997 ANNUAL TOWN MEETING
APRIL 7, 1997
The fifth session of the 1997 Annual Town Meeting was called to order by Moderator
Margery M. Battin at 8:05 p.m., in Cary Memorial Hall.
A quorum of 168 members was present.
The Moderator explained the order of articles to be taken up this evening, beginning with
Article 5 and proceeding in order. Article 23 has been scheduled for April 9, with Article
22 to be taken up after 23,and Zoning Article 27 and Article 28 on April 14 and April 16
respectively.
ARTICLE 2: REPORTS OF COMMITTEES
8:07 p.m. The Moderator recognized Fred Merrill of the Planning Board for
a status report on Zoning Articles 27 and 28. Mr. Merrill stated that the
sponsors of Article 27, at 55 Hayden Avenue, have scheduled an
information meeting for Wednesday April 9 at Estabrook Hall. The
Planning Board's report on Article 28 is pending.
8:11 p.m. The Moderator recognized Sandra Shaw, Chairman of the Recreation
Committee, to present the report of the Recreation Committee.
Ephraim Weiss, P.5, questioned the Committee's commitment to field
maintenance. Sam Silverman, Pr. 5, questioned Recreation's FY97
payment in lieu of taxes and whether it was to be made for more than one
year. The payment was for one year.
ARTICLE 5: SUPPLEMENTARY APPROPRIATIONS FOR CURRENT
FISCAL YEAR(FY97)
8:20 p.m. Presented by Susan Elberger, Pr. 9, School Committee.
MOTION: That the sum of$188,557 be appropriated to Line Item 1100
of the current fiscal year's budget,and that such amount be transferred from
the Unreserved Fund Balance.
Ms. Elberger explained the overruns in the current year school budget, cuts
made, and need for funds requested.
8:22 p.m. Paul Lapointe, Appropriation Committee, stated unanimous
support of the Appropriation Committee.
8:23 p.m. Leo McSweeney explained that the Board of Selectmen
recommended approval.
8:23 p.m. Bruce Collier, Pr. 3, explained his handout showing school
budget expenses as a percentage of total town budget.
8:26 p.m. -Motion unanimously adopted by voice vote.
8:26 p.m. Paul Lapointe, Appropriation Committee, served notice of
reconsideration of Article 5.
ARTICLE 6: PRIOR YEARS' UNPAID BILLS
8:27 p.m. Presented by Susan Elberger, Pr.9, School Committee.
MOTION: That the sum of$18,443 be appropriated to pay prior years'
school bills and that such amount be transferred from the Unreserved Fund
Balance.
309
Adjourned Town Meeting-April 7, 1997 cont...
Ms. Elberger explained the requested sum covers unpaid invoices from 1989
of$2,981 and$15,462 from 1996.
8:29 p.m. Paul Lapointe, Appropriation Committee, stated unanimous
support of the motion and for the approach the School Committee is taking
to deal with the unpaid bills.
8:30 p.m. Leo McSweeney stated Board of Selectmen support of this
motion under Article 6.
As this motion requires a four-fifths"vote the Moderator explained that if
the vote was not unanimous a standing vote would be required.
8:30 p.m. Motion unanimously adopted by voice vote.
8:30 p.m. Paul Lapointe, Appropriation Committee, served notice of
reconsideration of Article 6.
ARTICLE 7: SUPPLEMENTARY APPROPRIATIONS FOR AUTHORIZED
CAPITAL IMPROVEMENT PROJECTS
8:31 p.m. Presented by Selectman Leo McSweeney.
MOTION: That this article be indefinitely postponed.
8:31 p.m. Motion adopted by voice vote.
ARTICLE 8: WATER MAINS
8:31 p.m. Presented by Selectman Daniel P. Busa.
MOTION: That the Selectmen be and they hereby are authorized to
install new or replacement water mains and line and reline water mains in
such accepted or unaccepted streets or other land as the Selectmen may
determine,subject to the assessment of betterments or otherwise,and to take
by eminent domain, purchase or otherwise acquire any fee, easement or ;.
other interest in land necessary therefor; to appropriate$280,000 for such
installation and lining and land acquisition; and to raise such amount
$280,000 be transferred from the Water Enterprise Fund; and to authorize
the Selectmen to apply for, accept, expend and borrow in anticipation
of federal and state aid for such water projects.
8:32 p.m. Mr.Busa explained that this motion requested funding of the
fourteenth phase of,a twenty phase water main program, and that the
Board of Selectmen recommended approval.
8:33 p.m. William Kennedy, Capital Expenditures Committee, stated
that the Committee recommends approval. }'
8:33 p.m. Paul Lapointe, Appropriation Committee, stated the
Committee's unanimous support.
8:34 p.m. Motion unanimously adopted by voice vote.
8:34 p.m. Karen Dooks,Capital Expenditures Committee, served notice
of reconsideration of Article 8.
a iv
Adjourned.Town Meeting-April 7, 1997 cont...
ARTICLE 9: SANITARY SEWERS
8:34 p.m. Presented by Selectman Daniel P. Busa.
MOTION: That the Selectmen be and they hereby are authorized to
install sewer mains and sewerage systems in such accepted or unaccepted
streets or other land as the Selectmen may determine, subject to the
assessment of betterments or otherwise, in accordance with Chapter 504 of
the Acts of 1897, and acts in addition thereto and amendment thereof, or
otherwise, and to take by eminent domain,purchase or otherwise acquire
any fee,easement or other interest in land necessary therefor; to appropriate
for such installation and land acquisition the sum of$560,000 and to raise
such amount the Treasurer with the approval of the Selectmen is authorized
to borrow$560,000 under G.L. c.44,§7(1);and to authorize the Selectmen
to apply for,accept,expend and borrow in anticipation of federal and state
aid for such sewer projects.
•
8:36 p.m. Mr. Busa explained that approximately 75 dwellings in
Lexington yet to have access to the sewer system, requiring approximately
2 miles of sewer lines. Owners are currently assessed 67% of cost of sewer
construction, with a 20 year payback at 6% interest.
8:39 p.m. William Kennedy, Capital Expenditures Committee, stated
the Committee's recommendation for approval of this motion.
8:40 p.m. George Burnell,Pr. 7, explained his intent to amend the
motion by prohibiting sewer line installation on Whittier Road.
8:41 p.m. Douglas Boyer, Pr. 5, inquired about efforts to review the
percentage assessed to owners for sewer installation.
Mr. Busa explained that the Board of Selectmen will review the percentage
assessed to owners in the Spring of 1997.
8:42 p.m. Mr.Boyer,Pr.5, suggested a greater percentage be assessed.
8:44 p.m. Frank Sandy,Pr.6, inquired about funding mechanisms for
this article and questioned use of enterprise funds or bonding.
8:45 p.m. Alan Lazarus,Pr.6,noted that the sewer enterprise fund was
not referenced in the motion.
8:45 p.m. Bruce Collier, Pr.3, suggested that the Board of Selectmen
review the current assessment policy.
8:47 p.m. George Burnell, Pr.7, submitted the following amendment
to Article 9, which shall be added to the end of the motion:
"provided, however, that no funds shall be spent to install
sewer mains on Whittier Road."
I
Mr. Burnell explained that the amendment is proposed in response to
previous year's efforts of a resident on Whittier Road to protect sewer
installation on that street.
8:50 Mr. Busa stated the Board of Selectmen's opposition to the
amendment.
8:53 p.m. Margaret Rawls, Pr.4, asked how many houses were on
Whittier Rd. Mr. Busa stated there were 3 parcels on Whittier Rd.
8:53 p.m. David Kaufman, Pr.6, recommended defeat of the
amendment.
f -
311
Adjourned Town Meeting-April 7, 1997 cont...
8:55 p.m. Dawn McKenna,Pr.9, asked if the previous objection had
resulted in litigation for the Town and how many more houses town wide
were left to sewer.
Town Counsel Norman Cohen stated that he knew of no litigation from the
Whittier Rd. resident. Selectman Daniel Busa replied that this article
would provide for sewer connection of 21 of 75 remaining residences.
8:57 p.m. Nyles Barnert, Pr.4, recommended defeat of Mr. Bumell's
amendment and encouraged the Board of Selectmen to resolve the list of
streets to be sewered.
8:58 p.m. Frank Sandy,Pr.6,stated that he felt it bad practice to bring
up an amendment of this nature on the evening of voting.
8:59 p.m. Donald Jenkins, Pr.8, urged defeat of the amendment.
9:00 p.m. After a voice vote the Moderator declared the substitute
motion not adopted.
9:00 p.m. Main motion unanimously adopted by voice vote.
9:00 Karen Dooks, Capital Expenditures Committee, served notice of
reconsideration on Article 9.
ARTICLE 10: SEWER RELATED REHABILITATION PROGRAM (I&I)
9:01 p.m. Presented by Selectman Daniel Busa I'
MOTION: That the sum of$300,000 be appropriated to remove
infiltration of ground water from the sewer system; and to raise such
amount the Treasurer with the approval of the Selectmen is authorized to
borrow$300,000 under G.L. c.44,§7(1); and to authorize the Selectmen
to apply for,accept,expend and borrow in anticipation of federal and state
aid for such sewer project.
