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HomeMy WebLinkAbout1997-10-20 to 1997-11-19-STM-min 341 SPECIAL TOWN MEETING October 20, 1997 (See Warrant File for Warrant) The meeting was called to order by the Moderator,Margery M.Battin at 8:05 p.m.in Cary Memorial Hall.There were 175 Town Meeting Members present. 8:06 p.m. Town Clerk, Donna M. Hooper, read the warrant for the meeting until further reading was waived. The Town Clerk read the Constable's Return of the warrant. 8:09 p.m. The Moderator announced the procedures for the conduct of the meeting. Precinct Clerks were appointed as tellers and Roger Borghesani,Vice Chairman of the Appropriation Committee, is to serve as teller for the at-large members and members serving on Boards and Committees. 8:13 p.m. The Moderator declared that Article 1 was now before the meeting and would remain open throughout the meeting. ARTICLE I: REPORTS OF TOWN BOARDS,OFFICERS,COMMITTEES 8:13 p.m. Richard Canale,Chairman of the Planning Board,reported that a Special Town Meeting would be held Wednesday,November 19, 1997 at 8:00 p.m.to discuss a request from Spaulding and Slye for a rezoning of 55 Hayden Avenue. A public hearing on this request is scheduled for 8:00 p.m. on November 3, 1997 in Estabrook Hall. 8:15 p.m. Paul Lapointe, Chairman of the Appropriation Committee, moved that the Committee's report be accepted and placed on file. The motion by Mr. Lapointe to accept the report of the Appropriation Committee was adopted unanimously. Mr.Lapointe commented briefly on the Committee's report. 8:20 p.m. William Kennedy, Chairman of the Capital Expenditures Committee, moved that the Committee's report be accepted and placed on file. The motion by Mr. Kennedy to accept the report of the Capital Expenditures Committee was adopted unanimously. Mr.Kennedy commented briefly on the Committee's report. 8:30 p.m. The Moderator declared the meeting open under Article 2. ARTICLE 2: REMODELING/CONSTRUCTION OF TOWN SCHOOLS 8:30 p.m. Presented by Barrie Peitz,School Committee. MOTION: That the sum of$68,200,000 be appropriated for constructing, originally equipping and furnishing additions to and remodeling, reconstructing and making extraordinary repairs to Lexington High School, Clarke Middle School, Diamond Middle School and Barrington Elementary School and for the purchase of computer hardware and software and portable classrooms; that to meet this appropriation the Treasurer with the approval of the Board of Selectmen is authorized to borrow $68,200,000 under Chapter 44 of the General Laws 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, provided, however, that no debt may be incurred under this vote for any one of the listed schools except for up to $8,800,000 for planning and other preliminary expenses, and for portable classrooms, until the State Department of Education has issued a project number and acknowledged receipt of a completed project application, and provided further that this vote shall not take effect until the Town votes to exempt from the limitation on total taxes imposed by G.L.c.59,§21 C(Proposition 2 %2)amounts required to pay the principal of and interest on the borrowing authorized by this vote. 341 SPECIAL TOWN MEETING—OCTOBER 20, 1997 cont 8:32 p.m. Mrs.Peitz requested the Moderator recognize Superintendent of Schools Dr. Jeffrey Young. Dr.Young explained the process and plans for the project— addressing safety,equity,and excellence in the system. The project encompasses the High School,Diamond Middle School,Clarke Middle School, and Harrington Elementary School. 8:42 p.m. Mrs. Peitz requested the Moderator recognize Mr. John Miller from the architectural firm of HMFH Architects. Mr. Miller briefly presented the designs for the four schools at which work is proposed. 8:47 p.m. Mrs.Peitz stated the School Committee's willingness to offer an amendment to reduce the project to the three secondary schools if the entire Board of Selectmen would support such plan. 8:49 p.m. William Kennedy, Capital Expenditures Committee, stated the unanimous recommendation of the Committee and summarized the reasons for approving the proposed project. Mr. Kennedy acknowledged the expertise and efforts of the Permanent Building Committee. 8:52 p.m. Paul Lapointe, Appropriation Committee, summarized the report of the Committee and stated the Committee's unanimous recommendation of support for Article 2. 9:10 p.m. Leo P. McSweeney, Chairman of the Board of Selectmen, spoke on behalf of himself and fellow member Daniel Busa. Mr. McSweeney stated that he and Mr. Busa did not support the proposal at this time. He summarized other - municipal increases which could, in conjunction with the proposed school project,bring the FY99 tax rate increase to approximately 9%. 9:16 p.m. Selectman Dan H. Fenn addressed the town's being faced with a deteriorating infrastructure and increasing school enrollment. Mr.Fenn stated his confidence in the Permanent Building Committee and support of the proposed project. Mr. Fenn also referenced the support for the project by fellow Selectmen Peter Enrich and Betty Eddison. 