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HomeMy WebLinkAbout1990-03-05-TE-Warrant-and-1990-03-26-ATM-Warrant Local Election March 5, 1990 WARRANT to the 1990 ANNUAL TOWN MEETING TOWN FINANCE TERMINOLOGY The following terms are frequently used in the annual town report and at the town meeting. In order to provide everyone with a better understanding of the meaning, the following definitions are provided. AVAILABLE FUNDS - "FREE CASH" The amount certified annually by the Bureau of Accounts, Department of Revenue. The certified amount is the Unreserved Fund Balance less all outstanding taxes. This fund may be used by a vote of the town meeting as available funds for appropriation. AVAILABLE FUNDS - OTHER Usually refers to balances in special funds or balances remaining in specific articles for which previous town meetings had approved appropriations. When the project is complete, the balance is available either for re-appropriation or being turned back along with unexpended operating budgets to the town's general fund balance. "CHERRY SHEET' A financial statement from the State, printed on cherry-colored paper, which itemizes state disbursements due the town, and the state and county charges to the town, usually resulting in a net receipt of funds usable by the town for the items specified. It is due from the state in March, and necessary before the assessors can set the tax rate. ENTERPRISE FUND A self-supporting account for a specific service or program that the town operates as a separate "business." Enterprise funds do not depend on taxes for operating revenue. Ideally, overall revenue and expenses should balance over time. OVERLAY The overlay is the amount raised by the Assessors in excess of appropriations and other charges for the purpose of creating a fund to cover abatements granted by the Board of Assessors. RESERVE FUND This appropriation is voted at the annual town meeting in an amount not to exceed 5% of the tax levy of the preceding year. Transfers from the reserve fund are within the exclusive control of the Appropriation Committee and are for "extraordinary or unforeseen expenditures." UNRESERVED FUND BALANCE: This term was previously referred to as Surplus Revenue or Excess and Deficiency. This fund represents the amount by which assets exceed Liabilities and Reserves. See Fair Housing Brochure at back of Warrant TABLE OF CONTENTS Page Town Finance Terminology Inside Front Cover Board of Selectmen's Message 3 FY 91 Revenues and Expenses Pie Charts 5 FY 91 Budget Projection 6 WARRANT FOR TOWN MEETING Article 1 Election 7 Article 2 Reports of Town Officers, Boards, Committees 8 Article 3 Appointments to Cary Lecture Series 8 FINANCIAL ARTICLES Article 4 Operating Budget 8 Article 5 Salary Adjustments and Collective Bargaining Settlements 13 Article 6 Water Operations 14 Article 7 Sewer Operations 14 Article 8 Recreation Enterprise Fund 14 Article 9 Supplementary Appropriations for Current Fiscal Year 15 (FY 90) Article 10 Prior Years' Unpaid Bills 15 Article 11 Supplementary Appropriations for Authorized Capital 16 Improvement Projects Article 12 Reserve Fund 16 Article 13 Tax Anticipation Borrowing 16 Article 14 Unemployment Compensation Fund 17 Article 15 Conservation Fund 17 PUBLIC WORKS Article 16 Water Mains 18 Article 17 Install Drains/Widening, Deepening or Altering Brooks 18 Article 18 Construct Sidewalks 19 Article 19 Sewer System Improvements 19 Article 20 Public Works Equipment 20 Article 21 Street Improvements 20 Article 22 Street Acceptance and Construction 21 Article 23 Well Water Supply Exploration 22 Article 24 North Lexington Pump Station Replacement 22 Article 25 Parking Lot Operation and Maintenance 22 OTHER FINANCIAL Article 26 Underground Tank Testing 23 Article 27 Lincoln Street Development 23 Article 28 Harrington Fields Rehabilitation 24 1 Article 29 Old Res Weed Control Management Plan 24 Article 30 Hazardous Waste Collection 24 Article 31 Miscellaneous School Article 25 Article 32 Computer Catalogue System, Cary Library 25 Article 33 Five Forks Traffic Study 26 Article 34 Lot 82, Skyview Road 26 CONSERVATION AND PLANNING BOARD Article 35 General By-Laws Amendment, Wetlands Protection 27 Article 36 Zoning By-Law, Technical Corrections 27 Article 37 Zoning By-Law, Bed and Breakfast 28 Article 38 Zoning By-Law, Parking Adjustments 28 Article 39 Zoning By-Law, Private Flags 29 GENERAL ARTICLES Article 40 General By-Law Revisions - TMMA 29 Article 41 Acceptance of Chapter 147, s.10f of the M.G.L. 30 Article 42 Acceptance of Chapter 32, s.22D of M.G.L. - Retirement Board 31 Article 43 Acceptance of Chapter 41, s.41 B - Direct Deposit of Payroll 31 Article 44 Acceptance of Chapter 60, s.23B of M.G.L. - Municipal Lien Certificate Fees 31 Article 45 Acceptance of Chapter 40, s.58 of M.G.L - Ambulance Fee Lien 32 Article 46 Provision for Quarterly Tax Bills 32 Article 47 Provision to capture new growth 32 Article 48 Acceptance of Chapter 40, s.57 of M.G.L. - License and Permit 32 Denial for Nonpayment of Taxes Article 49 General By-Law - Licenses and Permits of Delinquent 33 Taxpayers Article 50 By-Law Amendment - Town Clerk Fees 33 Article 51 Regulations re School Bus Capacity and Operation 34 Article 52 Lots 407 & 408, Leighton Avenue 34 Article 53 Cut in Military Spending 34 Article 54 Equal Educational Opportunity Grants 35 Article 55 Pine Meadows Development 35 Article 56 Meagherville Land, Housing, Conservation, Recreation Uses 36 Article 57 Use of Funds to Reduce Tax Rate 37 List of Town Meeting Members 38 Election Information 43 Map 44 Calendar Inside Back Cover 2 To the Residents of Lexington: The Warrant provides notification of the Annual Town Meeting and advises residents of the various issues being considered at the meeting. Only articles listed in the Warrant can be discussed. The Warrant includes the Town Manager's Proposed Budget for Fiscal Year 1991. The Town Manager submitted the proposed budget for FY91 to the Selectmen for their review on December 22, 1989. Generally, the proposed budget includes funds for the operation and maintenance of municipal government including schools. The Town Manager's proposed FY91 budget was developed recognizing severe financial limitations. It has presented the Board of Selectmen with some difficult service and revenue decisions. The Board is deliberating on a number of specific budget issues and will present their budget recommendations during Town Meeting. The Board has targeted a number of areas within the Town Manager's budget for policy deliberations. Specifically, the Board is reviewing the following municipal operating budgets: MUNICIPAL OPERATING BUDGET FY90 FY91 FY91 APPROP. REQUEST MGR. RECOMMEND Town Payroll $ 9,253,122 $ 9,281,853 $ 9,281,853 The FY91 budget for town payroll as submitted by the Town Manager proposes a 3/10 of 1% increase despite existing collective bargaining commitments that provide 5% salary adjustments. The Police contract has been settled for FY91 and Public Works and Fire contracts are currently under negotiations. Expenses Insurance 3,463,103 4,161,783 4,101,783 Dramatic increases in health insurance premiums for school and town employees have caused the insurance budget to increase by 23% or $724,000. The town pays 75% of the employee health insurance premium. 804 active school and town employees and 593 retirees are insured by the town. 67% or $2,748,195 of the insurance budget directly supports school programs and personnel. The restrictions of Proposition 2 1/2 allow the tax levy to grow by $954,057. The insurance budget alone absorbs over 75% of the 2 1/2% allowable increase. Public Schools 26,343,135 27,923,723 26,869,998 The School Committee and school superintendent have submitted a budget that proposes an increase of $1,580,588 or 6% over FY90. The Town Manager's proposed FY91 budget restricts the growth in the school budget to 2%. The Board of Selectmen and the School Committee will be meeting to discuss this budget in detail. LEXPRESS and Services for Youth The FY91 Town Manager's proposed budget does not include funds for the continuation of LEXPRESS bus service and youth counseling services provided by Replace. The Board of Selectmen will be discussing this proposal and will make its recommendations regarding LEXPRESS and Services for Youth at Town Meeting. Recreation An enterprise fund for all recreational programs is proposed for FY91. For the first time recreation services are proposed to be provided as a fee-for-services operation. The consequences of such an action may require the elimination of some recreation programs if revenues do not meet expenses. 