Loading...
HomeMy WebLinkAbout1988-03-07-TE-Warrant-and-1988-03-28-ATM-Warrant 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 seventh day of March, A.D. , 1988 at 7:00 o'clock A.M. , then and there to act on the following articles: •ARTICLE 1 ELECTION To choose by ballot the following Officers: One Selectman for the term of three years; One Moderator for the term of one year; Two members of the School Committee for the term of three years; Two members of the Planning Board, one for the term of five years and one for the term of one year; Eight Town Meeting Members in Precinct One, the seven receiving the highest number of votes to serve for the term of three years; the one receiving the next highest number of votes to fill an unexpired term ending March, 1989; Nine Town Meeting Members in Precinct Two, the seven receiving the highest number of votes to serve for the term of three years; the two receiving the next highest number of votes to fill unexpired terms ending March, 1989; Eight Town Meeting Members in Precinct Three, the seven receiving the highest number of votes to serve for the term of three years; the one receiving the next highest number of votes to fill an unexpired term ending March, 1990; Eight Town Meeting Members in Precinct Four, the seven receiving the highest number of votes to serve for the term of three years; the one receiving the next highest number of votes to fill an unexpired term ending March, 1990; 9 Nine Town Meeting Members in Precinct Five, the seven receiving the highest number of votes to serve for the term of three years; the two receiving the next highest number of votes to fill unexpired terms ending March, 1989; Nine Town Meeting Members in Precinct Six, the seven receiving the highest number of votes to serve for the term of three years; the one receiving the next highest number of votes to fill an unexpired term ending March, 1990 and the one receiving the next highest number of votes to fill an unexpired term ending March, 1989; Seven Town Meeting Members in Precinct Seven for the term of three years; Nine Town Meeting Members in Precinct Eight, the seven receiving the highest number of votes to serve for the term of three years; the two receiving the next highest number of votes to fill unexpired terms ending March, 1989; Seven Town Meeting Members in Precinct Nine for the term of three years; To vote YES or NO by ballot on the following non-binding question: QUESTION: Shall it be the policy of the United States to enter into a bilateral, verifiable, comprehensive ban on the testing of nuclear weapons and that our town request: (1) our Senators and Representative to vote for a test ban, and (2) our President to negotiate a comprehensive test ban with the Soviet Union immediately? 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-eighth 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. 10 •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) DESCRIPTION: This article requests funds for the Fiscal Year 1989 (July 1, 1988 - June 30, 1989) operating budget. The operating budget includes the school and municipal budgets; water and sewer operations, however, are carried in separate articles. The municipal budget also includes certain costs that belong to the schools. These are primarily the costs of Blue Cross/Blue Shield and other insurance for school employees, debt service requirements and pension costs for school employees other than professional staff. The following chart lists by account number FY 86 and FY 87 expenditures, FY 88 appropriations and FY 89 Selectmen/Town Manager recommendations. 11 SELECTMEN/MANAGER EXPENDED EXPENDED APPROPRIATED REQUESTED ACCOUNT NAME FISCAL 86 FISCAL 87 FISCAL 88 FISCAL 89 GENERAL GOVERNMENT Selectmen Personal Services 34,369 38,573 41,210 41,054 Selectmen Expenses 7,497 8,157 9,850 10,850 Total 41,866 46,730 51,060 51,904 Town Manager Personal Services 150,257 173,314 173,955 178,241 Town Manager Expenses 14,756 13,954 10,450 11,000 Total 165,013 187,268 184,405 189,241 Temporary Help & Overtime 34,659 29,211 35,000 35,000 m Clerical Pool 14,123 15,669 18,519 17,434 Office Furniture & Fixtures 2,955 2,481 4,000 4,000 Fire & Police Medical 23,017 30,556 35,000 35,000 Out of State Travel 3,756 4,891 5,000 5,000 General Professional Services 59,224 62,591 75,000 75,000 Director of Guides 1,000 1,000 1,500 1,500 Tuition & Training 10,604 11,342 12,500 12,500 Instate Travel 11,733 8,805 12,000 12,000 Total 161,071 166,546 198,519 197,434 Safety Program 172 214 500 500 Total 172 214 500 500 Printing Town Report 5,181 5,216 6,000 6,250 Total 5,181 5,216 6,000 6,250 Town Clerk Personal Services 75,884 75,968 80,543 80,229 Town Clerk Expenses 952 1,147 2,080 2,285 Total 76,836 77,115 82,623 82,514 Board of Appeal Personal Services 19,180 19,734 20,104 20,028 Board of Appeals Expenses 2,196 3,011 2,850 1,300 Total 21,376 22,745 22,954 21,328 Planning Board Personal Services 72,012 80,300 85,381 85,058 Planning Board Expenses 4,707 7,475 6,340 6,600 Total 76,719 87,775 91,721 91,658 Insurance 2,136,841 2,312,078 2,492,200 2,725,787 Total 2,136,841 2,312,078 2,492,200 2,725,787 W SUBTOTAL, GENERAL GOVERNMENT 2,685,075 2,905,687 3,129 ,982 3,366,616 ELECTIONS Elections/Selectmen10,428 20,433 19,900 25,600 Elections/Town Clerk 5,960 17,108 18,867 26,620 Total 16,388 37,541 38,767 52,220 Board of Registrars Personal Services 6,382 7,780 1 ,600 1,558 Board of Registrars 13,153 14,464 31,150 33,685 Total 19,535 22,244 32,750 35,243 SUBTOTAL, ELECTIONS 35,923 59,785 71,517 87,463 SELECTMEN/MANAGER EXPENDED EXPENDED APPROPRIATED REQUESTED ACCOUNT NAME FISCAL 86 FISCAL 87 FISCAL 88 FISCAL 89 TOWN COMMITTEES Appropriation Committee 727 598 950 950 Historic Districts Commission 1,196 1,973 2,400 2,800 Celebrations Committee 6,857 9,154 10,000 10,000 Miscellaneous Boards & Committees 2,842 3,678 5,000 7,400 Conservation Commission Pers. Svcs. 33,036 44,080 50,872 50,980 Conservation Commission Expenses 5,650 7,807 10,200 10,330 SUBTOTAL, TOWN COMMITTEES 50,308 67,290 79,422 82,460 r FINANCIAL OPERATIONS Finance Personal Services 353,108 353,572 378,325 363,480 Finance Expenses 103,131 154,861 175,525 167,250 SUBTOTAL, FINANCIAL