9:19 p.m. Selectman Peter Enrich read a facsimile received from Selectman Betty Eddison which she sent, in her absence from the meeting, in support of the project. Mr. Enrich also spoke to the importance and value of the proposal before the meeting. 9:25 p.m. William Simmons,Pr.6,spoke to the process used. 9:27 p.m. David Kanter, Pr.7, spoke in support of the article, stating that he felt it was prudent and worthwhile to support. 9:29 p.m. Mr. Geza Szonyi, 177 Cedar Street,spoke from the audience and addressed the need to reduce the tax burden for those persons on fixed income and proposed that a project such as this should be taxed as an income tax instead of a real estate tax. 9:31 p.m. Dennis O'Connor, Pr. 6, spoke in opposition to the article and moved that the motion under Article 2 be amended to read as follows: MOTION: That the sum of$5,000,000 be appropriated for constructing, originally equipping and furnishing additions to and remodeling, reconstructing, and making extraordinary repairs for school buildings; that such amount be raised in the tax levy; and that the Permanent Building Committee be authorized to take all action necessary to carry out this project, provided, however, that this vote shall not take effect until the Town votes to assess an additional$5,000,000 in real estate and personal property taxes for the purposes of this article for the current fiscal year as provided in G.L. c. 59, x'21 C(i i)(Proposition 2 4). SPECIAL TOWN MEETING—OCTOBER 20, 1997 cont..... 9:35 p.m. Mr. O'Connor explained that this amendment requires a one-time $5,000,000 over-ride into a Capital Exclusion Fund. 9:38 p.m. Paul Lapointe, Appropriation Committee, briefly reviewed the proposed amendment and suggests that it may be flawed,questioning the source of funds for Mr. O'Connor's proposal. He stated the Appropriation Committee's unanimous opposition to the amendment. 9:42 p.m. William Kennedy, Capital Expenditures Committee, stated the Committee's opposition tothe amendment and questioned the funding source. 9:42 p.m. Albert Zabin,Pr.1,questioned the financing for the amendment and what other expenses would be sacrificed. 9:44 p.m. David Kaufman, Pr.6, questioned if this amendment amounted to a one-time override or if the$5,000,000 would be built into the tax rate forever. 9:45 p.m. Robert Cohen, Pr.3, questioned if Mr. O'Connor could speak further to complete his presentation. The Moderator explained that Mr. O'Connor had used his 3 minutes allowed. 9:47 p.m. Bruce Collier,Pr.3,questioned the funding proposal. 9:49 p.m. Mr. O'Connor explained that the plan would have to be redone to fit within the bond amount. 9:49 p.m. David Kanter, Pr.7, questioned the timing for the bonding and the start of the program. 9:50 p.m. Leo McSweeney,Board of Selectman Chairman, stated that the Selectmen had no recommendation on the amendment at this time. 9:51 p.m. Eric Michelson,Pr.3,questioned the reference to reimbursement which appears on the last page of Mr.O'Connor's proposal: Mr. O'Connor explained that if the school plan meets State guidelines then the debt service would be partially reimbursable by the State. 9:52 p.m. Fred Rosenberg stated unanimous opposition to the amendment by the School Committee. 9:54 p.m. Jonathan Lederman, Pr.7, questioned necessary votes by the Board of Selectmen to call for an over-ride vote. 9:55 p.m. Leo McSweeney stated he felt that the process was important at this time and supported more discussion. After the vote at town meeting the Board of Selectmen would discuss the project at an upcoming Selectmen's meeting. 9:56 p.m. William Simmons, Pr.6, questioned if the enrollment explosion at the middle schools is a surprise to Mr.O'Connor. 9:57 p.m. Mr.Martin Long,26 Grant Street,addressed the analysis on the cost projection over the life of the bond and net present value. 9:59 p.m. Dawn McKenna, Pr.9, questioned Mr. O'Connor if the proposal was for $50,000,000. 10:00 p.m. Mr. O'Connor stated that $50,000,000 is the most that can be afforded under this plan. 10:01 p.m. Dawn McKenna,Pr.9,stated her opposition to the amendment. 343 SPECIAL TOWN MEETING—OCTOBER 20, 1997 cont 10:01 p.m. Mr. Rene Varrin,Pr.2,questioned if the 59% State reimbursement for projects in the pipeline this year would be available four years from now. 10:02 p.m. Mrs. Peitz explained that although the reimbursement is not guaranteed once iI the project is on the State's list the 59%is locked in. ' 10:02 p.m. With time for discussion elapsed, the Moderator called the vote on the amendment. Following a voice vote, the Moderator declared the amendment not adopted. 10:03 p.m. Charles Hornig, Capital Expenditures Committee, questioned Town Counsel Norman Cohen on the 45 day limit for conditional vote of a town meeting override vote. Mr. Cohen stated that a vote would have to be held within 45 days from the end of this town meeting. 1.0:07 p.m. Nicholas Santosuosso,Pr.4,moved to adjourn. 10:08 p.m. The Moderator called for a formal recess to discuss timing for an election. 