3 Police and Fire Limited revenue has required the Town Manager to propose reductions in services in the Police and Fire programs. The Town Manager's budget proposes to reassign fire personnel staffing the East Lexington Fire Station to staff peak overtime periods at the main station during the summer months. It is anticiapted that $78,000 would be saved. In addition, the FY91 Town Manager's proposed budget reduces funding for two uniformed police positions. Water and Sewer Enterprise Accounts The Annual Town Meeting of 1987 voted to accept Section 39K of Chapter 40 of the M.G.L. allowing the town to establish separate accounts for the water and sewer system. FY90 was the first year for operating the water and sewer operations were captured through user fees. The goal for enterprise accounting is to assure the town's ability to fund water and sewer services on a fee-for-services basis similar to other public utilities. Enterprise accounting requires the town to fund capital projects and equipment purchases through user fees. The FY91 budget includes proposals for capital improvements and the purchase of equipment associated with the water and sewer operations for funding from the enterprise accounts. Revenue State funding for local government has become impossible to predict. Cities and Towns in Massachusetts have been forced to react, rather than plan, for the future because the State Legislature and Executive Branch of Government have been unable to resolve severe revenue deficits. The FY90 budget absorbed a 20% reduction in local aid. Preliminary estimates indicate that Lexington will assume an additional 5% reduction in local aid for FY91. Free Cash Lexington has appropriated unusually high amounts of free cash to support operating costs over the last three years. Appropriations of large amounts of free cash have helped offset significant increases in the school, health insurance and capital improvement projects. Revenue underestimates, arbitrage and reversions helped to create a healthy balance of free cash which has in the past provided the Town with significant financial flexibility. Unfortunately, almost $6 million of free cash was appropriated in FY90 to offset recurring operating budget expenses even though there was no reasonable expectation that the same amount of free cash would be available for appropriation in FY91. The FY90 budget process began with a $7.5 million free cash balance. $5.9 million of free cash was used. Reversions and revenue underestimates increased the free cash balance to $3.4 million. $2.7 million is proposed to be appropriated in the Town Manager's FY91 budget submission. The balance left in free cash represents Lexington's only available fiscal response in case of unexpected emergencies. A table of contents is provided for easy reference. The articles are grouped by topic and a brief description for each article is provided to make the Warrant useful and understandable. A map shows locations of proposed public works and special projects. In addition to the Warrant, the Town Manager's proposed budget will be mailed to all Town Meeting Members prior to the start of Town Meeting. In addition to the program reductions identified above, the Town Manager has proposed service reductions in Public Works, General Government, and Library programs, the impact of which the Board of Selectmen are still considering. This will clearly be a year of difficult choices in terms of identifying service reductions or new revenue sources. As always, the Board of Selectmen encourages your comments relating to this year's proposed Town Meeting Warrant. BOARD OF SELECTMEN John C. Eddison, Chairman Paul W. Marshall William J. Dailey, Jr. Jacquelyn R. Smith Leo P. McSweeney 4 FY 91 REVENUE SOURCES Local Receipts $4,879,801 7.8% lite Opr Available Funds $3,805,141 6.1% W&S Enterprise $6,774,127 10.8% '4444114„ Recr. Enterprise $903,428 1.4% Cherry Sheet $4,994,160 8.0% Debt Exclusion $1,822,000 2.9% Property Tax $39,466,354 63.0% FY 91 EXPENSES Shared Expenses $6,754,683 10.8% 11 kwn Services $14,871,431 23.7% W&S Enterprise $6,774,127 10.8% Recr. Enterprise $903,428 1.4% Overlay & Charges $2,426,846 3.9% Other Debt Service $1,603,739 2.6% Exempt Debt Service $1,822,000 2.9% \Education $27,488,757 43.9% 5 FISCAL YEAR 1991 BUDGET PROJECTION APPROP. APPROP. MGR. REC. 1989 F.Y. 1990 F.Y. 1991 F.Y. Personal Services 8,720,996 9,253,122 9,281,853 Expenses 11 ,573,249 12,427,511 12,901,000 Articles & Capital Improvements 2,644,000 2,860,920 1 ,047,000 Pine Meadows Debt 711 ,000 2,230,500 1 ,822,000 Total Town $23,649,245 $26,772,053 $25,051,853 Public Schools 24,044,768 26,343,135 26,869,998 Regional Vocational 399,815 372,904 618,759 Total Education $24,444,583 $26,716,039 $27,488,757 TOTAL APPROPRIATIONS $48,093,828 $53,488,092 $52,540,610 Sewer Enterprise 1,759,229 2,785,801 2,866,631 Water Enterprise 1,841,292 2,865,075 2,700,496 W&S Enterprise Articles -- -- 1 ,207,000 Recreation Enterprise -- -- 903,428 State/County Assess. & Offsets & Assessors Overlay & Judgements 2,506,390 2,879,850 2,426,846 GROSS AMT:TO.BE RAISED BY TAXES $54,200,739 $62,018,818 ` $62,645,011 Less: Est. Receipts-Cherry Sheet 6,491 ,907 5,257,010 4,994,160 Local Rev. Estimates 3,803,540 4,003,022 4,879,801 Use of Available Funds 3,867,016 6,716,910 3,805,141 Enterprise Revenues 2,773,375 5,649,079 6,774,127 Recreation Enterprise 903,428 NET AMT TO BE.RAISED BY TAXES $37,264,901 $40,392,797 $41 ,288,354 Last Year's Levy Limit 35,276,782 36,616,420 38,162,297 Allowable 2 1/2% Increase 881,920 915,411 954,057 Allowable New Construction 457,718 630,466 350,000 Debt Exclusion 711,000 2,230,500 1 ,822,000 LEVY LIMIT $37,327,420 $40,392,797 $41,288,354 (Over)/Under Levy Limit $62,519 6 TOWN WARRANT TOWN OF LEXINGTON ANNUAL TOWN MEETING Commonwealth of Massachusetts Middlesex, ss. To either of the Constables of the Town of Lexington, in said County, Greetings: In the name of the Commonwealth of Massachusetts, you are directed to notify the inhabitants of the Town of Lexington qualified to vote in elections and in Town affairs to meet in their respective voting places in said Town. PRECINCT ONE, HARRINGTON SCHOOL; PRECINCT TWO, BOWMAN SCHOOL; PRECINCT THREE, JONAS CLARKE MIDDLE SCHOOL; PRECINCT FOUR, LEXINGTON HIGH SCHOOL; PRECINCT FIVE, CARY MEMORIAL BUILDING; PRECINCT SIX, WILLIAM DIAMOND MIDDLE SCHOOL; PRECINCT SEVEN, ESTABROOK SCHOOL; PRECINCT EIGHT, FIRE HEADQUARTERS BUILDING; PRECINCT NINE, MARIA HASTINGS SCHOOL, on Monday, the fifth day of March, 1990, at 7 a.m., then and there to act on the following articles: ARTICLE 1 ELECTIONS To choose by ballot the following Officers: Two Selectmen for terms of three years; One Moderator for a term of one year; One member of the School Committee for a term of three years; One member of the Planning Board for a term of five years; One member of the Lexington Housing Authority for a term of five years; Seven Town Meeting Members in Precinct One for terms of three years; Seven Town Meeting Members in Precinct Two for terms of three years; Seven Town Meeting Members in Precinct Three for terms of three years; Nine Town Meeting Members in Precinct Four, the seven receiving the highest number of votes to serve for terms of three years; the one receiving the next highest number of votes to fill an unexpired term ending March, 1992, and the one receiving the next highest number of votes to fill an unexpired term ending March, 1991; Eight Town Meeting Members in Precinct Five, the seven receiving the highest number of votes to serve for terms of three years; the one receiving the next highest number of votes to fill an unexpired term ending March, 1991; Seven Town Meeting Members in Precinct Six for terms of three years; Seven Town Meeting Members in Precinct Seven for terms of three years; 7 Nine Town Meeting Members in Precinct Eight, the seven receiving the highest number of votes to serve for terms of three years; the two receiving the next highest number of votes to fill unexpired terms ending March, 1992; Ten Town Meeting Members in Precinct Nine, the seven receiving the highest number of votes to serve for terms of three years; the two receiving the next highest number of votes to fill unexpired terms ending March 1992, and the one receiving the next highest number of votes to fill an unexpired term ending March, 1991; The polls will be open at 7 a.m. and will remain open until 8 p.m. You are also to notify the inhabitants aforesaid to meet in Cary Memorial Hall in said Town on Monday, the twenty-sixth day of March at 8 p.m., at which time and place the following articles are to be acted upon and determined exclusively by the Town Meeting Members in accordance with Chapter 215 of the Acts of 1929, as amended, and subject to the referendum provided for by Section eight of said Chapter, as amended. ARTICLE 2 REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES To receive the reports of any Board or Town Officer or of any Committee of the Town. ARTICLE 3 APPOINTMENTS TO CARY LECTURE SERIES To see if the Town will authorize the appointment of the committee on lectures under the wills of Eliza Cary Farnham and Susanna E. Cary; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) DESCRIPTION: This is an annual article which provides for the appointment of three citizens to the Cary Lecture Series by the Moderator. FINANCIAL ARTICLES ARTICLE 4 OPERATING BUDGET To see if the Town will make appropriations for expenditures by departments, officers, boards, and committees of the Town for the ensuing fiscal year and determine whether the money shall be provided by the tax levy or by transfer from available funds, including any special funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) 8 SUMMARY FY 91 OPERATING BUDGETS TOWN MGR. EXPENDED APPROP. REQUESTED ACC'T# ACCOUNT NAME FY89 FY90 FY91 EDUCATION 1100 Lexington Public Schools 24,344,124 26,343,135 26,869,998 1200 Regional School 399,815 372,904 618,759 TOTAL EDUCATION $24,743,939 $26,716,039 $27,488,757 SHARED EXPENSES Employee Benefits 2110 Contributory Retirement 2,040,896 2,079,175 2,439,750 2120 Non-Contributory Retirement 195,339 198,000 198,000 2130 Pension Funding 291,000 291,000 0 2140 Board of Retirement 4,550 15,150 15,150 2150 Insurance 3,146,190 