OPERATIONS 456,239 508,433 553,850 530,730 LAW Legal Fees 136,000 146,714 115,000 115,000 Legal Expenses 21,814 22,716 26,000 31,640 SUBTOTAL, LAW 157,814 169,430 141 ,000 146,640 BOARD OF RETIREMENT Retirement Expenses 5,995 4,940 4,840 4,550 Contributory Pension Fund 1,496,889 1,600,000 1 ,814,047 1 ,997,263 Non-Contributory Pension 194,252 188,922 221,500 200,000 Pension Funding 300,000 300,000 300,000 291,000 SUBTOTAL, BOARD OF RETIREMENT 1 ,997,136 2,093,862 2,340,387 2,492,813 RECREATION Recreation Personal Services 131 ,513 133,044 164,084 184,592 Recreation Expenses 17,645 17,012 24,175 25,625 SUBTOTAL, RECREATION 149, 158 150,056 188,259 210,217 r PROTECTION OF PERSONS & PROPERTY U' -- Police Collective Bargaining 1 ,344,253 1,439,279 1,541 ,220 1 ,527,627 Police Personal Services 494,385 530,971 574,290 576,172 Police Dept Expenses 219,500 230,473 235,372 242,783 Parking Meter Maintenance 454 3,640 3,700 3,848 Total 2,058,592 2,204,363 2,354,582 2,350,430 Fire Collective Bargaining 1 ,562,599 1 ,617,712 1,663,537 1,780,440 Fire Personal Services 166,526 179,378 188,220 194,032 Fire Department Expenses 171,956 145,388 155,715 166,940 Total 1,901 ,081 1 ,942,478 2,007,472 2,141 ,412 Inspection Personal Services 107,415 109,701 128,566 132,572 Inspection Dept. Expenses 3,478 3,790 3,950 4,044 Total 110,893 113,491 132,516 136,616 SELECTMEN/MANAGER EXPENDED EXPENDED APPROPRIATED REQUESTED ACCOUNT NAME FISCAL 86 FISCAL 87 FISCAL 88 FISCAL 89 Local Disaster Personal Services 0 0 200 200 Local Disaster Services Expenses 500 490 500 500 Total 500 490 700 700 SUBTOTAL, PROTECTION OF PERSONS/PROPERTY 4,071 ,066 4,260,822 4,495,270 4,629,158 HEALTH Animal Control Personal Services 18,264 20,102 20,850 20,184 Animal Control Expenses 3,425 3,098 8,155 8,280 r m Total 21,689 23,200 29,005 28,464 Health Personal Services 76,398 73,102 85,311 86,951 Health Expenses 17,446 16,927 21,250 22,100 Visiting Nurse & Community Health 2,842 3,824 8,100 8,400 Rabies Clinic 1,253 888 3,325 3,425 Total 97,939 94,741 117,986 120,876 SUBTOTAL, HEALTH 119,628 117,941 146,991 149,340 HUMAN SERVICES Council on Aging Personal Services 42,822 49,127 56,450 57 ,230 Council on Aging Expenses 37,199 52,968 50,300 53,986 Total 80,021 102,095 106,750 111,216 Mystic Valley Mental Health 15,000 15,750 15,000 0 Total 15,000 15,750 15,000 0 Community Services 68,138 71,067 94,550 113,932 Total 68,138 71,067 94,550 113,932 Veterans Personal Services 10,588 14,953 15,846 15,786 Veterans Administration 201 269 325 391 Veterans Aid & Expenses 11 ,470 11,820 15,104 15,709 Graves Registration 0 0 200 200 Soldiers Burial 0 0 500 500 Total 22,259 27,042 31,975 32,586 SUBTOTAL, HUMAN SERVICES 185,418 215,954 248,275 257,734 r LIBRARY Library Personal Services 625,044 683,205 743,191 750,664 Library Expenses 188,925 195,675 207,750 217,150 SUBTOTAL, LIBRARY 813,969 878,880 950,941 967,814 DEBT PAYMENT Maturing Debt 485,000 260,000 1,110,000 925,000 Interest on Debt 52,488 22,283 837,142 769,364 Tax & Bond Anticipation Loans 41,875 498,027 10,000 28,000 SUBTOTAL, DEBT 579,363 780,310 1,957 ,142 1,722,364 SELECTMEN/MANAGER EXPENDED EXPENDED APPROPRIATED REQUESTED ACCOUNT NAME FISCAL 86 FISCAL 87 FISCAL 88 FISCAL 89 PUBLIC WORKS & ENGINEERING DPW Personal Services 1,808,640 1,976,830 2,046,466 2,042,683 DPW Expense 1 ,881,947 2,550,597 2,936,105 3,252,344 SUBTOTAL, PUBLIC WORKS & ENGINEERING 3,690,587 4,527,427 4,982,571 5,295,027 TOTAL GENERAL OPERATING EXPENSES 14,991,684 16,735,877 19,285,607 19,938,376 H. W •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: $480,000 DESCRIPTION: This article requests funds for salary adjustments for all Town employees including water and sewer workers. At press time no contracts for FY 89 with the public employee unions (police, fire, public works) have been settled. •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: $1,797,111 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. •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: $1,811,887 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. 19 •ARTICLE 8 SUPPLEMENTARY APPROPRIATIONS FOR CURRENT FISCAL YEAR (FY88) 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 1987 Annual Town Meeting, to be used during the current fiscal year and 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: Not determined at press time. DESCRIPTION: This is an annual article to request additional funding for current fiscal year (FY 88) expenditures. It is anticipated that the school department will seek funds for certain extraordinary expenses that were unforeseen when the current fiscal year budget was voted. •ARTICLE 9 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: None 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. •ARTICLE 10 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, 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 at press time. DESCRIPTION: This is an annual article to request funds for capital improvement project expenditures which exceed the level of appropriation. 20 •ARTICLE 11 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, including the Reserve Fund-Overlay Surplus, 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 feels a requested transfer is either extraordinary or unforseen thereby saving the delay and expense of a Special Town Meeting. •ARTICLE 12 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, 1988, 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 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 13 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: $100,000 DESCRIPTION: This article requests funding for the Unemployment Compensation Revolving Fund. 21 •ARTICLE 14 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, 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 at the request of the Conservation Commission) FUNDS REQUESTED: $15,000 DESCRIPTION: This fund is used to purchase small parcels and to pay for appraisals, title searches, legal fees and other costs incidental to land acquisition. •ARTICLE 15 STABILIZATION FUND To see if the Town will appropriate a sum of money to the 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: Amount undetermined at this time. DESCRIPTION: Money may be appropriated into the Stabilization Fund, invested and interest added to it to become part of the fund. These funds may later be appropriated by a two-thirds vote for any purpose for which the town would be authorized to borrow money (by bonding) under Sections 7 and 8 of Chapter 44 of the General Laws. Public Works •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) 22 FUNDS REQUESTED: $220,000 DESCRIPTION: This article provides funds to continue the ten-year program of relining or replacing pipes to improve water quality. •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 the 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, 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 at press time. DESCRIPTION: This article is for drainage improvements from the master plan. A project to improve drainage on Adams Street has been identified with an estimated cost of $140,000. At press time this amount was not included in the proposed FY 89 budget. •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, 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: A request has been received to extend an existing sidewalk on Marrett Road 331 feet to the entrance of the Museum of our National Heritage. Estimated cost is $8,500. At press time this amount was not included in the budget. 23 •ARTICLE 19 SANITARY SEWERS To see if the Town will vote to install sewer mains and sewerage systems in such accepted or unaccepted streets or other land as the Selectmen may determine, subject to the assessment of betterments or otherwise, in accordance with Chapter 504 of the Acts of 1897, and acts in addition thereto and 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: None at press time DESCRIPTION: This article is for sewer construction and system improve- ments. Although no projects are included in the budget for FY89, a resident has petitioned for extension of a sewer line to serve his residence on Chandler Street where sewer is not presently available. •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, and 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: $270,000 DESCRIPTION: This article requests funds for new replacement road equipment. Currently the Town's inventory of equipment is valued at over $3.0 million. •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) 24 FUNDS REQUESTED: $700,000 DESCRIPTION: This article authorizes the Town to use its funds in conjunction with state funds for improving and upgrading streets within the Town. •ARTICLE 22 STREET ACCEPTANCE AND CONSTRUCTION To see if the Town will vote to establish as a town way and accept the layout 2 of as a town way Philip Road a distance of 1500 feet, more or less, from Rockville Avenue to Worthen Road East, as laid out by the Selectmen, as shown upon plans on file in the office of the Town Clerk, dated December 21, 1987, 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 street 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 at press time. DESCRIPTION: Philip Road is an unaccepted street that requires approximately $80,000 in repairs to bring it to Town standard for acceptance. This amount has not been included in the FY 89 budget. •ARTICLE 23 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 DESCRIPTION: This article requests funds to continue the program of parking improvements 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. 25 •ARTICLE 24 WESTVIEW CEMETERY DEVELOPMENT To see if the Town will appropriate a sum of money for the development of Westview Cemetery, and determine whether the money shall be provided by the tax levy or by transfer from available funds, including the Westview Sale of Lots 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: $60,000 DESCRIPTION: Funds requested in this article will be used in conjuction with the balance available from Article 50 of the 1984 Annual Town Meeting to construct a 1000' storm drain along the main frontage at Westview Cemetery. Total project cost is estimated at $75,000. •ARTICLE 25 EXHAUST SYSTEM - 201 BEDFORD STREET To see if the Town will appropriate a sum of money to purchase and install exhaust fan systems at the Public Works building; 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: $50,000 DESCRIPTION: This article requests funds to improve the ventilation in mechanic's work area to prevent build-up of fumes from welding operations and vehicle exhaust; and to improve the exhaust of air in the paint shop. Improvements for heating conservation will be incorporated into the system. Other Financial •ARTICLE 26 FIRE STATION REROOFING To see if the Town will appropriate a sum of money to reconstruct and make extraordinary repairs to the roofs of the fire stations; 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: $60,000 DESCRIPTION: This article requests funds to repair the rear roof of the Fire Headquarters Station on Bedford Street, and repair the gutters and roof of the East Lexington Fire Station. 26 'ARTICLE 27 FIRE TRUCK REHABILITATION To see if the Town will appropriate a sum of money to rehabilitate Fire Engine #2; 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: $35,000 DESCRIPTION: Funds are requested for bodywork to the 1973 Mack pumper to replace rusting areas and for improvements to brakes and warning lights. •ARTICLE 28 TENNIS COURT RESURFACING To see if the Town will appropriate a sum of money to reconstruct and rehabilitate the Center Playground tennis courts 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, 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: $90,000 DESCRIPTION: Funds are being requested to reconstruct six courts (courts 1, 2, 7, 8, 9 and 10) and resurface all ten tennis courts at the Center Playfield. The six courts will be reconstructed using the "petromat" system. Existing cracks and holes will be cleaned and sealed; and tennis hardware will be removed, replaced and reset to establish new elevation. The "petromat" pavement reinforcing fabric will be laid over existing court surface, followed by a 1 1/2" layer of bituminous concrete. Following this process all ten courts will receive three coats of color surfacing and be relined. •ARTICLE 29 PROPERTY VALUATION UPDATE To see if the