10:11 p.m. The Moderator called the Special Town Meeting back into session and explained that a vote would have to occur within 45 days of dissolution of the Special Town Meeting. 10:12 p.m. Ephraim Weiss, Pr.5, also questioned timing for a vote bv the Selectmen and the conduct of an election. 10:13 p.m.. Paul Hamburger,Pr.5,commented on the delay in timing. 10:14 p.m. Dawn McKenna, Pr.9, asked for a point of information and whether it was possible for the Board of Selectmen to vote on an override of proposition 2 '/2 before the dissolution of Town Meeting. 10:14 p.m. Sheldon Spector, Pr.6, requested a point of parliamentary inquiry and if Mr. Santosuosso had withdrawn his motion to adjourn. 10:14 p.m. The Moderator asked Mr. Santosuosso if he wished to withdraw his motion to adjourn. Mr. Santosuosso withdrew his motion. 10:14 p.m. Albert Zabin, Pr.1, commented on the need for the proposed project and the ability of citizens to pay for the project. Mr. Zabin stated that there was no creditable argument for the vast majority of people in this town that it wasn't affordable. Mr.Zabin condemned that State's financing of Education. 10:18 p.m. Henry Zuerndorfer, a resident from Pr.l, spoke from the balcony about other municipal expenses confronting the town in addition to the schools and estimates of the upcoming expenses. 10:20 p.m. Donald Jenkins, Pr.8, urged defeat of the article and suggested a few options, referencing the April 1996 Building Finance Report and the September 1995 School Renovation Report. 10:24 p.m. William Bruckman, Permanent Building Committee, was recognized by the Moderator to respond to Mr.Jenkins' comments. Mr.Bruckman explained that the Permanent Building Committee had reviewed the Building Finance Committee report and found problems with the scope of the renovations, its qualification for state reimbursement, and the accuracy of estimates. Significant errors were identified in the report. Mr. Bruckman also explained that the Building Finance Committee Report did not address all of the needs of the school department. 10:27 p.m. James Barry, Pr.l, asked for a roll call vote. With less than the required 50 persons standing in favor of a roll call vote the Moderator declared the r�i defeated. request 344 SPECIAL TOWN MEETING—OCTOBER 20, 1997 cont 10:28 p.m. James Barry, Pr.l, then questioned town meeting's prior appropriations to the school department and expectations that such appropriations would have addressed all needs. 10:29 p.m. Donald Jenkins, Pr.8, explained that the Building Finance Committee report had addressed use of existing space. 10:30 p.m. Bruce Collier, Pr.3, addressed the Building Finance Committee report and issues the report failed to address. 10:31 p.m. Jonathan Lederman,Pr.7,moved the previous question. After a voice vote the Moderator declared the motion adopted. 10:32 p.m. The Moderator declared that the main question was now before the meeting and asked Barrie Peitz, the maker of the motion, if she wished to speak further. Ms. Peitz summarized the reasons for approving the project and thanked the members for attending the meeting and for their support. 10:34 p.m. With a two-thirds vote required,the Moderator called for a standing vote. The vote was tallied as follows: Precinct In Favor Opposed 1 11 7 2 13 2 3 9 6 4 13 2 5 15 3 6 19 2 7 13 6 8 14 2 9 13 3 At-large 16 2 TOTAL 136 35 10:37 p.m. More than the required two-thirds having voted in favor,the motion is declared adopted. 10:38 p.m. Leo McSweeney moved that this meeting be adjourned until Wednesday, October 22, 1997 at 8:00 p.m.in Cary Memorial Hall. Adopted unanimously at 10:38 p.m. A true copy. -)k?Attest: 07th Donna M.Hooper,To Clerk 345 ADJOURNED SESSION OF SPECIAL TOWN MEETING October 22, 1997 The meeting was called to order by the Moderator, Margery M. Battin at 8:13 p.m. in Cary Memorial Hall. There were 153 Town Meeting Members present. 8:13 p.m. The Moderator announced the procedures for the conduct of the meeting. Precinct Clerks were appointed as tellers and Roger Borghesani, Vice Chairman of the Appropriation Committee,is to serve as teller for the at-large members and members serving on Boards and Committees. 8:14 p.m. The Moderator declared that Article 1 was now before the meeting and would remain open throughout the meeting. ARTICLE 1: REPORTS OF TOWN BOARDS,OFFICERS,COMMITTEES 8:14 p.m. Leo P.McSweeney,Chairman of the Board of Selectmen,reported that December 8, 1997 would be the election date for an override vote to put the question on the school building project on the ballot. Mr. McSweeney explained that the Board needs to work out the structure of the question but there is a presumption that the 8th of December will be the date for the election. Mr. McSweeney indicated he would be requesting to adjourn this meeting until November 19, 1997 so the Town may keep within the regulations when scheduling an election for December 8th . 