3,463,103 4,101,783 Total Employee Benefits 5,677,975 6,046,428 6,754,683 Debt Service 2210 Payment on Funded Debt 925,000 925,000 925,000 2220 Interest on Debt 769,364 711,552 653,739 2230 Temporary Borrowing 54,701 25,000 25,000 2230 Exempt Debt 711,000 2,230,500 1,822,000 Total Debt Service 2,460,065 3,892,052 3,425,739 TOTAL SHARED EXPENSES $8,138,040 $9,938,480 $10,180,422 COMMUNITY SERVICES DPW 3000 DPW Personal Services 2,073,096 2,217,180 2,240,414 3110 DPW Admin. General Expense 30,685 23,430 31,230 3120 Engineering General Expense 17,570 8,000 8,000 Total DPW Administration 2,121,351 2,248,610 2,279,644 Highway Expenses 3210 Highway Maintenance 126,134 163,850 145,450 3220 Street Lighting 416,517 480,000 450,000 3230 Road Machinery 223,810 174,525 174,525 3240 Sanitary Landfill 0 7,500 3,000 3250 Traffic Reg/Street Signs 46,176 40,342 40,342 3260 Snow Removal 123,362 194,000 194,000 Total Highway 935,999 1,060,217 1,007,317 9 TOWN MGR. EXPENDED APPROP. REQUESTED ACC'T# ACCOUNT NAME FY89 FY90 FY91 Parks&Grounds Expenses 3310 Park 76,809 84,550 117,850 3320 Shade Tree 5,758 17,800 16,020 3330 Insect Suppression 0 1,350 1,350 3340 Dutch Elm 0 3,800 3,800 3350 Cemetery 17,952 15,184 35,909 Total Parks&Grounds 100,519 122,684 174,929 3400 Refuse Collection 1,580,801 1,688,000 1,633,005 3510 Town Bldg. Maintenance Expense 217,144 243,153 212,573 TOTAL COMMUNITY SERVICES $4,955,814 $5,362,664 $5,307,468 PUBLIC SAFETY Law Enforcement 4100 Police Personal Services 2,148,973 2,328,823 2,369,387 4100 Police Dept Expenses 243,571 255,971 264,528 Total Law Enforcement 2,392,544 2,584,794 2,633,915 Fire Services 4200 Fire Personal Services 2,082,002 2,285,734 2,207,734 4200 Fire Department Expenses 156,198 167,295 180,770 Total Fire Services 2,238,200 2,453,029 2,388,504 Building &Zoning Inspection 4300 Inspection Personal Services 139,190 146,967 146,967 4300 Inspection Dept. Expenses 4,195 4,225 4,225 Total Building &Zoning Inspection 143,385 151,192 151,192 TOTAL PUBLIC SAFETY $4,774,129 $5,189,015 $5,173,611 10 TOWN MGR. EXPENDED APPROP. REQUESTED ACC'T# ACCOUNT NAME FY89 FY90 FY91 CULTURE & RECREATION Library Services 5100 Library Personal Services 789,810 840,955 821,561 5100 Library Expenses 249,450 230,700 230,700 Total Library Services 1,039,260 1,071,655 1,052,261 Recreation 5200 Recreation Personal Services 186,967 207,137 0 5200 Recreation Expenses 26,663 27,660 0 Total Recreation 213,630 234,797 0 5300 Celebrations Committee 7,092 10,000 10,000 5400 LEXPRESS 250,000 250,000 12,500 TOTAL CULTURE& RECREATION $1,509,982 $1,566,452 $1,074,761 HEALTH & HUMAN SERVICES Health 6110 Health Personal Services 81,315 96,469 96,469 6110 Health Expenses 18,928 22,550 22,550 6120 Visiting Nurse &Community Health 4,218 8,400 8,400 6130 Rabies Clinic 1,103 3,350 3,350 6140 Animal Control Personal Services 18,582 20,184 20,184 6140 Animal Control Expenses 4,512 8,280 5,000 Total Health 128,658 159,233 155,953 Council on Aging 6200 Council on Aging Personal Services 68,355 64,605 65,292 6200 Council on Aging Expenses 74,103 97,646 104,672 Total Council on Aging 142,458 162,251 169,964 Veterans 6300 Veterans Administration 17,392 18,148 18,148 6300 Veterans Expenses 16,647 11,091 11,656 Total Veterans 34,039 29,239 29,804 Human Services 6410 Youth Services 73,500 73,000 0 6420 Service to Developmentally Disabled 10,000 11,000 11,000 Total Human Services 83,500 84,000 11,000 TOTAL HEALTH &HUMAN SERVICES $388,655 $434,723 $366,721 11 TOWN MGR. EXPENDED APPROP. REQUESTED ACC'T# ACCOUNT NAME FY89 FY90 FY91 GENERAL GOVERNMENT Executive 7110 Selectmen Personal Services 44,150 47,389 47,389 7110 Selectmen Expenses 10,552 12,350 12,200 7120 Town Manager Personal Services 182,202 206,737 188,444 7120 Town Manager Expenses 9,688 12,850 12,850 Town Manager Jurisdictional 7130 Temporary Help &Overtime 33,913 41,750 36,750 7130 Clerical Pool 10,362 17,434 17,434 7130 Fire & Police Medical 32,703 36,444 36,444 7130 Out of State Travel 5,145 7,500 7,000 7130 General Professional Services 72,334 86,500 79,000 7130 Director of Guides 1,500 1,500 1,500 7130 Tuition &Training 16,177 14,000 14,000 7130 Instate Travel 13,413 12,000 12,500 7130 Town Report 5,774 6,250 6,250 Total Executive 437,913 502,704 471,761 Legislative 7210 Appropriation Committee 1,279 950 950 7220 Miscellaneous Boards&Committees 7,684 7,400 7,400 Total Legislative 8,963 8,350 8,350 Finance 7310 Comptroller Personal Services 144,551 150,391 148,691 7310 Comptroller Expenses 115,347 112,850 95,350 7320 Treasurer/Collector Personal Services 117,692 140,035 121,067 7320 Treasurer/Collector Expenses 17,920 14,850 14,750 7330 Assessors Personal Services 111,454 120,601 121,616 7330 Assessors Expenses 10,804 9,710 9,650 7340 Data Processing 41,964 48,000 38,000 Total Finance 559,732 596,437 549,124 Staff 7410 Legal Fees 96,426 143,360 143,360 7410 Legal Expenses 29,650 31,640 31,640 7420 Town Clerk Personal Services 90,731 95,183 95,331 7420 Town Clerk Expenses 2,094 2,480 2,475 7430 Board of Registrars Personal Services 1,591 1,645 1,806 7430 Board of Registrars 25,902 31,840 32,920 7440 Elections/Town Clerk 28,779 12,475 32,266 7450 Elections/Selectmen 24,251 18,100 29,900 Total Staff 299,424 336,723 369,698 12 TOWN MGR. EXPENDED APPROP. REQUESTED ACC'T# ACCOUNT NAME FY89 FY90 FY91 Community Development 7510 Planning Dept. Personal Services 89,222 96,439 96,439 7510 Planning Board Expenses 5,814 6,900 6,900 7520 Board of Appeal Personal Services 21,228 22,627 22,627 7520 Board of Appeals Expenses 678 900 900 7530 Conservation Commission Pers. Svcs. 50,023 52,207 52,207 7530 Conservation Commission Expenses 4,867 10,730 9,650 7540 Historic Districts Commission 2,000 2,800 2,800 Total Community Development 173,832 192,603 191,523 TOTAL GENERAL GOVERNMENT $1,479,864 $1,636,817 $1,590,456 f TOTAL OPERATING BUDGET 45,990,423 50,594,190 51,182,196 DESCRIPTION: This article requests funds for the Fiscal Year 1991 (July 1, 1990 - June 30, 1991) operating budget. The operating budget includes the school and municipal budgets; water, sewer and recreation operations, however, are carried in separate articles. The municipal budget also includes certain school costs. These are primarily the costs of health insurance for school employees, debt service requirements, property and liability insurance on school buildings and contents, and pension costs for school employees other than professional staff. The preceding chart lists by account FY89 expenditures, FY 90 appropriations and FY91 Town Manager requested. At press time the Selectmen were still reviewing the Town Manager's proposed budget. ARTICLE 5 SALARY ADJUSTMENTS AND COLLECTIVE BARGAINING SETTLEMENTS To see if the Town will make appropriations for the ensuing fiscal year, in addition to those authorized under Article 4 of this warrant, 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; determine whether the money shall be provided by the tax levy or by transfer from available funds, including any special funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: $311,414 13 DESCRIPTION: This article requests funds for salary adjustments for all Town employees excluding water, sewer and recreation employees. At press time no FY91 contracts have been settled with the fire and public works collective bargaining units. Funds for the Police settlement are included in the FY91 request. ARTICLE 6 WATER OPERATIONS To see if the Town will appropriate a sum of money to fund the operation of the Water Division of the Department of Public Works; determine whether the money shall be provided by the tax levy, by transfer from available funds, including the water enterprise fund, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: $2,700,496 DESCRIPTION: This article requests funds for expenses, personal services, and charges billed by the Massachusetts Water Resources Authority, for operation and maintenance of the Town's water distribution system, exclusive of capital requests. ARTICLE 7 SEWER OPERATIONS To see if the Town will appropriate a sum of money to fund the operation of the Sewer Division of the Department of Public Works; determine whether the money shall be provided by the tax levy, by transfer from available funds, including the sewer enterprise fund, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: $2,866,631 DESCRIPTION: This article requests funds for expenses, personal services, and charges billed by the Massachusetts Water Resources Authority, for operation and maintenance of the Town's sewer collection system, exclusive of capital requests. ARTICLE 8 RECREATION ENTERPRISE FUND To see if the Town will vote to accept section 39K of chapter 40 of the Massachusetts General Laws, relating to the establishment of an enterprise fund for recreational facilities and activities, and will vote to appropriate a sum of money to fund the operation of the Recreation Department; determine whether the money shall be provided by the tax levy, by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) 14 FUNDS REQUESTED: $903,428 DESCRIPTION: Acceptance of this section will allow the Town to establish a separate account called an "enterprise fund" for the Recreation Department. The costs of operating recreation programs, including the Pine Meadows Golf Course, will be funded by the revenues generated through investment income earned, user fees, plus any additional tax revenues that may be needed on an annual basis. This article also requests funds for expenses and personal services to operate the Recreation Department. ARTICLE 9 SUPPLEMENTARY APPROPRIATIONS FOR CURRENT FISCAL YEAR (Fs( 90) To see if the Town will make supplementary appropriations, to be used in conjunction with money appropriated under Article 4 of the warrant for the 1989 Annual Town Meeting, to be used during the current fiscal year, or make any other adjustments to the current fiscal year budget and appropriations that may be necessary; determine whether the money shall be provided by transfer from available funds; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: None at press time. DESCRIPTION: This is an article to permit adjusting current fiscal year (FY 90) expenditures. At this time it is not anticipated that adjustments will be necessary. ARTICLE 10 PRIOR YEARS' UNPAID BILLS To see if the Town will raise and appropriate money to pay any unpaid bills rendered to the Town for prior years; determine whether the money shall be provided by the tax levy, by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: $14,034.28 DESCRIPTION: This is an annual article to request funds to pay bills received after the close of the fiscal year in which the goods were received or the services performed and for which no money was encumbered. There are approximately 60 unpaid bills from the School Department amounting to $14,034.28. 