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HomeMy WebLinkAbout1997-03-03-TE-Warrant-and-1997-03-24-ATM-Warrant Local Election March 3, 1997 TOWN OF LEXINGTON WARRANT to the 1997 ANNUAL TOWN MEETING oRiv TABLE OF CONTENTS Page Town Finance Terminology Inside Front Cover Board of Selectmen's Message 3 FY 98 Appropriation/Revenue History 5 FY 97 Appropriations and FY 98 Proposed 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 Article 4 Operating Budget 9 Article 5 Supplementary Appropriations for Current Fiscal Year(FY97) 13 Article 6 Prior Years'Unpaid Bills 13 Article 7 Supplementary Appropriations for Authorized Capital Improvement Projects 14 PUBLIC WORKS Article 8 Water Mains 14 Article 9 Sanitary Sewers 15 Article 10 Sewer System Rehab Program 15 Article 11 Street Related Improvements 16 Article 12 Automated Water Meter Reading System 16 Article 13 Public Works Equipment 16 Article 14 Town Building Envelope Program 17 Article 15 DPW Mower Replacement 17 OTHER FINANCIAL Article 16 Brook Maintenance 17 Article 17 Purchase Fire Equipment 18 Article 18 Purchase Elections Optical Scan System 18 Article 19 Rehabilitation of the Center Pool Complex 19 Article 20 Playgrounds and Recreation Facilities Improvements 19 Article 21 Rescind Appropriations under Article 19 of 1996 19 Article 22 Miscellaneous School Article 20 Article 23 School Buildings Renovation/Reconstruction Program 20 Article 24 Stabilization Fund 21 1 CONSERVATION AND PLANNING BOARD Article 25 Amend Article AGI of General By-Laws, Wetland Protection 21 Article 26 Notice of Intent Fees 22 Article 27 Zoning By-Law, CRO to CD - 55 Hayden Avenue 22 Article 28 Zoning By-Law RO to CD - 16 Hayden Avenue 23 Article 29 Land Acquisition- Spencer Street 24 Article 30 Use of Driveway on Grandview Avenue 24 GENERAL ARTICLES Article 31 Legislation/Town Wide Referendum Vote 25 Article 32 Accept Chapter 60, Section 3C of Massachusetts General Laws 25 Article 33 Amend Chapter 521 of the Acts of 1983 -LexHAB 25 Article 34 In Lieu of Tax Payments by LexHAB 26 Article 35 Land Transfer 26 Article 36 Town Goals Relating to Hanscom Development 27 Article 37 Planning and Legal Services -Hanscom 27 Article 38 Hanscom Agreements Approval by Town Meeting 27 Article 39 Guidelines for Financing Capital Expenditures 28 Article 40 Retirement Board -Military Service Buy-Back 28 Article 41 Retirement Board Members Compensation 28 Article 42 Municipilization of Utilities 29 Article 43 Real Estate Transfer Tax 29 Article 44 Minuteman Tech Agreement Amendment 29 Article 45 By-Law Amendment 30 Article 46 Use of Funds to Reduce Tax Rate 31 List of Town Meeting Members 32 Map 38 Calendar 40 Election Information Inside Back Cover 2 cesum75°N0 -, &dun 7,11..exingtrat, Alassartiusttts APRIL IT OFFICE OF SELECTMEN LEO P.McSWEENEY,CHAIRMAN WILLIAM J.DAILEY,JR. TEL.(617)861-2708 DANIEL P.BUSA,JR. (617)861-2710 DAN H.FENN,JR. FAX:(617)863-2350 ELIZABETH B.EDDISON 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 1998. The Board of Selectmen are reviewing the Town Manager's Proposed Budget and will present their recommendations to Town Meeting after further consultation with the School Committee, Finance Committees and Town Manager. The Manager has proposed $83,065,533 as expenditures for FY98, a 1.7% or $1,378,172 increase over FY97. The budget will be balanced with expected revenue of$56,433,868 from the tax levy, $6,711,918 in State aid, $6,268,605 in local receipts, $1,026,510 in other available funds, and $12,624,632 enterprise revenue from the water, sewer and recreation operations. The Board is continuing in its review of the following issues: School Budget FY98 Request FY98 Manager Recommended Difference $43,249,785 $40,979,511 $2,270,274 The School Superintendent has submitted a budget that proposes a $3,328,572 or 8.3% increase in expenditures for FY98. The Manager's proposed budget is $2,270,274 less than the Superintendent's requested amount. Developing a Policy on Operating and Capital Reserves The Board of Selectmen is concerned about the low level of reserves that the Town maintained in free cash and the reserve fund at the close of the 1996 Town Meeting. We will attempt to engage Town meeting and the community at large in developing a policy that protects the long term fiscal health of the Town. Article 24, which proposes to re-establish a stabilization fund, speaks directly to this issue. 3 School and Town Capital The School professional staff is in the process of developing a major capital project plan. It is probable that a Proposition 2 1/2 debt exclusion will be required within the year to accommodate a growing school age population. The Board of Selectmen anticipates a thorough public discussion and a serious consideration of this proposal in the coming months. Most of the projects included in the Town's $1,217,000 capital request were identified during last year's budget process. A table of contents is provided for easy reference. The articles are grouped by topic and a brief description for each article is provided in an attempt to make the Warrant useful and understandable. A map showing locations of proposed public works and special projects is also provided. In addition to the Warrant, the Town Manager's comprehensive proposed budget as adopted by the Board of Selectmen will be mailed to all Town Meeting members prior to the start of Town Meeting. This year the Board of Selectmen has held weekly meetings with representatives of the School Committee, Appropriations Committee, Capital Expenditures Committee, the Superintendent of Schools and the Town Manager in a collective effort to address the needs of the Schools and the Town under challenging fiscal circumstances. This process will continue as we attempt to develop some consensus on the FY98 budget and some long-term fiscal policy matters. BOARD OF SELECTMEN Leo P. McSweeney, Chairman William J. Dailey, Jr. Daniel P. Busa, Jr. Dan H. Fenn, Jr. Elizabeth B. Eddison 4 APPROP TION/REVE HISTORY 28-Jan-97 FY95 FY96 FY97 FY98 FY98 Mgr. Expenditures Appropriated Appropriated Appropriated Dept.Requests Recommend l Town Operating* 21,864,571 23,940,183 24,055,718 25,351,116 24,659,193 Articles and Capital* 0 55,393 555,150 787,000 787,000 Pine Meadows Debt 1,515,644 1,439,954 1,174,088 1,100,500 1,100,500 Total Town Gen.Fund 23,380,215 25,435,530 25,784,956 27,238,616 26,546,693 Public Schools* 35,363,877 37,776,579 39,921,213 43,249,785 40,979,511 Regional Vocational School 612,806 620,850 472,415 472,415 472,415 Total Education 35,976,683 38,397,429 40,393,628 43,722,200 41,451,926 Water Enterprise 4,233,920 4,329,735 4,423,368 4,597,438 4,553,114 Sewer Enterprise 5,168,464 5,665,224 6,116,938 6,310,467 6,298,010 Recreation Enterprise 1,182,029 1,242,805 1,394,010 1,351,792 1,343,508 Enterprise Articles 966,000 1,432,000 1,145,000 430,000 430,000 Total Enterprise 11,550,413 12,669,764 13,079,316 12,689,697 12,624,632 Total Appropriations 70,907,311 76,502,723 79,257,900 83,650,513 80,623,251 Prior Year Deficits&Judgements 220,000 235,433 35,916 0 0 Intergovt Charges& Assessors Overlay 2,347,666 2,653,615 2,393,545 2,442,282 2,442,282 Gross Amt t®be Raised 5:73,474 977 ;.:.!,,,:.:179;291-,,771::'::-,:,'.. $81';6.87461:' ::::.$86,092,795 ,583,065,533' FY95 FY96 FY97 FY98 FY98 Mgr. Revenue Appropriated Appropriated Appropriated Requested Recommend Cherry Sheet 5,152,201 5,525,482 6,074,250 6,711,918 6,711,918 Local Receipts 4,848,613 5,813,935 6,151,726 6,268,604 6,268,604 Available Funds 1,656,040 2,146,588 1,668,166 1,026,510 1,026,510 Enterprise Revenue 11,550,413 12,669,764 13,079,316 12,689,697 12,624,632 Non-Tax Levy Revenue 23,207,267 26,155,769 26,973,458 26,696,729 26,631,664 Tax Levy Previous Year Levy 47,113,853 48,752,066 51,796,048 53,569,140 53,569,140 Allowable 2 1/2%Inc. 1,177,846 1,218,802 1,294,901 1,33 9,229 1,339,229 Allowable New Constr. 