Town will appropriate a sum of money to revalue real and personal property in the Town; 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: $92,000 DESCRIPTION: Funds requested in this article will be used for several aspects of property valuation to ensure that the Town complies with the state's triennial revaluation requirements. This may include contracting for field inspection and specialized consulting services. The Board of Assessors is also considering commercial valuation computer software to supplement the residential mass appraisal program now in use. 27 III •ARTICLE 30 CARY LIBRARY BUILDING RENOVATIONS To see if the Town will appropriate a sum of money to remodel, reconstruct and make extraordinary repairs to Cary Memorial Library and for additional library equipment; 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: Funds are requested under this article for renovations to the main library, including HVAC improvements, roof repairs, additional shelving and modifications to the fire alarm system. •ARTICLE 31 LEXPRESS MINI-BUS TRANSPORTATION SYSTEM To see if the Town will appropriate a sum of money to fund a local transporta- tion system; authorize the Selectmen to apply for, accept and expend funds from the MBTA in connection therewith and to contract with a private transit company to provide transportation services; 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 at the request of the Transportation Advisory Committee) FUNDS REQUESTED: $237,000 DESCRIPTION: This article requests funds for the continuing operation of LEXPRESS. The amount requested is based on the third year of a three-year contract with the bus operator. •ARTICLE 32 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) FUNDS REQUESTED: $30,000 DESCRIPTION: This is a request for 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. Lexington's pioneer project in 1982 has been repeated annually and become the model for other communities. 28 •ARTICLE 33 PARKING STUDY - LEXINGTON CENTER To see if the Town will appropriate a sum of money for engineering services for a parking study in Lexington Center; 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: $20,000 DESCRIPTION: This article provides funds for an analysis of parking availability, characteristics, existing and future demand and deficien- cies. This will be the basis for further recommendations and cost estimates for parking improvements in Lexington Center. •ARTICLE 34 DESIGN PLAN - LEXINGTON CENTER To see if the Town will appropriate a sum of money for professional services to provide design guidelines for the enhancement of Lexington Center; 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: $18,000 DESCRIPTION: The Selectmen's Design Advisory Committee has suggested that a comprehensive design plan be developed for Lexington Center. The work plan for a consultant is proposed to include an inventory and analysis of the existing framework of the Center to formulate an image for the Center, and development of a design package. •ARTICLE 35 TRAFFIC SIGNALS To see if the Town will appropriate a sum of money for the design and installation of pedestrian signals on Waltham Street at Brookside Avenue; 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 by Joan H. Cordell and nine or more registered voters) AMOUNT REQUESTED: Not specified by proponent; estimated cost $75,000 29 Conservation •ARTICLE 36 PINE MEADOWS GOLF COURSE To see if the Town will appropriate a sum of money, in addition to that appropriated under Article 51 of the warrant for the 1985 Annual Town Meeting, to purchase or otherwise acquire the land now or formerly of Pine Meadow Country Club, Inc. ; determine whether the money shall be provided in 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: Not determined at press time. DESCRIPTION: This article provides an opportunity for the Town to determine whether it wishes to exercise rights it may have under certain provisions of the General Laws to purchase this property. The stock of its owner corporation was recently sold for over $8 million. •ARTICLE 37 CONSERVATION PURCHASE - LOWER VINE BROOK To see if the Town will authorize the Conservation Commission to purchase or otherwise acquire, and will authorize the Selectmen to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, as amended, any fee, easement, or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws, or other interest in all or any part of land shown as lot 155A on Assessors' Property Map 47, now or formerly of J. G. Enterprises, Inc. ; and appropriate money therefor and 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 at the request of the Conservation Commission) FUNDS REQUESTED: Amount undetermined at press time. DESCRIPTION: This article requests funds for the purchase of a portion of this 6-acre lot adjacent to Lower Vine Brook conservation area. Important features include an oak hillside, old field, and red maple swamp. (See map.) 30 ZONING •ARTICLE 38 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 fea- tures of which deal with: 1) changes in the definitions of Development Regulations, Family, Lot Frontage, Half Story, Street, Structure, Temporary Structure, Temporary Use, Developable Site Area, 2) application procedures and information needed for a variance, an appeal or a special permit, 3) a cross-reference to the traffic study required with some applications, 4) the relationship between space used for commercial and residential purposes in a mixed-use building, 5) in Table 1, Permitted Uses and Development Standards, the lines dealing with the setback required for temporary struc- tures and that all employees in a home occupation shall be residents, 6) the distance between the intersections of newly constructed streets , 7) the requirement that there be not more than one dwelling on a lot, 8) marking for loading bays , 9) the description of intersections affected by a pro- posed development, 10) requiring that an applicant propose measures to reduce traffic impacts in certain developments , and 11) allowing for traf- fic control measures other than traffic engineering construction; or act in any other manner in relation thereto. (inserted at the