9:01 p.m. Mr.Busa explained that infiltration totaled 73%of total flow
and that this article would fund phase 3 of a 30 year program. A study
previously conducted indicates that repairs need to target 15% of the sewer
system. Mr. Busa stated Board of Selectmen support for this Article.
9:05 p.m. William Kennedy, Capital Expenditures Committee,
expressed the Committee's support of this Article and recommended
acceleration of the program.
9:05 p.m. Paul Lapointe, Appropriation Committee, expressed the
Committee's concern in increases in Massachusetts Water Resources
Authority(MWRA)assessment and encourages acceleration of the program.
The Appropriation Committee unanimously supports this Article.
9:06 p.m. Sheldon Spector, Pr.6, asked about anticipated 1998 aid.
9:08 p.m. Sam Silverman, Pr. 5, inquired about authorization for
borrowing and MWRA assessments.
9:11 p.m. Charles Hornig, Pr.8, asked why the Town should borrow
the funds if Phase I is a 30 year program. Town Manager Richard White
responded that it was best to borrow the funds.
9:14 p.m. Ephraim Weiss, Pr.5, asked if a study had been conducted
on a 5 yr. plan for implementation.
14
Adjourned Town Meeting-April 7, 1997 cont...
9:15 p.m. David Kanter, Pr.7, asked for an assurance that the funds
will be spent in 1998.
As this motion requires a two-thirds vote the Moderator explained that if
the vote was not unanimous a standing vote would be required.
9:15 p.m. Motion unanimously adopted by voice vote.
9:15 p.m. Karen Dooks,Capital Expenditures Committee, served notice
of reconsideration on Article 10.
9:16 p.m. Selectman Daniel Busa requested point of personal privilege
from the Moderator and as a proud parent commended the Haydenettes Precision
Skating Team for successfully placing fourth in a world competition recently held
in Finland. The members enthusiastically applauded the team.
ARTICLE 11: STREET RELATED IMPROVEMENTS
9:17 p.m. Presented by Selectman Dan H. Fenn,Jr.
MOTION: That the Treasurer with the approval of the Selectmen be
authorized to issue Highway Reimbursement Notes of the Town under G.L.
c.44, sec. 6, as amended, in anticipation of reimbursement by the
Commonwealth for highway reconstruction and improvements under the
authority of Chapter 90 of the General Laws as funded, and that notes
issued for a shorter period than two years may be refunded by the issue of
new notes maturing within two years from the date of the original
obligation, and that the Selectmen are authorized to accept highway funds
from all sources including the$700,000 allocated under Chapter 85 of the
Acts of 1994 which are hereby appropriated for such highway purposes.
9:18 p.m. Mr. Fenn explained that this Article would fund resurfacing
of approximately 6 miles of roadway. The Town is approximately 13 miles
behind the schedule previously set for street resurfacing. The final selection
of streets to be resurfaced is contingent upon a final assessment of street
conditions. Mr.Fenn stated unanimous support of the Board of Selectmen
for this Article.
9:23 p.m. Chankey Touart, Capital Expenditures Committee, stated
unanimous support of the Committee.
9:23 p.m Paul Lapointe,Appropriation Committee, stated unanimous
support of the Committee.
9:24 p.m. Elaine Dratch, Pr.5, inquired as to the status of work on
Grant Street. George Woodbury, Director of Public Works, provided a
status update.
9:25 p.m. Anne Ripley, Pr.6, spoke in favor of resurfacing after
identified sewer projects were completed.
9:26 p.m. Paul Keane, Pr.3, inquired if the 1997 resurfacing list had
changed due to status of streets. Peter Chalpin, Engineering Department,
stated there had been some changes.
9:27 p.m. Sheldon Spector,Pr.6, asked about the repairs being made
on Grant Street and the portion of Waltham Street to be resurfaced. Peter
Chalpin, Engineering Department,explained that work will begin tomorrow
on Grant Street and completed by July 1. The Waltham Street section to
be resurfaced runs between Marrett Road and Route 2.
313
Adjourned Town Meeting-April 7, 1997 cont...
is
9:29 p.m. Nancy Adler,Pr.1,asked for consideration for those persons
currently inconvenienced by the closure of the Maple Street railroad bridge
when resurfacing parts of Lowell Street and Massachusetts Avenue.
9:30 p.m. Douglas Boyer, Pr.5,commented on the recently resurfaced
Peachtree Road pavement deterioration and questioned continued use of the
7-step process for resurfacing.
Peter Chalpin replied that the 7-step process has been found to be superior
to other processes used prior to 1985 and will continue to be used.
9:31 p.m. Joel Adler,Pr.1, suggested the Department of Public Works
pursue resolution of what he views as inferior roadways constructed by
subdivision developers and roadway patches by utility companies.
9:32 p.m. Motion unanimously adopted by voice vote.
9:32 p.m. Karen Dooks, Capital Expenditures Committee, served notice
of reconsideration on Article i I.
ARTICLE 12: AUTOMATED WATER METER READING SYSTEM
9:33 p.m. Presented by Selectman Dan H. Fenn,Jr.
MOTION: That the sum of$550,000 be appropriated for the purchase
by or with the approval of the Selectmen of an automated water meter
reading system for the Department of Public Works and that to meet this
appropriation the Treasurer with the approval of the Selectmen is authorized
to borrow $550,000 under G.L. c44,§8(7A);and that the Treasurer with
the approval of the Selectmen is authorized to borrow all or a portion of
such amount from the Massachusetts Water Resources Authority("MWRA")
and in connection therewith to enter into a loan agreement and/or security
agreement with the MWRA with respect to such loan.
9:33 Mr. Fenn explained that this article funded year three of a
previously ten year program of replacement, now expedited to five years.
This will allow Lexington to take advantage of a$137,500 state grant and
$412,000 interest free loan from the MWRA. The advent of fiber optics
will open up opportunities for the Town and central reading of utilities.
The Board of Selectmen unanimously recommends approval.
9:36 p.m. William Kennedy, Capital Expenditures Committee, stated
the Committee recommends approval.
9:37 p.m. Stephen Coit, Appropriation Committee, stated unanimous
support of the Committee.
9:39 p.m. Nyles Barnert,Pr.4,questioned if the Town would.contract
out for meter installation and if competition was expected.
George Woodbury, DPW Director, replied in the affirmative.
9:39 p.m. Ephraim Weiss, Pr.5, questioned the actual cost of the
program and payback period. George Woodbury responded that actual cost
of the total program was less than one million dollars and payback would
be less than five years.
9:42 p.m. Dawn McKenna, Pr.9, expressed her disapproval of the
Town potentially monitoring homeowner use of personal utilities and her
opposition to the Article.
,)1
Adjourned Town Meeting-April 7, 1997 cont...
9:43 p.m. Frank Sandy,Pr.5, spoke in opposition to the motion, stating
no apparent savings to the Town.
As this motion requires a two-thirds vote the Moderator explained that if
the vote was not unanimous a standing vote would be required.
Following a voice vote at 9:44 p.m., the Moderator declared the vote not
to be unanimous and called for a standing vote on Article 12, tallied as
follows:
•
Peecinet Yes 1a
1 8 7
2 11 2
3 15 0
4 15 0
5 13 ' 4
6 6 7
7 13 0
8 17 1
9 17 2
At large 17 0
Totals 132 23
More than the required two-thirds vote required, the motion was adopted
at 9:50 p.m. Karen Dooks,Capital Expenditures Committee,served notice
of reconsideration of Article 12 at 9:50 p.m.
ARTICLE 13: PUBLIC WORKS EQUIPMENT
9:50 p.m. Presented by Selectman Dan H. Fenn,Jr.
MOTION: That the sum of$392,000 be appropriated for the purchase
by or with the approval of the Selectmen of equipment for the Department
of Public Works, and that such amount be raised in the tax levy.
9:55 p.m. Chankey Touart,Capital Expenditures Committee, stated the
Committee's support of the Article and commended the foresight of the
Department of Public Works.
9:55 p.m. Paul Lapointe, Appropriation Committee, stated the
Committee's unanimous support.
9:55 p.m. Motion unanimously adopted by voice vote.
9:56 p.m. Karen Dooks,Capital Expenditures Committee, served notice
of reconsideration of Article 13.
ARTICLE 14: TOWN BUILDING ENVELOPE PROGRAM
9:55 p.m. Presented by Selectman Peter Enrich.
MOTION: That the sum of$200,000 be appropriated for remodeling,
reconstructing and making extraordinary repairs to Town buildings, and
that such amount be raised in the tax levy.
Mr. Enrich stated the Board of Selectmen unanimously recommended
approval of this motion.
9:57 p.m. Ronald Grammont, Vice Chairman, Capital Expenditures
Committee, stated the Committee's unanimous support.
315
Adjourned Town Meeting-April 7, 1997 cont...