460,367 325,180 478,191 425,000 425,000 Voter Approved Oven-ide 0 1,500,000 0 0 0 Tax Levy Limit 48,752,066 51,796,048 53,569,140 55,333,369 55,333,369 Debt Exclusion 1,515,644 1,439,954 1,174,088 1,100,500 1,100,500 Total Revenues $73,474,977 , ! $79,391,771, $81`716,686 1$83,130,597 r:`$83,065,533 Budget Deficit/Surplus* 0 (0) 29;325 (2,962,197) (0) Notes for items marked*: FY96 Town Operating figure includes supplementary appropriations totaling$614,400 for Snow Deficit, COA Tax Workoff Program, and the Public Celebrations budget. FY96 Public Schools total includes supplemental appropriation of$456,000. Bonding of$500,000 of FY96 capital projects, $11,085,000 of FY97 capital projects and $1,410,000 of FY98 capital requests not included above. Surplus of$29,325 represents full taxy levy limit in FY97. The Town did not actually raise the full tax levy limit in FY 97. 5 FY97 Appropriated Total Appropriated = $81,687,361 (31.6%)Town General Fund (16.0%) Enterprise • 'ii i; ; ,li ,!ln 411i 1,1::( b, ,1 1,1ditiiiii:lhs '!.mi! ii.i :li on ::.:I:. ilibolli . . ; oi0SI1I .w . 1i„ ll (3.0%) Chargesuri4;!y !jII,, ;1!1 : . , I I;d , '4' n161, li i, it i i: 4 : I fl , I .V4 {l I „I iliviil t,P: , 1 lIi, U11! p pio 0111',!,, iiw' , Ia 1I'lll,ll1u;IIU : in14i iiti, , ', i,il, 11ll:ll' 49i !!!i' ik ibil !iWI4ipPilli41001° , LOverlay 1g1111ii ; QIrliAI'I ,I i{ I I 1i1 , p;,14 Iiii{ IM ! !4Viillll ' 11l1p,'064111hN „ii' ilU 'I i V ( l ! 11 11l .,hilli: ,• I'' IliiIll!ii!I!Qi!,IIVill pli i !l ,,.'":i Billlko:l401':Illi1 iI -. '.alpLiil,ilP ,hilii1ii i1l Iiiig,,!es (49.4%) School FY98 Proposed By Manager Total Proposed = $83,065,533 (32.0%) Town General Fund (15.2%) Enterprise = ;4' L.iwil _Sf .. uls • .Iiihmu iihillioN H. • AR&OverlayhPl4 ihY ' i'llg!! P!2 : i; '. 1ilII (2.9/) Charges !, i , hi ' Ip,I ' il ! 141 i11u1' ' I !i ,,,,, i ,41u ,11 ' i , iiII ' ! ”n lIi' Il ! ! ,l ' l,ol,n 41,ll . I l : .!1L :l I I, : Il1 igymb, ,iin.,hilaui : au-,a:'I:iii :Iu, l:l1,I I •Nl!li,,,luif i Itili.:ii;,l1!i.irnniati:g ,ni* i::."6!i p lp:, xir dr.l,l:par: i1n11,raiI0 ,0il!,ip:,.: ..:,m,ai, illl1di, il ;iiil! !,,04! ii ! alInp•l ,i'll ''''nlili!l ,,IJIlioIi;:igo;m4 , 4040,004n iiiiii.ii",i. ,, , ;: ii! 'Iii!, , ,401I,,,I 1p', p iiii ill , i,i ii: lfi4.pli!I}iiii4ri !to„p,..:x,.;ilp!p!Ii8lGil ii is, : • (49.9%) School 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 third day of March, 1997, at 7:00 a.m., then and there to act on the following articles: ARTICLE 1 ELECTIONS To choose by ballot the following Officers: One Selectman for a term of three years; One Moderator for a term of one year; Two members 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; Eight Town Meeting Members in Precinct One, 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 1998; Eight Town Meeting Members in Precinct Two, 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 1998; Seven Town Meeting Members in Precinct Three, the seven receiving the highest number of votes to serve for terms of three years; Eight 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 1998; Seven Town Meeting Members in Precinct Five, the seven receiving the highest number of votes to serve for terms of three years; 7 Nine Town Meeting Members in Precinct Six, 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 1999; the one receiving the next highest number of votes to fill an unexpired term ending March 1998; Nine Town Meeting Members in Precinct Seven, 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 1998; Seven Town Meeting Members in Precinct Eight, the seven receiving the highest number of votes to serve for terms of three years; Eight Town Meeting Members in Precinct Nine, 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 1998. To vote YES or NO by ballot on the following non-binding question: Shall legislation be requested by the Town of Lexington which would require a town-wide referendum vote for the approval of any fiscal year budget, exclusive of line items funded by enterprise funds, which exceeds the prior fiscal year's budget by more than three percent? YES NO The polls will be open at 7:00 a.m. and will remain open until 8:00 p.m. You are also to notify the inhabitants aforesaid to meet in Cary Memorial Hall in said Town on Monday, the twenty-fourth day of March at 8:00 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. 8 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 revolving or special funds, including enterprise funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) 9 FY97 FY98 IF Y96 Adjusted Proposed by # Progr.sin Name Expended Appropriation Manager 3000 Community Services DPW Personal Services $3,194,731 $3,034,877 $3,157,467 DPW Expenses 4,457,178 4,006,213 4,192,052 Water Department 3,710,758 3,632,027 3,725,490 Sewer Department 5,396,154 5,919,334 6,096,125 Transportation Personal Services 50,572 52,139 53,600 Expenses 178,114 179,458 182,559 $228,686 $231,597 $236,159 Total Co unity Services $16,987,507 $16,824,048 $1794079293 4000 Pan PnRic Safety Law Enforcement Personal Services $3,163,729 $3,549,041 $3,539,665 Expenses 292,164 319,844 327,844 $3,455,893 $3,868,885 $3,867,509 Fire Services 'ersonal Services $2,883,765 $2,818,566 $2,905,164 Expenses 164,805 237,553 292,407 $3,048,570 $3,056,119 $3,197,571 Total Public Safety $6,504463 $6,9259004 $790659000 5000 Culture Anal I'ecreation Cary Memorial Library Personal Services $1,060,575 $1,091,820 $1,042,928 Expenses 220,785 228,415 234,078 $1,281,360 $1,320,235 $1,277,006 'ecreation Department Personal Services 347,137 449,997 $450,005 Expenses 219,039 245,490 198,290 $566,176 $695,487 $648,295 Public Celebrations Expenses $16,753 $15,500 $17,050 16,753 15,500 17,050 Total Culture and is.ecreation $1,864,289 $2,031,222 $1,942,351 6000 Social Services Council on Aging Personal Services $106,544 $155,012 $157,913 Expenses 125,551 167,032 165,721 $232,095 $322,044 $323,634 10 FY97 FY90 FY96 A,¢gusted Proposed by # IProgr;3nm Flame Expended Appropriation M., Veterans Administration& +:=enefits Personal Services $27,189 $27,637 $27,784 Expenses 11,562 29,913 29,913 $38,751 $57,550 $57,697 Preventive Services Services for Youth $67,800 $69,834 $71,929 Service to yev. Disabled 11,000 12,800 13,184 $78,800 $82,634 $85,113 Tot I➢ Sociall Services $349,646 $462,228 $466,444 7000 1 asp. Services/Comm.Dev. Inspectional Services Personal Services $433,907 $444,896 $459,266 Expenses 43,920 53,218 55,039 $477,827 $498,114 $514,305 Community Development Planning Personal Services $135,243 $138,997 $139,447 Planning Expenses 6,556 6,614 7,000 $141,799 $145,611 $146,447 Total gasp. Services/C+„min. l0 ev, $619,626 $643,725 $660,752 0000 Genera➢ Govern ent Executive Board of Selectmen Personal Services $50,742 $53,334 $53,251 Expenses 54,617 77,349 77,829 Town Manager Personal Services $271,348 $284,260 $277,280 Expenses 12,633 15,500 15,370 Town Report 4,800 6,000 6,000 $394,140 $436,443 $429,730 Legislative Appropriation Committee $730 $800 $800 Misc. Boards&Committees 6,074 8,500 8,500 $6,804 $9,300 $9,300 Finance Comptroller Personal Services $272,971 $281,288 $318,930 Expenses 77,282 84,684 84,684 11 FY97 FY98 FY96 Adjusted Proposed by # Program Name Expended Appropriation Manager Revenue Personal Services 174,469 175,466 $202,747 Expenses 10,016 15,300 13,920 Assessors Personal Services 186,647 199,185 $200,066 Expenses 3,470 4,000 79,000 Data Processing Personal Services 55,366 75,641 $89,011 Expenses 91,442 167,050 167,300 $871,663 $1,002,614 $1,155,658 Staff Legal $254,970 $205,000 $211,150 Town Clerk Personal Services 137,152 132,999 $135,484 Expenses 2,642 2,860 2,895 Board of Registrars Personal Services 1,825 1,825 $1,825 Expenses 15,095 19,875 19,875 Elections Personal Services 26,228 44,237 $19,140 Expenses 13,621 20,400 15,590 $451,533 $427,196 $405,959 Total General Government $1,724,140 $1,875,553 $2,000,647 Operating Total $74,770,353 $77,557,750 $79,406,251 DESCRIPTION: This article requests funds for the Fiscal Year 1998 (July 1, 1997 - June 30, 1998) operating budget. The operating budget includes the school and municipal budgets, including water, sewer and recreation operations. The operating budget also includes requests for funds to provide salary increases for employees including salaries negotiated through collective bargaining negotiations. The municipal budget also includes certain school costs. These are primarily the costs of 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 FY 96 expenditures, FY 97 appropriations and FY 98 proposed. 