8:16 p.m. The Moderator declared the meeting open under Article 3. ARTICLE 3: LIBRARY CONSTRUCTION 8:16 p.m. Presented by Dan Fenn,a member of the Board of Selectmen and Library Trustee. MOTION: That the sum of$1,050,000 be appropriated, in addition to the amount appropriated under Article 14 of the Warrant for the 1996 Annual Town meeting, to construct, originally equip and furnish an addition to and remodel, reconstruct and make extraordinary repairs to Cary Memorial Library,to purchase additional library equipment including computer hardware and software and to remodel Cary Hall for use as an interim library during construction; that to meet this appropriation the Treasurer,with the approval of the Selectmen, is authorized to borrow$1,050,000 under G.L.c,44,§7;that the Board of Library Trustees with the approval of the Selectmen are authorized to apply for,accept and expend any federal or other grants or donations that may be available for this project provided that the amount of the authorized borrowing shall be reduced by the amount of such aid received prior to the issuance of bonds or notes under this vote; and that the Permanent Building Committee is authorized to take all action necessary to carry out this project. 8:17 p.m. Mr.Fenn explained in conjunction with the action taken on the library renovation project at the 1996 Annual Town Meeting,this article requests up-front funds due to the increased cost of the project of approximately $1,050,000 which is requested this evening. Mr. Fenn further explained that the Town's share of the project has not changed from the $2,463,808 appropriated in 1996 but the responsibility of the Trustees has been increased to approximately $3,507,192. The amount granted from the state is$2,866,000. Mr.Fenn further addressed two questions which he thought key to this request: Why does the Town need to bond this project? and; What will happen if the trustees cannot raise the amount needed? Mr.Fenn further stated that the Trustees have pledged to draw on or borrow on up to $1,000,000 of Cary Library's endowment fund and agree to continue the fundraising drive until the goals have been reached, paying both principal and interest until the complete amount has been raised. Mr.Fenn stated that the Selectmen have voted unanimous approval of this article, jLkO ADJOURNED TOWN MEETING—October 22, 1997 cont... 8:26 p.m. The Moderator recognized Reverend Peter Meek, Chairman of the Cary Library Trustees. Reverend Meek briefly summarized the renovation plan and process undertaken thus far and requested favorable action from town meeting. 8:28 p.m. Charles Hornig, Capital Expenditures Committee, expressed the Committee's unanimous approval of Article 3 and further stated the Committee's unanimous support for its inclusion as a debt exclusion at the special election. 8:30 p.m. Roger Borghesani, Appropriation Committee, expressed unanimous support for Article 3 by the Appropriation Committee, stating that concern about Town liability issues had been covered. The Moderator explained that Cary Library Trustee membership is comprised of representatives from the Board of Selectmen, School Committee, and settled ministers of the community and inquired if the School Committee had taken a position on the article. 8:30 p.m. School Committee member Susan Elberger explained that the School Committee had not voted on the article as a committee but that each member present this evening individually supported the request. 8:31 p.m. Ephraim Weiss, Pr.5, expressed his support for the library but his difficulty in understanding the motion. 8:32 p.m. _Mr.Fenn explained the article provided for the appropriation of additional funds. 8:33 p.m. Sheldon Spector,Pr.6,questioned costs for temporary relocation of the library. 8:33 p.m. Assistant Library Director Connie Rawson explained costs for relocation and renovations needed to Cary Hall. 8:35 p.m. Kenneth Reich, Pr.4, questioned the recommendations by the Capital Expenditures Committee and Appropriation Committee to include this in an override amount. 8:35 p.m. Charles Hornig, Capital Expenditures Committee, addressed a debt exclusion override. 8:38 p.m. Mr. Reich further questioned Mr.Fenn who explained that this is an up-front loan and that the Town is permanently responsible for$2,463,808. 8:39 p.m. Paul Lapointe,Appropriation Committee, explained the Committee recommends inclusion in a debt exclusion vote that debt which was previously authorized but not issued. Exhibit "A" of the Committee's report recommends that the debt authorization of the last 3 town meetings be in the debt exclusion. The Committee advocates including $2,463,808 that Mr. Fenn had stated as the Town's level of Commitment in 1996. Mr. Lapointe explained that the state grant and Town share were to be available fairly immediately, with the Library Trustees addressing two approaches for the remaining. 8:43 p.m. Mr.Fenn explained the Town's short-term exposure to be$6,034,080 (comprised of the$2,463,000 plus$3,500,000). 8:44 p.m. Jim Barry, Pr.l, stated his support for the library but questioned the temporary relocation of Cary Library to Cary lIall, suggesting the former Munroe School building as a possible alternative, 347 ADJOURNED TOWN MEETING—October 22, 1997 cont... 8:45 p.m. Mr. Fenn explained that the Munroe Center for the Arts currently occupies Munroe School building. 