request of the Planning Board) 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 into one section, and 5) update obsolete provi- sions and references. •ARTICLE 39 ZONING BY-LAW, ADJUSTMENTS VARIOUS SECTIONS To see if the town will vote to amend the Zoning By-law by making changes in various sections, as set forth in a document entitled Zoning By-law, Techni- cal Adjustments, Various Sections, 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 new definition of commercial vehicle and the parking of commercial vehicles in residential districts , 2) the method of calculating the permitted density of development in planned residential developments, 3) the standards , procedures and criteria to be used by the Planning Board in approving cluster subdivisions and 4) the method of calculating "net floor area" which principally affects the per- mitted intensity of commercial development; or act in any other manner in relation thereto. (Inserted at the request of the Planning Board) 31 DESCRIPTION: These amendments , which are lengthy, are refinements to provisions already in the Zoning By-law. They are differentiated from the Technical Corrections amendment (see Article 38) because they may have some substantive provisions that would affect the meaning of the Zoning By-law. The amendment dealing with commercial vehicles in residential districts is to correct the situation which results from a number of amendments made from the floor of the 1987 Town Meeting which left the town with fewer restrictions on the parking of commercial vehicles in residential districts than previously existed. •ARTICLE 40 ZONING BY-LAW, NONCONFORMING SITUATIONS To see if the town will vote to amend the Zoning By-law to repeal the exist- ing Section 6 Nonconformity and to insert in place thereof a wholly new Section 6 Nonconforming Situations as set forth in a document entitled Zoning By-law, Nonconforming Situations , 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) objectives for dealing with nonconformity, 2) definition of terms dealing with nonconformity, 3) discontinuance or abandonment of nonconforming situations, 4) nonconforming uses, 5) nonconforming buildings, 6) nonconforming lots, 7) the repair and reconstruction of nonconforming situations, 8) other nonconforming situations and 9) registration of nonconforming situations; or act in any other manner in relation thereto. (Inserted at the request of the Planning Board) DESCRIPTION: A "nonconforming" situation is a building , a use of land, a sign, a lot, parking spaces etc. which does not comply with the current provisions of the Zoning By-law but was lawful at the time the Zoning By-law was first adopted or before subsequent amendments to it were approved . Section 6 contains the "grandfather" provisions of the Zoning By-law. The Planning Board proposes a complete revision (which is lengthy) and updating of this section which is one of the oldest in the Zoning By-law. •ARTICLE 41 ZONING BY-LAW, ACCESSORY APARTMENTS To see if the town will vote to amend the Zoning By-law, in Section 5.2 Accessory Apartments: A. in subparagraph 5.2.2 a. 5, which deals with the minimum floor area re- quired in a dwelling in order to qualify for an accessory apartment, by striking out the number "2,500" square feet and by inserting in place thereof "2,000" square feet. B. in subparagraph 5.2.2 a. 6, which deals with the maximum percentage of the floor area in a dwelling that can be occupied by an accessory apartment by striking out the number "30" percent and by inserting in place thereof the number "35" percent; 32 by adding the words " , but not more than 1,000 square feet, whichever is less." after the words "floor area" in the second line; by moving the words: " , excluding areas in the structure used for parking ," from the second line to appear after the words "of the accessory apartment" in the first line; and by deleting the words: "of the dwelling as of January 1, 1983" from the last line; so that the sentence, as amended, will read: "The maximum gross floor area of the accessory apartment, excluding areas in the structure used for parking, shall not exceed 35 percent of the gross floor area, but not more than 1,000 square feet, whichever is less." C. in subparagraph 5.2.2 a. 5 which deals with the date on which a dwelling had to be in existence and the minimum gross floor area required to qualify for an accessory apartment, by striking out the existing wording and by in- serting in place thereof: "5. The gross floor area of the dwelling, excluding floor area in the dwelling used for off-street parking, as of January 1, 1983, was at least 2,000 square feet. The amount of the gross floor area, excluding floor area in the dwelling used for off-street parking, shall be verified in the records of the Building/Inspection department, or in the Board of Assessors, or in such documentation as the building commissioner may accept. In the case of an existing dwelling, which does not have 2,000 square feet , excluding floor area in the dwelling used for off-street parking, and is on a lot the area of which is at least 15,500 square feet in an RS district and at least 30,000 square feet in an RO district, an addition may be made to such dwelling so that it will qualify for an accessory apartment provided that the dwelling will meet the conditions and requirements of this section. In the case of a newly constructed dwelling, which is not in a planned resi- dential development (see Section 9) , the Board of Appeals may issue a special permit allowing the construction of an accessory apartment provided the lot on which it is located has an area of at least 18,000 square feet if located in an RS district and at least 33,000 square feet if located in an RO district and if the Board of Appeals determines that the proposed construction complies with all the conditions and requirements set forth in this section." and in subparagraph 3.2.2 b, by striking out subparagraph 2 in its entirety and by renumbering the existing subparagraphs 3 and 4 to be 2 and 3 respec- tively. D. in subparagraph 5.2.2 a, by adding a new subparagraph 9, as follows: "9. There shall be usable open space, as defined in