12 ARTICLE 5 SUPPLEMENTARY APPROPRIATIONS FOR CURRENT FISCAL YEAR(FY 97) 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 1996 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: Unknown at press time. DESCRIPTION: This is an annual article to permit adjustments to current fiscal year (FY 97) expenditures. ARTICLE 6 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: Unknown at press time. 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. 13 ARTICLE 7 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, including enterprise 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: Unknown at press time. DESCRIPTION: This is an annual article to request funds for capital improvement project expenditures which exceed the level of appropriation. DPW ARTICLES ARTICLE 8 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: $280,000 DESCRIPTION: Funding is requested for phase fourteen of a twenty-phase program for replacing or cleaning and lining cast iron water pipes to remove tubercular growth and improve water quality and flow. In FY 98, 5,550 feet of water main in the Hancock Street neighborhood is proposed to be cleaned and relined. A comprehensive list of past and future cleaning and lining projects is available from the Town Engineer. 14 ARTICLE 9 SANITARY SEWERS To see if the Town will vote to install sewer mains and sewerage systems and replacements thereof 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: $560,000 DESCRIPTION: This article requests sewer enterprise funds of$560,000 for the Collection Sewer Program. State requirements for existing and replacement on-site sewerage disposal systems are much stricter under the so-called Title V requirements. These funds will allow the Town to extend sewers to those residential dwellings not currently serviced. Funding for Phase I was approved by the 1996 Town Meeting. Funding is now being requested for Phase II. ARTICLE 10 SEWER SYSTEM REHAB PROGRAM To see if the Town will appropriate a sum of money to remove infiltration of ground water from the sewer system; 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: $300,000 DESCRIPTION: Now that the Town is about to be charged on flow basis for sewerage treatment by MWRA, it seems prudent for the Town to be aggressive in reducing the infiltration of ground water into the Lexington Sewer System by instituting a rehabilitation program. We are recommending a 30 year program of rehabilitating all the pipes in the sewer collection system which consist of approximately 5000 manholes, 650,000 of street mains and 180,000 of trunk sewers. Funding of$300,000 per year is recommended to rehabilitate 28,000 feet of sewers, including manholes, each year for 30 years. 15 ARTICLE 11 STREET RELATED 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: $700,000 DESCRIPTION: This article requests $700,000 of State Chapter 90 highway funds to pave approximately six miles of streets. ARTICLE 12 AUTOMATED WATER METER READING SYSTEM To see if the Town will appropriate a sum of money for the purchase of an automated water meter reading system 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 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, including the local financial assistance program of the Massachusetts Water Resources Authority; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: $550,000 DESCRIPTION: This article requests water enterprise funds of$550,000 to replace 10,000 domestic water meters with a new automated meter reading and billing system. The Town anticipates MWRA grant money in addition to the use of Water Enterprise funds. ARTICLE 13 PUBLIC WORKS EQUIPMENT To see if the Town will appropriate a sum of money for the purchase of equipment for the Department of Public Works; 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; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: $392,000 DESCRIPTION: This article requests funds for new and replacement public works equipment. In FY 98 fourteen pieces of equipment are being proposed to be purchased. 16 ARTICLE 14 TOWN BUILDING ENVELOPE PROGRAM To see if the Town will appropriate a sum of money to remodel, reconstruct and make extraordinary repairs to town buildings; 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: $200,000 DESCRIPTION: This article requests funds to finance a number of small but important building capital repairs. These projects include but are not limited to the following: rebuild entrance stairs and repair the roof of Cary Memorial Building; replace the boiler, upgrade the electrical system, replace the emergency generator, and fix basement floor under drain at Fire Station headquarters. This is the same program proposed in FY 97 except that the roofs at the Fire Station Headquarters and Visitors' Center were approved under Article 12 of 1996. ARTICLE 15 DPW MOWER REPLACEMENT To see if the Town will vote to appropriate a sum of money to replace a mower for the Department of Public Works; determine whether the money shall be provided from insurance funds; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: $47,000 DESCRIPTION: This article will allow the Town to purchase a replacement for a 1990 Toro tractor mower which was declared a total loss due to fire on October 1, 1996. A check has been received from the insurance company for $47,000. Town Meeting authorization is needed to use the insurance money to purchase a replacement mower. OTHER FINANCIAL ARTICLE 16 BROOK MAINTENANCE To see if the Town will appropriate a sum of money to clean and maintain streams and brooks in the Town; determine whether the money shall be provided by the tax levy, or by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted at the request of the Conservation Commission) FUNDS REQUESTED: $30,000 17 DESCRIPTION: This article requests funds to establish a comprehensive brook cleaning and maintenance program which will comply with the Massachusetts Wetlands Protection Act for the entire brook system in Lexington. The funds, which may also be used with matching funds from relevant grant programs, will be used to pay for developing and preparing permit documents to support DPW programs for brook cleaning and maintenance to control flooding, prevent pollution of surface and ground water, and develop programs to enhance stormwater management. ARTICLE 17 PURCHASE FIRE EQUIPMENT To see if the Town will appropriate a sum of money to replace special rescue and firefighter equipment for the fire department; 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: $45,000 DESCRIPTION: This article requests funds to purchase some or all of the following fire fighting equipment: the Hurst Tool, also known as the Jaws of Life; an enclosed utility trailer for the storage and transport of hazardous waste equipment; an ice rescue sled; ice rescue suits; five submersible pumps; and a positive pressure ventilation device used to push smoke, heat, and burning products from a burning structure. ARTICLE 18 PURCHASE ELECTIONS OPTICAL SCAN SYSTEM To see if the Town will appropriate a sum of money to purchase an optical scanning election system to replace the current voting machines; 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: $86,000 DESCRIPTION: This article requests funds for replacing the current voting machines to a state-approved electronic voting system. Proposed state legislation is anticipated to make loans available to communities to upgrade voting systems. 