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HomeMy WebLinkAbout1989-03-06-TE-Warrant-and-1989-03-27-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 sixth day of March, 1989, at 7 a.m. , then and there to act on the following articles: ARTICLE 1 ELECTIONS To choose by ballot the following Officers: Two Selectmen for 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; One member of the Planning Board for the term of five years; One member of the Lexington Housing Authority for the term of five years; Ten Town Meeting Members in Precinct One, the seven receiving the highest number of votes to serve for the term of three years; the three receiving the next highest number of votes to fill a term ending March, 1990; Seven Town Meeting Members in Precinct Two for the term of three years; Seven Town Meeting Members in Precinct Three for the term of three years; Seven Town Meeting Members in Precinct Four for the term of three years; Seven Town Meeting Members in Precinct Five for the term of three years; Seven Town Meeting Members in Precinct Six for the term of three years; Eight Town Meeting Members in Precinct Seven, 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 a term ending March, 1991; Eight Town Meeting Members in Precinct Eight, 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 a term ending March, 1991; Seven Town Meeting Members in Precinct Nine for the term of three years; The polls will be open at 7 a.m. and will remain open until 8 p.m. '7 You are also to notify the inhabitants aforesaid to meet in Cary Memorial Hall in said Town on Monday, the twenty-seventh day of March at 8 p.m. , at which time and place the following articles are to be acted upon and determined exclusively by the Town Meeting Members in accordance with Chapter 215 of the Acts of 1929, as amended, and subject to the referendum provided for by Section eight of said Chapter, as amended. ARTICLE 2 REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES To receive the reports of any Board or Town Officer or of any Committee of the Town. ARTICLE 3 APPOINTMENTS TO CARY LECTURE SERIES To see if the Town will authorize the appointment of the committee on lectures under the wills of Eliza Cary Farnham and Susanna E. Cary; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) DESCRIPTION: This is an annual article which provides for the appointment of three citizens to the Cary Lecture Series by the Moderator. FINANCIAL ARTICLES ARTICLE 4 OPERATING BUDGET To see if the Town will make appropriations for expenditures by departments, officers, boards, and committees of the Town for the ensuing fiscal year and determine whether the money shall be provided by the tax levy or by transfer from available funds, including any special funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) DESCRIPTION: This article requests funds for the Fiscal Year 1990 (July 1, 1989 - June 30, 1990) 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 health insurance for school employees, debt service requirements, property and liability insurance on school buildings and contents, and pension costs for school employees other than professional staff. The following chart lists by account FY 87 and FY88 expenditures, FY 89 appropriations and FY90 Selectmen/Town Manager recommendations. 18--1 t F SUMMARY FY 90 OPERATING BUDGETS SEL./MGR. ACCOUNT NAME EXPENDED EXPENDED APPROP. REQUESTED FY87 FY88 FY89 FY90 EDUCATION Lexington Public Schools 20,480,432 22,035,279 24, 044,768 26,401,155 Regional School 305,309 377,024 399,815 372,904 TOTAL EDUCATION $20,785,741 $22,412,303 $24,444,583 $26,774,059 UNDISTRIBUTED Emolovee Benefits Contributory Pension Fund 1, 600, 000 1, 814,047 1,997,263 2,079, 175 Non-Contributory Pension 188,922 220,545 200,000 198,000 Pension Funding 300, 000 300,000 291,000 291, 000 Retirement Expenses 4,940 4,840 4,550 15,150 Insurance 2,395,719 2,626,727 2,725,787 3,489,728 Total Employee Benefits 4,489,581 4,966,159 5,218, 600 6, 073,053 Debt Service Funded Debt 260,000 1, 109,403 925, 000 925, 000 Interest on Debt 22,283 810,983 769,364 711,552 Tax & Bond Anticipation Loans 498,027 23,548 28, 000 25,000 Exempt Debt -- -- 711,000 2,230,500 Total Debt Service 780,310 1,943,934 2,433, 364 3,892, 052 TOTAL UNDISTRIBUTED $5,269,891 $6,910, 093 $7,651,964 $9,965, 105 COMMUNITY SERVICES DPW DPW Personal Services 1,972, 149 2,108,410 2, 142,683 2,217, 180 DPW Admin. General Expense 15,028 20, 025 19,630 23,430 Engineering 16,213 20,392 18, 000 8,000 Total DPW Administration 2,003,390 2,148,827 2,180,313 2,248, 610 Highway Highway Maintenance 135,063 148, 859 163,850 163,850 Street Lighting 383,445 416, 170 457, 600 480,000 Road Machinery 248,322 208,317 173,453 174,525 Sanitary Landfill 2,106 3,479 7,500 7,500 Traffic Reg/Street Signs 36,803 33,486 39,936 40,342 Snow Removal 157,588 198, 689 193,388 194,000 Total Highway 963,327 1, 009, 000 1,035,727 1, 060,217 /0 SEL./MGR. ACCOUNT NAME EXPENDED EXPENDED APPROP. REQUESTED FY87 FY88 FY89 FY90 Parks & Grounds Park 73,798 65,305 84,550 84,550 Shade Tree 10,742 12,893 17, 800 17, 600 Insect Suppression 0 0 1,350 1,350 Dutch Elm 3,370 1,460 3, 800 3, 800 Cemeteries 16,563 18,459 19,834 15, 184 Total Parks & Grounds 104,473 98, 117 127,334 122,684 Refuse Collection Total Refuse Collection 1,282,400 1,464,249 1,688,000 1,688,000 Town Buildino Maintenance Total Town Bldg. Maint. 167, 664 189,693 215, 653 243, 153 TOTAL COMMUNITY SERVICES $4,521,254 $4,910, 086 $5,247, 027 $5,362, 664 PUBLIC SAFETY Law Enforcement Police Personal Services 1,970,250 2,115,469 2,130,799 2,240,779 Police Dept Expenses 234, 113 187,031 246, 631 255,971 Total Law Enforcement 2,204,363 2,302,500 2,377,430 2,496,750 Fire Services Fire Personal Services 1,797, 090 1,969,741 2, 108, 080 2,272, 600 Fire Department Expenses 145, 388 150,286 167,440 167,295 Total Fire Services 1,942,478 2, 120, 027 2,275, 520 2,439, 895 Blda. & Zonina Inst. Inspection Personal Services 109,701 128,566 139,047 138,902 Inspection Dept. Expenses 3,790 3,698 4, 044 4,225 Total Bldg. & Zoning Insp. 113,491 132,264 143,091 143, 127 TOTAL PUBLIC SAFETY $4,260,332 $4,554,791 $4,796,041 $5, 079,772 CULTURE & RECREATION Library Library Personal Services 683,205 733,939 788,786 799, 180 Library Expenses 195,675 221,029 242,150 230,700 Total Library 878,880 954,968 1, 030,936 1, 029, 880 Recreation Recreation Personal Services 133,044 158,064 187,592 203, 627 Recreation Expenses 17,012 26,380 25,625 27, 660 Recreation Total 130, 056 184,444 213, 217 231, 287 Total Celebrations Com. 9, 154 9,976 10,000 10, 000 TOTAL CULTURE & RECREATION $1, 038, 090 $1,149,388 $1,254,153 $1,271, 167 , SEL./MGR. ACCOUNT NAME EXPENDED EXPENDED APPROP. REQUESTED FY87 FY88 FY89 FY90 HEALTH & HUMAN SERVICES Health Health Personal Services 73,102 85,311 88,315 96,469 Health Expenses 16,927 18,274 22, 100 22,550 VNCH 3,824 4,923 8,400 8,400 Rabies Clinic 888 1,141 3,425 3,350 Animal