15 ARTICLE 11 SUPPLEMENTARY APPROPRIATIONS FOR AUTHORIZED CAPITAL IMPROVEMENT PROJECTS To see if the Town will make supplementary appropriations to be used in conjunction with money appropriated in prior years for the installation or construction of water mains, sewers and sewerage systems, drains, streets, buildings, recreational facilities, or other capital improvements that have heretofore been authorized; determine whether the money shall be provided by the tax levy, by transfer from available funds, by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: None at press time. DESCRIPTION: This is an annual article to request funds for capital improvement project expenditures which exceed the level of appropriation. At this time it is not anticipated that additional funds will be requested. ARTICLE 12 RESERVE FUND To see if the Town will appropriate a sum of money for the Reserve Fund as provided by Section 6 of Chapter 40 of the General Laws, and determine whether the money shall be provided by the tax levy, by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: $250,000 DESCRIPTION: This is an annual article which requests funds for the Reserve Fund, from which monies can be voted by the Appropriation Committee where it determines that a requested transfer is either extraordinary or unforeseen thereby saving the delay and expense of a Special Town Meeting. ARTICLE 13 TAX ANTICIPATION BORROWING To see if the Town will vote to authorize the Town Treasurer, with the approval of the Selectmen, to borrow money from time to time in anticipation of the revenue for the fiscal year beginning July 1, 1990, and to issue a note or notes therefor, payable within one year, in accordance with provisions of General Laws, Chapter 44, Section 4 as amended and to renew any note or notes as may be given for a period of less than one year, in accordance with the provisions of General Laws, Chapter 44, Section 17; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: None 16 DESCRIPTION: This is an annual article which authorizes the Town Treasurer, with the approval of the Board of Selectmen, to borrow in anticipation of taxes. ARTICLE 14 UNEMPLOYMENT COMPENSATION FUND To see if the Town will appropriate a sum of money for the unemployment compensation fund to be used in conjunction with money previously appropriated for this purpose; determine whether the money shall be provided by the tax levy, by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: None DESCRIPTION: This article requests funds for payment of unemployment compensation benefits for town and school employees. At press time the unexpended balance in this appropriation is $38,000. No additional request for funds is anticipated in FY91. ARTICLE 15 CONSERVATION FUND To see if the Town will appropriate an additional sum of money to the Conservation Fund, established by vote under Article 9 of the Warrant for the Special Town Meeting held on June 8, 1964; determine whether the money shall be provided by the tax levy, by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: None DESCRIPTION: This fund is used to purchase small parcels of real estate and to pay for appraisals, title searches, legal fees and other costs incidental to land acquisition. At press time the balance in the Conservation Fund is $100,018.41. No additional funds are requested for FY91. 17 DPW ARTICLES ARTICLE 16 WATER MAINS To see if the Town will vote to install new water mains and replace or clean and line existing 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; appropriate money for such installation and land acquisition and determine whether the money shall be provided by the tax levy, by transfer from available funds, including any special water funds, or by borrowing, or by any combination of these methods; authorize the Selectmen to apply for, accept, expend and borrow in anticipation of federal and state aid for such projects; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: $645,000 DESCRIPTION: This article requests funds for two separate water main improvement projects. $220,000 is requested to fund the 5th year of a ten-year program to replace or reline heavily tuberculated water mains and to improve water quality and flow. In FY91 water mains on Follen and Summit Roads are scheduled to be relined. $425,000 is requested to complete the final phase of a program to replace water mains to improve the fire flow capacity for present and future needs. In FY91 water mains with small or defective pipe on Winter and Sylvia Streets, Hancock and Smith Avenues, will be replaced or supplemented with 2,730 feet of new eight inch water main. ARTICLE 17 INSTALL DRAINS/WIDENING, DEEPENING OR ALTERING BROOKS To see if the Town will vote to install drains in such accepted or unaccepted streets or other land as the Selectmen may determine, including widening, deepening or altering the course of brooks, streams and water courses and the construction of new channels in said other land, in accordance with Chapter 263 of the Acts of 1926, as amended, or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; appropriate money for such installation and land acquisition and determine whether the money shall be provided by the tax levy, by transfer from available funds, by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: None DESCRIPTION: This article is for drainage improvements from the master plan. There are no requests or recommendations for funding in FY91. 18 ARTICLE 18 CONSTRUCT SIDEWALKS To see if the Town will authorize the Selectmen to construct or reconstruct concrete, bituminous concrete or other sidewalks, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; appropriate a sum of money for such construction and land acquisition, and determine whether the money shall be provided by the tax levy, by transfer from available funds, by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: None DESCRIPTION: This article is for funds to construct or reconstruct sidewalks. No request has been made for FY91. ARTICLE 19 SEWER SYSTEM IMPROVEMENTS To see if the Town will vote to install or abandon 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 in amendment thereof, or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor, appropriate money for such installation and land acquisition and determine whether the money shall be provided by the tax levy, by transfer from available funds, including any special sewer funds, or by borrowing, or by any combination of these methods; authorize the Selectmen to apply for, accept, expend and borrow in anticipation of federal and state aid for such sewer projects; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: $170,000 DESCRIPTION: This article is for sewer construction and system improvements. In 1986 the MWRA constructed a major sewer interceptor through Lexington. Completion of this project, called the Millbrook Valley Relief Interceptor, allows the Town to abandon, by plugging pipes and filling manholes, 4,100 feet of the old Lexington sewer interceptor built in 1916. Sewerage from the Lexington interceptor has been diverted to the new MWRA interceptor. This project also includes the removal of the Byron Avenue Pumping Station by constructing a gravity sewer connection to the MWRA interceptor. Groundwater infiltration into the sewer system will be greatly reduced by this project. 