18 ARTICLE 19 REHABILITATION OF THE CENTER POOL COMPLEX To see if the Town will appropriate a sum of money to make improvements at the Town Pool Complex; determine whether the money shall be provided by the tax levy, by transfer from available funds, including the recreation enterprise fund, 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: $100,000 DESCRIPTION: This article requests funds to make necessary repairs to the Center Pool Complex. A consultant's report in 1993 evaluating the condition of the center pool complex showed the marcite surface of the pool needed to be replaced. In FY 94, the marcite surface was patched with an expectancy of five more years of use. At this time, the pools can no longer be patched and need to be resurfaced. This request is part of a program plan prepared and approved by the Recreation Committee. ARTICLE 20 PLAYGROUNDS AND RECREATIONAL FACILITIES IMPROVEMENTS To see if the Town will appropriate a sum of money to make improvements at selected playgrounds, tennis courts and,ball fields; determine whether the money shall be provided by the tax levy, by transfer from available funds, including the recreation enterprise fund, 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: $50,000 DESCRIPTION: This is an annual request to provide facility improvements to playgrounds, tennis courts and ballfields. At press time the exact upgrade has not been determined by the Recreation Committee. These projects will comply with the Americans with Disabilities Act which requires accessibility to all new and renovated facilities. ARTICLE 21 RESCIND APPROPRIATION UNDER ARTICLE 19 OF 1996 To see if the Town will vote to rescind the appropriation voted under Article 19 of the warrant for the 1996 annual town meeting relating to improvements at the Pine Meadows Golf Course; or act in any other manner in relation thereto. (Inserted at the request of the Recreation Committee) DESCRIPTION: This will rescind the $150,000 appropriation earmarked for modifications of the third hole at Pine Meadows Golf Course as well as the installation of an irrigation system. Funding was not available through the Recreation Enterprise Account to make the above modifications. 19 ARTICLE 22 MISCELLANEOUS SCHOOL ARTICLE To see if the Town will appropriate a sum of money to remodel, reconstruct and make extraordinary repairs to the school administration building and to purchase technology hardware and equipment for the school system; 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: $1,151,290 DESCRIPTION: This request is for the purchase of computer hardware to implement the second year of the School Department's State approved Technology Plan. The equipment purchased will be distributed throughout the School System. It includes computers for teacher stations, shared resources such as printers, scanners, projectors and display devices as well as equipment to expand the current network and Library CD ROM servers. This article also requests funds to renovate the school administration building. The project is being brought forward outside the proposed school building renovation plan because as a stand-alone building it does not qualify for state reimbursement under the Department of Education School Building Assistance Bureau Guidelines. The work proposed would renovate the existing structure's exterior as well as make improvements to the electrical and plumbing systems and make the building more accessible. ARTICLE 23 SCHOOL BUILDINGS RENOVATION/RECONSTRUCTION PROGRAM To see if the Town will appropriate a sum of money to construct, originally equip and furnish additions to and remodel, reconstruct and make extraordinary repairs to school buildings, including architectural and engineering services in connection therewith; 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: Unknown at Press Time DESCRIPTION: The School Committee requests funds for capital renovations to the nine school buildings. The project is a result of a Facilities Utilization and Programming study completed by HMFH Archhitects, following reommendations of the Building Finance Committee, to determine space needs of the public schools. Work included in this request would provide funding for architectural and engineering plans, renovation and construction of new and existing space, as well as necessary equipment to support the educational program based on current and future enrollments. 20 ARTICLE 24 STABILIZATION FUND To see if the Town will appropriate a sum of money for a Stabilization Fund in accordance with Section 5-B of Chapter 40 of the General Laws; 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: $150,000 DESCRIPTION: Money may be appropriated into a stabilization fund which may be invested and the interest may then become part of the fund. The use of these funds may later be appropriated, by a two-thirds vote at an Annual or Special Town Meeting, for any purpose for which the town would be authorized to borrow money under Sections 7 and 8 of Chapter 44 of the General Laws, or for any lawful purpose. CONSERVATION AND PLANNING BOARD ARTICLE 25 AMEND ARTICLE XXXII OF GENERAL BY-LAWS WETLAND PROTECTION To see if the Town will vote to amend Article XXXII of the General By-Laws (Wetland Protection) as follows: (a)by making changes and technical corrections to sections 1, 2, 2.1 and 6, to include adding wetland areas that are not currently protected under the By-Law; making the applicant responsible for notifying abutters of public hearings; adding categories to the areas to which proposed work may be significant; and clarifying harm to the protected interests; (b)by adding a new section 8 relating to the imposition of a fee for the reasonable costs and expenses borne by the Conservation Commission for specific expert engineering and other consultant services; (c)by adding a new section 10 relating to the expiration of orders of conditions; and (d)by renumbering the current sections 8, 9 and 10 accordingly; all as shown on a document on file in the office of the Town Clerk; or act in any other manner in relation thereto. (Inserted at the request of the Conservation Commission) 21 DESCRIPTION: Sections of the By-Law would be amended or clarified to provide for protection of additional wetland areas that are not currently protected under the By-Law; and to add categories to the interests where proposed work may have significant adverse impacts. Changes and additions will reduce the cost of the application and review procedures to the Town by requiring the applicant to notify abutters and pay for additional expert consulting sometimes required for a comprehensive review of a project. Information for the applicant will be clarified with the addition of definitions for terms of the permits issued by the Conservation Comission. ARTICLE 26 NOTICE OF INTENT FEES To see if the town will appropriate a sum of money for the purpose of administering the Wetlands Protection Act; determine whether the money shall be transferred from available funds; or act in any other manner in relation thereto. (Inserted at the request of the Conservation Commission) FUNDS REQUESTED: $2,820 DESCRIPTION: Under the Massachusetts Wetlands Protection Act G.L. c. 131, S.40, there is a requirement that a notice of intent be filed for any activities affecting areas subject to protection under that law. The Town's share of the filing fee is deposited in a Reserve for Appropriation for Wetlands Protection Fund account. Monies in this Fund are available for appropriation by Town Meeting only for the use of the Conservation Commission in carrying out its duties under the Wetlands Protection Act. Examples of appropriate expenditures from the fund would be the cost of engaging consultants and technical assistance for project reviews and issuing and defending regulatory decisions. The balance in the fund at press time was $2,820. ARTICLE 27 ZONING