subparagraph 9.3.7 , for the recreation and leisure time use of the occupants of the dwelling , on the lot equal to or greater than the gross floor area of the dwelling." E. by adding a new subsection 5.2.7, as follows: "5.2.7 ACCESSORY APARTMENT IN ACCESSORY STRUCTURE 5.2.7.1 NEW ACCESSORY APARTMENT IN AN ACCESSORY STRUCTURE: Notwithstanding the provisions of this By-law that state an accessory apartment shall be located in a structure constructed as a detached one family dwelling and the prohibition in subparagraph 7.1.4 against having more than 33 one dwelling on a lot, the Board of Appeals may grant a special permit to allow the construction of an accessory apartment in an existing accessory structure which is on the same lot as an existing one-family dwelling provided: a. the lot has an area of at least 15,500 square feet in the RS district and at least 30,000 square feet in the RO district, b. the accessory structure has at least 600 square feet of gross floor area exclusive of that used for off-street parking and any other per- mitted accessory use , c. not more than one accessory structure on the lot may have an acces- sory apartment and there are not more than two dwelling units , one of which is the accessory apartment, in both the principal dwelling and accessory structure, d. the structure has been in existence at least 20 years at the time of application, and e. the accessory structure complies with all building, health and safety codes for a dwelling, and further provided the Board of Appeals determines that: 1) the exterior appearance of the accessory structure maintains the essential character of the purpose for which it was originally constructed and is compatible with the principal dwelling on the same lot and with other dwellings on adjoining lots , 2) the location, layout and design of off-street parking spaces com- plies with subsection 5.2.2 c. 5.2.7.2 SPECIAL CONDITION, EXISTING DWELLING UNIT IN ACCESSORY STRUCTURE IN VIOLATION: All dwelling units in accessory structures in an RO or RS district which existed as of April 1, 1988, except those which are a lawful nonconforming use, or those which were authorized by the granting of a special permit, are in violation of the Zoning By-law. The owner of each existing dwelling unit in an accessory structure in viola- tion must apply to the building commissioner for a determination before January 1, 1990. The application for a determination and the procedures followed shall be essentially the same as those set forth in subsection 5.2.6 but shall differ as the context of a second dwelling unit in an accessory structure shall require and the effective date shall be January 1, 1990." ; or act in any other manner in relation thereto. (Inserted at the request of the Planning Board) DESCRIPTION: An accessory apartment is a small apartment currently allowed in about 11 percent of the single family dwellings in town subject to detailed requirements on exterior appearance, off-street parking and owner occupancy. Since 1983, when accessory apartment regulations were adopted , building permits have been issued for only five new accessory apartments. The 1987 Town Meeting asked that Town officials propose amendments to the Zoning By-law to encourage more accessory apartments. The Planning Board proposes amendments reducing somewhat the standards now in the Zoning By-law and proposes that an accessory apartment be authorized in an existing accessory (separate) building . 34 •ARTICLE 42 ZONING BY-LAW, MINIMUM DEVELOPABLE SITE AREA To see if the town will vote to amend the Zoning By-Law by adding a new section 7.2.3, as follows: "No new dwelling shall be erected on any lot created after April _, 1988 which does not contain a contiguous developable site area which is at least 90 percent of the minimum lot area for the district in which the lot is located. This requirement shall not apply to any lot created in a cluster subdivision, a special residential development or a planned residential district."; in subparagraph 9.2.12 by adding a new sentence at the end, as follows: "See also subparagraph 7.2.3 which requires that a minimum percentage of the required minimum lot area be in a contiguous developable site area."; or act in any other manner in relation thereto. (Inserted at the request of the Conservation Commission) DESCRIPTION: The purpose of this amendment is to ensure that every new lot contains sufficient dry land for a dwelling, driveway, yard and other improvements so that landowners will be less likely to fill wetlands illegally for these purposes. The proposed amendment, sub- mitted by the Conservation Commission, requires that newly created lots contain a minimum area of dry buildable land (developable site area as defined by the Zoning By-law.) •ARTICLE 43 AMEND ZONING BY-LAW LOWELL STREET, RO TO CD To see if the Town will vote to amend the Zoning By-Law by changing the district designation from RO--ONE FAMIIIY DISTRICT TO CD—PLANNED COMMERCIAL DEVELOPMENT DISTRICT of the land off the Northeasterly side of Lowell Street abutting the Burlington/Lexington Town Line and the Middlesex Mall, bounded and described as follows: Beginning at a point in the northwesterly corner of the property to be re- zoned, said point being S 41 56 38 E, 657.92 feet from a corner in the Town Line thence running: S 29 53 54 W 163.20 feet to a point, thence turning and running; S 16 05 40 E 136.93 feet to a point, thence turning and running; S 59 56 38 E 139.73 feet to a point, thence turning and running; N 62 49 54 E 122.01 feet to a point, thence turning and running; N 65 57 21 E 56.35 feet to a point, at the Town Line, thence turning and running; N 41 56 38 W 355.41 feet by the Town Line to the point of beginning. Said land is bounded NORTHEASTERLY by the Burlington/Lexington Town Line and Land of Burlington Village Associates in the Town of Burlington and SOUTH- EASTERLY, SOUTHWESTERLY, WESTERLY, and NORTHWESTERLY by land of Burlington Village Associates, in the Town of Lexington and contains 1.29 acres more or less. 35 Said land is shown on a plan entitled "Plan of Land Showing Land to be Rezoned to CD-Planned Commercial Development District in Lexington, Mass." dated