9:58 p.m. Paul Lapointe, Appropriation Committee, stated unanimous
support of the Committee and suggested a systematic approach be taken to
establish appropriate level of funding.
9:58 p.m. Joel.Adler, Pr.1, inquired about proposed improvements
under Article 14 and plans alluded to for a combined public safety building.
Town Manager Richard White responded that any improvements made to
existing Fire Headquarters would not be wasted regardless of future plans.
10:00 p.m. Motion unanimously adopted by voice vote.
10:00 p.m. Karen Dooks,Capital Expenditures Committee,served notice
of reconsideration on Article 14.
ARTICLE 15: DPW MOWER REPLACEMENT
10:01 p.m. Presented by Selectman Peter Enrich.
MOTION: That the sum of$47,000 be appropriated to replace a mower
for the Department of Public Works, and to raise such amount$47,000 be
transferred from insurance proceeds.
Mr.Enrich stated the Board of Selectmen's recommendation for approval.
10:02 p.m. David Miller, Capital.Expenditures Committee, stated the
Committee's unanimous support.
10:02 p.m. Paul Lapointe, Appropriation Committee, stated the
Committee's unanimous support.
10:02 p.m. Motion unanimously adopted by voice vote.
ARTICLE 16: BROOK MAINTENANCE
10:03 p.m. Presented by Joyce Miller, Conservation Commission.
MOTION: That this article be indefinitely postponed.
Ms. Miller explained that Lexington had seven major brooks and that this
article had been originally intended to provide funding for planning and
obtaining permits for brook cleaning. The Board of Selectmen have agreed
to provide funds from alternative sources to begin the permitting process
for this year and plan to include funds for brook cleaning in the FY99
operating budget.
Elizabeth Eddison,Board of Selectmen, stated unanimous support from the
Board for this article and confirmed commitment to include funds in the
FY99 operating budget.
10:07 p.m. In response to a question from Ephraim Weiss, Pr.5, Town
Manager Richard White explained that funds would be made available this
year from companies the Town is currently negotiating for the lease/rental
of space from the Town. Payments may be designated to go directly to
perform this function.
10:08 p.m. Motion unanimously adopted by voice vote.
Adjourned Town Meeting-April 7, 1997 cont...
ARTICLE 17: PURCHASE FIRE EQUIPMENT
10:08 p.m. Presented by Selectman Peter Enrich.
MOTION: That the sum of$45,000 be appropriated for the purchase of
fire equipment, and that such amount be raised in the tax levy.
Mr. Enrich stated the Selectmen recommended approval.
10:11 p.m. Chankey Touart,Capital Expenditures Committee, stated the
Committee's support.
10:12 p.m. Paul Lapointe, Appropriation committee, stated the
unanimous support of the Committee and suggested that most of the
purchases might be best included in the Department's operating budget in
future years.
10:12 p.m. Elizabeth Whitman, Pr.8, questioned the description of the
proposed trailer purchase and placement. Fire Chief John Quinlan
explained that the trailer would be stored inside the station.
10:13 p.m. Motion unanimously adopted by voice vote.
10:13 p.m. Karen Docks,Capital Expenditures Committee,served notice
of reconsideration of Article 17.
ARTICLE 18: PURCHASE ELECTIONS OPTICAL SCAN SYSTEM
10:14 p.m. Presented by Selectman Elizabeth Eddison.
MOTION: That this article be indefinitely postponed.
Mrs. Eddison explained the current status of the Town's election equipment,
possible future state loans,and plans for the Town to bring this request back
to Town Meeting in the future.
10:17 p.m. Motion unanimously adopted by voice vote.
ARTICLE 19: REHABILITATION OF CENTER POOL
10:17 p.m. Presented by Paul Keane,Recreation Committee.
MOTION: That the sum of$100,000 be appropriated to make
improvements at the Town Pool Complex as determined by the Recreation
Committee with the approval of the Board of Selectmen, and to raise such
amount$100,000 be transferred from the Recreation Enterprise Fund.
10:18 p.m. Ronald Grammont, Capital Expenditures Committee, stated
the Committee's support.
10:19 p.m. Paul Lapointe, Appropriation Committee, stated the
Committee's unanimous approval.
10:20 p.m. Elizabeth Eddison stated the Board of Selectmen's unanimous
support.
10:20 p.m. Motion unanimously adopted by voice vote.
10:20 p.m. Karen Docks,Capital Expenditures Committee, served notice
of reconsideration of Article 19.
317
Adjourned Town Meeting-April 7, 1997 cont...
ARTICLE 20: PLAYGROUNDS AND BALL FIELDS IMPROVEMENTS
10:21 p.m. Presented by Paul Keane, Recreation Committee.
• MOTION: That this article be indefinitely postponed. �.
10:21 p.m. Dawn McKenna,Pr.9,expressed her disappointment that the
Recreation Committee has chosen to eliminate the one activity which
remains free to children in Lexington.
• L
10:22 p.m. Motion unanimously adopted by voice vote.
ARTICLE 21: RESCIND PINE MEADOWS IMPROVEMENTS
10:22 p.m. Presented by Donald Chisholm, Recreation Committee.
MOTION: That the appropriation voted under Article 19 of the Warrant
for the 1996 annual town meeting be rescinded.
Mr. Chisholm explained that financial constraints on the Recreation
Enterprise Fund necessitates rescinding the 1996 Town Meeting
appropriation of$150,000 for Pine Meadows Golf Course improvements.
This action will return the funds to the"unreserved retained earnings"to be
available to pay this year's expenses.
10:24 p.m. David Miller, Capital Expenditures Committee, stated
unanimous support of the Committee.
10:24 p.m. Paul Lapointe,Appropriation Committee, stated unanimous
support of the Committee.
10:24 p.m. Selectman Elizabeth Eddison stated unanimous support of the
Board of Selectmen.
10:24 p.m. Sam Silverman, Pr.5, questioned the impact of recision of
funds not spent on Proposition 2 ' limits and the Enterprise Fund.
10:25 p.m. Dawn McKenna, Pr.9, expressed her concerns on the
handling of the Enterprise Fund.
10:26 p.m. Motion unanimously adopted by voice vote.
10:27 p.m. Leo McSweeney, Chairman of the Board of Selectmen, moved that the
meeting be adjourned until Wednesday,April 9, 1997 at 8:00 p.m.
Adopted by voice vote. 10:27 p.m.
A true copy. j /
Attest: , 11 ,`f't P v'
Donna M.Hooper,Tow P Clerk `
ADJOURNED SESSION- 1997 ANNUAL TOWN MEETING
APRIL 9, 1997
The sixth session of the 1997 Annual Town Meeting was called to order by Moderator
Margery M. Battin at 8:05 p.m.,in Cary Memorial Hall.
A quorum of 168 members was present.
The Moderator announced the order of articles for the evening as Articles 23 and 22 in that
order; to be followed by Articles 42, 43, which will be indefinitely postponed, and
Articles 44 and 45. Article 27 will be heard on April 14, Articles 28, 24, 39, and 46 will
be heard April 16.
The Moderator asked that anyone having served notice of reconsideration on an article
please give advance notification at least one meeting prior to the meeting at which they
wish to bring the article back to town meeting.
Selectman Leo McSweeney stated his intention to bring Line Item 1200 back before Town
Meeting next week. Michael O'Sullivan'stated he intended to request Article 33 be
reconsidered on April 16.
ARTICLE 23:SCHOOL BUILDINGS RENOVATION/RECONSTRUCTION PROGRAM
(See Pages 8:11 p.m. Presented by Joseph Dini, Pr.l, School Committee.
337-339 for
Spec. MOTION: That the sum of$2,400,000 be appropriated for architectural and
Referendum. engineering services for design and development of plans and specifications for
Action is NOT remodeling, reconstructing and making extraordinary repairs to school buildings
Reversed.)
and for additions thereto;that to meet this appropriation the Treasurer with the approval
of the Selectmen is authorized to borrow $2,400,000 under G.L. c.44, §7 orCommittee
Chapter 645 of the Acts of 1948 as amended;and that the Permanent Buildingis
authorized to take all action necessary to carry out this project.
8:11 p.m. Mr. Dini provided an explanation of the needs for a school
renovation project, involvement and recommendations of the Building Finance
Committee.
8:15 p.m. William Bruckman, Permanent Building Committee, explained
information which would be developed from services requested in this article,
including detailed schematic drawings, elevation drawings, building system
review, identification of individual renovations, site layouts, and finishes.
8:17 p.m. Superintendent Jeffrey Young explained two major aspects of the
building proposal:
1. Renovation of existing space at nine school buildings,site work, etc.
2. Additions to school buildings:
• Maintain reasonable class size
• Maintain dedicated space for art&music programs
• Special Education learning centers in each school
• Computer lab in each school
8:21 p.m. Joseph Dini addressed need for state reimbursement in ultimate
project, which the School Committee hopes to have voted on at a Special Town
Meeting in the fall.