BY-LAW, CRO TO CD 55 HAYDEN AVENUE To see if the Town will vote to amend the Zoning By-Law of the Town of Lexington by changing the zoning district designation of the land described below from the CRO, Regional Office zoning district, to CD, Planned Commercial district, said property being#55 Hayden Avenue, on the northerly side of Route 2, commonly known as the W.R. Grace property, to allow construction of an office building or an addition to an existing office building. The land to be rezoned consists of an approximately 37± acre site now located in a CRO, Regional Office zoning district and bounded northerly by conservation land owned by the Town of Lexington, easterly by land now or formerly of Hayden Office Trust, southerly by Hayden Avenue and westerly by land now or formerly of Ledgemont Research Park Associates, said property being more fully described in metes and bounds by a plan of the land entitled "Proposed 22 Rezoning of Land to the CD, Planned Commercial District, Lexington, MA," dated December 23,1996, by Beals & Thomas, Inc., Two Westborough Business Park, 200 Friberg Parkway, Westborough, MA and by a written metes and bounds description, copies of which accompany this petition and are incorporated herein by reference and are on file with the Board of Selectmen, the Planning Board and the Town Clerk. The preliminary site development and use plan for the CD - Planned Commercial district shall be a plan dated January 10, 1997 filed with the Planning Board and Town Clerk, or as subsequently revised and filed with the Planning Board and Town Clerk, as required by and in accordance with the requirements of the Zoning By-Law; or act in any other manner in relation thereto. (Inserted at the request of the property owner, W. R. Grace & Co.) DESCRIPTION: This petition submitted by W. R. Grace& Co. calls for the rezoning of the approximately 37± acres of land at 55 Hayden Avenue. The land is presently occupied by an office building and a research building and is presently in the CRO, Regional Office zoning district. The proposed rezoning would allow for the construction of an 87,000 square foot addition to the existing office building and the addition of 256 parking spaces. ARTICLE 28 ZONING BY-LAW, RO TO CD 16 HAYDEN AVENUE To see if the Town will vote to amend the Zoning By-Law of the Town of Lexington by changing the zoning district designation of the land described below from the RO, One Family Dwelling District to a CD, Planned Commercial Development District, said property being 16 Hayden Avenue, Lexington, Massachusetts, to allow construction of a general office use building. The land to be rezoned consists of an approximately 2.15± acre site now located in an RO, One Family Dwelling Zoning District and bounded on the North by Hayden Avenue, with commercial buildings on the other side of Hayden Avenue, to the South by Route 2 and to the East by Waltham Street, and the Route 2, Waltham Street interchange, being more fully described in metes and bounds by a plan of the land entitled "Plan of Land in Lexington, MA for Proposed Rezoning", dated December 27, 1996, by Add, Inc., 80 Prospect Street, Cambridge, MA, by a written metes and bounds description, copies of which accompany this petition and are incorporated herein by reference and are on file with the Board of Selectmen, the Planning Board and the Town Clerk. The preliminary site development and use plan for the CD Planned Commercial Development District shall be a plan dated January 10, 1997 filed with the Planning Board and Town Clerk, or as subsequently revised and filed with the Planning Board and Town Clerk, as required by and in accordance with the requirements of the Zoning By-Law; or act in any other manner in relation thereto. (Inserted at the Request of the property owner, 16 Hayden Avenue Realty Trust) 23 DESCRIPTION: This petition submitted by 16 Hayden Avenue Realty Trust calls for the rezoning of approximately 2.15 acres of land at 16 Hayden Avenue. The parcel is triangular in shape and is located between Hayden Avenue and Route 2, next to the Route 2 off-ramp at Waltham Street. The land is presently occupied by a single family dwelling and is located in a RO, One Family Dwelling Zoning District. The proposed rezoning would allow for the construction of an approximately 41,000 square foot general use office building and 128 parking spaces. ARTICLE 29 LAND ACQUISITION SPENCER STREET To see if the Town will vote to acquire by purchase, eminent domain or otherwise the land shown as Lot 2 on a plan entitled"Compiled Subdivision Plan of Land in Lexington, MA. (Middlesex County)" recorded as Plan No. 1324 of 1996 in the Middlesex South Registry of Deeds, said land being located at the end of Spencer Street and being now or formerly of Augusta; and appropriate money therefor and determine whether the money shall be provided by the tax levy or by transfer from available funds; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: $1.00 DESCRIPTION: The Town of Lexington purchased the option to acquire the land which is the subject of this article as part of the Augusta land acquisition authorized under Article 24 of the Warrant for the 1996 Annual Town Meeting. Passage of this article will enable the Town to complete the purchase and clear title on the property. ARTICLE 30 USE OF DRIVEWAY ON GRANDVIEW AVENUE To see if the Town will authorize the Board of Selectmen to grant a permanent easement to The Lebeau Family Trust to continue to use the existing portion of their driveway located at 19 Grandview Avenue that extends onto Lot 14D shown on Assessor's Property Map 51; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) DESCRIPTION: The Town of Lexington owns certain property on Grandview Avenue. The Lebeau Family Trust owns certain property located at 19 Grandview Avenue. A survey revealed that a portion of its driveway extends onto the Town property. As part of the Local Initiative Comprehensive Permit process relating to the building of a home on the Town property, the Town agreed to convey an easement to permit the continued use of the driveway. Town Meeting approval is necessary. 24 GENERAL ARTICLES ARTICLE 31 LEGISLATION/TOWN WIDE REFERENDUM VOTE Shall legislation be requested by the Town of Lexington which would require a town wide referendum vote for the approval of any fiscal year budget, exclusive of line items funded by enterprise funds, which exceeds the prior fiscal year's budget by more than three percent? (Inserted at the request of Stephen J. Tripi and nine or more registered voters) DESCRIPTION: This is a citizen proposal, which will also be voted on in the March town election as a non-binding referendum question. It will require the town (both Municipal and Schools)to live within a defined spending ceiling each year and will require voter approval if the town fails to do so. It is an attempt to monitor and cap the real cost of government at the local level and is an alternative approach to develop budgets with these constraints in mind. This should then prevent adding additional revenue to the levy each year via proposition 2 and 1/2 overrides, which then becomes a permanent additional pool of money to be appropriated and spent each subsequent year regardless of the need. ARTICLE 32 ACCEPT CHAPTER 60, SECTION 3C OF M.G.L. To see if the Town will vote to accept Section 3C of Chapter 60 of the General Laws relating to a Town scholarship fund; or act in any other manner in relation thereto. (Inserted at the request of David G. Williams and nine or more registered voters) DESCRIPTION: Acceptance of this statute would allow for a checkoff on all tax bills (real estate, water/sewer and excise) for a scholarship fund for Lexington students. This fund would be locally controlled and administered. A bill has been introduced in the General Court which would require the State to match all funds raised in this manner. ARTICLE 33 AMEND CHAPTER 521 OF THE ACTS OF 1983 LexHAB To see if the Town Meeting will vote to petition the General Court to amend Chapter 521 of the Acts of 1983, establishing a Nonprofit Housing Corporation for the Town of Lexington, by requiring approval of the Town Meeting, in addition to that of the Board of Selectmen, to acquire from the Town real estate property, or dispose of real property held or rights therein; or act in any other manner in relation thereto. (Inserted at the request of Michael J. O'Sullivan and nine or more registered voters) DESCRIPTION: The intent of this warrant article is to foster wider discussion and decision approval processes relating to projects and disposition of Town owned real estate undertaken by LexHAB. The scope of the additional Town Meeting approval applies only to Town owned property and not to private property that LexHAB and Selectmen may consider. 