Control P.S. 20, 102 20, 850 20, 184 20,184 Animal Control Expenses 3, 098 6,327 8,280 8,280 Total Health 117,941 136,826 150,704 159,233 Council on Aaina Council on Aging P.S. 49,127 62,264 60,030 61, 805 Council on Aging Exp. 52,968 49,883 53,986 55,496 Total Council on Aging 102,095 112, 147 114, 016 118,301 Veterans Veterans Administration 14,953 15, 846 17,392 17, 392 Veterans Expenses 269 325 391 391 Veterans Aid & Expenses 11,820 5,008 15,709 10,000 Graves Registration 0 96 200 200 Soldiers Burial 0 0 500 500 Total Veterans 27, 042 21,275 34,192 28,463 Total Human Services 71,067 93,273 125,150 125, 150 TOTAL HEALTH & HUMAN SERVICES $318, 145 $363,521 $424,062 $431, 167 GENERAL GOVERNMENT Executive Selectmen Personal Services 38,573 41,210 44, 151 44,151 Selectmen Expenses 8, 158 8,299 10, 850 12,350 Town Manager Personal Services 173,314 165,038 186,979 190,481 Town Manager Expenses 13,954 10,579 11,000 12, 850 Temporary Help & Overtime 29,211 18,000 35,000 36,750 Clerical Pool 15,669 15, 857 17,434 17,434 Fire & Police Medical 32,994 54,765 35, 000 36,444 Out of State Travel 4,891 4,267 5, 000 7,500 General Professional Services 62,591 77,377 75,000 86,500 Director of Guides 1,000 1,500 1,500 1,500 Tuition & Training 11,342 12, 079 12,500 14, 000 Instate Travel 8,805 8, 022 12,000 12, 000 Safety Program 215 215 500 0 Printing Town Report 5,216 6,156 6,250 6,250 Total Executive 405,933 423,364 453, 164 478,210 /0L SEL./MGR. ACCOUNT NAME EXPENDED EXPENDED APPROP. REQUESTED FY87 FY88 FY89 FY90 Legislative Appropriation Committee 598 950 950 950 Misc. Boards & Committees 3, 678 5,994 7,400 7,400 Total Legislative 4,276 6,944 8,350 8,350 Finance Comptroller Personal Services 150,413 148,997 143,576 143,576 Comptroller Expenses 117,464 127,224 94,850 112,850 Treasurer/Collector P.S. 116,311 122,887 120,901 120,901 Treasurer/Collector Expenses 26,740 52,435 14, 850 14,850 Assessors Personal Services 94,542 105,973 102,216 102,216 Assessors Expenses 8,456 10,236 9,550 9,710 Data Processing Enhancement NA NA 48,000 48,000 Total Finance 513,926 567,752 533,943 552,103 Staff Legal Fees 146,714 175,000 115,000 143,360 Legal Expenses 22,716 28,284 31,640 31, 640 Town Clerk Personal Services 75,968 80,543 87,610 87,610 Town Clerk Expenses 1,147 1,310 2,285 2,480 Board of Registrars P.S. 7,780 1,558 1,558 1,645 Board of Registrars 14,464 25,749 33, 685 31,840 Elections/Town Clerk 17,108 13,902 26,620 12,475 Elections/Selectmen 20,433 15,959 25,600 18, 100 Total Staff 306,330 342,305 323,998 329, 150 Community Development Planning Board P.S. 80, 300 82,760 89,222 89,355 Planning Board Expenses 7,475 5,990 6, 600 6,900 Board of Appeal P.S. 19,734 20,104 21,228 21,147 Board of Appeals Expenses 3,011 2,175 1,300 900 Conservation Commission P.S. 44,080 47,911 50,980 51,238 Conservation Commission Exp. 7,807 7,363 10,330 10,730 Historic Districts Commission 1,973 2,098 2,800 2,800 Total Community Development 164,380 168,401 182,460 183,070 TOTAL GENERAL GOVERNMENT $1,394,845 $1,508,766 $1,501,915 $1,550,883 OPERATING BUDGET $37,588,298 $41,808,948 $45,319,745 $50,434, 817 /3 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 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: $277,000 DESCRIPTION: This article requests funds for salary adjustments for all Town employees excluding water and sewer workers. At press time no FY89 contract has been settled with the Police Union. ARTICLE 6 WATER OPERATIONS To see if the Town will appropriate a sum of money to fund the operation of the Water Division of the Department of Public Works; determine whether the money shall be provided by the tax levy, by transfer from available funds, including the water enterprise fund, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: $2,865,075 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: $2,785,801 DESCRIPTION: This arr;...le roquents f,,nOq for expenses, personal services, and charges billed by the Massachusetts Water Resources Authority for operation and maintenance of the Town's sewer collection system. 14 ARTICLE 8 SUPPLEMENTARY APPROPRIATIONS FOR CURRENT FISCAL YEAR (FY 89) 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 1988 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: None at press time. DESCRIPTION: This is an annual article to request additional funding for current fiscal year (FY 89) expenditures. At this time it is not anticipated that additional funds will be requested. 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 cxceed the ',eve' of appropriation. 15 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, 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 unforeseen 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, 1989, 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: None DESCRIPTION: This is an annual article that requests funds for payment of Unemployment Compensation benefits. It is not anticipated that additional funds will be needed for FY 90. 16 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 by the Board of Selectmen) FUNDS REQUESTED: $30,000 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: None 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. No appropriation is recommended for FY 90. DPW ARTICLES ARTICLE 16 WATER MAINS To see if the Town will vote to install new water mains and replace or clean and line existing water mains in such accepted or unaccepted streets or other land as the Selectmen may determine, subject to the assessment of betterments or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; appropriate money for such installation and land acquisition and determine whether the money shall be provided by the tax levy, by transfer from available funds, including any special water funds, or by borrowing, or by any combination of these methods; authorize the Selectmen to apply for, accept, expend and borrow in anticipation of federal and state aid for such projects; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) 17 FUNDS REQUESTED: $1,420,000 DESCRIPTION: This article requests $220,000 to continue the ten- year program of relining or replacing pipes to improve water quality. In FY90, pipes are scheduled to be relined or replaced on several streets in the Cedar Street neighborhood. This article also requests $1,200,000 to continue the three-phase program of replacing pipes to improve fire flow. In FY90, a 6880 foot water main in Wood Street is scheduled to be replaced from Mass. Ave. to Hartwell Ave. The Wood Street pipe replacement is the first of 7 projects in the first phase of the water system improvements program outlined in a 1984 study. 