19 ARTICLE 20 PUBLIC WORKS EQUIPMENT To see if the Town will appropriate a sum of money for the purchase by or with the approval of the Selectmen of equipment for the Department of Public Works; determine whether the money shall be provided by the tax levy, by transfer from available funds, including any special funds, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: $350,000 DESCRIPTION: This article requests funds for new replacement road equipment. The Town's inventory of equipment is currently valued at $3.3 million. The Five year capital equipment program recommends replacement of: 1968 backhoe; 1976 dump truck with plow; 1977 brush chipper; 1978 dump truck with winch and plow; 1978 Jimmy; 1980 sweeper; 1980 pickup, and 1981 mower. All of these vehicles have outlived their useful lives and are no longer cost effective to repair. Of the funds requested, $200,000 is recommended from the tax levy, and $150,000 is recommended from water and sewer enterprise revenues, to be used to purchase replacement backhoe and dump truck with plow for the Water & Sewer Division. ARTICLE 21 STREET IMPROVEMENTS To see if the Town will appropriate a sum of money for highway improvements under the authority of Chapter 90 of the General Laws and any other applicable law; determine whether the money shall be provided by the tax levy, by transfer from available funds, or by borrowing, or by any combination of these methods; authorize the Selectmen to apply for, accept, expend and borrow in anticipation of state aid for such projects; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: $650,000 DESCRIPTION: This article authorizes the Town to use its funds in conjunction with state funds for improving and upgrading streets within the Town. The Town has a continuing 20 year street improvements program that includes cold planing, crack sealing, and resurfacing. Of the funds requested, $450,000 is recommended from the tax levy, and $200,000 is recommended from anticipated State Chapter 90 funds. 20 ARTICLE 22 STREET ACCEPTANCE AND CONSTRUCTION To see if the Town will vote to establish as a Town way and accept the layout of as a Town way the following streets: Philbrook Terrace from Grassland Street a distance of 651 feet, more or less, southerly to end; Solomon Pierce Road from Maple Street a distance of 5,404 feet, more or less, to Woburn Street; Joseph Comee Road from Solomon Pierce Road a distance of 955 feet, more or less, to Butterfield Road; Lothrop Circle from Joseph Comee Road a distance of 517 feet, more or less, westerly to end; Butterfield Road from Solomon Pierce Road a distance of 550 feet, more or less, easterly to Joseph Comee Road; East Emerson Road from south of Maureen Road a distance of 3,350 feet, more or less, to Ridge Road; Jonas Stone Circle from East Emerson Road a distance of 552 feet, more or less, southerly to end; Tidd Circle from Grove Street a distance of 630 feet, more or less, easterly to end; North Emerson Road from Diamond Road a distance of 140 feet, more or less, westerly to end. as laid out by the Selectmen, all as shown upon plans on file in the office of the Town Clerk, dated December 21, 1989, and to take by eminent domain, purchase or otherwise acquire any fee, easement, or other interest in land necessary therefor; and raise and appropriate money for the construction of said streets and for land acquisition; determine whether the money shall be provided in the tax levy, by transfer from available funds, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: None DESCRIPTION: All of the above listed roads were constructed under the Subdivision Control Law and meet or exceed the minimum Town standards for acceptance. No appropriation is required. 21 ARTICLE 23 WELL WATER SUPPLY EXPLORATION To see if the Town will appropriate a sum of money to evaluate the potential of using groundwater for a supply source for watering lawns at the following locations: Lincoln Park, Center Field, Harrington Field, Lexington Battle Green, and Westview Cemetery; determine whether the money shall be provided by the tax levy, by transfer from available funds, including any special water funds, by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: $28,000 DESCRIPTION: Funds are requested to evaluate the potential of using groundwater supplied by wells to replace the usage of water supplied by the MWRA and paid for by the Town. The evaluation consists of a geohydrologic analysis of the sites, installing ten test wells, water quality assessment and recommendations relating to the feasibility of the project. ARTICLE 24 NORTH LEXINGTON PUMP STATION REPLACEMENT To see if the Town will appropriate a sum of money to design, construct, and equip a replacement sewer pump station; determine whether the money shall be provided by the tax levy, by transfer from available funds, including any special sewer funds, by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: $214,000 DESCRIPTION: This article requests funds to provide engineering services necessary to design a new pump station to replace the existing 51 year old North Lexington pump station. Construction is scheduled to occur in FY92. ARTICLE 25 PARKING LOT OPERATION AND MAINTENANCE To see if the Town will appropriate a sum of money for parking lot operation and maintenance in the Town; determine whether the money shall be provided by the tax levy, by transfer from available funds, including the parking meter fees account, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: $80,000 22 DESCRIPTION: This article requests funds to continue the program of managing the parking facilities in the Center business district which was initiated by Article 63 of the 1981 Annual Town Meeting. The program includes lease of several permit parking lots and continued operation of the attendant parking lot at Meriam Street. The funds requested are recommended to be appropriated from the parking meter fees account. OTHER FINANCIAL ARTICLE 26 UNDERGROUND TANK TESTING To see if the Town will appropriate a sum of money to test Town owned underground fuel storage tanks; determine whether the money shall be provided by the tax levy, by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: $27,000 DESCRIPTION: This article requests funds to comply with State regulations requiring testing of Town and School owned underground fuel storage tanks to protect against contamination of soil and water. These funds also provide repair, removal and limited replacement of leaky tanks. There are 33 tanks at 19 Town or School owned locations. ARTICLE 27 LINCOLN STREET DEVELOPMENT To see if the Town will appropriate a sum of money to construct a restroom facility at the Lincoln Park as determined by the Recreation Committee with the approval of the Board of Selectmen; determine whether the money shall be provided by the tax levy, by transfer from available funds, including any special recreation funds, by borrowing, or by any combination of these methods; or act in any other manner in relation thereto, (Inserted at the request of the Recreation Committee) FUNDS REQUESTED: $149,600 DESCRIPTION: This article requests funds to commence work on Phase 2.5 of the multi-phased program at the Lincoln Park recreation complex. The funds requested here will be used to construct handicapped accessible restroom facilities. 23 ARTICLE 28 HARRINGTON FIELDS REHABILITATION To see if the Town will appropriate a sum of money to reconstruct and rehabilitate the two multi-purpose playing fields at Harrington School as determined by the Recreation Committee with the approval of the Board of Selectmen; determine whether the money shall be provided by the tax levy, by transfer from available funds, including any special recreation funds, by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted at the request of the Recreation Committee) FUNDS REQUESTED: $180,000 DESCRIPTION: This article requests funds to completely reconstruct the two soccer fields on the Harrington School playground. The fields will be turned- over, loamed, graded, fertilized and seeded to accomodate heavy three season use by youth and adult leagues, schools, industrial groups and the Recreation Department. ARTICLE 29 OLD RES WEED CONTROL MANAGEMENT PLAN To see if the Town will appropriate a sum of money to hire a consultant to analyze and make recommendations regarding the weed problem at the Old Res as determined by the Recreation Committee with the approval of the Board of Selectmen, determine whether the money shall be provided by the tax levy, by transfer from available funds, including any special recreation funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted at the request of the Recreation Committee) FUNDS REQUESTED: $29,495 DESCRIPTION: The Old Reservoir is a 6 acre pond used primarily for swimming. The recreational water uses have been threatened in recent years by the encroachment of weeds into the bathing areas as well as elevated bacterial counts during mid to late summer. Funds requested will be used to analyze the water quality, prepare a management plan for the weed problem and implement recommended weed control measures. ARTICLE 30 HAZARDOUS WASTE COLLECTION To see if the Town will authorize the Selectmen to enter into a contract with a licensed hazardous wastes transport, storage, and disposal company to collect and dispose of residential hazardous wastes; appropriate a sum of money for such contract and determine whether the money shall be provided by the tax levy, by transfer from available funds, by user fees, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) 24 FUNDS REQUESTED: $40,000 DESCRIPTION: This article requests funds to collect household hazardous wastes. These wastes, including but not limited to pesticides, paint and cleaning solvents, herbicides, and other poisons cannot be legally discarded with other household trash and are dangerous to the environment if discarded in woods or backyards. ARTICLE 31 MISCELLANEOUS SCHOOL ARTICLE To see if the Town will appropriate a sum of money to remodel, reconstruct and make extraordinary repairs to school buildings and purchase additional equipment therefor; determine whether the money shall be provided by the tax levy, by transfer from available funds, by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the School Committee) FUNDS REQUESTED: $1,275,765 DESCRIPTION: The School Committee has recommended several capital improvements for funding in FY91 including walkway and roof repairs, asbestos abatement, HVAC and locker room repairs, school remodeling, computer hardware and software purchase and rebuilding of an emergency generator. ARTICLE 32 COMPUTER CATALOGUE SYSTEM, CARY LIBRARY To see if the Town will appropriate a sum of money for the online computerization at Cary Memorial Library; determine whether the money shall be provided by the tax levy, by transfer from available funds, by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: $150,000 DESCRIPTION: It has become increasingly difficult to maintain the computer system installed at Cary Library in 1984. It will soon become impossible, and we have been advised to upgrade or replace the existing system. A larger computer system, along with additional terminals are required for an up to date user friendly public access catalog. This project has been on the Library's long range plan for scheduled replacement for five years. The Library Trustees are seeking matching federal funding as well as private grants towards this project. 