25 ARTICLE 34 IN LIEU OF TAX PAYMENTS BY LEXHAB Shall the Town vote to request LexHAB (Lexington Housing Assistance Board) make annual payments, in lieu of taxes to help support town services utilized by and provided to its rental units or take any other action thereto. (Inserted at the request of Laurie M. Rice and nine or more registered voters) DESCRIPTION: The Lexington Housing Assistance Board (LexHAB) operates 42 properties which it rents out as affordable housing. LexHAB properties are exempt from taxation and generate no revenue for the town, while utilizing the full complement of town services, i.e., fire, police,public works, public schools, etc... In the face of the ever-increasing cost of maintaining town services, this warrant article requests LexHAB make payments in lieu of taxes to help support the services consumed by its rental units. ARTICLE 35 LAND TRANSFER To see if the Town will vote to transfer the care, custody, management, and control of any part of the following parcels of land to the Conservation Commission for conservation purposes, including oudoor recreation as provided by Section 8C of Chapter 40 of the General Laws, and for general recreation purposes: (a) that portion of Lot 107 on Assessor's Property Map 13 known as Sutherland School Site located at the end of Sutherland Road that was not previously transferred and that was retained under the jurisdiction of the Selectmen pursuant to the vote under Article 24 of the Warrant for the 1995 Annual Town Meeting, and (b) land shown as Lot 139 on Assessor's Property Map 13 located on Tarbell Avenue, which is currently used as an entrance to the land known as Sutherland School Site; or act in any other manner in relation thereto. (Inserted at the request of Lynn Knight and nine or more registered voters) DESCRIPTION: This article authorizes the Conservation Commission to assume stewardship of two contiguous parcels of town-owned land, in their entirety. The first parcel is that portion of what is known as Sutherland Park that was retained under the jurisdiction of the Selectmen and not transferred, as was the rest of the Sutherland site, to conservation pursuant to the vote under Article 24 of the Warrant for the 1995 Annual Town Meeting. The second parcel, which is a town-owned lot with frontage on Tarbell Avenue, lies perpendicular and adjacent to the first. This 60-foot wide lot has been used as a major entrance to Sutherland Park for as long as the park has been used for recreation. Sutherland Park is in constant use as a neighborhood park and is heavily used by Lexington Little League. This article will finally combine and transfer to conservation, all sections of open land that have, for over 40 years, been considered and used as recreation land by Lexington residents, and has been referred to collectively as Sutherland Park. 26 ARTICLE 36 TOWN GOALS RELATING TO HANSCOM DEVELOPMENT To see if the town will vote to adopt a set of goals as filed with the Town Clerk in order to guide the actions of the Board of Selectmen, the Planning Board, and other town officials in dealing with issues relating to the future use and development of Hanscom Field by the Massachusetts Port Authority; or act in any other manner in relation thereto. (Inserted at the request of Florence Koplow and nine or more registered voters) DESCRIPTION: Lexington and other HATS (Hanscom Area Towns) communities of Bedford, Concord and Lincoln are facing complex issues and fast-moving developments at Hanscom Civilian Airport. The citizens submitting this article believe that a set of goals established by the Town will be of value to town officials, state legislators and residents in planning and decision-making regarding Hanscom. ARTICLE 37 PLANNING AND LEGAL SERVICES - HANSCOM To see if the Town will appropriate a sum of money for planning consultants and legal counsel to protect the Town's interest in connection with the future use and development of Hanscom Field; or act in any other manner in relation thereto. (Inserted at the request of Florence Koplow and nine or more registered voters) FUNDS REQUESTED: Unknown at press time. DESCRIPTION: Lexington and other HATS towns (Bedford, Concord and Lincoln) are currently engaged in both the Hanscom GEIR(Generic Environmental Impact Report) process being conducted by Massport and the Hanscom area Four Town Planning Study. This request is being made to make it possible for the Town to appropriate funds, if needed, to be used either by the Lexington Selectmen or by the Hanscom Area Towns Committee (HATS) for planners, consultants, legal counsel or any other expert consultation as needed. ARTICLE 38 HANSCOM AGREEMENTS APPROVAL BY TOWN MEETING To see if the Town will vote to recommend that the Board of Selectmen present for approval by Town Meeting, agreements concerning plans for aviation and non-aviation development or changes relating to L.G. Hanscom Field and surrounding land owned by the Massachusetts Port Authority; determine the process for such approvals; advise the Board of Selectmen and the Planning Board in this matter; or act in any other manner in relation thereto. (Inserted at the request of Andrew Friedlich and nine or more registered voters) DESCRIPTION: This article requests that a mechanism be established to involve Town Meeting with the review, discussion and approval of major issues the Board of Selectmen or HATS representatives are negotiating with Massport as they relate to Hanscom. 27 ARTICLE 39 GUIDELINES FOR FINANCING CAPITAL EXPENDITURES To see if the town will vote to adopt a resolution setting forth suggested guidelines for budgeting and financing capital expenditures; or act in any other manner in relation thereto. (Inserted by the Appropriation Committee) DESCRIPTION: The Board of Selectmen, School Committee, Capital Expenditures Committee, Building Finance Committee, Long Range Planning Committee and the Town's Capital Budget Team have each identified funding levels required to renew, replace, improve, and expand the Town's equipment, buildings, and infrastructure. The Town needs a systematic, long-term approach to budgeting and financing capital expenditures, particularly those capital investments that the tax levy must support. The Appropriation Committee will present budgeting and financing guidelines that reflect: 1. The prior efforts of other elected and appointed boards and committees. 2. The different categories of capital investments. 3. Town and School equipment replacement schedules. 4. Approaches used in other communities. 