8:24 p,m. Karen Dooks, Capital Expenditures Committee, stated unanimous
support of the Committee. Ms. Dooks spoke to the importance of the article and
the need to make school building repairs. Ms. Dooks also addressed the need to
address the school and municipal building maintenance together and urged support
of this article.
8:28 p.m. Paul Lapointe, Appropriation Committee, stated that the majority
of the Committee-7 in favor, 1 opposed,and 1 abstained, support the article. Mr.
Lapointe addressed possible debt service expenses based upon a few different
1
319
Adjourned Town Meeting-April 9, 1997 cont
financing options and explained that additions to school buildings will increase
maintenance costs. Mr. Lapointe stated that the state's Department of Education
has many needy communities in its 'Que' for school building assistance and
questions the level of support which may eventually be available to Lexington. Mr.
Lapointe commended the public schools and all committees involved in this
process.
Other concerns expressed by the Appropriation Committee include:
• Information on action and steps to be taken in the upcoming months -
priorities;
• A sense of need of town wide capital program-not solely the schools;
• Action Plan clarifying amount of funds spent for debt exclusion
and costs for additional work; .
8:34 p.m. Selectman Leo McSweeney stated unanimous support of the Board I'
of Selectmen.
•
8:34 p.m. Neal Boyle, Pr.7, 'asked Paul Lapointe of the Appropriation
Committee what the payback for this project would be and commented that this
request puts all the town funds into the schools while the rest of the town is at a
loss. He urged a holistic town approach to buildings.
8:37 p.m. Ephraim Weiss, Pr.5,expressed concern about building maintenance
and the school department's diversion of prior year's maintenance appropriations
to other expenses. Mr. Weiss requested a commitment from the School
Committee and Superintendent to fund maintenance.
8:39 p.m. Joseph Dini reaffirmed the current School Committee's commitment
to building maintenance.
8:40 p.m. John Miller,of HMFH Architects, explained the process of design
development and the resulting documents to be used to provide detailed scope of
work for the buildings, helping to set priorities for the buildings.
8:41 p.m. Paul Hamburger, Pr.5, stated that approval of this article basically
indicated approval for the whole project to be proposed. Mr. Hamburger posed
the following questions:
What percentage of current space will the new space equal?
Response to Mr. Jenkins'issue regarding current empty space. I'
Financial impact of project on the taxpayer if the article passes and
the state provides a 59% contribution.
8:45 p.m. Joseph Dini confirmed support of this article shows support of the
whole project and asked that John Moynihan, Lexington Public Schools, be
recognized for further comment.
Mr. Moynihan explained that the state requires communities to guarantee a 80%
space utilization at the secondary level and 100%utilization at the elementary level.
Current school buildings total 867,000 square feet and an additional 136,000 is
proposed, or an approximate 16% addition.
8:46 p.m. John Ryan, Finance Director, explained a few different funding
scenarios,with potential annual costs to the owner of a currently assessed$300,000
house to range from approximately$260 to$280 per year.
8:51 p.m. Don Jenkins, Pr.8, spoke in opposition to the article and total
project.
8:55 p.m. William Simmons, Pr.6, spoke in opposition.
8:57 p.m. Bruce Collier, Pr.3, urged passage.
ow
Adjourned Town Meeting-April 9, 1997 cont
8:59 p.m. Douglas Boyer, Pr.5, with children either currently attending or
soon to be attending the public schools, spoke to his concern that too much of the
town's services are dependent on the tax bill and that only the truly privileged will
be able to live in Lexington if taxes keep escalating.
•
•
9:00 p.m. Peter Kelley, Pr.4, commended the School Committee for its
- • building plans and how the state's revised rules places the responsibility on the
town to have a comprehensive plan for 20-50 year life of the buildings.
Mr.Kelley expressed his opinion that the School Committee has the right plan and
that now is the time to take the next steps, believing the money will not be wasted
and urging support of the meeting.
9:04 p.m. Sam Silverman, Pr.5, requested clarification on the project being
presented to Town Meeting for approval.
Mr. Dini explained that the School Committee saw its role as a policy making
committee.
As this motion requires a two-thirds vote the Moderator explained that if the vote
was not unanimous a standing vote would be required. Following a voice vote at
9:07 p.m., the Moderator declared the vote not to be unanimous and called for a
standing vote on Article 23, tallied as follows:
Precinct Yes No
1 13 4
2 11 0
3 14 2
4 10 2
5 14 3
6 16 2
7 9 3
8 14 3
9 12 2
At large 21
TOTAL 133 22 •
More than the required two-thirds,the motion was adopted at 9:11 p.m.
Karen Dooks,Capital Expenditures Committee, served notice of reconsideration of
Article 23 at 9:12 p.m.
ARTICLE 22: MISCELLANEOUS SCHOOL ARTICLE
9:13 p.m. Presented by Fred Rosenberg,Pr.9,School Committee.
MOTION: That the sum of $1,155,000 be appropriated for remodeling,
reconstructing and making extraordinary repairs to school buildings and for the
purchase of additional equipment therefor; that to meet this appropriation the
Treasurer with the approval of the Selectmen is authorized to borrow$1,155,000
under G.L. c. 44 §7 or Chapter 645 of the Acts of 1948 as amended; and that the
Permanent Building Committee is authorized to take all action necessary to carry out
this project.
9:13 p.m. Mr.Rosenberg explained that this article included the second year of
a S year technology plan and renovations to the school administration building. The
second year of the technology plan includes faculty and staff computers and
training. Repairs to be made to the school administration building approximate
$122,000.
9:21 p.m. David Miller,Capital Expenditures Committee,stated commitment by
the School Committee to have only the most necessary improvements made to the
school administration buildings at this time.
321
Adjourned Town Meeting-April 9, 1997 cont
9:22 p.m. Paul Lapointe,Appropriation Committee,stated unanimous support
of the Committee.
9:24 p.m. Selectman Leo McSweeney stated support of the Board and explained
. that the Selectmen are pursuing options to have a building constructed on the property
by individuals participating in the construction of scattered site housing.
As this motion requires a two-thirds vote the Moderator explained that if the vote
was not unanimous a standing vote would be required. Following a voice vote at
9:27 p.m., the Moderator declared the motion to be adopted by unanimous voice
vote.
Karen Dooks,Capital Expenditures Committee,served notice of reconsideration of
Article 22 at 9:27 p.m.
9:27 p.m. Selectman Dan H.Fenn,Jr.,moved that Article 24 be postponed and
be taken up after Article 39 on Wednesday,April 16, 1997. After a unanimous voice
vote, the Moderator declared Article 24 to be postponed until after Article 39 on
Wednesday,April 16, 1997.
9:27 p.m. Selectmen Peter Enrich moved to take up Articles 42,43,44,and 45
in that order. After a unanimous voice vote,the Moderator declared the meeting open
on Article 42.
ARTICLE 42: MUNICIPALIZATION OF UTILITIES
9:28 p.m. Presented by Selectman Peter Enrich.
MOTION: That the Town Manager,with the approval of the Board of Selectmen,
be authorized to take all necessary and appropriate action to establish and to maintain,
in accordance with the provisions of Chapter 164 of the General Laws as amended
from time to time,or other applicable law, and in accordance with rules,regulations
and orders of the Department of Public Utilities as implemented from time to time,a
municipal lighting and gas plant or a municipal load aggregator as the Board of
Selectmen may determine and to acquire such property and/or such rights to use or
share in the use of property owned by others as may be necessary, appropriate or
convenient for such municipal lighting and gas plant or such load aggregator to
provide aggregated retail electric and gas service by purchase and resale to, or as
agent for,all or such part of the persons and entities resident within the limits of the
Town of Lexington which do not choose to take service from others,all in the manner
and subject to the conditions which the Town Manager with the approval of the Board
•
of Selectmen may deem appropriate under the circumstances and consistent with the
rules,regulations and orders of the Department of Public Utilities.
9:30 p.m. Selectman Enrich explained that this article continued movement
toward municipalization of public utilities, MGL c. 164, this is the second of the
required two votes. Deregulation of utilities opens up competition. Mr.Enrich stated
the Board's recommendation for approval.
9:33 p.m. Paul Lapointe,Appropriation Committee,state unanimous support of
the Committee.
9:34 p.m. Michael Schroeder,Pr.9,spoke in opposition to the article.
9:39 p.m. David Kaufman,Pr.6,spoke to deregulation.
9:40 p.m. Sally Huebscher,Pr.5,questioned the cost to the Town.
9:41 p.m. Selectman Enrich'explained the role of the Town would be as load
aggregator and to purchase utilities on behalf of groups of users.
9:42 p.m. George Woodbury,DPW Director,quoted deregulation articles from
the New York Times and Boston Globe, and explained that this article provided the
Town,the option to serve as load aggregator.
Adjourned Town Meeting-April 9, 1997 cont
9:45 p.m. Representative Jay Kaufman commended Town Manager Richard
White and DPW Director George Woodbury for their leadership on municipalization
of utilities and stated that many other communities were following the lead of
Lexington. Mr.Kaufman stated the importance of banding together as consumers.