8:45 p.m. Reverend Meek explained that the Library Trustees had avoided that conflict by locating the library temporarily to Cary Hall. 8:46 p.m. Jim Barry,.Pr.1,suggested the site should still be explored as a possibility. 8:46 p.m. Mr. Fenn explained that he understood the building had systems problems and access problems. 8:46 p.m. Robert Cohen,Pr.3,questioned availability of Cary Hall for voting purposes. Town Manager Richard White explained that the voting issue is problematic, especially with the recent vote on the school renovation project,it is possible that besides Cary Hall, the Town may need to relocate voting currently held at the High School, Diamond Middle, Clarke Middle and Harrington Elementary schools. • i 8:48 p.m. John Hayward,Pr.5,asked Reverend Meek how much has been raised thus far in the fundraising efforts and what kind of information is expected in the report anticipated from DDI,Inc.in December. 8:48 p.m. Reverend Meek explained that no funds had been raised thus far and that he wasn't sure over what period of time it would take to raise the necessary funds. 8:50 p.m. Richard Enrich,Pr.3,asked what the Town would do if the Trustees failed to raise the necessary funds,who is responsible? II 8:51 p.m. Mr. Fenn explained that the Trustees had pledged as much of the endowment as possible and will conduct fundraising and assume the interest and principal costs until the entire amount is paid. Mr. Fenn further explained that an agreement would be signed between the Town and Library trustees that fundraising would be continued until the entire amount is paid. 8:53 p.m. Mr. Eurich questioned if the commitment is not met then is the Town "on the hook". Mr. Fenn commented that the commitment will be met and that the fundraising will be conducted until the goal is met and the Trustees are committed to the pledge. 8:55 p.m. The Moderator recognized Mr. Steven Tripi, a resident of precinct 8, who explained that he thought with the access to libraries through the computer's Worldwide Web/Internet that libraries should be getting smaller instead of bigger and the he has a concern about costs to citizens and what is subject to an override. Mr. Tripi requested someone address the amount of the override which may be needed for the library and questioned comments made to him by some town meeting members about his holding signs outside the hall this evening. The Moderator explained an earlier statement made by the Selectmen this evening regarding the potential override and that the question had not yet been determined. 8:58 p.m. Paul Lapointe, Appropriation Committee, explained that the Committee's report suggests previously approved debt be included in an override and that the Committee is quite comfortable with the pledge of the Trustees to continue fundraising. 9:00 p.m. Steven Tripi questioned if there will be an override in the future if the trustees cannot meet the obligation? 9:01 p.m. Mr.Fenn emphatically stated"No". 348 ADJOURNED TOWN MEETING October 22, 1997 cont... 9:01 p.m. Mr.Tripi questioned where the funds would come from. Mr.Fenn explained that the Trustees will continue to raise funds and that he would gladly meet with Mr. Tripi to discuss his concerns further. 9:02 p.m. Bruce Collier,Pr.3,spoke in support of the article. 9:05 p.m. Robert Whitman, Pr.8, stated that the motion before the meeting has made no mention of an override. 9:06 p.m. Robert Rotberg, Pr.3, spoke in favor of the article and expressed his concern on having the endowment fund pledged. 9:08 p.m. Mr. Ed Natale, a resident of precinct 4, spoke from the audience, questioning Reverend Meek why there had been no fundraising over the past year. Reverend Meek explained that the process has been going on one step at a time and that fundraising had been explored some months ago and the trustees have now found a fundraiser with whom to work. Mr. Natale questioned Mr. Fenn about previous comments that construction wouldn't begin until financing is in place and the previous comment of Town Counsel that financing and fundraising are interlinked. 9:10 p.m. Mr. Fenn explained that he couldn't imagine anyone having said all fundraising would have to be complete before the project begins. . Reverend Meek stated previously 3 sources of funding depended upon one another for the success of the project. 9:12 p.m. Jeannette Webb,Pr.4,moved the question. 9:12 p.m. The Moderator asked if the main question should now be put. After a voice vote the Moderator declared that the question was now before the meeting and asked Mr. Fenn, the maker of the motion, if he wished to speak further. Mr. Fenn declined. 9:13 p.m. The Moderator stated that since a two-thirds vote is required, if the vote is not unanimous a standing vote would be required. 9:14 p.m. After a voice vote,the Moderator declared the article passed by unanimous vote. 9:14 p.m. ARTICLE 4: STREET RELATED IMPROVEMENTS Selectman Leo McSweeney moved postponement of the article until Wednesday, November 19, 1997. After a voice vote the Moderator declared unanimous adoption of the motion. 