5. Practical consequences of proposed guidelines. ARTICLE 40 RETIREMENT BOARD MILITARY SERVICE BUY-BACK To see if the Town will vote to approve acceptance by the Lexington Retirement Board of the provisions of Chapter 71 of the Acts of 1996 which provides that members in service and who are veterans, as defined in Section 1 of Chapter 32 of the General Laws, may purchase up to four years of creditable service corresponding to their periods of active service in the armed forces; or act in any other manner in relation thereto. (Inserted by the Retirement Board) DESCRIPTION: If accepted, this Section provides that a member in service of a retirement system who is a veteran who served in the armed forces of the United States and who has completed ten or more years of membership service shall be entitled to credit for active service in the armed services of the United States. Creditable service shall not be construed to include service for more than four years. ARTICLE 41 RETIREMENT BOARD MEMBERS COMPENSATION To see if the Town will vote to approve acceptance by the Lexington Retirement Board of the provisions of Section 53 of Chapter 38 of the Acts of 1995, amending Section 20 of Chapter 32 of the Massachusetts General Laws providing for compensation of Retirement Board members; or act in any other manner in relation thereto. (Inserted by the Retirement Board) 28 DESCRIPTION: If accepted, this Section provides for the payment of a stipend of three thousand dollars per annum to the elected and appointed members of the town retirement board; and further provides that the ex-officio member of the town retirement board shall receive a stipend of not more than three thousand dollars per annum in the aggregate for services rendered in the active administration of the retirement system. ARTICLE 42 MUNICIPALIZATION OF UTILITIES To see if the Town will vote to authorize the Department of Public Works with the approval of the Board of Selectmen to pursue the municipalization of utilities and the creation of a municipal gas and electric company; and to authorize the Board of Selectmen to petition the General Court for an act, if necessary, to clarify the procedures which must be followed by the Town to carry out such action; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) DESCRIPTION: This is the second of two required votes to give the Town the authority to act in the best interests of the citizens in a deregulated energy market. Changing laws in the utility industry is allowing greater competition. Already large industries and consortiums are taking advantage of deregulation and winning price cuts. It is our concern that the small retail customer will ultimately pay for those price cuts and have no leverage to negotiate better rates. However, the Town could municipalize or act on behalf of its citizens as a load aggregator to protect their interests as well as securing lower rates for them. ARTICLE 43 REAL ESTATE TRANSFER TAX To see if the Town will vote to authorize the Board of Selectmen to petition the General Court for an act to establish a real estate transfer tax, the proceeds of which will be applied to the operating expenses of the Town; or act in any other manner in relation thereto. (Inserted at the request of the Long Range Planning Committee) DESCRIPTION: This petition would provide for the establishment of a land transfer tax, similar to those already in existence in Nantucket and Martha's Vineyard, to provide an additional source of funds for municipal programs. Funds would be generated by a tax of up to 1% on real estate transfers in Town. ARTICLE 44 MINUTEMAN TECH AGREEMENT AMENDMENT To see if the Town will vote to reallocate its required share of the Minuteman Regional Vocational Technical School District budget in accordance with the regional agreement as permitted by Section 16B of Chapter 71 of the General Laws, or take any other action relative thereto. (Inserted by the Minuteman School Committee) 29 DESCRIPTION: Approval of this article in every town would promote fairness among member communities --- each paying the exact same cost/pupil for students in the technical high school. Lack of approval would continue the process initiated under educational reform- different towns paying a different cost/pupil for the same education in the same school. The District states that while a town paying less might be tempted to continue the inequity, that action would not represent either dedication to a fair partnership or backing of the conditions of operation approved by voters when the region was formed. In the long run, inequity and win-lose management serve no one's interest. ARTICLE 45 BY-LAW AMENDMENT To see if the Town will vote to amend Section 6 of Article I of the General By-Laws (Non- Criminal Disposition)by making it applicable to the Board of Health Tobacco Control Regulations entitled, "Rules and Regulations Relative to the Restriction of Smoking, Sale, Vending and Distribution of Tobacco and Tobacco Products Within the Town of Lexington", with fine amounts as approved by the Board of Health on November 8, 1994 and as filed in the office of the Town Clerk, or take any other action relative thereto. (Inserted at the request of the Board of Health) DESCRIPTION: This article will enable the Board of Health to enforce its comprehensive tobacco control regulations through the use of non-criminal disposition at the fine amounts designated when the regulations were adopted. The Board is currently limited to the fine amounts set forth in the 1988 By-Law adopting the use of non-criminal disposition or to pursuing the fine amounts it designated through criminal complaint. The fine amounts are considered appropriate for each violation and in the instance of violation for the sale of tobacco products to minors, reflects a consistency with State law. To impose a lower penalty than that mandated by Massachusetts General Laws would be inappropriate. The use of non- criminal disposition would permit the Board of Health to enforce regulations more efficiently without committing large amounts of time to court proceedings and without burdening violators with criminal records. 30 ARTICLE 46 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 Lexington this third of February, A.D., 1997. BOARD F SELECTME I ,, / r . _Meat- /fad / I- - I/me- fEw / CI . eArf- Cis- ---DP 0-i,Qa.(6.6W, ig . aet/4- 7k d _,\ Ac tnrve c o( y, Atte : Constable of Lexin n 31 t !1 " -,r\ TOWN MEETING MEMBERS At Large Margery M. Battin 15 Paul Revere Road Daniel P. Busa, Jr. 6 Farm Road Norman P. Cohen 56 Coolidge Avenue William J. Dailey, Jr. 1 Bushnell Drive Elizabeth B. Eddison 20 Nickerson Road Dan H. Fenn, Jr. 59 Potter Pond Donna M. Hooper4 7 Emerson Gardens Jay R. Kaufman 1 Childs Road Leo P. McSweeney 84 Shade Street Precinct 1 Term Expires 1999 Nancy M. Adler 22 Village Circle James E. Barry 10 Crescent Hill Avenue Mary Bowes 32 Arcola Street Francis V. Busa 42 Lowell Street John E. Curry 33 Sanderson Road Marsha S. Goldberg 49 Sanderson Road Albert P. Zabin 1 Page Road Term Expires 1998 John P. Breen 8 Crescent Hill Avenue Jonathan G. Cole 23 Whipple Road Joseph J. Dini 16 Sanderson Road Nancy C. Gordon 10 Fiske Road Barry E. Sampson 8 Brandon Street Thomas B. Sullivan 9 South Rindge Avenue Term Expires 1997 Joel A. Adler 22 Village Circle Laura L. Boghosian 4 Russell Road Jean W. Cole 23 Whipple Road Charles E. Shaw 219 Lowell Street Judith L. Zabin 1 Page Road *Paul G. Topalian 46 Circle Road *Rae Zuerndorfer 31 Sanderson Road Precinct 2 Term Expires 1999 Robert W. Cunha 10 Stevens Road Leonora K. Feeney 4 Moon Hill Road Paul H. Lapointe 224 Follen Road Daniel A. Lucas 3 Tower Road Rene D. Varrin 30 Dawes Road Christina J. Welch 41 Locust Avenue Carolyn C. Wilson 33 Oak Street 32 Term Expires 1998 Thomas A. Diaz 10 Tower Road Karen A. Dooks 5 Mohawk Drive Timothy P. Enright 231 Worthen Road East Karen Gray 225 Follen Road Myla Kabat-Zinn 58 Oak Street Barry Orenstein 132 Follen Road Term Expires 1997 Marian A. O. Cohen 8 Plymouth Road Heather L. Hartshorn 28 Locust Avenue Marita B. Hartshorn 28 Locust Avenue Katherine Kiefer 55 Pleasant Street Michael J. O'Sullivan 12 Aerial Street Alan B. Wilson 33 Oak Street Donald D. Wilson 36 Fern Street James S. Wilson 43 Locust Avenue Precinct 3 Term Expires 1999 John P. Carroll 29 Allen Street Richard R. Eurich 7 Pitcairn Place Gloria V. Holland 38 Webster Road Eric Jay Michelson 46 Munroe