9:46 p.m. David Kanter,Pr.7,stated his support but requested further reference
to Town Meeting if choice is made to expend capital. It was explained that
any expenditure must be brought before Town Meeting as this motion does not
include any funds.
9:47 p.m. Dawn McKenna, Pr.9, questioned the authority granted under the i
motion.
9:48 p.m. Bruce Collier,Pr.3,spoke in favor of the motion.
9:50 p.m. Sheldon Spector,Pr.5,moved the question. With sufficient votes to
•move the question,the Moderator put the question before the meeting.
As this motion requires a two-thirds vote the Moderator explained that if the vote
was not unanimous a standing vote would be required. Following a voice vote at
9:51 p.m., the Moderator declared the motion to be adopted by unanimous voice
vote.
ARTICLE 43: REAL ESTATE TRANSFER TAX
10:51 p.m. Presented by Selectman Peter Enrich.
MOTION: That this article be indefinitely postponed.
10:52 p.m. Mr.Enrich explained that,due to a lack of time,postponement would
be moved at this time. It is expected this issue will be returned to Town Meeting in
the future. A history of the land transfer taxes was provided in brief,including its
early passage in the early 1980's in some communities. Lexington's passage in 1987
was a home rule petition for 1%tax on land transfers with an exemption for the first
$100,000; 2/3 of the revenue for open space and 1/3 for affordable housing. The
proposal died in the state legislature that same year.
The Land Transfer Tax was raised again by the.Long Range Planning Committee as
an option for a potential new revenue. It is estimated that such a tax would raise
approximately$3 million in revenue annually. The community must assess if this is
appropriate/desirable for Lexington and anticipated impact on the community. More
time is needed to address all of these issues.
10:02 p.m. Nyles Barnert,Pr.4,stated that he would be abstaining from discussion
on this article as his wife is a Lexington Realtor.
10:03 p.m. William Simmons,Pr.6,questioned if passage of such an article would
make Lexington more or less affordable.
10:03 p.m. Motion unanimously adopted by voice vote.
ARTICLE 44: MINUTEMAN TECH AGREEMENT AMENDMENT
10:03 p.m. Presented by Jane Pagett,Pr.6,Lexington representative to Minuteman
Tech. School Committee.
MOTION: That the Town reallocate its required share of the Minuteman Regional
Vocational Technical School District budget in accordance with the regional
agreement as permitted by Section 16B of Chapter 71 of the General Laws.
10:03 p.m. Ms.Pagett explained that the 1970 Minuteman agreement established
an allocation by which all member towns would pay the same per pupil cost and would
be assessed according to the number of pupils from the town attending the school.
323
Adjourned Town Meeting-April 9, 1997 cont
Payment has been as per the original agreement instead of the state assessment
allowable according to education reform.
10:08 p.m. Paul Lapointe,Appropriation Committee,stated unanimous support
• of the article.
10:10 p.m. Selectman Leo McSweeney stated the Board of Selectman's support
of the article.
10:10 p.m. Nyles Barnert, Pr.4, questioned the Lexington assessment if
Minuteman were to reduce its budget, and what pressure has been put onto the
Arlington Finance Committee for its support of an Article 44 equivalent in Arlington,
and questioned why Lexington has been urged to cut Minuteman's funding this year
when it would appear only the Town of Arlington would benefit.
10:14 p.m. Bruce Collier, Pr.3,interpreted Article 4 Minuteman budget issues
• versus Article 44 Minuteman per pupil cost.
10:15 p.m. Jane Pagett confirmed that the Town of Arlington is the largest stake-
holder/user of Minuteman.
10:15 p.m. Motion unanimously adopted by voice vote.
ARTICLE 45: TOBACCO CONTROL FINES BY-LAW AMENDMENT
(Approved by 10:16 p.m. Presented by Selectman Peter Enrich.
Atty. Gen. -
Scott Harshbarger MOTION: That Section.6 of the Town By-Laws be amended as presented:
July 18, 1997.
Posted in That Section 6 of Article 1 of the General By-Laws ou the Town of Lexington
Town Office y-
Bldg. and be amended by deleting the words:"restriction of smoking in food service
nine precincts establishments"and adding at the end thereof the following:
Aug. 11, 1997.)
Prohibition on Smoking in Public Places
Prohibition on Smoking at Town Recreation Areas
Prohibition on Smoking in the Workplace
Fine Schedule for smoking restrictions:
$20 per violation for a person who smokes in a public place.
For any proprietor(s)or other person(s)in charge of a public place or
workplace who fail(s) to comply, $200 for each day a violation
continues.
Prohibition on Tobacco Sales to Minors
•
Fine Schedule for Sales to Minors:
$100 for the first offense,$200 for the second offense,
and$300 for any subsequent offense
Required Posting of State Law
Fine Schedule for Failure to Post: $50 per violation. $10 fine for
anyone unlawfully removing signage.
Prohibition of Self-Service Displays of Tobacco Products
Requirements for Sales Personnel
Prohibition of Free Distribution/Sampling of Tobacco Products
Prohibition of Reduced Pricing of Tobacco Products
Prohibition of Vending Machines Containing Tobacco Products
Restrictions on Packaging of Tobacco Products
Fine Schedule for Self-Service Displays, Sales Personnel,Free
Distribution/Sampling,Reduced Pricing,Vending Machines and
Packaging: $100 for each day the violation continues.
Adjourned Town Meeting-April 9, 1997 cont
Requirement for Tobacco Sales Permits
Fine Schedule for Permits:$100 for selling tobacco products at
retail without a valid Tobacco Sales Permit. If violation is not
. corrected within seven(7)days of notification,the fine shall be
$100 for each day the violation continues.
10:16 p.m. In the absence of Martha Wood,Board of Health, Selectman Enrich
explained the content of the Article.
10:19 p.m. David Kanter,Pr.7,questioned•if there was an appeal mechanism to
the ticketing process. It was confirmed that there was.
10:20 p.m. Thomas Diaz,Pr.2,requested clarification on what was permissible
and whether the article was just an administrative procedure. Yes, it was just an
administrative procedure. Mr.Diaz stated he felt it was an intrusion on people's
• behavior and that he was opposed to the motion and urged others to vote against
the motion.
10:22 p.m. Motion adopted by voice vote.
10:24 p.m. Leo McSweeney,Chairman of the Board of Selectmen,moved that the
meeting be adjourned until Monday,April 14, 1997 at 8:00 p.m.
Adopted by voice vote. 10:22 p.m.
A true copy.
johut,'7••)1
/
Attest:
Donna M.Hooper,Town Clerk
Karen Gray,225 Follen Road,resigned as a Town Meeting Member from Precinct 2 effective
April 8, 1997.
Andrew McAleer, 121 Pollen Road,received the next highest number of votes as a defeated
candidate for Town Meeting Member from Precinct 2 at the Annual Town Election held
March 3, 1997. As of April 14, 1997,Mr.McAleer filed his acceptance of the position of
Town Meeting Member from Precinct 2 to fill the vacancy caused by the resignation of Ms.
Gray. This term will expire in March 1998.
Richard M.Perry, 16 Ellison Road,died suddenly on Saturday,April 12, 1997.
William P. Kennedy, 135 Wood Street, received the next highest number of votes as a
defeated candidate for Town Meeting Member from Precinct 9 at the Annual Town Election
held March 3,1997. As of April 15, 1997,Mr.Kennedy filed his acceptance of the position
of Town Meeting Member from Precinct 9 to fill the vacancy caused by the death of Mr.
Perry. This term will expire in March 1998.
325
ADJOURNED SESSION-1997 ANNUAL TOWN MEETING
APRIL 14, 1997
The seventh session of the 1997 Annual Town Meeting was called to order by Moderator
Margery M. Battin at 8:09 p.m., in Cary Memorial Hall.
A quorum of 170 members was present.The Moderator requested all present to stand for
a moment of silence in honor of Town Meeting Member Richard M. Perry who died
suddenly on Saturday, April 12, 1997.
Mr. Perry served as a Town Meeting member for forty years, being elected to Town
Meeting in 1957. He also served as Comptroller for the Town for twenty years, from
1966-1986.
The Moderator announced the order of articles for the evening as Articles 27, 39, and 24,
and explained that Selectman McSweeney would not request Article 4-line item 1200 be
reconsidered, as previously intended. Article 28 will be taken up on Wednesday, April
16. Reconsideration of Article 33 will also be moved on April 16.
The purpose of the potential reconsideration of Article 4 by Peter Kelley can apparently
be accomplished under debate of Article 46.
The Moderator requested any other members planning to move reconsideration of an
Article on Wednesday, April 16th please declare their intent.
Dawn McKenna, Pr.9, stated her intention to move reconsideration of Article 34.
Paul Jenkins,Pr.8, stated his intention to move reconsideration of Article 31.
8:14 p.m. _ The Moderator recognized Carolyn Tiffany, Pr.8, who requested members
to complete the Hanscom Field questionnaire prepared by the four towns in the HATS
consortium.