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, 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: $140,000 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. ARTICLE 18 BUTTERFIELD DAM REHABILITATION To see if the Town will appropriate a sum of money to rehabilitate the Butterfield Pond Dam; 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: $40,000 DESCRIPTION: The Dam Safety Program of the Massachusetts Department of Environmental Management inspected this dam in December, 1987. Although the dam is in generally good condition, DEM identified deficiencies needing remedial action to prevent further deterioration. The funds requested should fully rehabilitate the dam to approved DEM standards. 18 ARTICLE 19 CONSTRUCT SIDEWALKS To see if the Town will authorize the Selectmen to construct or reconstruct concrete, bituminous concrete or other sidewalks, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; appropriate a sum of money for such construction and land acquisition, and determine whether the money shall be provided by the tax levy, by transfer from available funds, by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: None DESCRIPTION: No request has been made for FY90. ARTICLE 20 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 DESCRIPTION: This article is for sewer construction and system improvements. No request has been made for FY90. ARTICLE 21 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) 19 FUNDS REQUESTED: $280,000 DESCRIPTION: This article requests funds for new replacement road equipment. Currently the Town's inventory of equipment is valued at $3.3 million. ARTICLE 22 STREET IMPROVEMENTS To see if the Town will appropriate a sum of money for highway improvements under the authority of Chapter 90 of the General Laws and any other applicable law; determine whether the money shall be provided by the tax levy, by transfer from available funds, or by borrowing, or by any combination of these methods; authorize the Selectmen to apply for, accept, expend and borrow in anticipation of state aid for such projects; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: $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. The Town has a continuing 20 year street street improvements program that includes cold planing, crack sealing and resurfacing. ARTICLE 23 STREET ACCEPTANCE AND CONSTRUCTION To see if the Town will vote to establish as a Town way and accept the layout of as a Town way the following streets: Hampton Road from Concord Avenue a distance of 590 feet, more or less, southwesterly to end; Clematis Road from Allen Street a distance of 705 feet, more or less, easterly to end; Dover Lane from Pleasant Street a distance of 540 feet, more or less, northerly to end; South Rindge Avenue from Bow Street a distance of 1125 feet, more or less, to Rindge Avenue; Valleyfield Street from Bridge Street a distance of 450 feet, more or less, northerly to end; 20 as laid out by the Selectmen, all as shown upon plans on file in the office of the Town Clerk, dated November 4, 1988, and to take by eminent domain, purchase or otherwise acquire any fee, easement, or other interest in land necessary therefor; and raise and appropriate money for the construction of said streets and for land acquisition; determine whether the money shall be provided in the tax levy, by transfer from available funds, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: None DESCRIPTION: All of the above listed roads meet or exceed the minimum Town standards for acceptance. No appropriation is required before they can be accepted. ARTICLE 24 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: $100,000 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. ARTICLE 25 WESTVIEW CEMETERY DEVELOPMENT & OPERATION To see if the Town will appropriate a sum of money for the development and maintenance 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: $86,000 DESCRIPTION: This article requests funds to resurface 4200 feet of bituminous pavement roadway in the oldest section of Westview Cemetery. 21 r ARTICLE 26 DPW BUILDING IMPROVEMENTS AND REPAIRS To see if the Town will appropriate a sum of money for making extraordinary repairs to the Public Works building and for architectural services for an addition to and remodeling the existing Public Works building; 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: $92,000 DESCRIPTION: This article requests $80,000 to repair the leaking portion of the DPW barn roof, and $12,000 to hire an architect to design both structural improvements in the existing bays and a 60' x 112' addition to meet present and future needs of proper vehicle movement and storage. OTHER FINANCIAL ARTICLES ARTICLE 27 POLICE STATION ALTERATIONS To see if the Town will appropriate a sum of money to remodel and reconstruct and purchase additional equipment for the Police Station building; 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: $63,912 DESCRIPTION: This article requests funds to remodel the Police Station front desk and dispatch areas to accommodate a new telephone system, computer and future E911 emergency response lines. The Department has outgrown the existing 1970 spatial arrangement. ARTICLE 28 FIRE TRUCK PURCHASE To see if the Town will appropriate a sum of money to purchase a new fire engine; 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: $176,550 DESCRIPTION: This article requests funds to purchase a new Enoine #1 to replace the existing 1978 Maxim, 1250 gpm fire engine which will be traded in. 22 ARTICLE 29 AMBULANCE PURCHASE To see if the Town will appropriate a sum of money to purchase a new ambulance; 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: $81,320 DESCRIPTION: This article requests funds to purchase a new ambulance in accordance with the routine four-year replacement schedule. Mileage at the time of replacement is estimated to be 73,000 miles. The existing 1985 vehicle will be kept as a spare. ARTICLE 30 UNDERGROUND TANK TESTING To see if the Town will appropriate a sum of money to test Town owned underground fuel storage tanks; determine whether the money shall be provided by the tax levy, by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: $26,750 DESCRIPTION: This article requests funds to comply with State regulations requiring testing of Town and School owned underground fuel storage tanks to protect against contamination of soil and water. These funds also provide repair, removal and limited replacement of leaky tanks. There are 31 tanks at 18 Town or School owned locations. ARTICLE 31 FINANCIAL OPERATIONS SOFTWARE To see if the Town will appropriate a sum of money to purchase computer software for the Financial Department; 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: $200,000 DESCRIPTION: This article requests funds to replace all financial applications currently performed manually, on the Town's Digital VAX750, or by a service bureau, with one fully automated and integrated application. Licensing and training is included in this request. No request is made or currently envisioned for replacement of existing hardware. 