Road Richard L. Neumeier 2 Pitcairn Place Paul J. Rose 748 Waltham Street Francis W. K. Smith 4 Clematis Road Term Expires 1998 Robert N. Cohen 10 Grassland Street Bruce Collier 2 Barberry Road Shirley Rauson Frawley 68 Potter Pond Paul E. Keane 17 Woodcliffe Road Marjorie K. Madoff 27 Normandy Road Marilyn K. Mairson 29 Lawrence Lane Mary E. Neumeier 2 Pitcairn Place Term Expires 1997 Samuel Berman 11 Barberry Road Jacqueline B. Davison 86 Spring Street Carol J. Grodzins 15 Barberry Road Jeanne K. Krieger 44 Webster Road Robert Rotberg 14 Barberry Road John H. Sellars 430 Concord Avenue Caleb Warner 546 Concord Avenue *Isabel L. Jankelson 3 April Lane *David J. Kessler 20 Barberry Road *Douglas M. Lucente 71 Farmcrest Avenue 33 Precinct 4 Term Expires 1999 Donald A. Chisholm 166 Lincoln Street Ronald W. Colwell 127 Kendall Road Peter David Enrich 35 Clarke Street Margaret F. Rawls 9 Winthrop Road Nicholas Santosuosso 2 Washington Street Jeanette P. Webb 22 Fair Oaks Terrace Martin K. White 50 Bloomfield Street Term Expires 1998 Nyles Nathan Barnert 142 Worthen Road Nancy M. Cannalonga 120 Kendall Road John L. Davies 18 Prospect Hill Road Sandra J. Shaw 51 Wachusett Drive Ruth S. Thomas 10 Parker Street Judith J. Uhrig 15 Vine Brook Road Term Expires 1997 Nicholas A. Cannalonga 120 Kendall Road David J. Harris 5A Eliot Road Carol B. Hartman 16 Bloomfield Street Peter C. J. Kelley 24 Forest Street Frederick L. Merrill, Jr. 22 Downing Road Barrie Peltz 8 Jackson Court Michael Wagner 44 Prospect Hill Road *Scott F. Burson 58 Sherburne Road South *Stephen E. Coit 32 Vine Brook Road *Kenneth A. Reich 23 Lincoln Street *Howard K. Shafer 20 Outlook Drive Precinct 5 Term Expires 1999 Wallace Cupp 141 Woburn Street Elaine Dratch 2 Maureen Road Joseph F. Gilbert, Jr. 231 Woburn Street John Hayward 358 Woburn Street Samuel L. Powers 7 Dunham Street Ephraim Weiss 462 Lowell Street David G. Williams 1433 Massachusetts Avenue 34 Term Expires 1998 Howard Cravis 6 Rogers Road Irene M. Dondley 22 Leonard Road Andrew J. Friedlich 22 Young Street Paul E. Hamburger 18 Cooke Road Sally S. Huebscher 52 Solomon Pierce Road Carol A. Liff 19 Douglas Road Charles T. Vail 66 Woburn Street Term Expires 1997 Marsha F. Byrnes 3 Blodgett Road Ira W. Crowe 47 Grant Street Margaret C. Nichols 4 Rumford Road Sam Silverman 18 Ingleside Road Melinda D. Vinton 11 Leonard Road Mary Kathryn Wolf 116 East Emerson Road *Douglas C. Boyer 19 Peachtree Road *James M. Shaw 20 Vine Street Precinct 6 Term Expires 1999 Marshall J. Derby 23 Suzanne Road Peter Diamond 15 Franklin Road David L. Kaufman 152 Burlington Street Richard Pagett 10 Oakmount Circle Anne A. Ripley 83 Hancock Street John S. Willson 16 Hathaway Road Term Expires 1998 Michael R. Barry 159 Burlington Street Suzanne E. Barry 159 Burlington Street Florence A. Baturin 11 Alcott Road Priscilla Diamond 15 Franklin Road Alan J. Lazarus 22 Woodland Road Dennis M. O'Connor, Jr. 16 Seaborn Place Term Expires 1997 Cynthia L. Blumsack 15 Holmes Road Marjorie M. Daggett 9 Burroughs Road Edmund C. Grant 27 Grove Street Jane Pagett 10 Oakmount Circle Edith Sandy 353 North Emerson Road Frank Sandy 353 North Emerson Road Sheldon A. Spector 26 Suzanne Road *David E. Burns 534 Lowell Street *Bebe Fallick 4 Diehl Road *Ronald B. Pawliczek 25 Flintlock Road *William B. Simmons 82 North Street 35 Precinct 7 Term Expires 1999 Catherine M. D. Abbott 38 Eldred Street Robert M. Farias 21 Eldred Street Audrey J. Friend 84 Fifer Lane Jonathan S. Lederman 15 Drummer Boy Way John E. Taylor 11 Linmoor Terrace James C. Wood, Jr. 51 Gleason Road Martha C. Wood 51 Gleason Road Term Expires 1998 George A. Burnell 4 Eaton Road Clark A. Cowen 104 Fifer Lane Gordon M. Hardy 52 North Hancock Street David G. Miller 23 Fifer Lane Joyce A. Miller 23 Fifer Lane Term Expires 1997 Marsha E. Baker 46 Burlington Street Neal E. Boyle, Jr. 23 Pine Knoll Road Robert G. Coyne 2 Heritage Drive Alan Garber 7 Linmoor Terrace Fred H. Martin 29 Dewey Road *Steven L. Colman 52 Gleason Road *David G. Kanter 48 Fifer Lane *Mary W. Miley 29 Robinson Road *Alan A. Wrigley 205 Grove Street Precinct 8 Term Expires 1999 Roger F. Borghesani 24 Hastings Road Florence E. Connor 12 Cedar Street John T. Cunha 11 Homestead Street Ione D. Garing 157 Cedar Street Charles Hornig 75 Reed Street Richard A. Michelson 54 Asbury Street Margaret Bradley Schwartz 48 Bellflower Street Term Expires 1998 Elizabeth J. Bryant 18 Liberty Avenue Anne E. Frymer 64 Asbury Street Diana T. Garcia 3 Gerard Terrace Alan Mayer Levine 54 Reed Street H. Bigelow Moore 50 Hancock Street James A. Osten 8 Revere Street Robert V. Whitman 5 Hancock Avenue 36 Term Expires 1997 Richard H. Battin 15 Paul Revere Road Steven J. Hurley 70 Reed Street Donald Jenkins, Jr. 19 Childs Road Paul W. Jenkins 19 Childs Road Morton G. Kahan 44 Hancock Street Carolyn H. Tiffany 109 Reed Street *Elizabeth C. Whitman 5 Hancock Avenue Precinct 9 Term Expires 1999 Alice J. Adler 10 Nickerson Road Michelle L. Ciccolo 215 Wood Street Louise v. T. Kava 60 Shade Street Janice A. Kennedy 135 Wood Street Isabel H. Mroczkowski 4 Frances Road Richard Schaye 7 Jean Road Michael E. Schroeder 2 Welch Road Term Expires 1998 Anthony B. Close 174 Wood Street Margaret E. Coppe 12 Barrymeade Drive Thomas 0. Fenn 16 Middle Street Frank J. Kava 60 Shade Street Henry Norman Manz 14 Ellison Road Richard M. Perry 16 Ellison Road Term Expires 1997 Richard L. Canale 29 Shade Street Susan R. Cusack 58 Middle Street Susan A. Elberger 10 Ellison Road Paul E. Mazerall 32 Roosevelt Road Dawn E. McKenna 2564 Massachusetts Avenue Janet M. Perry 16 Ellison Road Loretta A. Porter 2318 Massachusetts Avenue Fred D. Rosenberg 76 Wood Street *New Candidates 37 2 3 4 _ ____,,..., in \ -----,--------__ 1 N 74 -J, ,„. e„, ....;:-----------__ I ,,, , l lb% ---- 1 111 ,•-\'' i ,,,,, (EASTBROOK SCIDOL) /IT ;A , ''''') ifriCILIIIIIIIrM' 5%'d' .l'A• _,/''''' '::)".••••.....* /1._ . 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(g2 • F 407 X 39 CALENDAR OF EVENTS Monday, March 3, 1997 Town Elections Polls Open- 7:00 a.m.-8:00 p.m. Sunday, March 9 - 1:00 p.m. TMMA-Bus Tour Start In Front of Cary Hall Tuesday, March 11 - 7:30 p.m. Moderator's Workshop for New Town Selectmen's Meeting Room Meeting Members Wednesday, March 12 - 7:30 p.m. TMMA Information Meeting Clarke Middle School Auditorium Thursday, March 13 - 7:30 p.m. TMMA Information Meeting Clarke Middle School Auditorium Wednesday, March 19 - 7:30 p.m. TMMA Information Meeting Clarke Middle School Auditorium Thursday, March 20 - 7:30 p.m. Moderator's Meeting with Selectmen's Meeting Room Article Sponsors Monday, March 24 - 8:00 p.m. Town Meeting begins(No Town Meeting School Vacation Week, April 21-25) Note: An FM system is available in Cary Hall for people with hearing difficulties. During Town Meeting, interpreters for the deaf or hard of hearing are available on request to Human Services Coordinator Steve Baran at 861-2742. 40 ELECTION INFORMATION Local Election - Monday, March 3, 1997 Polling Hours- 7 a.m. to 8 p.m. Polling Locations Precinct 1 Harrington School, Maple and Lowell Streets Precinct 2 Bowman School, Philip Road Precinct 3 Jonas Clarke Middle School, Stedman Road (off Wa:tharn Street via Brookside Avenue) Precinct 4 Lexington Senior High School, Waltham Street at-Worthen Road Precinct 5 Cary Memorial Building, Massachusetts Avenue between Town Office Building and Police Department Precinct 6 Diamond Middle School, enter off Hancock Street at Burlington Street traffic circle Precinct 7 Estabrook School, Grove Street near Route 128 Precinct 8 Fire Headquarters Building, Bedford Street at Worthen Road Precinct 9 Maria Hastings School, Crosby Road (off Massachusetts Avenue near Route 128) For further information, call the Town Clerk's Office 861-2770. Town of Lexington Bulk Mailing Lexington, MA 02173 U.S.Postage PAID Permit 3011 Boston,MA WS CAR SORT Residential Customer Local 02173