9:14 p.m. ARTICLE 5: GRANT PLACE EASEMENT 9:14 p.m. Presented by Thomas Fenn and David Williams. MOTION: That the Selectmen be and they hereby are authorized to grant a permanent easement to the owner of the property at 2 Grant Place to continue to use the existing portion of their driveway that extends onto Lot 106 shown on Assessor's Property Map 48 for one dollar and on such other terms as the Selectmen may determine. Mr. Fenn, attorney for Russian and Fenn; and Mr. Williams, of the offices of Lester Savage Realtors,presented information on the estate of Mrs.Grace and the need for access to the property through town-owned land. 349 ADJOURNED TOWN MEETING—October 22, 1997 cont... • 9:17 p.m. Eric Michelson, Pr.3, served notice of reconsideration on Article 3. The Moderator declared that notice was timely served. 9:21 p.m. Marita Hartshorn,Pr.2,questioned if the agreement could allow access to the bike path. Mr.Fenn explained that he believed that in writing the easement that a stipulation could be included for bike path access. Town Counsel Norman Cohen confirmed Mr.Fenn's statement. 9:23 p.m. David Kanter, Pr.7, asked if only the current dimensions of the driveway would be included in the easement. Mr.Fenn confirmed,yes. 9:24 p.m. Ephraim Weiss, Pr.5, questioned why the town is being asked to use the right of way for parking. Mr.Fenn explained that lot 106 cuts in front of lot 105 and that part of 106 is required to allow entrance to lot 105. 9:25 p.m. Florence Baturin,Pr. 6,asked why the town doesn't consider selling the entire lot 106 to eliminate the problem. 9:26 p.m. Bruce Collier, Pr.3, inquired if the agreement will include binding stipulation for bike path access. 9:26 p.m. Mr. Fenn indicated that no stipulation has been placed on the prospective buyer but he has said he could do this. • 9:27 p.m. Sheldon Spector,Pr.6,moved the question. 9:27 p.m. After a voice vote, the Moderator declared the main question before the meeting and 3 minutes left for Mr.Barnert who deferred to Mr.Fenn. Mr. Fenn stated he and Mr. Williams were acting in their professional capacities and would be abstaining from the vote. 9:29 p.m. After a voice vote the Moderator declared the motion adopted. 9:29 p.m. Mr.McSweeney moved adjournment to November 19, 1997 at 8:00 p.m. Adopted by voice vote 9:29 p.m. II. A true copy. Attest: sbt, Donna M Hooper,Town I lerk • Katherine Kiefer, 55 Pleasant Street, resigned as a Town Meeting Member from Precinct Two effective October 31, 1997. With no defeated candidates on record from the March_3 Annual Town Election, a special election will be held of members from precinct 2 to fill this vacancy. 6 SPECIAL ELECTION TOWN MEETING MEMBERS—PRECINCT TWO NOVEMBER 19,1997 A vacancy existed in the membership of Precinct Two Town Meeting Members due to the resignation of Katherine Kiefer,55 Pleasant Street on October 31, 1997. Therefore,a special election for Town Meeting Members of Precinct Two was held on November 19, 1997 at 7:30 p.m.in Cary Memorial Building. This special election is held to determine a person to fill the vacancy caused by Ms.Kiefer's resignation. The term will expire in March, 1998. Chairman of the meeting: Manta B.Hartshorn Clerk of the meeting: Rene D.Varrin The meeting was called to order at 7:45 by Marita Hartshorn. There were 11 Town Meeting.Members from Precinct Two present. Ms.Hartshorn nominated Mr.David Rudner,47 Carville Avenue. The nomination was seconded. Further nominations were sought. With no further nominations,the election was held by secret ballot,counted by Rene Varrin and Marita Hartshorn. Results as follows: _David Rudner 11 It was declared that David Rudner was elected to a term to expire ending March 1998. Chairman, Marita B.Hartshorn /signed/ Clerk, Rene D.Varrin /signed/ Dated: November 19, 1997 November 19, 1997 I hereby accept a Town Meeting Member position in the Town Meeting Membership of Precinct 2 for a term ending March, 1998. /signed/ David Rudner 47 Carville Ave. 351 ADJOURNED SESSION OF I` October 20, 1997 SPECIAL TOWN MEETING November 19, 1997 • I+' The meeting was called to order by the Moderator,Margery M. Battin at 8:05 p.m. in Cary Memorial Hall. There were 143 Town Meeting Members present. 8:05 p.m. The Moderator announced the procedures for the conduct of the meeting. Precinct Clerks were appointed as tellers and Roger Borghesani, Vice Chairman of the Appropriation Committee,is to serve as teller for the at-large members and members serving on Boards and Committees. 8:05 p.m. The Moderator recognized Selectman Leo P.-McSweeney. Mr. McSweeney moved adjournment of the meeting until after the November 19, 1997 Special Town Meeting. After a voice vote the motion was declared adopted. A true copy. Attest: Sktivite311 ' Donna M.Hooper,Town ilerk SPECIAL TOWN MEETING of November 19, 1997 j.. The Special Town Meeting of November 19, 1997 was called to order by the Moderator, Margery M. Battin at 8:07 p.m. in Cary Memorial Hall. There were 143 Town Meeting Members present. 8:09 p.m. Town Clerk,Donna M. Hooper,read the warrant for the meeting until further reading was waived. The Town Clerk read the Constable's Return of the Warrant. 