23 ARTICLE 32 LINCOLN STREET DEVELOPMENT To see if the Town will appropriate a sum of money to construct a restroom facility and sponsor a study to gather information necessary to evaluate and test the aquifers and quality of water for an irrigation system at the Lincoln Street Playground 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, by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted at the request of the Recreation Committee) FUNDS REQUESTED: Amount undetermined at press time DESCRIPTION: This article requests funds to commence work on Phase 2.5 of the multi-phased program to construct additional athletic fields and related landscaping at the Lincoln Street recreation area. The funds requested here will be used to construct handicapped accessible restroom facilities for boys and girls and to study the most appropriate and cost effective means of irrigating the fields. ARTICLE 33 HARRINGTON FIELDS DEVELOPMENT To see if the Town will appropriate a sum of money to reconstruct and rehabilitate the two multi-purpose playing fields at Harrington School as determined by the Recreation Committee with the approval of the Board of Selectmen, determine whether the money shall be provided by the tax levy, by transfer from available funds, by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted at the request of the Recreation Committee) FUNDS REQUESTED: $180,000 DESCRIPTION: This article requests funds to completely reconstruct the two soccer fields on the Harrington School playground. The fields will be turned over, loamed, regraded, fertilized and seeded to accomodate heavy three-season use by youth and adult leagues, schools, industrial groups and the Recreation Department. ARTICLE 34 PLAYGROUND EQUIPMENT To see if the Town will appropriate a sum of money to purchase and install playground apparatus of selected playgrounds 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 methocia? or act in any other manner in relation thereto. (Inserted at the request of the Recreation Committee) 24 FUNDS REQUESTED: $10,000 DESCRIPTION: This article requests funds to purchase, replace, and upgrade play apparatus at playgrounds in the Town. Areas designated for FY90 include Adams and Franklin playgrounds. These funds have not been included in the FY90 budget. ARTICLE 35 LEXPRESS MINI-BUS TRANSPORTATION SYSTEM To see if the Town will appropriate a sum of money to fund a local transportation 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: $250,000 DESCRIPTION: This article requests funds for the continuing operation of LEXPRESS. The amount requested is based on a one-year extension of a three-year contract with the bus operator. ARTICLE 36 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: $32,000 DESCRIPTION: This article requests funds to collect household hazardous wastes. These wastes, including but not limited to pesticides, paint and cleaning solvents, herbicides, and other poisons cannot be legally discarded with other household trash and are dangerous to the environment if discarded in woods or backyards. 25 ARTICLE 37 POLICE DEPARTMENT ACCREDIDATION To see if the Town will appropriate a sum of money to provide for the certification of the Police Department by the Commission on Accreditation for Law Enforcement Agencies; 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 the Board of Selectmen) FUNDS REQUESTED: $20,000 DESCRIPTION: This article requests funds for the accreditation of the Lexington Police Department by the Commission on Accreditation for Law Enforcement Agencies. To achieve accreditation, the Police Department must substantiate its compliance with the majority of 900 commission standards on law enforcement organization, personnel administration, operations, prisoner and court related services and technical services. Funds requested will be used for the Commission's fee, personnel training, the purchase of equipment, and printing of materials needed to achieve compliance with Commission standards. ARTICLE 38 MISCELLANEOUS SCHOOL ARTICLE To see if the Town will appropriate a sum of money to remodel, reconstruct and make extraordinary repairs to school buildings and purchase additional equipment therefor; determine whether the money shall be provided by the tax levy, by transfer from available funds, by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the School Committee) FUNDS REQUESTED: $1,850,000 DESCRIPTION: This article requests $1,400,526 for the acquisition of computer equipment and related staff training; $250,000 for general repairs to Lexington High School locker rooms and lavatories, replacement of General Administrative offices' furniture and carpeting, and installation of noise abatement measures in the Music Room; $187,436 for additional classroom and lunchroom facilities at Estabrook School; $7,500 for flame proof curtains and replacement windows at Harrington and Bridge Schools; $35,738 for painting and weatherization of Fiske and Estabrook Schools; $18,000 for teacher workroom and classroom furniture at Diamond Middle School; and, $11,800 to replace carpeting in 2 classrooms at Clarke Middle School. 26 CONSERVATION ARTICLES ARTICLE 39 CONSERVATION COMMISSION LAND ACCEPTANCE To see if the Town will vote to accept as a gift, a parcel of land shown as lot 23 on Assessors' Property Map 86, now or formerly of Harmon S. White and Edward Green, for conservation purposes, including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, as amended, or act in any other manner in relation thereto. (Inserted at the request of the Conservation Commission) DESCRIPTION: This article requests acceptance of a 6-acre parcel off Turning Mill Road and adjacent to Grimes Road, extending east to a strip of conservation land adjacent to the Burlington town line. Abutting the town line is a 200-acre parcel in Burlington recently taken by that town for conservation purposes. The parcel is offered as a gift for no consideration. ARTICLE 40 CONSERVATION COMMISSION LAND ACCEPTANCE To see if the Town will vote to accept as a gift, a parcel of land shown as lot 131 on Assessors' Property Map 63, known as the Woodland Bird Sanctuary, for conservation purposes as provided by Section BC of Chapter 40 of the General Laws as amended, or act in any other manner in relation thereto. (Inserted at the request of the Conservation Commission) DESCRIPTION: This article requests acceptance of a 7-acre parcel between the Fiske School and Woodland Road which is managed as a Bird Sanctuary with no public access. The current Trustees propose to transfer ownership and management of the parcel to the Conservation Commission. The parcel is offered as a gift for no consideration. 