25 ARTICLE 33 FIVE FORKS TRAFFIC STUDY To see if the Town will appropriate a sum of money to undertake a traffic study at the Five Forks intersection of Lincoln Street, Marrett Road, and School Street for the purpose of recommending safety improvements; determine whether the money shall be provided by tax levy, by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by Rosamond G. Rabinowitz and nine or more registered voters) FUNDS REQUESTED: $30,000 DESCRIPTION: The Board of Selectmen has requested the Massachusetts Department of Public Works to conduct a detailed traffic engineering study of this intersection, including recommendations for improvements and cost estimates. This article requests funds to complete the study if the state is unwilling to do so. ARTICLE 34 LOT 82, SKYVIEW ROAD To see if the Town will vote to appropriate a sum of money to acquire by eminent domain or otherwise, the land on Skyview Road shown as Lot 82 on Assessors' Property Map 90, now or formerly of the Town of Lexington, for housing purposes; determine whether the money shall be provided by the tax levy, by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: None at press time DESCRIPTION: This article authorizes the Town to acquire, by eminent domain, Lot 82 on Skyview Road in order to clear title defects, if any. 26 CONSERVATION AND PLANNING ARTICLE 35 GENERAL BY-LAWS AMENDMENT WETLANDS PROTECTION To see if the Town will vote to amend Article XXXII of the General By-Laws of the Town of Lexington by deleting Section 7.3 and substituting therefor the following: "Section 7.3 The terms marsh, freshwater wetland, swamp, wet meadow and bog as used in 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 consists of soil types designated as poorly drained, very poorly drained, alluvial, or floodplain as defined from time to time by the National Cooperative Soils Survey, of the Soil Conservation Service of the United States Department of Agriculture, whichever line includes a larger area."; or act in any other manner in relation thereto. (Inserted at the request of the Conservation Commission) DESCRIPTION: Acceptance of this amendment to the Wetlands By-Law includes adding the criterion of soil to the current definition section. Massachusetts law sets out the limits of wetlands on the basis of vegetation. However, in some situations where an area has been disturbed, or winter conditions exist, soils may be the only indicator of wetlands conditions. The amendment adds four soil types that can be used as a basis for delineating wetlands. The addition of these criterion will not expand the Commission's jurisdiction. ARTICLE 36 ZONING BY-LAW, TECHNICAL CORRECTIONS To see if the Town will vote to amend the Zoning By-Law by making a number of technical corrections, as set forth in a document entitled Zoning By-Law, Technical Corrections, which is on file, and available for inspection, in the office of the Planning Board and of the Town Clerk, the principal features of which deal with: 1) time period for appeals, 2) responsibility for filing decisions in the Registry of Deeds, 3) regulation of uses or developments for religious or educational purposes, 4) change in use from a previously approved use, 5) listing specific names of permits granted to replace a general term, 6) clarification by cross reference, 7) frontage reduction on circular turnarounds, 8) clarification of names for planned residential developments, 9) access to usable open space, 10) parking space and driveway setbacks, 11) substitution of the term, Zoning Officer, for Building Commissioner, and 12) correction of typograph- ical errors; or act in any other manner in relation thereto. (Inserted at the request of the Planning Board) 27 DESCRIPTION: This article includes a number of amendments, which are lengthy, that: 1) correct typographical errors and cross-references, 2) bring the wording of the By-Law into conformance with state law or court decisions, 3) clarify interpretations, 4) group provisions dealing with a subject, and 5) update obsolete provisions and references. ARTICLE 37 ZONING BY-LAW, BED & BREAKFAST To see if the Town will vote to amend the Zoning By-Law by making a number of amendments, as set forth in a document entitled Zoning By-Law, Bed & Breakfast, which is on file, and available for inspection, in the office of the Planning Board and of the Town Clerk, the principal features of which deal with: 1) a definition of a bed and breakfast operation as an accessory use in a dwelling unit, 2) a requirement for a special permit from the Board of Appeals to conduct a bed and breakfast operation, 3) a maximum of three bed and breakfast units permitted in a dwelling unit, 4) standards so that a bed and breakfast operation does not become a lodging house, 5) standards to insure that the exterior appearance of the dwelling remains that of a one-family house, and 6) off-street parking requirements; or act in any other manner in relation thereto. (Inserted at the request of the Planning Board) DESCRIPTION: A bed and breakfast operation in a house is not now permitted by the Lexington Zoning By-Law. The proposed amendment allows the Town Meeting to choose whether or not they should be allowed in Lexington. The proposed amendment, which is lengthy, is summarized in the article. In essence it would allow a bed and breakfast operation to be conducted as an incidental use of a one-family house with standards so that the exterior appearance of the house is not changed. ARTICLE 38 ZONING BY-LAW, PARKING ADJUSTMENTS To see if the Town will vote to amend the Zoning By-Law in Section 11, OFF-STREET PARKING AND LOADING, in subparagraph 11.3.2 f., by striking out the existing sentence and by inserting in place thereof: "f. Where places of public assembly are provided with benches rather than individual seats, each two lineal feet of bench shall equal one seat, and where no fixed seats or benches are used, each 20 square feet of floor area in the largest assembly area shall equal one seat."; or act in any other manner in relation thereto. (Inserted at the request of the Planning Board) 28 DESCRIPTION: The Zoning By-Law requires that off-street parking spaces be provided in relation to the number of seats in a place of public assembly. The proposed amendment adds language to cover the situation where benches are provided rather than individual seats. In cases where seats are set up temporarily, the By-Law determines the number of parking spaces needed on the basis of an equivalent amount of floor area. The amendment increases the requirement from the present one parking space for each 40 square feet of floor area to one space for each 20 square feet of floor area. ARTICLE 39 ZONING BY-LAW, PRIVATE FLAGS To see if the Town will vote to amend the Zoning By-Law in Section 13, SIGNS, by adding a new sentence in subsection 13.2.9 PROHIBITED SIGNS, subparagraph b., that deals with prohibited wind actuated signs, as follows: "However a single flag or banner, containing advertising matter, may be allowed in a commercial zoning district provided the Board of Appeals grants a special permit for it under the provisions of subparagraph 13.1.4. A special permit is not required for a flag owned and installed by a governmental agency."; or act in any other manner in relation thereto. (Inserted at the request of the Planning Board) DESCRIPTION: The sign section of the Zoning By-Law now prohibits pennants, spinners, streamers and other wind actuated devices. Several businesses in Lexington Center have asked to be allowed to use flags or banners with logos or advertising. Permission of the Board of Appeals would be needed before a private flag or banner could be displayed. In Lexington Center and for most of Massachusetts Avenue, approval of the Historic Districts Commission would be needed as well. GENERAL ARTICLES ARTICLE 40 GENERAL BY-LAW REVISIONS - TMMA To see if the Town will vote to amend Article V of the General By-Laws as follows: (1) In Section 17, by deleting the words "(b) to adjourn sine die" and by replacing them with the words "(b) to dissolve the meeting"; (2) By deleting