ARTICLE 2: REPORTS OF TOWN OFFICERS, BOARDS, COMMITTEES
8:15 p.m. The Moderator recognized Mr. Clark Cowen, Pr.7, Chairman of the
Council on Aging,for a report from the Council. Mr. Cowen thanked Town Meeting for
its support last year and provided a brief update of recent changes at the Senior Center.
The new Day Care Center has been newly built by students from Minuteman Technical
High School and will open on May, opening up the space for other purposes.
8:20 p.m. The Moderator recognized Mr.Fred Merrill for a report from the Planning
Board. Mr. Merrill explained that the.Planning Board's report on Article 28 is being
produced as he speaks and will be available at the end of the evening. Mr. Merrill moved
that the report of the Planning Board, ("Commercial Development in the CRO, CM and CD
Zoning Districts')be accepted and placed on file.
8:23 p.m. Following a unanimous voice vote the Moderator declared the report to have
been accepted and placed on file.
ARTICLE 27: ZONING BY-LAW, CRO TO CD 55 HAYDEN AVENUE
8:19 p.m. Presented by Steven Hurley, Pr.8.
MOTION: That the Zoning By-Law of the Town of Lexington be amended by
changing the zoning designation of the land described in the Article from the CRO,
Regional Office zoning district, to CD, Planned Commercial district.
The Boundaries of the CD,Planned Commercial,district shall be as set forth in the
Article.
The land in the CD, Planned Commercial Development district, shall be subject
to the preliminary site development and use plan originally filed on January 10,
1997,and revised and resubmitted on April 7, 1997 which has been filed with the
Planning Board and the Town Clerk, in accordance with the provisions of the
Zoning By-Law of the Town of Lexington.
Z0
Adjourned Town Meeting,April 14, 1997 cont....
8:20 p.m. Mr. Hurley requested to Moderator to recognize Mr. David
Vickery, Sr. Vice President of Spaulding and Slye,agents for W.R. Grace.
• 8:44 p.m. Fred Merrill,Planning Board,presented the Planning Board's report
on Article 27. Mr. Merrill explained that the Board recommends approval of the
• Article. The Board is unanimous in agreement that it is the right use for the
location. The Board tries to balance the impacts on the community with the
benefits.
•Mr. Merrill complimented the many participants who have been involved in the
process since last fall, and the great deal of give and take which has been made
and ultimately has made the project a much better project.
Mr.Merrill reviewed site use,design and density issues, and Impact, Mitigation,
and Benefits .
8:46 p.m. The Moderator recognized Richard Canale, Pr.9, Planning Board,
for a Minority report of the Planning Board.
Mr. Canale explained that he agreed with almost everything Fred Merrill stated
however, the petition has some unknowns which could possibly affect future
developments. He expressed his concern with the transportation impact on the
neighborhood, lack of reserved parking spaces for multi-occupant vehicles, and •
lack of commitment for providing support to LEXPRESS.
8:50 p.m. Sheldon Spector,Pr.6,rose for a point of order, inquiring as to the
vote of the Planning Board on the Article. The vote was 4 in favor, and I
opposed.
8:50 p.m. Leo McSweeney reported the unanimous support of the Board of
Selectmen.
8:51 p.m. Carol Grodzins, Pr.3, spoke in opposition to the Article and her
concern about the developments in south Lexington.
8:56 p.m. Marjorie Madoff,Pr.3, spoke of her concern with the traffic issues
and the almost doubling of office space.
8:58 p.m. Paul Riffin, a resident of precinct 3, spoke in opposition to the
article from the balcony.
9:02 p.m. Caleb Warner, Pr.3, in representing the Board of the South
Lexington Civic Association,strongly opposed the article, stating his concern with
the Floor Area Ratio intensity, traffic management, and storm water drainage.
9:08 p.m. Timothy Enright, Pr.2, asked the presenter how the tax figure was
determined. Mr. Vickery explained that the taxes were estimated based on the
square footage and nearby properties.
9:10 p.m. Elizabeth Whitman, Pr.8, asked about the use of the existing
building as a laboratory, the number of persons using the Alewife MBTA Station
shuttle bus, and the design of the new building's facade.
9:13 p.m. David Williams, Pr.4, asked what the Town was gaining from the
designatedconservationeasement. Mr. Vickery explained that the easement not
only included wetlands but also a knoll area for access and walking rights to the
Hayden Woods. He stated the proposers would be willing to consider if some of
the land to the left of the property could also have a conservation easement.
9:18 p.m. Samuel Berman,Pr.3,stated his concern about water runoff and his
opposition to the article.
-347
Adjourned Town Meeting,Apri114, 1997 cont....
9:20 p.m. Jim Barry, Pr.1, stated his opposition to the article.
9:22 p.m. Robert Cohen; Pr.3, rose to support the Article, stating his belief
the proposal was right for the Town, and encouraged support.
9:24 p.m. Jeanne Krieger,Pr.3, stated her opposition to the Article, including
concerns with traffic, size of project, and drainage.
9:26 p.m. Neal Boyle, Pr.7, spoke in favor of the Article, and encouraged
support:
•
9:30 p.m. Joyce Miller, Conservation Commission, rose to explain that the
proposal is currently before the Conservation Commission so the Commission can
not take an official stance at this time. The Commission will urge practice of best
management practices as it is a tremendously sensitive drainage situation area.
9:32 p.m. Thomas Fenn, Pr.9, stated his support for the article and asked
questions of Mr. Vickery re: tax abatements, and use of traffic control officer.
The Planning Board explained that both proposals of Article 27 and 28 include
traffic control officers and will include every effort to design the areas to be more
safe for the officers.
Norman Cohen, Town Counsel, explained that the Board of Appeals may make
some changes to proposals without Town Meeting approval.
9:39 p.m. Anne Ripley, Pr.6, asked for clarification on the reference to
subdivision of the property. Mr. Vickery explained that there is no intent to
subdivide the property at this time but it could be divided into two parcels,
especially for financing reasons.
9:40 p.m. Robert Rotberg, Pr.3, stated his opposition to the project.
9:43 p.m. Kenneth Reich, Pr.4, stated his support for the project, including
increased tax revenue and his belief that the traffic issues were addressed
satisfactorily. Mr. Reich questioned Robert Bowyer, Planning Director, on the
multi-step process,role of the Board of Appeals, ability to increase the number of
designated parking spaces for multi-occupant vehicles, and commitment to
LEXPRESS.
Mr. Vickery explained that they would be willing to look into support to
LEXPRESS, with$3,000 increased to$12,500 annually, with potentially more.
9:50 p.m. Bruce Collier,Pr.3,questioned the method of traffic control for this
project. Christopher Casey, Chief of Police, explained that improvements and
enhancements to Hayden Avenue at Waltham Street are needed to increase officer
safety. The Police are open to working to best make the areas safe for the officers.
Mr. Collier explained that other proposals have left open the option for officer or
light controls and that he didn't feel comfortable voting on the article.
9:55 p.m. Robert Whitman, Pr.8, expressed concern that this proposal
would be the first of many more and that the Town must assess how to manage
redevelopment of outlying commercial areas. He is opposed to the article.
9:56 p.m. Town Manager Richard White explained his meeting with the
Planning Board and Police identified that the traffic problem c s't be resolved by
just placing an officer at the location but that in no way was to Emmmpact the zoning
request.
9:58 p.m. Frank Sandy,Pr.6,stated concerns similar to those of Bruce Collier.
-
sao
Adjourned Town Meeting,Apri114, 1997 cont....
9:59 p.m. David Kaufman,Pr.6, stated that the optimum safety of the officers
could be ensured with traffic lights. He would probably vote against this
Article at this time.
• 10:00 p.m. Fred Rosenberg, Pr.9, moved the question.
After polling the meeting,with results to the affirmative,the question under Article
27 was put.
As this motion requires a two-thirds vote, if the vote is not unanimous then a
standing vote will be taken. Following a voice vote at 10:00 the moderator
declared the vote not to be unanimous and called for a standing vote on Article 27,
tallied as follows:
Precinct Yes No Ahctain
1 9 7
2 8 10
3 9 10
4 14 5
5 7 9 1
6 6 10
7 13 2
8 9 9
9 9 7
At large 11 4
TOTAL 95 73 1
10:04 p.m. Less than the required two-thirds, the motion was not adopted.
10:04 p.m. Sheldon Spector, Pr.6, served notice of reconsideration of
Article 27.
10:04 p.m. Paul Lapointe moved to take up Article 39 and 24, in that order.
After polling the meeting, with results to the affirmative, the Moderator declared
Article 39 now before the meeting.
ARTICLE 39: GUIDELINES FOR FINANCING CAPITAL EXPENDITURES
10:04 p.m. Presented by Paul Lapointe, Appropriation Committee.
MOTION: That this article be indefinitely postponed.
Mr.Lapointe explained the need for further discussion and to determine
the level of funding for the Town to commit to ongoing capital needs.