December 18, 1987, prepared by Beals and Thomas , Inc. and certified by Robert J. Buckley, Registered Land Surveyor attached hereto. The preliminary site development and use plan for such zoning district shall be the plan dated January 11, 1988, or as may be subsequently revised and filed with the Town Clerk and the Planning Board prior to the Annual Town Meeting in accordance with the provisions of the Zoning By-law of the Town of Lexington; or act in any manner in relation thereto. (Inserted by Loran E. Wallace and nine or more registered voters) DESCRIPTION: This proposal calls for the rezoning of 1.29 acres of land off the northeasterly side of Lowell Street abutting the Burlington/Lexington Town Line from the RO Single Family Dwelling District to the CD Planned Commercial Development District. The land is presently vacant and abuts the Middlesex Mall which is located in Burlington. The proposed rezoning would permit the construction of a 17,000 square foot retail building and off-street parking in compliance with Section 11 of the Zoning By-Law of the Town of Lexington. The proponent is Jeremy Hubball, Senior Vice President of Northland Realty Corporation, General Partner of Burlington Village Associates. 36 LEGISLATION AND BY-LAWS •ARTICLE 44 RELEASE OF EASEMENT To see if the Town will vote to authorize the Selectmen to release to Jay M. Hellman and Barbara A. Hellman a six foot strip of land along and within the boundary of a thirty foot sewer easement on the lot owned by them at 33 Baskin Road; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) DESCRIPTION: The Selectmen have granted a license to allow construction of an addition to this residence that encroached on the easement but transfer of the interest in land requires Town Meeting action. The Town retains adequate access to the sewer trunk line in the remaining 24' wide easement. •ARTICLE 45 RESIDENTIAL IMPROVEMENT EXEMPTION To see if the Town will vote to accept Clause Fiftieth of Section 5 of Chapter 59 of the General Laws relating to exemptions for alterations or improvements to residential real estate; or act in any other manner in relation thereto. (Inserted at the request of the Council on Aging) DESCRIPTION: Acceptance of this provision would allow property tax exemptions for the value of alterations or improvements to residential real estate necessary to provide housing for a tenant aged 60 or over. The exemption would apply only when the property is occupied by a qualifying tenant. •ARTICLE 46 HOME RULE PETITION - LIMITED TOWN MEETING ACT To see if the Town will vote to petition the General Court for an act to amend Chapter 215 of the Acts of 1929, as amended, to provide that precincts be apportioned by population and to make any other necessary changes; or act in any other manner in relation thereto. (Inserted at the request of the Town Clerk) DESCRIPTION: The statute cited provides for limited (representative) Town Meeting in Lexington, with precincts established according to the number of registered voters. Town precincts are actually established according to population, in keeping with current court rulings, and the act needs to be amended accordingly. *ARTICLE 47 HOME RULE PETITION - ABATEMENT FILING EXTENSION To see if the Town will vote to petition the General Court for an act to permit certain property owners in the East Lexington section to apply after the deadline for real estate tax abatements for Fiscal Year 1987; or act in any other manner in relation thereto. (Inserted at the request of the Board of Assessors) 37 I DESCRIPTION: Computerized mass appraisal systems such asithe one used by the Town in the FY 87 revaluation rely on "neighborhood" codes to generate components of property values. Because an error in entering the code for a number of houses in East Lexington was not discovered until after the deadline for filing abatement applications, special legislation is required to enable the property owners to request abatements that correct the errors. •ARTICLE 48 HOME RULE PETITION - LONG TERM DISABILITY INSURANCE To see if the Town will vote to petition the General Court for an act to permit the Town to establish a plan for long term disability insurance for town employees; or act in any other manner in relation thereto. (Inserted at the request of the Personnel Advisory Board) DESCRIPTION: Long term disability insurance is a commonly-offered employee benefit in the private sector not available at present to municipal employees. State legislative authorization is a prerequisite to the design and implementation of a plan, which would be developed in consultation with employees and unions and coordinated with existing benefits. No funds are requested as it is intended for the plan to be employee-paid. •ARTICLE 49 HOME RULE PETITION - HISTORIC DISTRICT To see if the Town will vote to petition the General Court for an act to amend Chapter 447 of the Acts of 1956, as amended, to provide for an historic district for those properties which are not contiguous to existing historic districts but which have located thereon structures built prior to 1790; or act in any other manner in relation thereto. (Inserted at the request of the Historic Districts and Historical Commissions) DESCRIPTION: Nine of 22 surviving dwellings built before 1790 are outside established historic districts. Inclusion of these properties within an historic district recognizes their historic significance and may prevent their loss through demolition. •ARTICLE 50 GENERAL BY-LAW - SMOKING IN PUBLIC PLACES To see if the Town will vote to amend Article XXVI of the General By-Laws of the Town of Lexington by adding a new section 8 thereof, as set forth in a document entitled "Proposed By-Law Relating To The Restriction of Smoking In Public Places And In The Workplace," which is on file and available for inspection in the office of the Town Clerk; or act in any other manner in relation thereto. (Inserted at the request of the Board of Health) 38 DESCRIPTION: Since the adoption in 1983 of Section 7 of Article XXXVI certain restaurants in Lexington have been required to establish non-smoking areas for patrons. The Board of Health has considered this experience