8:09 p.m. The Moderator announced the procedures for the conduct of the meeting. Precinct Clerks were appointed as tellers and Roger Borghesani, Vice Chairman of the Appropriation Committee,is to serve as teller for the at-large members and members serving on Boards and Committees. 8:09 p.m. The Moderator declared that Article I was now before the meeting and would remain open throughout the meeting. ARTICLE 1: REPORTS OF TOWN BOARDS,OFFICERS, COMMITTEES Mr.Dan Fenn,Board of Selectmen,requested the Moderator recognize Mr. f' Ed Shapiro for a report of the Gatchina,Russia Sister City Committee. Mr. Shapiro reported the need for donations of computers to Gatchina,Russia. 352 SPECIAL TOWN MEETING of November 19, 1997 cont 8:10 p.m. The Moderator declared the meeting open under Article 2. ARTICLE 2: ZONING BY-LAW,CRO TO CD—55 HAYDEN AVENUE The Moderator recognized Mr. Sam Berman, P3, who made the following motion under Article 2: cll0) That the Zoning By-Law of the Town of Lexington be amended by p a, changing the zoning district designation of the land described in the ' Article from the CRO,Regional Office zoning district,to CD,Planned00 Commercial district. 4-1Cll o N The boundaries of the CD,Planned Commercial,district shall be as set o GO CO forth in the Article. • C a, u w m m v o The land in the CD, Planned Commercial Development district, shall ��° be subject to the Preliminary Site Development and Use Plan cli u • ro m originally filed on October 3, 1997, and revised and resubmitted on a 4-1 V November 5, 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. Mr.Berman requested the Moderator recognize Mr.David R. Vickery, Senior Vice President of Spaulding&Slye to make the presentation on the article. Mr. Vickery explained the proposed development, accompanied by a brief slide presentation. 8:25 p.m. The Moderator recognized Mr.Fred Merrill for a report of the Planning Board on this Article. Mr. Merrill moved that the Report of the Planning Board be accepted and placed on file. The motion was approved PP by voice vote. Mr.Merrill further explained the Planning Board's unanimous support of this article and outlined the reasons for support,explaining that the developer has been very responsive to and addressed the concerns voiced — including proposing a smaller building, lower F.A.R., reduced parking, and modified types of lighting. Mr. Merrill stated the developer had agreed to conditions of approval to the Town and to provide contributions to the 128 Council and Town of Lexington. 8:30 p.m. Leo P. McSweeney, Chairman, Board of Selectmen, stated the unanimous support of the Board for this proposal. 8:30 p.m. Ms. Joyce Miller, Conservation Commission,posed questions to Mr. Vickery regarding the proposed commitment of the owner for an annual .$5,000 contribution to the Conservation Commission. Ms. Miller explained that the Commission has approved an order of conditions for the project and unanimously recommends approval of this article. The Commission believes the project will improve on current conditions of the site as well as the conservation trust. 8:34 p.m. Mr. Paul Hamburger, Appropriation Committee addressed six questions regarding the financial impact of the project on the Town, financial benefits and risks of projects. 8:37 p.m. Marita Hartshorn,Bicycle Advisory Committee,stated support for the article. 8:38 p.m. The Moderator recognized Mr. Donald Graham, Transportation Advisory Committee,who spoke in support of the article and the responsiveness of the proposal to transportation issues. 353 SPECIAL TOWN MEETING of November 19, 1997 cont 8:41 p.m. Bruce Collier,P3,spoke in support of the motion and questioned the status of the Lexpress contribution should Lexpress be abolished. Mr. Vickery agreed that the contribution would continue for transportation i mitigation initiatives. 8:45 p.m. Caleb Warner,P3,spoke in favor. 8:46 p.m. Dawn McKenna, P9, asked about the proposal's provision for separate building lots and installation of a traffic Iight at Hayden Avenue and Waltham Street. Mr. Vickery explained the proposal allows for subdivision under provisions that no setbacks,etc.are violated. Mr.Merrill explained that the Planning Board had closely looked at this issue and felt that in no way would it be inappropriate. 8:50 p.m. Richard White, Town Manager, reiterated the commitment of the Selectmen and Town Manager to traffic mitigation. 8:51 p.m. James Barry, P1, spoke in opposition to the article and development in Lexington. 8:53 p.m. Carol Grodzins,P3,spoke about floor area ratios. 8:55 p.m. Paul Keane, P3, questioned the conservation donation of $5,000 and its dedication to Hayden Woods. Joyce Miller confirmed that it would be. 8:56 p.m. -Kenneth Reich, P4, questioned the Lexpress contribution and impact on Lexpress routes. Mr. Graham explained that it would not change service at this time: 9:00 p.m. Jacqueline Davison,P3,spoke to the issue of traffic. 9:00 p.m. Sheldon Spector,P6,moved the question. 9:01 p.m. The Moderator called a vote on if the main question should now be put. After a voice vote it was declared that the main question was now before the audience. 