Section 19 and substituting therefor the following: "Section 19. During debate on subsidiary motions listed in Section 18, no person shall speak more than three minutes or more than once, and debate shall be limited to ten minutes, except that the debate on the subsidiary motion to amend shall be thirty minutes unless changed by vote of the meeting."; 29 (3) By deleting Section 20 and substituting therefor the following: "Section 20. When debate is closed by ordering the previous question or by vote to close debate at a specified time, the maker of the main motion or the amendment under consideration shall be allowed to speak for three minutes and may grant to any other member a part or all of his time, or give his time to the meeting."; (4) By deleting Section 25 and substituting therefor the following: "Section 25. The previous question shall be put in the form: "Shall the question on the amendment now be put?" for an amendment or, alternatively, "Shall the main question now be put?" for a main motion and all debate shall be suspended until the previous question is decided."; and (5) By deleting Section 26 and substituting therefor the following: "Section 26. The adoption of the previous question shall put an end to all debate on the motion under consideration except as provided in Section 20 of this Article." or act in any other manner in relation thereto. (Inserted by the Board of Selectmen at the request of TM MA) DESCRIPTION: This article which would amend Article V of the General By- Laws is placed on the warrant by the Town Meeting Members Association Executive Board and is based on the recommendations made by the TMMA By- Law Subcommittee. It would (1) translate a Latin phrase; (2) increase to 30 minutes the time allotted for debate on amendments to warrant articles; (3) allow debate to be closed by moving the question without closing debate on the entire article as currently exists; and, (4) after debate has been closed, to grant to the maker of an amendment and/or motion a three minute summation time. ARTICLE 41 ACCEPTANCE OF CHAPTER 147, S.10F OF M.G.L., PARKING CONTROL OFFICER To see if the Town will vote to accept Section 1OF of Chapter 147 of the Massachusetts General Laws, relating to the appointment of parking control officers; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) DESCRIPTION: Acceptance of this section will enable the Town to appoint a civilian parking control officer to enforce parking regulations and perform meter collection duties. 30 ARTICLE 42 ACCEPTANCE OF CHAPTER 32, S.22D OF M.G.L. - RETIREMENT BOARD To see if the Town will vote to accept Section 22D of Chapter 32 of the Massachusetts General Laws relating to funding of the pension system or approve the acceptance by the Retirement Board of any of various benefit options contained in said Chapter 32; or act in any other manner in relation thereto. (Inserted by the Retirement Board) DESCRIPTION: Chapter 32 of the Massachusetts General Laws relate to the area of public pensions. The General Laws have recently been amended and certain provisions therein require local acceptance. This article seeks to maintain an appropriate degree of flexibility in dealing with these changes. The Retirement Board is currently reviewing the options available and will make its recommendations to the Town Meeting. ARTICLE 43 ACCEPTANCE OF CHAPTER 41, S.41B OF M.G.L. - DIRECT DEPOSIT OF PAYROLL To see if the Town will vote to accept Section 41 B of Chapter 41 of the Massachusetts General Laws, relating to the payment of Town employees by direct bank credits; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) DESCRIPTION: Acceptance of this section will enable the Town to directly deposit payroll checks for those employees who request direct deposit. ARTICLE 44 ACCEPTANCE OF CHAPTER 60, S.23B OF M.G.L. - MUNICIPAL LIEN CERTIFICATE FEES To see if the Town will vote to accept Section 23B of Chapter 60 of the Massachusetts General Laws, relating to fees for municipal lien certificates; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) DESCRIPTION: Acceptance of this section will allow the Town to increase the fees for municipal lien certificates on land with four or more family dwelling units from $25 to $100; on land with a commercial, industrial or public utility structure from $25 to $150; and farms and forest land from $25 to $50. 31 ARTICLE 45 ACCEPTANCE OF CHAPTER 40, S.58 OF M.G.L. - AMBULANCE FEE LIEN To see if the Town will vote to make ambulance fees subject to a "municipal charges lien" as provided in Section 58 of Chapter 40 of the Massachusetts General Laws; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) DESCRIPTION: Acceptance of this section will further the collection process by enabling the Town to place liens on the real estate owned by persons who do not pay ambulance charges. ARTICLE 46 PROVISION FOR QUARTERLY TAX BILLS To see if the Town will accept Section 41 of Chapter 653 of the Acts of 1989 relating to quarterly tax bills; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) DESCRIPTION: Acceptance of this section will allow the Town to issue quarterly rather than biannual real estate and personal property tax bills. ARTICLE 47 PROVISION TO CAPTURE NEW GROWTH To see if the Town will accept Section 40 of Chapter 653 of the Acts of 1989 relating to assessment date changes for capturing new growth; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) DESCRIPTION: Acceptance of this section will allow the Town to extend the date for which the Board of Assessors can add the value of new construction to the tax levy from January 1st, 1990 to July 1, 1990. This will allow the Town a one time windfall to capture eighteen months of new growth in one assessment period. Each year thereafter, the assessment date will be July 1st. ARTICLE 48 ACCEPTANCE OF CHAPTER 40, S.57 OF M.G.L. - LICENSE AND PERMIT DENIAL FOR NONPAYMENT OF TAXES To see if the Town will vote to accept Massachusetts General Laws, Chapter 40, Section 57, providing for the non-issuance of licenses or permits to any person or corporation who has failed to pay any local tax assessment or other municipal charge, or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) 32 DESCRIPTION: Acceptance of this section will allow the Town to authorize local licensing and permit granting authorities to withhold or revoke licenses and permits to those who owe taxes to the Town. ARTICLE 49 GENERAL BY-LAW - LICENSES AND PERMITS OF DELINQUENT TAXPAYERS To see if the Town will vote to amend Article XXVII of the General By-Laws by adding a new Section 10 thereto as follows: "LICENSES AND PERMITS OF DELINQUENT TAXPAYERS Section 10. The appropriate licensing and permit-granting authorities of the Town may deny any application for, or revoke or suspend any local license or permit, including renewals and transfers issued by the Board of Selectmen, or any Town officer, committee or board for any person, corporation or business enterprise who has neglected or refused to pay any local taxes, fees, assessments, betterments, or any other municipal charges. The procedure for denying application for, revoking or suspending such local license or permit shall be as set forth in Massachusetts General Laws, Chapter 40, Section 57 as amended. The Collector of Taxes shall charge a fee determined annually for certifying that the person, corporation or business enterprise in question is in good standing with respect to all local taxes, fees, assessments, betterments, or other municipal charges."; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) DESCRIPTION: Amending this section of the By-Laws will allow the Town to implement the provisions of MGL Chapter 40; Section 57, as proposed in Article 48, and will allow the Tax Collector to charge a fee for conducting the research necessary to determine whether an individual, corporation or business is in good standing with respect to local taxes, fees, assessments, betterments or other municipal charges. ARTICLE 50 BY-LAW AMENDMENT, TOWN CLERK FEES To see if the Town will vote to amend Article VII of the General By-Laws by deleting Section 5 and substituting therefor a new fee schedule as set forth in a document on file and available for inspection at the office of the Town Clerk; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) DESCRIPTION: These increases will bring fees into alignment with current costs. They are based on increases in inflation since they were last changed in 1981, as well as an analysis of the effort needed to perform the services. They have been recommended by the Joint Fee Schedule Study Committee of the Massachusetts Town and City Clerks' Associations and support uniformity among the various cities and towns of the Commonwealth. 