27 ZONING ARTICLE 41 ZONING BY-LAW, TECHNICAL CORRECTIONS To see if the Town will vote to amend the Zoning By-Law by making a number of technical corrections, as set forth in a document entitled Zoning By-Law, Technical Corrections, which is on file, and available for inspection, in the office of the Planning Board and of the Town Clerk, the principal features of which deal with: 1) reference to the Development Regulations, 2) reference to a zoning enforcement officer, 3) reference to conditions included in a variance or special permit in enforcement of the Zoning By-Law, 4) the time period for acceptance of an application for a special permit, 5) reference to a certificate of occupancy, 6) the minimum floor area for an accessory apartment in an accessory building, 7) a special permit for erecting a satellite dish antenna, 8) placement of house numbers on a second street used for access to a house, 9) a cross reference to a table to determine the maximum height of a structure, 10) correcting an obsolete cross reference, 11) clarifying the effective date of a provision, 12) correcting the cross references in the section dealing with off-street parking and loading, 13) the location of loading bays, and 14) a special permit for a common driveway; 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, and 5) update obsolete provisions and references. ARTICLE 42 ZONING BY-LAW, HALF STORY To see if the Town will vote to amend the Zoning By-Law in Section 2, DEFINITIONS, in the definition STORY, HALF by deleting the second sentence and by adding to the first sentence, the following: ". . . ; see subsection 7.5.2 for the standards controlling half story." ; in subsection 7.5 HEIGHT OF BUILDINGS, STRUCTURES, by redesignating the existing subsections 7.5.4 and 7.5.5 to be 7.5.5 and 7.5.6 respectively with no change in the text and by redesignating the existing subsection 7.5.2 to be subsection 7.5.4 with no change in the text; by inserting a new subsection 7.5.2, as follows: "7.5.2 CALCULATION OF HALF STORY To be considered a half story, not more than two thirds of the floor area may have a height above it of five feet or more and not more than one half of the floor area may have a height above it of 7 feet 3 inches or more. 28 In the case of a dormer(s) constructed on a sloping roof which is above a half story, the length of the dormer(s) , as measured between the lowest bearing points of the dormer(s) on the bearing wall or on the rafters of the sloping roof, shall not exceed 50 percent of the length of the sloping roof to which it is attached. If the length of the dormer(s) , so calculated, exceeds 50 percent, the story below shall be considered a full story and not a half story."; or act in any other manner in relation thereto. (Inserted at the request of the Planning Board) DESCRIPTION: In several zoning districts, a "half story" is allowed on certain types of buildings. This amendment clarifies the method of differentiating between a full story and a "half story" in determining the height of a building. ARTICLE 43 ZONING BY-LAW, INSTITUTIONAL USES To see if the Town will vote to amend the Zoning By-Law by making a number of amendments, as set forth in a document entitled Zoning By-Law, Institutional Uses, 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 institutional uses located in one-family and two-family dwelling zoning districts: 1) changing the method of calculating, and increasing, the minimum yard setback for institutional uses, 2) instituting a floor area ratio requirement which will limit the intensity of development of institutional uses, 3) instituting a site coverage requirement which will limit the amount of land that may be covered in the development of institutional uses, 4) decreasing the permitted maximum height of institutional uses, and 5) increasing the requirements for off-street parking for institutional uses; or act in any other manner in relation thereto. (Inserted at the request of the Planning Board) DESCRIPTION; Institutional uses, as described in Table 1, Section 2 of the Zoning By-Law, include churches and temples, schools, municipal buildings and non-profit organizations which are located in one-family and two-family residential zoning districts. The objective of the proposed amendment, which is lengthy, is to adopt standards to deal with institutional uses which abut one- and two-family homes. 29 ARTICLE 44 ZONING BY—LAW, CRO TO CD AND RO MARRETT ROAD (SHERATON) To see if the Town will vote to amend the Zoning By-Law by changing the zoning district designation from CRO, REGIONAL OFFICE, to CD, PLANNED COMMERCIAL, and to RO, ONE FAMILY DWELLING, of the land adjacent to the interchange of Route 128 and Marrett Road (Route 2A), commonly known as the Sheraton Hotel site. The land to be rezoned to the CD, PLANNED COMMERCIAL, district is bounded southerly by Marrett Road (Route 2A), westerly by Massachusetts Avenue and land now, or formerly, of Maurice D. and Louise F. Healey, northerly by Massachusetts Avenue and land of the United States of America (Minute-man National Historical Park) and easterly by the 1960 layout of Route 128 (Interstate 1-95) and contains 13.02 acres, more or less. The parcel to be rezoned to CD, PLANNED COMMERCIAL, is described more fully in a metes and bounds description and on a plan entitled "Plan of Land in Lexington, Mass. for Proposed Rezoning to CD, Commercial District" dated December 21, 1988 by Russell Wheatley, Registered Land Surveyor, both of which accompany the petition for rezoning and are on file with the Board of Selectmen, the Planning Board and the Town Clerk. The land to be rezoned to the RO, ONE FAMILY DWELLING, district is bounded southerly by Marrett Road (Route 2A) , westerly by land now, or formerly, of Thomas J. Flatley and the 1960 layout of Route 128, northerly by land of the United States of America (Minute-man National Historical Park) and easterly by the 1950 layout of Route 128 and contains 5.2 acres, more or less. The parcel to be rezoned is described more fully in a metes and bounds description and on a plan entitled "Plan of Land in Lexington, Mass. for Proposed Rezoning to RO, One Family Dwelling", dated December 21, 1988 by Russell Wheatley, Registered Land Surveyor, both of which accompany the petition for rezoning 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 9, 1989 to be filed with the Planning Board and the Town Clerk, or as may subsequently be revised and filed with the Planning Board and the Town Clerk, all in accordance with the provisions of the Zoning By-Law of the Town of Lexington; or act in any other manner in relation thereto. (Inserted by M. Theresa Tremblay and nine or more registered voters) DESCRIPTION: This citizens' petition submitted in behalf of The Flatley Company of Braintree, Mass. would allow for the complete renovation and upgrading of the existing Sheraton Lexington Inn off Route 2A, and the addition of 80 rooms resulting in a total of 195 rooms. The restaurant and function rooms would not be increased in size. The second part of the petition corrects the Zoning Map to account for the expansion of the Route 128 - Route 2A interchange by the state in 1960. 