9:02 p.m. The Moderator explained that if the vote was not unanimous a standing vote would be necessary as the article requires a 2/3 vote. After a voice vote it was deemed not to be unanimous,the Moderator declared a standing vote. Precinct Yes No 1 8 1 2 12 0 '. 3 13 2 4 14 0 5 14 0 6 16 0 7 14 0 8 14 0 9 14 1 At-Large 20 0 Total 139 4 The Moderator declared that more than the 2/3 voting in the affirmative, the motion is adopted. 1' 9:06 p.m. Mr. McSweeney moved the Special Town Meeting of November 19, 1997 be dissolved. Adopted by voice vote. A true copy. '} j Attest: N! - d is Donna M.Hooper,Town i Jerk 634 ADJOURNED SESSION OF October 20,1997 SPECIAL TOWN MEETING November 19, 1997 The second November 19, 1997 meeting of the adjourned Town Meeting of October 20, 1997 was called to order by the Moderator, Margery M. Battin at 9:07 p.m. in Cary Memorial Hall. There were 144 Town Meeting Members present. 9:07 p.m. The Moderator announced the procedures for the conduct of the meeting. Precinct Clerks were appointed as tellers and Roger Borghesani, Vice Chairman of the Appropriation Committee;is to serve as teller for the at-large members and members serving on Boards and Committees. 9:07 p.m. The Moderator declared the meeting open under Article 4, STREET RELATED IMPROVEMENTS and recognized Selectman Leo P.McSweeney. Mr.McSweeney moved that this article be indefinitely postponed. After a voice vote the motion was passed. 9:08 p.m. The moderator recognized Mr.Eric Michelson,P 3. Mr. Michelson moved reconsideration of Article 3 of the October 20, 1997 Special Town Meeting and requested the Moderator recognize Mr. Douglas Lucente,P3. 9:10 p.m. Mr. Lucente played an audio tape of the May 13, 1996 meeting of the 1996 Annual Town Meeting relating to discussion on the Cary Memorial Library article(Article 14). 9:16 p.m. Mr. Michelson gave concluding remarks regarding assessing if the project should proceed based upon fundraising issues. 9:18 p.m. Robert Coyne,P7,spoke in favor of reconsideration. 9:21 p.m. Selectman Dan H.Fenn explained that there was no question the 1996 Annual Town Meeting gave the impression that no bonds would be signed until all funds were in place. He further explained fundraising is a long and delicate process and that the library trustees have stated on many occasions that the $2,463,888 is the maximum amount requested for town commitment. The trustees have a responsibility for the remainder. Mr. Fenn further explained that if a feasibility study shows fundraising is short they pledge to borrow on up to $1,000,000 of the library endowment and/or agree to continue the fund drive. Borrowing from the town, the trustees will repay principal and interest. Mr.Fenn explained that discussions are underway to formulate an agreement and that the Board of Selectmen will insist that such a document that is satisfactory to them,and protects the town, is in place before signing any bonds. Mr. Fenn explained that the Board of Selectmen unanimously urges the membership to vote no on reconsideration of this article. 9:26 p.m. Paul Lapointe,Appropriation Committee, stated that there is no change in the P Committee's unanimous recommendation of support for the library articles from May 1996 and October 1997. 9:27 p.m. Charles Hornig, Capital Expenditures Committee, stated the Committee's unanimous opposition to reconsideration of this article. 9:28 p.m. John Hayward,P5,spoke in support of reconsideration. 9:30 p.m. Bruce Collier, P3, spoke to the possibility that some people may have been misled but opposes reconsideration. 355 ADJOURNED SESSION of October 20, 1997 SPECIAL TOWN MEETING November 19, 1997,cont 9:31 p.m. Robert Cohen, P3, spoke in favor of reconsideration and asked the Trustees about funds raised over the past month? Mr. Fenn explained that the feasibility study is still underway and once completed the Trustees will then target major fundraisers. Reverend Peter Meek, Trustee Chairman, explained that in advance of any formal fundraising,$50,000 has been received. 9:36 p.m. Susan Elberger,P9, School Committee and Library Trustee explained that the School Committee's original commitment has not changed and that she opposes reconsideration. 9:37 p.m. Neal Boyle, P7, questioned Reverend Meek on the availability of the results from the feasibility study and expressed his support for reconsideration. 9:38 p.m. Reverend Meek explained that the report,a public document,will be available at the Library. 9:40 p.m. The Moderator explained that the question on reconsideration of Article 3 is now before the membership and that a majority vote is required. After a voice vote the Moderator declared the motion not adopted. 9:40 p.m. Leo P.McSweeney moved the Special Town Meeting of October 20, 1997 be dissolved. Adopted by voice vote. A true copy. Attest: ) ria Donna M.Hooper,To Clerk Joseph J. Dini resigned as a member of the Lexington School Committee effective December 1, 1998. This vacancy for Mr. Dini`s unexpired term will be filled at the March 1998 annual town election. is II'