Recommendations:
Comprehensive fixed asset set of capital accounts, annual capital budget,
5-10 year capital plan, greater integration of school and town needs,
technical studies, and assessment of conditions.
10:17 p.m. Ephraim Weiss, Pr.5, moved to amend the motion as follows:
MOTION: That the Appropriation Committee and Capital
Expenditures Committee develop budgeting and financing guidelines
that reflect:
1. The prior efforts of other elected and appointed boards and
committees.
2. The different categories of capital investments.
3. Town and School equipment replacement schedules.
4. Approaches used in other communities.
5. Practical consequences of proposed guidelines.
329
Adjourned Town Meeting,April 14, 1997 cont....
10:19 p.m. Paul Lapointe,Appropriation Committee, stated his support
of the substitute motion but explained he thought it was not needed.
10:19 p.m. Sheldon Spector, Pr.6, included mention of the Capital
Expenditures Committee in the substitute motion.
• i
10:20 p.m. After a voice vote, the Moderator declared the substitute
motion adopted.
•
10:20 p.m. Main motion, as amended, adopted by voice vote.
ARTICLE 24: STABILIZATION FUND
10:21 p.m. Presented by Selectman Dan Fenn.
MOTION: That the sum of$100,000 be appropriated to the stabilization
fund established,under Chapter 40 of the General Laws as amended and that
such amount be raised in the Tax Levy.
10:21 p.m. Mr. Fenn explained that this article allows the Town to put
money away for upcoming expenses, such as a new fire truck. A 2/3 vote
is required of Town Meeting to expend funds from the stabilization fund.
This article addresses policies of the Board of Selectmen to deal with long
range problems, stabilize the tax rate, and deal with ongoing fiscal
problems, and manage free cash in an orderly fashion.
10:25 p.m. The Board of Selectmen unanimously supports Article 24.
10:25 p.m. Karen Dooks, Capital Expenditures Committee, stated
unanimous support of the Committee. b'
10:27 p.m. Paul Lapointe, Appropriation Committee, stated the
Committee's unanimous opposition to the article.
10:30 p.m. Peter Diamond, Pr.6, stated that this is as a motion about
labeling money as as a gesture,not about spending less this year, and stated
opposition to the article.
10:31 p.m. Nyles Barnert,Pr.4,asked the Town Manager if this impacts
the town's application for bonding if the funds are in free cash or
stabilization fund. Mr. White explained that with meager cash reserves
additional funds in as a stabilization fund are looked upon favorably but not
overpoweringly so.
10:31 p.m. James Wood, Pr.7, stated support of the motion.
10:32 p.m. Dan Fenn explained that the Selectmen agree with the
Appropriation Committee on the need for a plan but urged support of the
article as it is known that a fire truck will soon need to be purchased.
ii
oov
Adjourned Town Meeting,April 14, 1997 cont....
10:34 p.m. Following as a voice vote the Moderator was unsure of the
vote and called for as a standing vote on Article 24, tallied as follows:
Precinct Yes No
1 2 9
2 3 10
3 12 5
4 7 7
5 10 5
6 11 • 5
7 9 3
8 10 3
9 12 2
At large 9 8
TOTAL 85 57
•
10:37 p.m. The Moderator declared the motion adopted.
10:37 p.m. Richard Canale,Planning Board,explained that the Planning
Board's report on Article 28 is available on the back table.
10:37 p.m. Leo McSweeney,Chairman of the Board of Selectmen,moved
that the meeting be adjourned until Wednesday,April 16, 1997 at 8:00 p.m.
Adopted by voice vote. 10:37 p.m.
A true copy. /
Attest: t
Donna M.Hooper,Town CIl rk j
331
ADJOURNED SESSION- 1997 ANNUAL TOWN MEETING
APRIL 16, 1997
• The eighth session of the 1997 Annual Town Meeting was called to order by
Moderator Margery M. Battin at 8:05 p.m.,in Cary Memorial Hall.
A quorum of 168 members was present.
The Moderator announced that the quality of the public address system was
marginal this evening. The Moderator explained that Articles 28 and 46 would be
taken up this evening, and reconsideration would be moved on Articles 33 and 31.
8:07 p.m. The Moderator recognized Dawn McKenna, Pr.9, who stated that
she would not bring reconsideration of Article 34 but does request LEXHAB to
annually provide copies of financial statements to Town Meeting Members.
The Moderator explained methods for Article reconsideration.
8:09 p.m. Robert Cohen, Pr.3, Chairman of the Town Meeting Members
Association, announced Board meetings scheduled for the second Wednesday of
the month, 7:30 p.m.
The Moderator announced that the Meeting was open under Article 2 for reports
of committees.
ARTICLE 2: REPORTS OF TOWN OFFICERS,BOARDS AND COMMITTEES
is
The Moderator declared a recess at 8:12 p.m. until a portable microphone can be
procured so speakers can be better heard.
•
8:15 p.m. Joyce Miller, Conservation Commission requested the Moderator to
recognize Town Manager Richard White to read her report to the members in the
absence of the public address system, now almost completely dysfunctional. Mr.
White vociferously read the report of the Conservation Commission on the process
for developers appealing before the Conservation Commission and Town Meeting.
Developers may choose which body to address first, though the Conservation
Commission, with justification, has authority to approve or deny a project
passed at Town Meeting.
8:20 p.m. With the public address system now fully operational,the Moderator
recognized John Davies, Pr.4, Planning Board, who moved that the report of the
Planning Board (Articles 2,27, and 28-Transportation Demand Management)be
accepted and placed on file
After unanimous voice vote, the report was accepted and placed on file.
8:23 p.m. Barrie Peitz, Chairman of the School Committee, reported an
anticipated additional allocation of FY98 state aid to cities and towns experiencing
significant increases in enrollment. Above-foundation districts may expect an
additional$7.8 million of one-time grants.
8:25 p.m. The Moderator declared the meeting open under Article 28.
T I
332
Adjourned Town Meeting-April 16, 1997 cont....
ARTICLE 28: ZONING BY-LAW RO TO CD- 16 HAYDEN AVENUE
8:25 p.m. PresentedbyFrancis W.K. Smith, Pr.3.
MOTION: That the Zoning By-Law of the Town of Lexington be amended by
changing the zoning district designation of the land described in the Article from
the RO, One Family zoning district, to CD,Planned Commercial district.
The boundaries of the CD,Planned Commercial, district shall be as set forth in the
Article.
•
The land in the CD, Planned Commercial Development district, shall be subject
oP
to the preliminary site development and use plan originally filed on January 13,
1997,and revised and resubmitted on April 9, 1997 which has been filed with the
Planning Board and the Town Clerk, in accordance with the provisions of the
Zoning By-Law of the Town of Lexington.
8:26 p.m. Mr. Smith asked the Moderator to recognize Michael Martignetti.
Mr.Martignetti briefly explained his plans and requested the Moderator recognize
Larry Smith.
8:29 p.m. Larry Smith presented the proposal, explaining an anticipated
$75,000 tax revenue, annual $30,000 to $50,000 annual commitment to traffic
control, and a$4,000/year for 10 years contribution to LEXPRESS.
8:42 p.m. The Moderator recognized Richard Canale for a Majority Report of
the Planning Board. Mr. Canale requested the report be accepted and placed on
file. After unanimous voice vote, the report was accepted and placed on
file.
Mr. Canale reported that a majority of the Planning Board(3 to 2)disapprove the
petition by 16 Hayden Avenue,reporting that the proposal is not the right proposal,
has too much use on a small lot with insufficient mitigation. The medical use
proposed has no assurance that the 3 potential tenants (Lexington Medical
Associates,Lexington Eye Associates,and Lexington Pediatrics)would sign leases.
8:50 p.m. Fred Merrill,Planning Board,presented the Minority Report of the
Planning Board (2 members). Mr. Merrill explained they felt this proposal
presented an opportunity to be part of the solution to the Town's revenue problems,
that zoning is a privilege not a right, and that the design greatly improved during
the course of plan submission and takes advantage of the existing infrastructure.
8:54 p.m. Daniel Busa, Board of Selectmen,stated the Board's strong support
for passage of this article, explaining that the proposed use is appropriate for the
lot and will benefit the town; traffic solutions proposed are appropriate, and the
Board's commitment to making the proposal work. Mr.Busa urged voting in favor
of the article.
8:55 p.m. Joyce Miller,Conservation Commission, explained that the planned
project at 16 Hayden Avenue has not yet come before the Conservation
Commission but the Commission has established the wetland line on the site and
does have a concern with possible illegal fill on the site. The Commission cannot
make a statementon this article at this time.
8:57 p.m. Joel Adler,Pr.l, questioned if a revised proposal could come back
to Town Meeting in the fall, or 2 years later? The Moderator stated that with
changes, a defeated proposal can come back in the fall. Mr. Adler stated his
support for the article and welcomed the addition to the town and area.
333
Adjourned Town Meeting-Apri116, 1997 cont...