30 ARTICLE 45 ZONING BY-LAW, CRO TO CD HARTWELL AVENUE (HILTON) To see if the Town will vote to amend the Zoning By-Law of the Town of Lexington (the "By-Law") by changing the zoning district designation of the land described below from CRO - Regional Office to CD - Planned Commercial District, said property being commonly known as 12-18 Hartwell Avenue, to allow construction of a commercial hotel. The land to be rezoned consists of an approximately 5+ acre site located in a CRO -Regional Office District and bounded northwesterly by Hartwell Avenue, easterly by land now or formerly of Tektronix, Inc. southeasterly by land now or formerly of Boston Edison Company and westerly by land now or formerly of Mico Realty Trust, said property 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, 1988 by the BSC Group, Bedford, 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 Town Board of Selectmen, 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 , 1989 to be 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 manner in relation thereto. (Inserted by Steven Colangelo and nine or more registered voters) DESCRIPTION: This citizens' petition submitted in behalf of Lexington Management Corporation (Steven and Michael Colangelo) would allow for the removal of the existing office building at 12-18 Hartwell Avenue and the construction of a new hotel to be managed by Hilton Inns Incorporated. The proposal is for a two story, 124 room hotel with meeting rooms, a 100 seat dining/lounge area and related facilities. ARTICLE 46 ZONING BY-LAW, CONCENTRATION OF AFFORDABLE HOUSING IN RS DISTRICTS To see if the town will vote to amend the Zoning By-law by inserting a new section entitled, "Regulation of the Concentration of Affordable Housing in RS Districts", as follows: "After April _, 1989 newly created low and moderate income subsidized housing, as defined by applicable state or federal regulations, shall conform to the following limits for a neighborhood within an RS - One Family Dwelling District: 1. No more than 20% of the total dwelling units shall be low- income subsidized rental housing. 2. No more than 30% of the total dwelling units shall be low and moderate-income subsidized rental hensing. 3. No more than 40% of the total dwelling units shall be in any form of low or moderate-income subsidized housing, including home ownership and cooperative home ownership. 31 The following definitions and conditions apply: 1. A neighborhood is defined as 2,000 feet of a continuous public road or series of connecting public roads, in any configuration along or within a residential zone. 2. At least 50% of lot frontage must lie within the designated neighborhood, in order that the entire number of dwelling units on such property is counted. 3. The dwelling units of the following types of housing are to be counted and classified as low-income rental, moderate-income rental, low and moderate-income home ownership or cooperative ownership, and market rate: a. Dwelling units of 1,2,3, and 4 unit housing. b. Multifamily housing of 5 to 15 units, with densities exceeding 10.0 dwelling units per acre. c. The bedrooms of congregate housing shall be considered as dwelling units. In addition to the above, proposed multifamily or congregate housing of 5 or more units to be built or developed within an RS or RD zone, in which 40% or more of the units are to be designated for low or moderate-income rentals, shall not be built or developed within 1,500 feet of the dwelling structures of such housing existing within an RS zone." (Inserted by Lee Ann Kay and nine or more registered voters) DESCRIPTION: This proposed amendment to the Zoning By-Law, submitted as a citizen petition, would limit the concentration of low and moderate-income subsidized housing within neighborhoods located in RS - One Family Dwelling Districts. No more than 20% of the dwelling units shall be low-income rental; no more than 30% shall be low and moderate-income rental; no more than 40% of the dwelling units shall be in any form of subsidized housing, including home ownership and cooperative ownership. GENERAL ARTICLES ARTICLE 47 GENERAL BY-LAW - BUDGET SUBMISSION To see if the Town will vote to amend Article VI of the General By-Laws of the Town of Lexington by adding a new section 12 thereto as follows: Section 12. The Town Manager shall annually submit to the Selectmen for their consideration a proposed budget, revenue statement and tax rate estimate on or before January 15; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) DESCRIPTION: This article establishes by By-Law the annual date by which the Town Manager will submit to the Selectmen the proposed budget, revenue statement and tax rate estimate. 32 ARTICLE 48 GENERAL BY-LAW - BUDGET SUBMISSION PRESENTATION To see if the Town will vote to amend the General By-Laws of the Town of Lexington by adding a new Section 12 to Article VI as follows: Section 12. The Selectmen shall submit a budget at the annual town meeting. and delete the words "present and" from Paragraph 2 of Section 5 of Article XIII; or act in any other manner in relation thereto. (Inserted by Sam Silverman and nine or more registered voters) DESCRIPTION: This article is meant to clarify final responsibility for submission of the annual town budget as between Selectmen and the Appropriations Committee. State law and town by-laws indicate this should be with the Appropriations Committee, though this is not crystal clear. The present article assigns this responsibility to the Selectmen, in accordance with present practice: Town meeting should decide which is preferable: whether separation of powers, with Selectmen providing the governmental budget, and Appropriation Committee having final oversight, rather than simply giving recommendations, or Selectmen having final responsibility for presenting budget to Town Meeting. ARTICLE 49 GENERAL BY-LAW - COMMITTEE PURPOSE To see if the Town will vote to amend the General By-Laws of the Town of Lexington by adding a new Section 7 to Article XII as follows: Section 7. Every Town Committees shall have a clear and direct connection or relationship to the operation and functioning of the Town. or act in any other manner in relation thereto. (Inserted by Sam Silverman and nine or more registered voters) DESCRIPTION: The purpose of this article is to insure that time, effort and money expended in the course of a year by town government is spent only on matters directly concerned with the operation and functioning of town government. This conception derives from the Constitutional idea of separation of powers between federal, state and local levels. The article does not preclude matters outside of local concerns being raised at the town level - these can still be carried out by vote of the entire town (thus representing public opinion more accurately) by ballot questions, or even by resolutions of town meeting, or by the operations of private citizens groups. 