and the mounting evidence of health effects of tobacco smoke on both smokers and non-smokers. The Board has concluded that it is timely and appropriate to extend smoking restrictions to public areas and the workplace in the interests of protecting and promoting public health. •ARTICLE 51 GENERAL BY-LAW - REFUSE SEPARATION To see if the Town will vote to amend Section 9 of Article VI of the General By-Laws of the Town of Lexington by adding at the end of such section the following: "Such rules and regulations may require the separation of designated recyclable material or materials from other refuse."; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) DESCRIPTION: The Waste Management Task Force is developing a program to work in conjunction with curbside refuse collection to reduce the waste stream by separate disposal of recyclable materials such as newspaper and glass. •ARTICLE 52 GENERAL BY-LAW, NON-CRIMINAL DISPOSITION To see if the Town will vote to adopt a by-law for the non-criminal disposition of violations of town by-laws, rules, and regulations as authorized by M.G.L. Chapter 40, Section 21D, in accordance with the report and recommendation of the Police Department, Conservation Commission, Board of Health and Building Commissioner, which is on file and available for inspection in the office of the Town Clerk; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) DESCRIPTION: This article would provide a means for the non-criminal disposition of violations of town by-laws, rules and regulations, including those regulating use of public ways, snow and ice removal, public conduct, animal control, zoning, wetlands alteration and use of conservation land. Violators would be ticketed and could either pay the fine or request a hearing in District Court, comparable to the current procedure for parking violations. The procedure would permit the town to enforce local by-laws more efficiently without committing large amounts of time to court proceedings and without burdening violators with criminal records. 39 •ARTICLE 53 GENERAL BY-LAW - DOGS To see if the Town will vote to amend the General By-Laws of the Town of Lexington by adding a new Section 6 to Article XXVIII as follows: Section 6. It shall be the duty of each person who owns, keeps, or controls a dog to remove and dispose of any feces left by his or her dog on any street, public place, or private property which is not owned or occupied by the owner or keeper of such dog. or act in any other manner in relation thereto. (Inserted by Joan H. Cordell and nine or more registered voters) GENERAL ARTICLES •ARTICLE 54 TRANSFER OF SCHOOL SITE To see if the Town will vote to transfer the care, custody, management and control of surplus land no longer needed by the School Department to the Board of Selectmen; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) DESCRIPTION: This article proposes to transfer the so-called "Meagherville" school site, adjacent to Pine Meadows Golf Course, from the control of the School Committee to the jurisdiction of the Board of Selectmen. •ARTICLE 55 AFFORDABLE HOUSING To see if the Town will accept a report from the Board of Selectmen and the Planning Board on the status of actions taken to implement the Housing Resolution adopted under Article 50 of the warrant for the 1987 Annual Town Meeting, and to determine if the Town will adopt a resolution or provide direction in some other form for further actions relative to the provision of affordable housing; or to act in any other manner in relation thereto. (Inserted by the Board of Selectmen) DESCRIPTION: The resolution adopted at the 1987 Annual Town Meeting requested that the Planning Board and Board of Selectmen "report to the 1988 and 1989 Annual Town Meetings on progress towards the goal of increasing the availability of affordable rental housing for elderly, low- and moderate-income households in Lexington." •ARTICLE 56 STUDY - MUNROE SCHOOL CONVERSION To see if the Town will vote to authorize LexHAB to prepare a feasibility study for the conversion of the Munroe School property to affordable housing and to present the results of that study to the 1989 Annual Town Meeting or an earlier Special Town Meeting; or act in any other manner in relation thereto. (Inserted at the request of LexHAB) 40 DESCRIPTION: The Lexington Housing Assistance Board (LexHAB) believes Munroe School offers an appropriate location for affordable housing. They seek to determine the number of possible units, cost of conversion, feasibility of additional construction on the site, financial viability of development options and amount of land that would remain available for recreational purposes. •ARTICLE 57 REAFFIRMATION - QUALITY EDUCATION To see if the Town will vote to reaffirm its commitment to quality education for the students in its public schools. (Inserted by Kathleen McKenzie and nine or more registered voters) DESCRIPTION: The following was provided by the proponents of this article: "Recently there has been some controversy concerning the priorities of the Town of Lexington. The members of the PTA Council feel it is important for our leaders to publicly acknowledge that education is a major priority." •ARTICLE 58 DISSOLVING COMMITTEES To see if the Town will vote to dissolve the following committees: a. Hazardous Substance System Review Committee established under Article 7 of the warrant for the 1985 Annual Town Meeting; b. Energy Committee established under Article 49 of the warrant for the 1979 Annual Town Meeting; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) DESCRIPTION: This is a "housekeeping" article to acknowledge that the committees listed have completed the projects assigned to them. •ARTICLE 59 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: $3,857,691 DESCRIPTION: This article requests the use of available funds--"free clash"--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. 41 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 eighth day of February, A.D. , 1988. JOHN C. EDDISON, Chairman PAUL W. MARSHALL Board WILLIAM J. DAILEY, JR. of JACQUELYN R. SMITH Selectmen LEO P. McSWEENEY A true copy, Attest: William J. Young Constable of Lexington 42