8:59 p.m. Dr. Ralph Freidin, resident of 41 Somerset Road and physician at
Lexington Medical Associates,spoke about the Lexington Medical Center's search
for new office space over the past 5 years and commitment to move into the
building, with further commitment to occupy the space made by Mr. Steve
Shufrow from the Lahey Hitchcock Medical Center.
9:02 p.m. Bruce Collier, Pr.3, presented information on commercial and
residential revenue sources.
9:08 p.m. Carolyn Tiffany, Pr.8, commented on the work of neighborhood
associations and spoke in opposition to the article feeling the development would
have too big an impact on the area.
9:13 p.m. Louise Kava, Pr.9, spoke in opposition, commenting on the large
size of the project.
9:16 p.m. John Sawyer, 10 Eliot Road, spoke in favor of the proposal, f
stating its unique solution for a unique location and the right size for the location.
Mr. Sawyer urged support.
9:18 p.m. Albert Zabin, Pr.1, spoke in support of the proposal.
9:23 p.m. Thomas Fenn,Pr.9, strongly recommended passage and read a list
of 28 reasons to pass the motion. Mr. Fenn urged support. I.
9:27 p.m. Paul Lapointe,Pr.2, spoke in favor of the motion, commenting on
the_current tax allocation of 87% residential vs. 13% commercial. j
i'.
9:30 p.m. Elizabeth Flynn,310 Concord Avenue,spoke from the balcony and
commented on ongoing commercial development in precinct 3. Mrs. Flynn spoke
in opposition to the proposal.
9:33 p.m. John Davies, Pr. 4, Planning Board, requested the Moderator
recognize Planning Board member Anthony Galaitsis for further Planning Board
comments. Mr. Galaitsis discussed the Floor Area Ratio of the 16 Hayden Avenue
proposal versus that of 55 Hayden Avenue, 20% vs. 30%.
9:36 p.m. Judith Uhrig, Pr.4, moved the question.
9:37 p.m. After a voice vote, the moderator was unsure of the vote and called
for a standing vote on shall the main question now be put. The Town Clerk tallied
the vote as follows:
Precinct Yes No
1 8 6
2 8 •8
3 4 11
4 5 9
5 7 13
6 7 10
7 6 8
8 1 12
9 7 8
At large 7 8
TOTAL 60 93 i>
With insufficient votes in favor of the main question now being put, discussion
continued.
9:40 p.m. William Simmons, Pr.6, responded that Floor Area Ratios should
be considered for each project separately on an individual basis. Mr. Simmons
spoke in favor of the article.
Adjourned Town Meeting-April 16, 1997 cont....
9:41 p.m. Paul Jenkins, Pr.8, supported the project's use for the land and
potential impact for reducing Lexington center area traffic. Mr. Jenkins asked for
further comment from the Planning Board on its reference that the submission of
the proposal for 16 Hayden Avenue was somewhat chaotic. Richard Canale
responded to Mr.Jenkins' request with a few examples.
9:45 p.m. Sam Silverman, Pr.5, commented that commercial development
didn't automatically reduce the residential tax rate.
9:47 p.m. Bob Bowyer, Planning Director, addressed costs of commercial
development to services.
9:50 p.m. Sam Silverman,. Pr.5, requested the Planning Board consider for
future articles, looking at comparable towns with more commercial development
and impact on residential tax rates.
9:53 p.m. Nyles Barnert, Pr.4, spoke in support of the proposal for safety
reasons,believes the project will help address traffic problems at Hayden Avenue
and Waltham Street.
9:55 p.m. Jeanne Krieger,Pr.3, spoke in opposition to the article as a member
of the Board of Directors of the South Lexington Civic Association.
9:56 p.m. Eric Michelson, Pr.3, deferred to Richard Michelson, Pr.8.
Richard Michelson spoke in favor of the motion,noting its ideal use of the property
and its potential for improving the downtown parking situation. He also favored
the growth in commercial revenue.
9:58 p.m. Ephraim Weiss, Pr.5, spoke against the proposal.
10:00 p.m. Jonathan Lederman, Pr.7, moved the question.
10:00 p.m. After a voice vote, the moderator declared the main question before
the meeting and three minutes left to the maker of the motion.
10:00 p.m. Francis W.K. Smith yielded to Michael Martignetti. •
Mr. Martignetti summarized reasons for support, including downsizing of the
original proposal and increased tax revenue to the Town.
10:06 p.m. As this motion requires a two-thirds vote, the Moderator declared
a standing vote in order. The Town Clerk tallied the vote as follows:
Precinct Yes No Abstain
1 15 2
2 13 3
3 9 7
4 11 2 1
5 16 4
6 15 3
7 10 6
8 10 6
9 10 6
At large 11 5
TOTAL 120 44 1
More than the required two-thirds, the motion was adopted at 10:08 p.m.
335
Adjourned Town Meeting-April 16, 1997 cont....
10:09 p.m. Eric Michelson, Pr.3, gave a report of the Long Range Planning
Committee.
ARTICLE 46: USE OF FUNDS TO REDUCE TAX RATE
•
10:10 p.m. Presented by Selectman Leo McSweeney. E
MOTION: That the sum of$1,233,000 be appropriated to reduce the tax levy
for the fiscal year beginning July 1, 1997, and that such amount be transferred
from the Unreserved Fund Balance.
•
10:12 p.m. Mr.McSweeney explained that these funds were required to balance
the budget.
10:13 p.m. Peter Kelley, Pr.4, made the following amendment:
MOTION: That the.Motion under Article 46 be amended by changing the
figure"1,233,000" to"$1,483,000".
Mr. Kelley explained that the amendment to the original motion was being made
to provide for a $250,000 increase in appropriation, replacing the $250,000
drawn from the sewer enterprise fund. He felt this was a critical policy decision
which addresses the charging of enterprise funds in lieu of taxes.
10:16 p.m. Selectman Peter Enrich spoke in opposition to the amendment,
stating that a majority of the Board of Selectmen have voted to stay with the
Board's free cash policy. The Selectmen are committed to analysis for each
enterprise fund's use in future years.
10:20 p.m. Paul Lapointe, Appropriation Committee, expressed that a majority
of the Appropriation Committee rejects the amendment and supports the original
motion.
10:22 p.m. Ny1es Barnert, Pr.4, questioned the free cash fund balance.
10:24 p.m. Joel Adler,Pr.1, spoke in favor of the amendment as the enterprise
payments are not tax-deductible payments and the water rates are horrendous.
10:25 p.m. Ephraim Weiss, Pr.5, spoke on the impact on water and sewer rates
and the one-time tax on enterprise fund. He accepts this policy for a short term.
10:28 p.m. Neal Boyle, Pr.7, spoke in favor of the amendment, opposing
payments in lieu of taxes.
10:29 p.m. Eric Michelson, Pr.3, favored the amendment.
•
10:31 p.m. Leo McSweeney,Board of Selectmen, rose to speak in favor of the
amendment.
10:34 p.m. Sheldon Spector, Pr.6, moved the question. After a voice
vote the moderator declared the amended question before the members.
10:35 p.m. Peter Kelley, maker of the amendment,reviewed the reasons for his
amendment.
336
Adjourned Town Meeting-April 16, 1997 cont....
1.0:37 p.m. After calling a voice vote the Moderator was unsure of the vote and
called for a standing vote. The Town Clerk tallied the vote as follows:
Precinct Yes No
1 11 5
2 8 3
3 9 7
4 6 9
5 11 8
6 4 1.3 •
7 13 2
8 6 10
9 5 10
At large 3 13
TOTAL 76 80
•
10:40 p.m. With insufficient votes in favor of the amendment, the amendment
was declared not adopted.
10:40 p.m. After a voice vote, the motion as originally made by
Mr. McSweeney, was declared adopted.
10:40 p.m Michael J. O'Sullivan, Pr.1, moved RECONSIDERATION OF
ARTICLE 33 (see page 286).
10:45 p.m Marshall Derby, stating nothing new had been presented for
reconsideration, spoke in opposition to reconsideration. David Kanter, Pr.7, urged
reconsideration for sufficient clarification and new information.
Motion to reconsider Article 33 was declared lost by voice vote at 10:46 p.m.
The Moderator apologized to Mr. Brooks who was mistakenly overlooked in his
interest to speak to reconsideration of Article 33.
Sam Silverman spoke to recognize the efforts of Caleb Warner and Charles Hornig
for the behind the scenes work manning the public address system at town meeting
this year.
10:47 p.m. Charles Shaw, Pr.1, moved RECONSIDERATION OF
ARTICLE 31 (see page 292).
10:50 p.m. Stephen Tripe 12 Freemont Street, spoke in favor of reconsideration.
10:53 p.m. George Bumell,Pr.7 , spoke against reconsideration
Motion to reconsider Article 31 was declared lost by voice vote at 10:55 p.m.
Leo P.McSweeney moved that this 1997 Annual Town Meeting be dissolved. This
motion was declared adopted unanimously at 10:56 p.m.
A true copy.
Attest: a-'6-
Donna M.Hooper,Town C7 rk