33 ARTICLE 50 GENERAL BY-LAW - BUDGET SUBMISSION TIMETABLE 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 XIII as follows: Section 6. The calendar dates on or before which the budget, revenue statement and tax rate estimate are to be submitted and transmitted shall be those specified in the Selectmen-Town Manager Act of the Town of Lexington, Massachusetts, Chapter 753 of the Acts of 1968, prior to any subsequent amendments. or act in any other manner in relation thereto. (Inserted by Sam Silverman and nine or more registered voters) DESCRIPTION: The Selectmen-Town Manager Act, as amended in 1985, eliminated the time table for the budget process from the enabling statute, but required that timing should be provided by By-Law, which is easier to change and dependent only on Town Meeting. Four years later no such By-Law exists. The purpose of this article is to force enactment of such a by-law. The time table given in the article is not meant as a final proposal. The proponents anticipate that the pertinent town boards and officials will prepare some reasonable time table and that the motion at town meeting will use this. ARTICLE 51 EXPENDITURE OF SUBDIVISION CONSTRUCTION DEPOSITS To see if the Town will vote to accept Chapter 236 of the Acts of 1987 as amended, relating to the expenditure of subdivision construction deposits; or act in any other manner in relation thereto. (Inserted at the request of the Planning Board) DESCRIPTION: Presently, when the Planning Board approves a subdivision plan, the developer is required to leave with the Town a security deposit to permit the completion of a street or other public facilities in the subdivision in the event of the default of the developer. To spend the money in the construction deposit now requires a vote of the Town Meeting. Acceptance of this state legislation, which is a local option statute, would authorize the Planning Board to spend, with the approval of the Board of Selectmen, up to $100,000 of the surety funds on deposit with the Town for completion of unfinished work. 34 ARTICLE 52 RETIREMENT BOARD ARTICLE To see if the Town will vote to accept Section 22D of Chapter 32 of the General Laws relating to funding of the pension system or approve the acceptance by the Retirement Board of any of various benefit options contained in said Chapter 32; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) DESCRIPTION: Section 22D of Chapter 32 of the Massachusetts General Laws establishes certain options for the governmental units in the pension area. The legislative body of each governmental unit who chooses not to accept the provisions of M.G.L. C.324.22D may accept a number of provisions in Chapter 32 individually if the Retirement Board previously voted to accept them. Contained within Chapter 32 are provisions for: (a) removal of the "$30,000" cap on pensions, (b) an increase in the supplemental dependent allowance, (c) compensation of persons working beyond age 70, and (d) ten years vesting for ordinary disability retirment for non-veterans. The Retirment Board is currently reviewing these options and will make its recommendations to the Town Meeting. ARTICLE 53 RESCISSION OF AUTHORIZED DEBT To see if the Town will vote to rescind the unused borrowing authorization voted under Article 51 of the warrant for the 1985 Annual Town Meeting; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) DESCRIPTION: Town Meeting authorized $2,855,000 in May, 1985, for the purpose of acquiring the Pine Meadows Golf Course. An additional $11,000,000 was authorized in July, 1988 for a total bond authorization of $13,855,000. The Town issued $11,500,000 of debt, leaving a balance of $2,355,000. The Board of Selectmen propose a rescission of this amount from the Article 51, 1985 Town Meeting authorization. ARTICLE 54 CABLE LICENSE FEES To see if the Town will vote to petition the General Court for an act to authorize the Town to establish an additional license fee upon any operator of a community antenna television system within its jurisdiction; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) DESCRIPTION: This article proposes to provide the town with the flexibility of raising cable franchise fees from a flat rate of $.50 per subscriber to a percentage rate of up to 5% of the total gross income derived from the Lexington cable system. 35 ARTICLE 55 CONSTRUCTION OF AFFORDABLE HOUSING MEAGHERVILLE, PINE MEADOWS To see if the Town will vote to take such actions as may be necessary to promote the construction of affordable housing, as such term is defined in the Comprehensive Plan adopted by the Planning Board, and such other housing and public facilities as may complement, or be needed to serve, the affordable housing, on part of the land in the Meagherville school site, so called, which was transferred to the jurisdiction of the Board of Selectmen by Article 51 of the warrant for the 1985 Annual Town Meeting, and on part of the land in the Pine Meadows Golf Course which was acquired by Article 2 of the warrant for the Special Town Meeting held on July 13, 1988; authorize the Board of Selectmen to lease or to transfer the ownership of such land to the Lexington Housing Authority, to the Lexington Housing Assistance Board, to a private corporation or real estate trust, or any combination thereof, for the purpose of constructing affordable housing and other complementary housing and public facilities; to see if the Town will vote to amend the Zoning By- Law to change the zoning district designation of the land referred to above from the RS, ONE FAMILY DWELLING district to the RD, PLANNED RESIDENTIAL, district; to see if the Town will appropriate a sum of money for the design of, the preparation of plans for, and the construction of streets, sidewalks, storm drainage facilities, sanitary sewerage facilities, other utility lines and facilities, and recreation facilities; determine whether the money shall be provided by the tax levy, by transfer from available funds, or by borrowing in anticipation of receipt of state grants, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted at the request of the Board of Selectmen) DESCRIPTION: The Board of Selectmen, the Planning Board, the Housing Authority and the Lexington Housing Assistance Board are proposing the construction of up to, but not more than, 70 affordable housing units on part of the approximately 45 acre Meagherville school site and on part of the approximately 21 acres of the Pine Meadows golf course property which is not used for the golf course. 