33 ARTICLE 51 REGULATIONS RE SCHOOL BUS CAPACITY AND OPERATION As from the Mass. General Laws, Chapter 90, section 7L, Standee in School Buses Prohibited, we ascertain that, "Notwithstanding the provisions of clause (2) of section seven B, in any city or town which accepts the provisions of this section, the operator of a school bus shall not allow the number of school children riding in the bus at any one time to exceed the number of seats therein, nor shall he drive said bus until each child is seated. Whoever violates the provisions of this section shall be punished by a fine of not less than fifty dollars nor more than five hundred dollars." (Inserted by Joan H. Cordell and nine or more registered voters) DESCRIPTION: Passage of this article will adopt the state recommended language for safe standards on school buses. School bus drivers would be required to wait for school children to seat themselves before driving away. Currently, no such requirement exists in Lexington; bus drivers are now free to leave the stop while the young children are still standing, and thus in danger of falling. Adoption of this article will help introduce a precaution against the needless potential for injury. ARTICLE 52 LOTS 407 & 408, LEIGHTON AVENUE To see if the Town will vote to acquire by eminent domain or otherwise Lots 2 and 4 on Leighton Avenue as shown on a plan entitled "Taking Plan of Land in Lexington, Mass." by Northeastern Engineering Associates dated January 9, 1990 which is on file in the office of the Town Clerk; to authorize the Selectmen to convey such parcels to the abutting land owners; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) DESCRIPTION: A 12 foot wide strip of land on the southerly side of Leighton Avenue was once part of the 40 foot right-of-way for Leighton Avenue, but was not included in the 1959 taking for the 28 foot wide Town layout. Since the town has no use for this strip, and one of the abutters has part of a garage on it, the abutters have asked the Town to take the remaining 12 foot wide strip and then convey it to the abutters. ARTICLE 53 CUT IN MILITARY SPENDING To see if the Town will recommend that the Massachusetts Congressional Delegation and the President of the United States reduce military spending in order to cut the federal deficit and to fund pressing economic, environmental and social needs; or to see if the Town will act in any other manner in relation thereto. (Inserted by Rachel S. Rosenblum and nine or more registered voters) 34 DESCRIPTION: This citizens' petition requests the U.S. Government to direct a greater portion of the nation's budget to non-military needs. 52% of federal tax dollars are now allocated to the military budget. Over the last eight years, domestic spending has been reduced by 22%, while military spending has risen 44%. As a result, Lexington residents now pay each year $36,450,000 to the military portion of the federal budget while paying $26,946,000 in property taxes to fund local services. This translates into an average yearly payment per household of $2,438 to the town and $3,557 to the military budget. In view of the fiscal crisis facing Lexington, and the State, we feel this is an appropriate action to bring to Town Meeting. ARTICLE 54 EQUAL EDUCATIONAL OPPORTUNITY GRANTS To see if the Town will vote to authorize the School Committee to accept Equal Educational Opportunity Grants that may be available for the current and subsequent fiscal years; or act in any other manner in relation thereto. (Inserted by the School Committee) DESCRIPTION: Districts that wish to accept the FY90 Equal Educational Opportunity (EEO) grants must submit a vote of acceptance by the School Committee and the local appropriating authority. To be eligible for these EEO grants, the schools must spend an amount equal to or greater than its previous year's per pupil expenditure. ARTICLE 55 PINE MEADOWS DEVELOPMENT To see if the Town will vote to take such actions as may be necessary to promote the construction of affordable housing, as such term is defined in the Comprehensive Plan adopted by the Planning Board, and such other housing and public facilities as may complement, or be needed to serve, the affordable housing, on part of the land in the Meagherville school site, so called, which was transferred to the jurisdiction of the Board of Selectmen by Article 51 of the warrant for the 1985 Annual Town Meeting, and on part of the land in the Pine Meadows Golf Course which was acquired under Article 2 of the warrant for the Special Town Meeting held on July 13, 1988; authorize the Board of Selectmen to lease or to transfer the ownership of such land to the Lexington Housing Authority, to the Lexington Housing Assistance Board, to a private or public corporation or real estate trust, or any combination thereof, for the purpose of constructing affordable housing and other complementary housing and public facilities; to see if the Town will appropriate a sum of money for the design of, the preparation of plans for, and the construction of streets, sidewalks, storm drainage facilities, sanitary sewage facilities, other utility lines and facilities, and recreation facilities needed for the construction of affordable housing; determine whether the money shall be provided by the tax levy, by transfer from available funds, by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: Undetermined at press time 35 DESCRIPTION: The 1989 Town Meeting instructed the Board of Selectmen to appoint a Pine Meadows-Meagherville Site Development Committee, and charged the Committee with preparing and submitting to Town Meeting for its review and approval, a site development plan for affordable housing. The Committee is comprised of representatives from the Selectmen, Planning Board, Conservation Commission, Housing Authority, LexHAB, Fair Housing Committee, and the Reed and Cedar Street areas of Precinct Eight. The Committee is scheduled to submit its preferred site development plan under this article. The 1989 Town Meeting simultaneously instructed Selectmen to appoint a townwide Affordable Housing Options Committee, and instructed that Committee to assemble an inventory of potential affordable housing sites; summarize existing affordable housing data and studies; integrate housing goals with other town objectives and policies; examine financing options; and generally, to foster townwide discussion and understanding of affordable housing guidelines and possibilities through education and information programs. The Affordable Housing Options Committee is comprised of one member from each of seven Town boards and one representative from each precinct, and will report its preliminary findings to Town Meeting under this article. ARTICLE 56 MEAGHERVILLE LAND, HOUSING, CONSERVATION, RECREATION USES To see if the Town will vote to take such actions as may be necessary to promote the construction of affordable housing, as such term is defined in the Comprehensive Plan adopted by the Planning Board, and such other housing and public facilities as may complement, or be needed to serve, the affordable housing, on part of the land in the Meagherville school site, so called, which was transferred to the jurisdiction of the Board of Selectmen by Article 51 of the warrant for the 1985 Annual Town Meeting, and on part of the land in the Pine Meadows Golf Course which was acquired by Article 2 of the warrant for the Special Town Meeting held on July 13, 1988; authorize the Board of Selectmen to lease or to transfer the ownership of such land to the Lexington Housing Authority, or to the Lexington Housing Assistance Board, or to lease to a private corporation or real estate trust, or any combination thereof, for the purpose of constructing affordable housing and other complementary housing and public facilities; authorize the Board of Selectmen to transfer, for conservation purposes, including outdoor recreation, as provided by Section 8C of Chapter 40 of the General Laws, as amended, the portion of such land not used for affordable housing and golf course purposes to the Conservation Commission; to see if the Town will appropriate a sum of money for the design of, the preparation of plans for, and the construction of streets, sidewalks, storm drainage facilities, sanitary sewage facilities, other utility lines and facilities, and recreation facilities needed for the construction of affordable housing; determine whether the money shall be provided by the tax levy, by transfer from available funds, by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by Alan Mayer Levine and nine or more registered voters) 36 FUNDS REQUESTED: Undetermined at press time DESCRIPTION: The Board of the Precinct 8 Resident's Association is proposing an alternative plan for the construction of affordable housing at the Pine Meadows - Meagherville site. The plan will not include sale of land to provide funding nor will it include a road connecting Cedar and Garfield Streets. It is also proposed that the land not to be used for the development of affordable housing be transferred to the Conservation Commission. ARTICLE 57 USE OF FUNDS TO REDUCE TAX RATE To see if the Town will appropriate a sum of money from available funds toward the reduction of the tax rate for the fiscal year; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: Undetermined at press time DESCRIPTION: This article requests the use of available funds--"free cash"--to reduce the tax rate. Subject to certain adjustments, "free cash" is surplus revenue less uncollected overdue real estate and personal property taxes from prior years.And you are directed to serve this warrant seven days at least before the time of said meeting as provided in the By-Laws of the Town. Hereof fail not, and make due return on this warrant, with your doings thereon, to the Town Clerk, on or before the time of said meeting. Given under our hands at Lexin ton this twelfth day of February, A.D., 1990. f; ,- C. Eddis , hairman ' aul . Mars all Board William J. Dai44,‘,Z6,-4,m/Gdie47 Jr. of 1 ,bac. iyn Smith Selectmen L;o P. cS -eney A true copy, Attest: Constable of Lexington 37