36 ARTICLE 56 DEVELOPMENT OBJECTIVES FOR MEAGHERVILLE AND THE 6—ACRE PANHANDLE SITE To see if the town will direct the Board of Selectmen and the Planning Board to develop plans for the Meagherville and 6-Acre Panhandle Site, according to the objectives as outlined below: a. To build no more than 60 units of housing. b. To cluster the units, where possible, in order to maximize the extent of open land. c. To initially designate up to 20% of the subsidized dwelling units as moderate-income rental housing. d. To designate the remaining subsidized dwelling units as housing for moderate-income home ownership. e. If federal and state funds are insufficient for financing up to 60 units of moderate-income subsidized housing as described above, the Selectmen and Planning Board shall permit the construction of no more than 15 units of market rate housing, to be located on the northeastern portion of the Meagherville site. Proceeds from the sale of these homes shall subsidize the desired number of moderate-income housing. f. Where permissible by state and federal law, the Lexington Housing Authority shall pursue an exchange of no more than 5 units of moderate-income rental housing, on a case by case basis, for the same number of existing low- income rental housing. This exchange shall take place between the proposed new development on the Meagherville-Panhandle site, and those areas of town whose low-income, non-senior citizen, non-congregate rental units exceeds 20% of the total dwelling units along 2,000 feet of connecting roads, in any configuration, within single family residential zones. This shall be the only source of low-income housing within the Meagherville/Panhandle development. g. The Garfield Street Playground and Baseball Field shall remain intact. h. At least 1.5 acres of land adjacent to the southwestern boundary of the playground shall be held in reserve for future expansion of the Garfield Street Playground and Baseball Field. i. The remainder of the Meagherville/Panhandle site - including town- owned land along Earl Street located in between Garfield and Ash Streets, that lies outside the planned residential development and future boundaries of the Garfield Street Playground and Baseball Field, shall be designated as conservation land. The Conservation Commission may adopt or modify a plan submitted by neighborhood residents in December 1988, to establish a community garden and wildlife preserve. (Inserted by Lee Ann Kay and nine or more registered voters) 37 DESCRIPTION: This article outlines objectives for the development of the Meagherville/Panhandle site. Up to 60 units of moderate- income subsidized housing may be developed, with 20% of those units initially designated as moderate-income rentals. The remainder of these units shall be appropriated for moderate-income home ownership. If federal and state funds are insufficient to achieve these goals, then the town may allow the development of up to 15 units of market-rate housing, in order to subsidize the desired number of moderate-income housing. This article also calls for maintaining the present playground and baseball field, placement of adjacent land in reserve for future playground/baseball field expansion, and the designation of remaining town-owned land as conservation land. ARTICLE 57 AFFORDABLE HOUSING REQUIREMENTS Affordable housing is a concern shared by many, for example: the Voters, Town Manager, Selectmen, LHA, LEX-Hab, the Fair Housing Committee, the Human Services Committee, and The Council on Aging. Someone should monitor compliance of the twenty five percent factor in existing and proposed developments as applicable. As far as orthodox options to increase affordable housing stock, we have but to look at Boston, Newton, to name a few. To purchase affordable units in order to increase town's stock, is our goal. To purchase some, in order to keep status quo, is not. (Inserted by Danahy Bloom and nine or more registered voters) ARTICLE 58 ABANDONMENT OF OLD ALLEN STREET To see if the Town will vote to discontinue all or any portion of the so- called Old Allen Street a distance of 650 feet, more or less, as shown upon Assessors' Property Map 16, and authorize the Selectmen to reconvey such portion of Old Allen Street to the abutting owners; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) DESCRIPTION: This article was requested by John P. Carroll. Carroll family members are abutters to Old Allen Street. The request would abandon the so-called Old Allen Street and return the land within the right of way to the abutters. 38 ARTICLE 59 CIVILIAN REVIEW BOARD To see if the town will establish a Civilian Review Board, consisting of 3 Lexington residents, appointed by the Town Manager for staggered 3 year terms, whose purpose will be to oversee citizen complaints against the police, to hold public hearings, and to recommend disciplinary action if necessary. (Inserted by Peter A Lucas and nine or more registered voters) DESCRIPTION: This citizens' petition would establish a Civilian Review Board whose purpose would be to review citizen complaints against Police Officers and to recommend disciplinary action, if necessary, to the Town Manager. The Civilian Review Board would provide additional administrative review to the already existing Police Policy and Procedures Manual and the Selectmen-Town Manager Act. ARTICLE 60 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: $3,886,775 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. 39 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 sixth day of February, A.D., 1989. JACQUELYN R. SMITH, Chairman PAUL W. MARSHALL Board JOHN C. EDDISON of WILLIAM J. DAILEY, JR. Selectmen LEO P. MCSWEENEY A true copy, Attest: Ronald B. Wells Constable of Lexington 40 ,`^ -•EI '1 - 1989 FE8 2I PM 3; 58 CLER!; OFFICER'S RETURN LEX NGTJN, 'lAS,S Middlesex, ss: Town of Lexington date February 21 , 1989 I, this day notified the voters of Lexington of the coming Annual Town Meeting to be held on the 6th ' day of March, 1989 . I notified 10,642 inhabitants of the Town of Lexington qualified to vote in elections by mailing them a true attested copy of the Warrant on February 21 , 1989 , 13 days before the time of said meeting. I have also posted a true and attested copy of this Warrant for the Annual Town Meeting in the following public places, plus one at the Town Office Building: 1 . Precinct #1 East Lexington Library 2. Precinct #2 East Lexington Fire Station 3. Precinct #3 Jonas Clarke Middle School :' 4. Precinct #4 Senior High School 5. Precinct #5 Cary Memorial Building 6. Precinct #6 William Diamond Middle School 7. Precinct #7 Estabrook School 8. Precinct #8 Fire Headquarters 9. Precinct #9 Maria Hastings School Constable of Lexington r cc, rri o N :' f n.;-; TY CD trf 1989FEB 21 PM 3; 58 TAW' CLERK LEX!NGTUN. MASS CONSTABLE' S RETURN February 21 , 1989 TO THE TOWN CLERK: I have served the foregoing warrant by posting a printed copy thereof in the Town Office Building and in a public place in each of the precincts of the Town and also by sending by mail , postage prepaid, a printed copy of such warrant addressed to each dwelling house and to each dwelling unit in multiple dwelling houses, apart- ment buildings , or other buildings in the Town, 13 days before the time of said meeting. Attest: l/CovklJ 8 Constable of Lexington to n al 7 K— Tm ry -y C_7 .17,-)t Q C 1 1— r rn C